BAY MILLS INDIAN COMMUNITY

PROCUREMENT POLICY

OF

BAY MILLS INDIAN COMMUNITY

GOVERNMENT GRANTS AND CONTRACTS

This Policy is intended to comply with the procurement standards of the OMB

Uniform Guidance (2 CFR §200).

GENERAL PROVISIONS

A. PURPOSE

The purpose of this Policy is to provide for the fair and equitable treatment

of all persons or firms involved in purchasing by the Bay Mills Indian

Community (BMIC); assure that supplies, services and construction are

procured efficiently, effectively, and at the most favorable prices available

to BMIC; promote competition in contracting; provide safeguards for

maintaining a procurement system of quality and integrity; and assure that

BMIC purchasing actions are in full compliance with applicable Federal

standards, Tribal, and local laws. To the extent that a particular matter is

not covered specifically by this policy, the provisions of OMB Uniform

Guidance (2 CFR §200) shall apply.

B. APPLICATION

All funds utilized for the procurement of supplies, services, equipment, and

materials which are funded by direct Federal grant or contract dollars, in

whole or in part, and entered into by BMIC after the effective date of this

Policy, shall be in accordance with this Policy. When both Federal and

non-Federal funds are used for a project, the work to be accomplished

with the funds should be separately identified. Indian preference

regulations shall be applied to all projects. The term “procurement”, as

used in this Policy, includes both contracts and modifications (including

change orders) for construction services, as well as the purchase, lease,

or rental of supplies and equipment.

BMIC may apply this policy to its to its governmental programs which are

not funded by direct Federal grant or contract dollars, when deemed

appropriate by the Executive Council.

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Il. PROCUREMENT AUTHORITY AND ADMINISTRATION

A.

All procurement transactions shall be administered by the

Tribal Manager, or such other individual that he or she has

authorized.

The Tribal Manager or his/her designee shall ensure that:

. procurement requirements are subject to an annual planning

process to assure efficient and economical purchasing.

solicitation procedures for construction contracts are conducted in

full compliance with Federal standards, OMB Uniform Guidance (2

CFR §200), and Indian preference requirements.

contract award is made to the responsive and responsible bidder

offering the lowest price, consistent with Indian preference

requirements (for sealed bid contracts) or contract award is made

to the offeror whose proposal offers the greatest value to BMIC,

considering price, technical, and other factors as specified in the

solicitation, including Indian Preference; unsuccessful firms are

notified within ten days (or other time period required by Tribal or

local law) after contract award.

procedures for inventory control, storage and protection of goods

and supplies, and issuance of, or other disposition of, supplies and

equipment are established in accordance with applicable Federal

regulations.

This Policy and any later changes shall be submitted to the

Executive Council for approval.

Il. PROCUREMENT METHODS

A.

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SELECTION OF METHOD

BMIC shall choose one of the following procurement methods,

based on the nature and anticipated dollar value of the total

requirement.

MICRO-PURCHASES (< $10,000)

Micro-purchases, $10,000 or less, or construction awards of $2,000

or less subject to the Davis-Bacon Act, do not require competition

or a cost/price analysis, but must be distributed equitably among

qualified suppliers (to the extent practicable). Purchase orders or

BMIC Procurement Policy

check requests may be issued without soliciting competitive

quotations if BMIC considers the price to be reasonable. To the

extent practicable, distribution of micro-purchases should be made

equitably among qualified suppliers. Splitting procurements to

avoid competition is prohibited.

c. SMALL PURCHASES ($10,000 - $250,000)

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The Tribal Manager or his/her designee shall solicit

quotations from a reasonable number of qualified sources to

ensure that the acquisition of supplies, materials, and

tangible goods obtained with a purchase order or check

request is advantageous to BMIC, with price and other

factors considered, including administrative costs associated

with the purchase.

Quotes should be received and maintained in written or

digital form. Generally, solicitations should be limited to

three suppliers. If practicable, two sources not included in

the previous solicitation should be requested to furnish

quotations.

Generally, quotations should not be solicited orally; however,

an oral quote can be considered for budgetary purposes. A

quote should be formally put in writing before being

compared to other quotes and accepted.

The bid or quote that is selected must be provided to Grants

Management to check the “Excluded Parties List.” All the

quotes should be included, with information on the rationale

for the selection, as discussed further in section D.

The following items influence the number of quotations

required in connection with any particular purchase:

a. The nature of the article or service to be purchased

and whether it is highly competitive and readily

available in several makes or brands, or is relatively

non-competitive;

b. Information obtained in making recent purchases of

same or similar item;

c. The urgency of the proposed purchase;

d. The dollar value of the proposed purchase;

Procurement Policy

e. Past experience concerning specific dealer’s prices.

5. Notification to unsuccessful suppliers shall be given only if

requested.

D. DATA TO SUPPORT SMALL PURCHASES ($10,000 - $250,000)

ts The determination that a proposed price is reasonable

should be based on competitive quotations. If only one

response is received, or the price variance between multiple

responses reflects lack of adequate competition, a statement

shall be included with the purchase order request giving the

basis of the determination of fair and reasonable price. No

cost/price analysis is required.

2. If only one source is solicited, an additional notation shall be

made to explain the absence of competition, except for

acquisition of utility services available from only one source

or of educational services from nonprofit institutions.

3: Written records of solicitations may be limited to notes or

abstracts to show prices, delivery, references to printed price

lists used, the vendor or vendors contacted, and other

pertinent data. Written solicitations on a company

letterhead, or with an official estimate document, is a best

practice. A hand written estimate should be signed and

dated for it to be considered. Oral quotes may only be used

for budget considerations, as was referenced in section C-3

of this policy.

4. The Grants Management Department shall retain the data

supporting small purchases in a vendor file to the minimum

extent and duration necessary for management review

purposes. This information should be uploaded to the

Grants Management program for data retention purposes.

E. SMALL CONTRACT PROCEDURES ($10,000 to $250,000)

1. General. Any procurement via contract for the purchase of

supplies, materials, tangible goods, or services not

exceeding $250,000 may be conducted in accordance with

the procedures authorized in this Section. Contract

requirements shall not be artificially divided so as to

constitute a small purchase under this policy. Common for

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purchases of property or services using small purchase

methods, but price or rate quotes are required from an

adequate number of sources.

Indian Preference. BMIC shall provide preference to Indianowned (including Indian management of a company)

economic enterprises and Indian organizations. BMIC will

insist contractors provide Indian preference in

subcontracting, training, and employment.

Obtaining Quotes. BMIC shall solicit price quotations by

telephone, letter, or other informal procedure that allows

participation by a reasonable number of competitive sources.

When soliciting quotations, BMIC shall inform the sources

solicited of the specific item being procured, the time by

which quotations must be submitted, and the information

required to be submitted with each quotation. The quotation

will be written and shall include the names, addresses,

and/or telephone numbers of the offerors, and the date and

amount of the quotation.

Competition. BMIC shall attempt to obtain quotations from

a minimum of three qualified sources and document the

procurement file with a justification whenever it has been

unable to obtain at least three quotations. Solicitation of

fewer than three sources is acceptable, if BMIC has

attempted but has been unable to obtain at least three

quotations. The sole quotation received may be accepted

only in unusual circumstances (such as an emergency

threatening public health and safety).

Award.

a. Award Based on Price. For small purchases awarded

based on price and fixed specifications (i.e., not

subject to negotiation), BMIC shall make award to the

qualified Indian-owned (including Indian management

of a company) economic enterprise or organization

with the lowest responsive quotation if it is reasonable

and no more than 5% higher than the lowest

responsive quotation received. If no responsive

quotation from a qualified Indian-owned (including

Indian management of a company) economic

enterprise or organization received is within 5% of the

lowest responsive quotation from any qualified

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F.

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source, then award shall be made to the source with

the lowest quotation.

b. Award Based on Factors Other Than Price. For small

purchases to be awarded based on factors other than

price, formal solicitation (request for proposals or

request for quotations) shall be issued, including

evaluation factors and rating system to evaluate each

proposal or quotation. The solicitation shall identify all

evaluation factors, including cost or price. Award

shall be made to the best proposal or quotation in

accordance with the stated rating system.

SEALED BIDS PURCHASES GREATER THAN SIMPLIFIED

ACQUISITION THRESHOLD (>$250,000)

As

BMIC

General. BMIC shall use the procurement method of

sealed bids in accordance with the applicable Federal

regulations or donor guidelines. Common for construction

projects. Formal solicitation is required, and the fixed price

(lump sum or unit price) is awarded to the responsible bidder

that conformed to all material terms and is the lowest in

price.

Conditions for Use. Contracts shall be awarded based on

competitive sealed bidding if the following conditions are

present: a complete, adequate, and realistic specification or

purchase description is available; two or more responsible

bidders are willing and able to compete effectively for the

work; the procurement lends itself to a firm fixed price

contract; and the selection of the successful bidder can be

made principally on the basis of price. Sealed bidding is the

preferred method for construction procurement. For

professional service contracts, sealed bidding should not be

used. Professional service contracts will follow the small

contract procedures contained in §IIl.E, above.

Solicitation and Receipt of Bids.

a. Issuance and Amendment. An invitation for bids shall

be issued including specifications and all contractual

terms and conditions applicable to the procurement.

Any amendments to the invitation shall be in writing,

and if it is necessary to issue an amendment within

seven days of the bid opening, the bid opening shall

be postponed until at least seven days after the

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issuance of the amendment. The invitation for bids

shall state the time and place for both the receipt of

bids and the public bid opening. All bids received

shall be time-stamped but not opened and shall be

stored in a secure place until bid opening. A bidder

may withdraw its bid at any time prior to bid opening.

b. Restricting Solicitations. The invitation may be

restricted to qualified Indian-owned (including Indian

management of a company) economic enterprises

and Indian organizations if BMIC has a reasonable

expectation of receiving the minimum number of bids

from them. BMIC shall solicit bids from non-Indian as

well as Indian-owned (including Indian management

of a company) economic enterprises and Indian

organizations if BMIC decides not to restrict the

solicitation; or, an insufficient number of qualified

Indian-owned (including Indian management of a

company) economic enterprises or organizations

submit responsive bids in response to a solicitation;

or, a single bid is not accepted.

4. Bid-Opening. Bids shall be opened publicly and in the

presence of at least one witness. An abstract of bids shall

be recorded and bids shall be available for public inspection.

5. Award. Award shall be made as provided in the invitation for

bids by written notice to the successful bidder, as follows:

a. Restricted Solicitations. If the solicitation is restricted

to Indian-owned (including Indian management of a

company) economic enterprises and organizations,

and two or more (or a greater number determined by

BMIC as stated in the invitation) qualified Indianowned (including Indian management of a company)

economic enterprises or organizations submit

responsive bids, award shall be made to the qualified

enterprise or organization with the lowest responsive

bid. If equal low bids are received, award shall be

made by drawing lots or similar random method,

unless otherwise provided in Tribal or local law. If

fewer than the minimum number of qualified Indianowned (including Indian management of a company)

economic enterprises or organizations submit

responsive bids, all bids shall be rejected, and BMIC

shall cancel the solicitation and re-solicit, inviting bids

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6.

BMIC

from non-Indian as well as Indian-owned (including

Indian management of a company) economic

enterprises and organizations. BMIC may accept a

single bid received from a responsible bidder, subject

to funding agency approval, in unusual

circumstances, such as if BMIC determines that,

based on a cost or price analysis, the bid price is fair

and reasonable, or BMIC determines that the delay of

re-soliciting would subject the project to higher

construction costs.

Unrestricted Solicitations. If the solicitation is not

restricted to Indian-owned (including Indian

management of a company) economic enterprises

and organizations, award shall be made to the

qualified Indian-owned (including Indian management

of a company) economic enterprise or organization

with the lowest responsive bid, whose bid is not 5%

more than the lowest responsive bid and within the

maximum total contract price established for the

specific project or activity being solicited. If equal low

bids are received from qualified Indian-owned

(including Indian management of a company)

economic enterprise or organizations, award shall be

made by drawing lots or similar random method,

unless otherwise provided in Tribal or local law. If no

responsive bid by a qualified Indian-owned (including

Indian management of a company) economic

enterprise or organization is within this range, award

shall be made to the lowest responsible, responsive

bidder.

Mistakes in Bids.

a.

Correction or withdrawal of inadvertently erroneous

bids may be permitted, where appropriate, before bid

opening by written or telegraphic notice received in

the office designated in the invitation for bids prior to

the time set for bid opening. After bid opening,

corrections in bids shall be permitted only if the bidder

can show by clear and convincing evidence that a

mistake of a non-judgmental character was made, the

nature of the mistake, and the bid price actually

intended. A low bidder alleging a non-judgmental

mistake may be permitted to withdraw its bid if the

mistake is clearly evident on the face of the bid

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document but the intended bid is unclear or the bidder

submits convincing evidence that a mistake was

made.

b. All decisions to allow correction or withdrawal of bid

mistakes shall be supported by a written

determination signed by the Tribal Manager. After bid

opening, no changes in bid prices or other provisions

of bids prejudicial to the interest of BMIC or fair

competition shall be permitted.

G. COMPETITIVE PROPOSALS PURCHASES GREATER THAN

SIMPLIFIED ACQUISITION THRESHOLD (>$250,000)

1. General. BMIC shall use the procurement method of

Competitive Proposals in accordance with the applicable

Federal regulations (2 CFR §200) or donor guidelines.

This requires formal solicitation, fixed-price, or costreimbursement contracts, and is used when sealed bids

are not appropriate. The contract should be awarded

based on the most advantageous to the program, with

the price being one of the various factors.

2. Conditions for Use. Procurements shall be conducted

competitively to the maximum extent possible.

Procurement for competitive proposals may be used,

regardless of contract amount, upon determination that:

a. Specifications cannot be made specific enough to

permit the award of a bid on the basis of either the

lowest bid or the lowest evaluated bid price (i.e.,

bidding is not feasible) and,

b. The services to be procured are professional in

nature.

3. Solicitation of Competitive Proposals

a. Proposals will be solicited through newspaper

advertisement; additionally, a Request for Proposal

(RFP) may be prepared and mailed to qualified

vendors. The newspaper advertisement must be

published at least seven (7) days and not more than

twenty-one (21) days before the date for receipt of the

proposals. The RFP will describe the services

needed and identify factors to be considered in the

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evaluation of proposals and the relative weights

assigned to each selection factor. The RFP will also

state where further details regarding the RFP may be

obtained. The RFP will call attention to the same

regulations discussed in the bidding process.

Requests for proposals will always include cost as a

selection factor.

b. Award must be made to the offeror whose proposal is

determined in writing by the BMIC to be the most

advantageous to BMIC. Evaluations must be based

on factors set forth in the RFP and a written

evaluation of each response prepared. The Tribal

Manager may contact the firms regarding their

proposals for the purpose of clarification and record in

writing the name of the clarification. If it is determined

that no acceptable proposal has been submitted, all

proposals may be rejected. New proposals may be

solicited on the same or revised terms or the

procurement may be abandoned.

c. For the procurement of certain professional services,

an alternative to RFP’s may be used. BMIC may

publish a Request for Qualifications. RFQ’s are

handled in a similar method to RFP’s with the

exception that cost is not a factor in the initial

evaluation. The Tribal Manager will evaluate the

responses and rank them by comparative

qualifications. The highest scoring person or firm will

be contacted and selected person/firm will negotiate

the cost. If the Tribal Manager is unable to negotiate

a satisfactory cost arrangement, the second highest

scoring person or firm will be invited to negotiate. The

Tribal Manager will maintain a written record of all

such negotiations. BMIC may request the proposed

cost of the services to be included with the

submission of the RFQ. This information should be

sealed until the RFQ submissions are considered.

4. Justification. Each procurement based on competitive

proposals shall be supported by a written justification

signed by the Tribal Manager for using such procedures.

H. NONCOMPETITIVE PROPOSALS

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1. Conditions for Use. Procurements shall be conducted

competitively to the maximum extent possible.

Procurement by noncompetitive proposals may be

used only when the award of a contract is not feasible

using small purchase procedures or sealed bids, and

one of the following applies:

a. An emergency exists that seriously threatens

public health, welfare, or safety, or endangers

property, or would otherwise cause serious

injury to BMIC, as may arise by reason of a

flood, earthquake, epidemic, riot, equipment

failure, or similar event. In such cases, there

must be an immediate and serious need for

supplies, services, or construction such that

the need cannot be met through any other

procurement methods, and the emergency

procurement shall be limited to those supplies,

services, or construction necessary to meet the

emergency; or

b. Only one source of supplies is available, and

the Tribal Manager so certifies in writing; or

Cc. After solicitation of a number of sources,

competition is determined inadequate; or

d. A funding agency specifically authorizes the

use of noncompetitive proposals.

2. Justification. Each procurement based on

noncompetitive proposals shall be supported by a

written justification signed by the Tribal Manager for

using such procedures.

I. CANCELLATION OF SOLICITATIONS

1. An invitation for bids, request for proposals, or other

solicitation may be canceled before offers are due if: (a)

BMIC no longer requires the supplies, services or

construction; or, (b) BMIC can no longer reasonably expect

to fund the procurement; or, (c) proposed amendments to

the solicitation would be of such magnitude that a new

solicitation would be desirable; or (d) similar reasons.

2. A solicitation may be canceled and all bids or proposals that

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have already been received may be rejected if: (a) the

supplies, services, or construction are no longer required; or

(b) ambiguous or otherwise inadequate specifications were

part of the solicitation; or, (c) the solicitation did not provide

for consideration of all factors of significance to BMIC; or, (d)

prices exceed available funds and it would not be

appropriate to adjust quantities to come within available

funds; or, (e) there is reason to believe that bids or proposals

may not have been independently arrived at in open

competition, may have been collusive, or may have been

submitted in bad faith; or, (f) for good cause of a similar

nature when it is in the best interest of BMIC.

The reasons for cancellations shall be documented in the

procurement file and the reasons for cancellations and/or

rejection shall be provided upon request to any offeror

solicited.

A notice of cancellation shall be sent to all offerors solicited

and, if appropriate, shall explain that they will be given an

opportunity to compete on any re-solicitation or future

procurement of similar items.

For solicitations that are not restricted to Indian-owned

(including Indian management of a company)

economic enterprises or Indian organizations, if all otherwise

acceptable bids received in response to an invitation for bids

are at unreasonable prices, or only one bid is received and

and the price is unreasonable, BMIC shall cancel the

solicitation and either:

a. re-solicit using a request for proposals; or

b. by using noncompetitive proposals method; provided,

that the Tribal Manager determines in writing that

such action is appropriate, that all bidders are

informed of BMIC’s intent to negotiate, and that each

responsible bidder is given a reasonable opportunity

to negotiate.

COOPERATIVE PURCHASING

BMIC may enter into local intergovernmental agreements to

purchase or use common goods and services. The decision to use

an intergovernmental agreement or conduct a direct procurement

shall be based on economy and efficiency. If used, the

BMIC Procurement Policy

intergovernmental agreement shall stipulate who is authorized to

purchase on behalf of the participating parties and shall specify

inspection, acceptance, termination, payment, and other relevant

terms and conditions.

IV. CONTRACTOR QUALIFICATIONS AND DUTIES

A.

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CONTRACTOR RESPONSIBILITY

Procurements shall be conducted only with responsible contractors,

i.e., those who have the technical and financial competence to

perform and who have a satisfactory record of integrity.

Before awarding a contract, BMIC shall review the proposed

contractor’s ability to perform the contract successfully, considering

factors such as the contractor's integrity (including a review of the

List of Parties Excluded from Federal Procurement and

Nonprocurement Programs published by the U.S. General Services

Administration), compliance with public policy, record of past

performance (including contacting previous clients of the

contractor), and financial, administrative, and technical capability to

perform contract work of the size and type involved and within the

time provided under the contract.

If a prospective contractor is found to be nonresponsible, a written

determination of nonresponsibility shall be prepared and included in

the procurement file, and the prospective contractor shall be

advised of the reasons for the determination.

DEBARMENT AND SUSPENSION

No contract shall be made to parties listed on the government-wide

exclusions in the System for Award Management (SAM), in

accordance with the OMB guidelines at 2 CFR 180 that implement

Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and

12689 (3 CFR part 1989 Comp., p. 235), “Debarment and

Suspension.” SAM Exclusions contains the names of parties

debarred, suspended, or otherwise excluded by agencies, as well

as parties declared ineligible under statutory or regulatory authority

other than Executive Order 12549.

BONDING REQUIREMENTS GREATER THAN SIMPLIFIED

ACQUISITION THRESHOLD (>$250,000)

BMIC Procurement Policy

V.

14

For construction or facility improvement contracts or subcontracts

exceeding $250,000, BMIC shall require assurance of performance

and payment. Acceptable forms of assurance include:

1. A bid guarantee from each bidder equivalent to five percent

of the bid price. The “bid guarantee” shall consist of a firm

commitment such as a bid bond, certified check, or other

negotiable instrument accompanying a bid as assurance that

the bidder shall, upon acceptance of this bid, execute such

contractual documents as may be required within the time

specified.

2. A performance bond on the part of the contractor for 100

percent of the contract price. A “performance bond” is one

executed in connection with a contract to secure fulfillment of

all the contractor’s obligations under such contract.

3. A payment bond on the part of the contractor for 100 percent

of the contract price. A “payment bond” is one executed in

connection with a contract to assure payment as required by

statute of all persons supplying labor and material in the

execution of the work provided for in the contract.

4. Where bonds are required in the situations described herein,

the bonds shall be obtained from companies holding

certificates of authority as acceptable sureties pursuant to 31

CFR part 223, “Surety Companies Doing Business with the

United States.”

TYPES OF CONTRACTS, CLAUSES, AND CONTRACT ADMINISTRATION

A.

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CONTRACT TYPES

Any type of contract (pricing arrangement) which is appropriate to

the procurement and which will promote the best interests of BMIC

may be used, provided that the cost-plus-a-percentage-of cost and

percentage of construction costs methods are prohibited. All

procurements shall include the clauses and provisions necessary to

define the rights and responsibilities of the parties.

OPTIONS

Options for additional quantities or performance periods may be

included in contracts, provided that: (1) the option is contained in

the solicitation; (2) the option is a unilateral right of BMIC; (3) the

contract states a limit on the additional quantities and the overall

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term of the contract; (4) the options may be exercised only at the

price specified in or reasonably determinable from the contract; and

(5) the options may be exercised only if determined to be more

advantageous to BMIC than conducting a new procurement.

CONTRACT CLAUSES

In addition to containing a clause for identifying the contract type,

all contracts shall include any clauses required by Federal statutes,

executive orders, and their implementing regulations, such as the

following:

1.

15.

16.

Administrative, contracted, or legal remedies in instances

where contractors violate or breach terms, and provide for

such sanctions and penalties as may be appropriate.

Termination for cause and for convenience.

Termination for default.

Equal Employment Opportunity.

Copeland “Anti-Kickback” Act.

Davis-Bacon Act.

Contract Work Hours and Safety Standards Act.

Reporting requirements.

Patent rights.

Rights in data and copyrights.

Examination of records by Comptroller General.

Retention of records as required by the funding agency.

Clear Air Act and the Federal Water Pollution Control Act.

Energy efficient standards.

Bid protests and contract claims.

Value engineering.

BMIC Procurement Policy

17. Byrd Anti-Lobbying Amendment.

18. | Payment of funds to influence certain federal transactions.

19. Rights to Inventions made under a Contract or Agreement.

If all required clauses are not included on the contract form, then BMIC

shall attach any additional clauses to the contract forms used in contract

documents.

D.

CONTRACT ADMINISTRATION

A system for contract administration shall be maintained to ensure

contractor conformance with the terms, conditions and

specifications of the contract and to ensure adequate and timely

follow up of all purchases.

VI. SPECIFICATIONS

A.

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GENERAL

All specifications shall be drafted so as to promote overall economy

or the purposes intended and to encourage competition in

satisfying BMIC’s needs. Specifications shall be reviewed prior to

solicitation to ensure that they are not unduly restrictive or

represent unnecessary or duplication items. Detailed product

specifications shall be avoided whenever possible, except if BMIC

is attempting to standardize equipment for maintenance ease

and/or inventory convenience. Consideration shall be given to

consolidating or breaking out procurements to obtain a more

economical purchase.

LIMITATIONS

The following specification limitations shall be avoided: geographic

restrictions not mandated or encouraged by applicable Federal law

(except for architect-engineer contracts, which may include

geographic location as a selection factor if adequate competition is

available); unnecessary bonding or experience requirements; brand

name specifications (unless a written determination is made that

only the identified item will satisfy BMIC’s needs); brand name or

equal specifications (unless they list the minimum essential

characteristics and standards to which the item must conform to

BMIC Procurement Policy

satisfy its intended use). Nothing in this procurement policy shall

preempt any Tribal or local licensing laws.

Vil. APPEALS AND REMEDIES

A.

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GENERAL

It is BMIC’s policy to resolve all contractual issues informally,

without litigation. If disputes are unable to be resolved, they shall

be subject to suit.

BID PROTESTS

Any actual or prospective contractor may protest the solicitation or

award of a contract for serious violations of the principles of this

Policy. Any protest against a solicitation must be received within

ten (10) calendar days after contract award, or the protest will not

be considered. All bid protests shall be in writing, submitted to the

Tribal Manager or designee, who shall issue a written decision on

the matter. The Tribal Manager may, at his or her discretion,

suspend the procurement pending resolution of the protest, if

warranted by the facts presented.

CONTRACT CLAIMS

All claims by a contractor relating to the performance of a contract

shall be submitted in writing to the Tribal Manager or designee for a

written decision. The contractor may request a conference on the

claim. The Tribal Manager's decision shall inform the contractor of

its appeal rights.

PROTESTS INVOLVING INDIAN PREFERENCE

Complaints arising out of any of the methods of providing for Indian

preference shall be handled in accordance with these procedures.

Each complaint shall be in writing, signed, and filed with BMIC. A

complaint must be filed with BMIC no later than 20 calendar days

from the date of the action (or omission) upon which the complaint

is based. Upon receipt of a complaint, BMIC shall promptly stamp

the date and time of the receipt upon complaint, and immediately

acknowledge its receipt. Within 20 calendar days of receipt of a

complaint, BMIC shall either meet, or communicate by mail or

telephone, with the complainant in an effort to resolve the matter.

The Tribal Manager shall make a determination on a complaint and

notify the complainant, in writing, within 30 calendar days of the

submittal of the complaint to BMIC. If the protest is still unresolved,

BMIC Procurement Policy

the complainant may, within 20 days, appeal in writing to the

Executive Director. The Board shall review the written record of the

case and may, where warranted, meet at the next regular or call a

special board meeting to consider the complaint and render a

decision. A final decision by the Executive Director will be

determined by a majority vote with a quorum present. The decision

of the Executive Director of BMIC shall constitute final

administrative action on the complaint.

Vill. ETHICS INPUBLIC CONTRACTING

A.

GENERAL

BMIC shall adhere to the following code of conduct, consistent with

applicable Tribal or local law.

CONFLICT OF INTEREST

No employee, officer or agent of BMIC shall participate directly or

indirectly in the selection of, or in the award of, or administration of

any contract supported by Federal funds if a conflict, real or

apparent, would be involved. Such conflict would arise when a

financial or other interest in a firm selected for award is held by:

1. an employee, officer, or agent involved in making the award;

2: his/her relative (including father, mother, son, daughter,

brother, sister)

3. his/her partner; or,

4. an organization which employs, is negotiating to employ, or

has an arrangement concerning prospective employment of

any of the above.

As BMIC is a federally recognized Indian Tribe written standards for

organizational conflicts of interest are not required.

GRATUITIES

No Council Member, employee, or agent of BMIC will solicit or

accept gratuities, favors, or anything of monetary value from

contractors or parties to subcontractors.

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1. However, BMIC may set standards for situations in which the

financial interest is not substantial or the gift is an unsolicited

item of nominal value.

2. Any employee or agent found accepting gratuities or favors from

a contractor or subcontractor will be terminated from

employment. Any Council member found accepting gratuities or

favors from a contract or subcontractor will be up for a recall

vote for removal from office.

The above Policy was adopted at a meeting of the Executive Council held on the

_/3@day of August, 2018, by a vote of _3 in favor, 0 opposed, _/ absent,

and _1 abstaining. As per the provisions of the Bay Mills Constitution, the

President must abstain except in event of a tie.

a ’

foy_®&. _—— _

Brian P. Kinney

Secretary

Executive Council

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