# Confederated Tribes of the Colville Reservation > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Aconfederated_colville%3A91c3023b3d4a91ad ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text Confederated Tribes of the Colville Reservation TRIBAL EMPLOYMENT RIGHTS OFFICE Post Office Box 150 - Nespelem, Washington 99155-0150 Office: (509) 634-2716 Fax: (509) 634-2740 E-mail Address: Roberta.bearcub@colvilletribes.com FY2026 10/01/2025 - 9/30/2026 ~ COMPLIANCE ann UTILIZATION PLAN ~ CONTRACTORS / SUBCONTRACTORS SUPPLIES / SERVICES TITLE 10-1-15 SUBMISSION OF COMPLIANCE PLAN ~ (a) Contractors: Each contractor or subcontractor intending to engage in business activity on the Reservation or on lands owned by the Tribes, prior to the time it commences work, must submit a contracting, subcontracting, employment, and/or training plan to the TERO. Contractors or subcontractors shall not commence or continue work until an acceptable plan for implementing their obligations under this Chapter has been approved by the TERO. (March 2014 Version of Chapter 10- 1) PROJECT NAME / CONTRACT NUMBER: SITE LOCATION: AWARDING AGENCY / CONTRACTING OFFICER: PHONE: PRIME CONTRACTOR: PHONE: MAILING ADDRESS (Street/ P.O. Box, City, State, & Zip): MAILING ADDRESS (Street / P.O. Box, City, State, & Zip): SUBCONTRACTOR: PHONE: COMPANY REPRESENTATIVE (Last, First, M.f..):. PHONE: MAILING ADDRESS (Street / P.O. Box, City, State, & Zip): Title 10 and/or Indian-Owned State or Other Industrial Insurance YES NO YES NO O C CO) C Tribal Affiliation SCOPE OF WORK TO BE PERFORMED: TITLE 10-1-26 EMPLOYMENT RIGHTS FEE: An Employment Rights Fee, to help defer the cost of regulating and providing services under this Chapter, will be assessed on all covered employers, including all contractors, sub-contractors and reservation-based employers as follows: (Amended 3/6/14, Resolution 2014-114)(Certified 3/18/14) (a) Contract Fees: The TERO shall assess a Contract Fee equal to 5% of the total gross contract price, on all contracts in the sum of $5,000.00 or more where the majority of the work under the contract is to be performed within the Reservation or lands owned by the Tribes. The Contract Fee shall be assessed on the entity receiving the contract award. Where a construction or other type of contract involves subcontracting, the entity acting as prime contractor or awarding the subcontracts shall be responsible for paying the Contract Fee, including those attributable to the subcontractors. The Contract Fee shall be due in full prior to commencement of any work under the contract. However, where good cause is shown, the Director may authorize a covered employer to pay the Contract Fee in installments over the course of the contract. (Amended 9/18/08, Resolution 2008-719) (Amended 5/10/10, Resolution 2010-303) (Amended 3/6/14, Resolution 2014-114)(Certified 3/18/14) PROJECTED GROSS CONTRACT AMOUNT: TERO ADMINISTRATIVE FEE: (Lump Sum Payment) START DATE: $ $ ~ NOTICE TO PROCEED ~ This Compliance and Utilization Plan has been reviewed and found to be fully acceptable on behalf of the TERO Commission and the Tribal Employment Rights Office, and has thus been granted this notice to proceed; dated this Day of , 2025/2026 By signing this document, the covered employer agrees to maintain compliance with CTC, Title 10, and ALL rules and regulations of the TERO and the TERO Commission. X X CONTRACTOR’S SIGNATURE DATE [-] Approve [_] Disapprove TERO Director or Compliance Officer Signature Date NOTED AMENDMENTS: ~ KEY PERSONNEL CLEARANCE REQUEST FOR TERO APPROVAL ~ TITLE 10-1-17 HIRING: (c) Permanent and Key Employees: All covered employers, reservation -based employers, and their contractors and subcontractors shall identify permanent and key employees in their compliance and utilization plan. (1) Permanent employees of Covered Employers may continue to be employed for work on the Reservation or lands owned by the Tribes whether or not they are Indian preference eligible. A permanent cmployce is one who is and has been on the employer or contractor’s annual payroll for a period of at least one (1) year continuously, or is an owner of the firm. An employee who is hired on a project-by-project basis shall not be considered a permanent employee, but shall be considered a part-time employee. (2) A key employee is one who is in a top supervisory position or performs a critical function such that an employer would risk likely financial damage or loss if that task were assigned to a person unknown to the employer. Key employees who are employed prior to the awarding of the contract may be employed for work on the Reservation or lands owned by the Tribes whether or not they are Indian preference eligible. (Amended 3/6/14, Resolution 2014-114)(Certified 3/18/14) ~ ALL T.E.R.O. APPROVED NON- INDIAN PREFERENCE EMPLOYEES, SO DESIGNATED FOR EMPLOYMENT ON THIS CONTRACT / PROJECT SHALL BE COMPELLED TO SUBMIT FOR T.E.R.O. APPROVAL PRIOR TO ANY FURTHER EMPLOYMENT ACTIVITIES BEYOND THE SCOPE OF THIS COMPLIANCE & UTILIZATION PLAN ~ *PROJECT SUPERVISOR (Last, First, M.1.): YEARS WITH COMPANY: TRIBAL AFFILIATION & ENROLLMENT NUMBER: *FOREMAN (Last, First, M.1.): YEARS WITH COMPANY: TRIBAL AFFILIATION & ENROLLMENT NUMBER: ~ STAFFING AND /OR WORKFORCE REQUEST TO T.E.R.O. ~ A fifty-one percent (51%) minimum of the seasonal, temporary, or project-by-project employees must be Indian preference in origin. This is a minimum requirement criteria; should the T.E.R.O. avail to the contractor QUALIEIED Indian preference employees, then up to, and including, one-hundred percent (100%) of this workforce is expected to be hired. To complete the contract commitments to the Equal Employment Opportunity Commission (E.E.0.C.); the following information is to be provided by your firm. Provide specific requirement(s) for the Indian preference employees to be provided by the T.E.R.O. hiring hall. ~ IF INDIAN PREFERENCE EMPLOYEE PREFERRED FOR HIRE OR RECALL; PROVIDE NAME, WAGE AND POSITION ~ OCCUPATION NAME OR NUMBER OF TRIBAL AFFILIATION: OR CLASSIFICATION: TRIBAL PERSONNEL REQUESTED: START DATE HOURLY WAGE SCALE: & ENROLLMENT NUMBER Fl ALA LALA L AL ALA! Al! Bl SHS Hl AL Hi! AIlLF!| we! oS ~ PROJECT SUBCONTRACTORS LIST SUBMITTED FOR T.E.R.O. APPROVAL ~ TITLE 10-1-15 SUBMISSION OF COMPLIANCE PLAN: (a) Contractors: (2) Contracting and Subcontracting Plan: A required contracting and subcontracting plan shall indicate all contracts and subcontracts that will be entered into and the projected dollar amounts thereof. If the entity has already selected a contractor or subcontractor to perform any contract or subcontract work, it shall list the name of that contractor or subcontractor and indicate whether or not it is a contractor or subcontractor certified as Indian preference eligible by the TERO. Ifthe contractor or subcontractor is not certified as Indian preference eligible, the entity shall further indicate why each certified contractor or subcontractor, if any, registered with the TERO, that was technically qualified to perform the work was not selected. The plan shall also indicate how the entity intends to comply with the contracting and subcontracting provisions of this Chapter when awarding all contracts and subcontracts not yet awarded at the time the plan is submitted. (Amended 3/6/14, Resolution 2014-114)(Certified 3/18/14) TITLE 10-3-7 INDIAN PREFERENCE IN THE AWARD OF CONTRACTS AND SUBCONTRACTS: This section should be reviewed in its entirety as it is very comprehensive in the legal definition outlining the requirements as obligated by the entity in the award process for any and all subcontracting to be performed on this project. TITLE 10-1-28 RESPONSIBILITY FOR EVALUATING TECHNICAL QUALIFICATIONS AND REASONABLE PRICE: (a) Technical Qualifications: The entity and its contractors and subcontractors shall have the discretion to determine technical qualifications. TERO shall be provided notice of any pre- construction meetings to assist in compliance. However, if the entity determines that there are no certified firms that are technically qualified, the Director may require the entity to provide to each certified firm it rejects a description, in writing, of areas in which it believes the firm is weak and steps it could take to upgrade its qualifications. If a certificd firm that was disqualified on the grounds of technical qualifications believes that the disqualification was the result of an improper effort by an cntity, contractor, or subcontractor, to circumvent its preference responsibilities under this Chapter, it may file a complaint with the TERO under the provisions of section 10-1-31. (Amended 3/6/14, Resolution 2014- 114)(Certified 3/18/14) (b) Reasonable Price: An entity may use any process it so chooses for determining what constitutes a reasonable price including, but not limited to, competitive bidding (open or closed), or the establishment of a prototype cost ceiling before bidding commences. No entity may reject a certified finn and then contract with a non-certified firm at the same or higher price. Any contract modification in price that is justified is not a circumvention of this section, Any entity found to have violated this requirement by such circumvention shall be liable for treble damages for any losses suffered by a certified firm as a result of the entity’s actions. ~ EACH CONTRACTOR SHALL REVIEW THE TITLE 10 CERTIFIED LIST IN AN EFFORT TO EFFECTIVELY ADMINISTER TO INDIAN PREFERENCE IN CONTRACTING AND SUBCONTRACTING ~ Allsubcontractors, are subject, and shall administer to the same Compliance & Utilization requirements as well as the Indian preference in hiring obligations as they are so recognized by the prime contractor on this Compliance & Utilization. COMPANY NAME AND ADDRESS: COMPANY REPRESENTATIVE: PHONE NUMBER: FAX NUMBER: SUBCONTRACT AMOUNT: SCOPE OF WORK: START DATE: $ COMPANY NAME AND ADDRESS: COMPANY REPRESENTATIVE: PHONE NUMBER: FAX NUMBER: SUBCONTRACT AMOUNT: SCOPE OF WORK: START DATE: $ COMPANY NAME AND ADDRESS: COMPANY REPRESENTATIVE: PHONE NUMBER: FAX NUMBER: SUBCONTRACT AMOUNT: SCOPE OF WORK: START DATE: $ COMPANY NAME AND ADDRESS: COMPANY REPRESENTATIVE: PHONE NUMBER: FAX NUMBER: SUBCONTRACT AMOUNT: SCOPE OF WORK: START DATE: $ COMPANY NAME AND ADDRESS: COMPANY REPRESENTATIVE: PHONE NUMBER: FAX NUMBER: SUBCONTRACT AMOUNT: SCOPE OF WORK: START DATE: $ COMPANY NAME AND ADDRESS: COMPANY REPRESENTATIVE: PHONE NUMBER: FAX NUMBER: SUBCONTRACT AMOUNT: SCOPE OF WORK: START DATE: $ COMPANY NAME AND ADDRESS: COMPANY REPRESENTATIVE: PHONE NUMBER: FAX NUMBER: SUBCONTRACT AMOUNT: SCOPE OF WORK: START DATE: $ COMPANY NAME AND ADDRESS: COMPANY REPRESENTATIVE: PHONE NUMBER: FAX NUMBER: SUBCONTRACT AMOUNT: SCOPE OF WORK: START DATE: $ COMPANY NAME AND ADDRESS: COMPANY REPRESENTATIVE: PHONE NUMBER: FAX NUMBER: SUBCONTRACT AMOUNT: SCOPE OF WORK: START DATE: $ TOTAL SUBCONTRACTING DOLLAR AMOUNT: $ TOTAL INDIAN PREFERENCE SUBCONTRACTING DOLLAR AMOUNT: s NOTE: The 5% TERO fee shall not be assessed on an Indian-owned firm that is certified under the Title 10 and owned by a Colville Tribal Member. TITLE 10-1-18 TRAINING: (a) As part of a compliance and utilization plan, or pursuant to requests or orders from the Director to help bring an employer into compliance with the provisions or goals of this Chapter, TERO may require covered employers to participate in training programs to assist Indian preference eligible individuals to become qualificd in the various job classifications used by the employcr. Employers engaged in construction shall participate in the Tribes’ Apprenticeship Training, Employer and Labor Services (ATELS) certified training program or a union apprenticeship program, the Tribes shall make a best effort to share the costs of such training programs but employers may also be required to share part or all of the cost. Employers with collective bargaining agreements with unions may use apprenticeship programs, so long as they obtain agreement from the unions to use only Indian preference applicant as apprentices on the project. If no Indian preference apprentices are available, unions shall make available apprenticeship positions for Indian preference applicants. (b) Both the Tribes and the employer shall share the responsibility and cost of providing cultural synergy training for employers and employecs. Employers may be required to integrate culturally appropriate employee assistance programs as necessary for the employer to retain Indian preference eligible employees. The Director and covered employers may agree to initiate specialized programs designed to optimize opportunities for Indian preference individuals. (Amended 2/5/04, Resolution 2004-94) (Certified 2/9/04) ~ The Colville Confederated Tribe’s Employment and Training Center have Project 477 Federal funding available to administer to the employment, education, skill training, child care, and other related social services to be effected under a single plan. The amount of coverage available is directly contingent upon funds available ~ ~ REQUEST FOR RENTAL EQUIPMENT ~ An Indian preference policy on ALL rental equipment will be maintained where applicable. ALL Indian preference rental bids will be considered acceptable if the qualified supplier is within the controllable estimate. The controllable estimate shall be derived from the obtaining of three (3) at random bids procured from independent suppliers with computation of these bids to equate out to an average. The TERO maintains a list of Title 10 Certified rental equipment that is available to assist you with the timely completion of your project. EQUIPMENT REQUESTED: CONTRACTOR / SUBCONTRACTOR: QUANTITY: ~ REQUEST FOR PRODUCTS OR SUPPLIES ~ An Indian preference policy on ALL products and supplies will be maintained where applicable. (Buy Indian Policy) ALL “Buy Indian Products” will be considered acceptable if the qualified supplier is within the controllable estimate. The controllable estimate shall be derived from the obtaining of three (3) random bids procured from independent suppliers with computation of these bids to equate out to an average. The TERO maintains a list of Indian-owned suppliers, vendors, manufacturing, repair and maintenance firms that shall be utilized at every opportunity by the contractor / subcontractor during the administration of this contract and all activities therein. PRODUCTS OR SUPPLIES REQUESTED: CONTRACTOR / SUBCONTRACTOR QUANTITY: ~COMMENTS ~ This space is provided for the contractor / subcontractor to express any hand written comments or concerns regarding the Title 10, the Compliance & Utilization Plan, or any of the requirements therein. Any and all comments and concerns will be so duly noted and entered into the contract file in their entire. --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aconfederated_colville%3A91c3023b3d4a91ad. Public record. Not legal advice.