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A. Within the period of time, not to exceed thirty (30) days, specified in the bid notice by the Procurement Officer, a contract embodying the terms set forth in the bidding documents shall be executed by the Principal Chief or other designated official and the successful bidder. No bidder shall obtain any property right in a contract awarded under the provisions of the Osage Nation Competitive Bidding Act until the contract has been fully executed by both the bidder and the Principal Chief or the designee of the Principal Chief.

B. Within the period of time specified in subsection (A) of this section, the following shall be provided by the contractor to the Procurement Officer for a contract:

1. A payment and performance bond in a sum equal to the contract price, with adequate surety, or an irrevocable letter of credit issued by a financial institution insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation for the benefit of the Osage Nation, on behalf of the bidder, in a sum equal to the contract price, to ensure the proper and prompt completion of the work in accordance with the provisions of the contract and bidding documents; or

A bond in a sum equal to the contract price or an irrevocable letter of credit issued by a financial institution insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation for the benefit of the Osage Nation on behalf of the bidder, in a sum equal to the contract price, to protect the Osage Nation against defective workmanship and materials for a period of one year after acceptance of the project; and

2. Public liability and workers’ compensation insurance during construction in reasonable amounts. A Procurement Officer may require the contractor to name the Osage Nation and its architects or engineers, or both, as an additional insured under the public liability insurance or self-insurance, which requirement, if made, shall be specifically set forth in the bidding documents.

No Procurement Officer shall require for any construction project, nor shall any general contractor submit a project bid based on acquiring or participating in, any wrap-up, wrap-around, or controlled insurance program. For the purposes of this subsection, “wrap-up, wrap-around, or controlled insurance program” means any insurance program that has the effect of disabling or rendering inapplicable any workers’ compensation, general commercial liability, builders’ risk, completed operations, or excess liability insurance coverage carried by a subcontractor that is engaged or to be engaged on a construction project.

C. A single irrevocable letter of credit may be used to satisfy subsection (B) of this section, provided such single irrevocable letter of credit meets all applicable requirements of subsection (B) of this section. If the contractor needs additional time in which to obtain the bond required pursuant to subsection (B) of this section, the contractor may request, and the agency may allow the contractor, an additional thirty (30) days in which to obtain the bond.

D. After the award of a contract but prior to its execution, a Procurement Officer, upon discovery of an administrative error or upon presentation of the facts of an error in the award process that would void an otherwise valid award, shall state the nature of the error and may suspend the time of execution of the contract. Tribal Development may rescind the award and re-advertise for bids no more than seven days after rescinding or may direct correction of the error and award the contract to the lowest responsible bidder, whichever shall be in the best interests of the Osage Nation. The Procurement Officer may extend the seven-day period if necessary under the circumstances. ONCA 07-57, eff. Apr. 18, 2008; ONCA 14-31, eff. May 30, 2014; ONCA 16-06, eff. Dec. 22, 2015; ONCA 21-28, eff. Apr. 26, 2021.