A. Osage Preference shall be applied only to direct contracts with companies fifty-one percent (51%) Osage member owned. It shall not apply to joint ventures between members of the Osage Nation and non-Osage contractors created to obtain preference. Joint ventures must submit financial information for the previous two full calendar years as evidence of actual fifty-one percent (51%) Osage ownership. The following sliding scale shall apply to preference allowing equally qualified Osage member owned company to match the lowest bid if the original submitted bid of the Osage-owned company is within the scale:

Osage Preference for Sealed Bid Projects:

$2,000,000 ≥ 05%

$2,000,000 – $10,000,000 = 04%

$10,000,000 – $50,000,000 = 02%

$50,000,000 – $100,000,000 = 01%

$100,000,000 ≤ 0.25%

B. If an award is made to other than the lowest bidder, Tribal Development shall accompany its action with a written statement setting forth the reason for its action. Such statement shall be placed on file, open to public inspection and be a matter of public record after successful negotiation and contracting is completed. ONCA 07-57, eff. Apr. 18, 2008; ONCA 12-19, eff. Dec. 20, 2011; ONCA 14-31, eff. May 30, 2014; ONCA 16-06, eff. Dec. 22, 2015.