ONEIDA NATION PUBLIC MEETING NOTICE (2026)

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ONEIDA NATION PUBLIC MEETING NOTICE

August 13, 2026, 12:15 pm

Find Public Meeting Materials at

Oneida-nsn.gov/government/register/public meetings

Send Public Comments to

Norbert Hill Center-Business Committee Conference Room

N7210 Seminary Rd., Oneida, Wisconsin

LOC@oneidanation.org

Ask Questions here

LOC@oneidanation.org

920-869-4417

VENDOR LICENSING LAW AMENDMENTS

The purpose of the Vendor Licensing law is to regulate and license vendors who provide goods or services

for, and do business with, the Nation and ensure the Nation’s safety, regulate compliance, minimize risk, and

protect the Nation’s assets.

The Vendor Licensing law amendments will:

Clarify it is the purpose of the law to regulate and license vendors who provide goods or services to the Nation and ensure

the Nation’s safety, regulate compliance, minimize risk, and protect the Nation’s assets; it is no longer the purpose of this

law to provide revenue for the Nation by collecting fees from vendors. [5 O.C. 506.1-1].

Clarify it is the policy of the Nation to establish a fair system for implementing and enforcing the requirements to maintain

a vendor license. [5 O.C. 506.1-2].

Clarify in the definitions the following terms: “business entity,” “certificate of insurance,” “CSRA,” “deactivate,” “DTS,”

“financial information,” “goods,” “great harm,” “licensing,” “notice,” “service,” and “technology assessment.” [5 O.C.

506.3-1(b); (c); (d); (e); (f); (g); (h); (i); (l); (n); (p); (q)].

Clarify that any record request related to vendor licensing is subject to applicable laws and rules of the Nation. [5 O.C.

506.4-2].

Clarify that in addition to services or goods provided by another federally recognized tribe or by another government, other

vendors, as identified by Licensing through standard operating procedures and published on the Nation’s website, may be

exempt from licensure [5 O.C. 506.4-3].

Clarify the requirements to complete an application for a vendor license. [5 O.C. 506.5-1].

Clarify the requirement for all applicants to submit and complete a technology risk assessment and any follow-ups or additional assessments as determined by the Nation’s Digital Technology Services Department. [5 O.C. 5-6.5-2].

Clarify that before a vendor performs any work the vendor must demonstrate appropriate

and adequate insurance coverage. [5 O.C. 506.5-4].

Clarify the Nation’s Risk Management Department is responsible for determining what constitutes appropriate and adequate insurance coverage for varying types of goods and services and making those requirements available on the Nation’s website. [5 O.C. 506.5-4(a)].

Clarify the annual and triennial requirements to maintain a vendor license. [5 O.C. 506.6].

Various grammatical changes and other minor changes throughout the law.

Individuals may attend the public meeting for the proposed Vendor Licensing law amendments in person at

the Norbert Hill Center, or virtually through Microsoft Teams. If you wish to attend the public meeting

through Microsoft Teams please contact LOC@oneidanation.org.

PUBLIC COMMENT PERIOD CLOSES AUGUST 20, 2026

During the public comment period, anyone may submit written comments, questions or input. Comments may

be submitted to the Oneida Nation Secretary’s Office or the Legislative Reference Office in person, by U.S.

mail, interoffice mail, or e-mail.

Analysis to Draft 1

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VENDOR LICENSING

LAW AMENDMENTS

LEGISLATIVE ANALYSIS

SECTION 1. EXECUTIVE SUMMARY

Analysis by the Legislative Reference Office

Intent of the

Legislation or

Amendments

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Purpose

Clarify it is the purpose of the law to regulate vendors who provide goods or

services to the Nation and ensure the Nation’s safety, regulate compliance,

minimize risk, and protect the Nation’s assets; it is no longer the purpose of

this law to provide revenue for the Nation by collecting fees from vendors. [5

O.C. 506.1-1].

Clarify it is the policy of the Nation to establish a fair system for

implementing and enforcing the requirements for maintain a vendor license.

[5 O.C. 506.1-2].

Clarify in the definitions the following terms: “business entity,” “certificate of

insurance,” “CSRA,” “deactivate,” “DTS,” “financial information,” “goods,”

“great harm,” “licensing,” “notice,” “service,” and “technology assessment.”

[5 O.C. 506.3-1(b); (c); (d);(e); (f); (g); (h); (i); (l); (n); (p); (q)].

Clarify that any record request related to vendor licensing is subject to

applicable laws and rules of the Nation. [5 O.C. 506.4-2].

Clarify that in addition to services or goods provided by another federally

recognized tribe or by another government, other vendors as identified by

Licensing through standard operating procedures and published on the

Nation’s website may be exempt from licensure [5 O.C. 506.4-3].

Clarify the requirements to complete an application. [5 O.C. 506.5-1].

Clarify the requirement for all applicants to submit and complete screening

questions and any follow-ups or additional assessments as determined by the

Nation’s Digital Technology Services Department. [5 O.C. 5-6.5-2].

Clarify that before a vendor performs any work the vendor must demonstrate

appropriate and adequate insurance coverage. [5 O.C. 506.5-4].

Clarify the Nation’s Risk Management Department is responsible for

determining what constitutes appropriate and adequate insurance coverage for

varying types of goods and services and making those requirements available

on the Nation’s website. [5 O.C. 506.5-4(a)].

Clarify the annual and triennial requirements to maintain a vendor license. [5

O.C. 506.6].

Clarify what it means to have a vendor license be deactivated or revoked. [5

O.C. 506.7].

Various grammatical changes and other minor changes throughout the law.

The purpose of this law is to regulate and license all vendors who provide goods or

services for and do business with the Oneida Nation and ensure the Nation’s safety,

Page 1 of 8

Analysis to Draft 1

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regulate compliance, minimize risk, and protect the Nation’s assets. [5 O.C. 506.11].

Affected Entities

The Oneida Nation Licensing Department (“Licensing”), the Oneida Nation

Finance Administration (“Finance”), the Oneida Nation Purchasing Department

(“Purchasing”), the Oneida Nation Law Office, the Oneida Nation Digital

Technology Services Department (“DTS”), the Oneida Nation Risk Management

Department (“Risk Management”), and any present or future vendor.

Enforcement

The Vendor Licensing law clarifies the authority of Licensing to administer

certain provisions of the law. [5 O.C. 506.4]; [5 O.C. 506.5-5]; [5 O.C. 506.6];

[5 O.C. 506.7]. This includes the authority to:

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identify vendors who are exempt from licensing requirements [5 O.C.

506.4-3];

promulgate rules to establish additional criteria for the approval and

maintenance of a vendor license [5 O.C 506.4-4];

notify all applicants of the requirements of this law [5 O.C 506.5-1];

approve or deny applications based on the requirements and criteria of

this law [5 O.C 506.5-3];

notify applicants of the approval or denial of their application for a vendor

license [5 O.C. 506.6-5];

maintain a record of licenses issued [5 O.C. 506.5-5]; and

deactivate or revoke a vendor license. [5 O.C 506.7].

The Vendor Licensing law clarifies the authority of DTS to screen all vendors

using a technology assessment and to require the vendor complete an additional

technology assessment, CSRA or both if it determines additional screening is

necessary. [5 O.C 506.5-2].

The Vendor Licensing law clarifies the authority of Risk Management to

determine what constitutes appropriate and adequate insurance coverage and to

make those requirements available on the Nation’s website. [5 O.C 506.4].

Due Process

Licensing may promulgate rules establishing additional criteria for the approval and

maintenance of a vendor license. [5 O.C. 506.4-4]. Any rule Licensing wishes to

adopt must follow the rule making requirements of the Nation’s Administrative

Rulemaking law which requires a public meeting and opportunity for public input.

[1 O.C. 106.6].

Risk Management shall publish on the Nation’s website appropriate and adequate

insurance requirements. [5 O.C. 506.5-4(a)].

Licensing shall notify an applicant of the approval or denial of their application

within twenty (20) business days. [5 O.C. 506.6-5].

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Analysis to Draft 1

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If Licensing decides to revoke a vendor, it must send notice to the vendor containing

the effective date and duration of revocation and the reason(s) for revocation. [5

O.C. 506.7-2(c)].

“Notice” means a communication from the Licensing Department to a vendor. [5

O.C. 506.3-1(n)]. To communicate the renewal and maintenance of a vendor

license, the Licensing Department will send notice by email or regular mail; to

communicate the loss of licensure, the Licensing Department will send notice by

certified mail. [Id].

The Judiciary is granted jurisdiction to hear complaints filed regarding actions taken

by Licensing pursuant to this law. [5 O.C 506.8-1].

Public Meeting

A public meeting will be scheduled to be held on August 13, 2026.

Fiscal Impact

A fiscal impact statement prepared in accordance with the Legislative Procedures

Act has not been requested.

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SECTION 2. LEGISLATIVE DEVELOPMENT

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A. Background. The Vendor Licensing law was originally adopted by the Oneida Business Committee on

February 19, 1992, through resolution BC-2-19-92-C. The law was subsequently amended by the

Oneida Business Committee on March 5, 1997, through resolution BC-3-5-97-E, on February 25, 2015,

through resolution BC-02-25-2015-C, and on October 10, 2016, through resolution BC-10-12-16-E.

The Vendor Licensing law provides guidelines for the regulation and licensing of vendors who do

business with the Nation. [5 O.C. 506.1].

B. Request for Amendments. This item was added to the Active Files List on June 19, 2024, at the request

of Ralinda Ninham-Lamberies, the Chief Financial Officer. Amendments are being sought to update

the law, specifically sections 506.1-1. 506.6, and 506.8. The sponsor of the Vendor Licensing law

amendments is Councilman Jonas Hill.

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SECTION 3. CONSULTATION AND OUTREACH

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Representatives from the following departments or entities participated in the development of the

amendments to this Law and legislative analysis:

▪ Oneida Nation Licensing Department (“Licensing”);

▪ Oneida Nation Purchasing Department (“Purchasing”);

▪ Oneida Nation Finance Administration (“Finance”);

▪ Oneida Nation Digital Technology Services Department (“DTS”);

▪ Oneida Nation Risk Management Department (“Risk Management”) and

▪ Oneida Law Office.

The following laws and policies of the Nation were reviewed in the drafting of this analysis:

▪ Independent Contractors [5 O.C 503];

▪ Indian Preference in Contracting [5 O.C. 502]; and

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SECTION 4. PROCESS

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A. The amendments to this Law comply with the process set forth in the Legislative Procedures Act.

▪ On June 19, 2024, the Legislative Operating Committee added this Law to its Active Files List

for amendments this legislative term.

▪ On June 17, 2026, the Legislative Operating Committee approved the draft of the Vendor

Licensing Law Amendments and directed the Legislative Reference Office to complete a

Legislative Analysis and public meeting packet.

B. At the time this legislative analysis was developed the following work meetings had been held

regarding the development of the amendments to this law:

▪ October 23, 2024: LOC work meeting with Purchasing, Licensing, Finance, DTS, and Risk

Management.

▪ March 3, 2025: LOC work meeting with Purchasing, Finance, Licensing, and Risk

Management.

▪ July 14, 2025: LOC work meeting with Purchasing, Finance, and Licensing.

▪ July 22, 2025: work meeting with DTS.

▪ August 19, 2025: LOC work meeting with Purchasing, Licensing, Finance, and DTS.

▪ September 2, 2025: LOC work meeting with Purchasing, Licensing, and the Oneida Law

Office.

▪ October 6, 2025: LOC work meeting with Purchasing, Licensing, Finance, and DTS.

▪ January 22, 2026: LOC work meeting with Purchasing, Licensing, DTS, and Finance.

▪ March 16, 2026: LOC work meeting with Purchasing, Licensing, Finance, Oneida Law Office.

▪ March 30, 2026: LOC work meeting with Purchasing, Licensing, Oneida Law Office, and

Risk Management.

▪ April 14, 2026: work meeting with Licensing, Purchasing, and Risk Management.

▪ June 2, 2026: work meeting with Finance, Risk Management, Purchasing, Licensing, and the

Oneida Law Office where the final draft was approved.

▪ June 3, 2026: LOC work session where the LOC discussed and approved the draft.

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SECTION 5. CONTENTS OF THE LEGISLATION

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A. Scope of the Law. The proposed amendments improve the ability of the Nation to regulate, monitor,

and enforce its relationship with vendors providing goods or services to the Nation. [5 O.C 506.1; 5

O.C. 506.4].

▪ Effect. The proposed amendments clarify the duties and responsibilities of the Nation regarding

its relationship with vendors and further clarify the responsibilities of vendors providing goods

or services to the Nation, making the vendor licensing procedures and requirements more

accessible and transparent.

B. Application Procedures. The proposed amendments clarify the requirements for all applications for a

vendor license which shall include: the application, certificate of insurance, completed DTS screening

for technology risk assessment, vendor payment authorization form, and W-9. [5 O.C. 506.5-1].

▪ Effect. The proposed amendments clarify the application requirements for all applicants

applying for a vendor license with the Nation; this amendment makes the vendor licensing

requirements more accessible and transparent.

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C. DTS Security Review. The proposed amendments clarify the requirement for all applicants for a

vendor license to complete a DTS security review, and complete additional assessments if DTS

determines additional assessments are necessary and unless the requirement for additional

assessments is waived. [5 O.C. 506.5-2; 506.5-2(a)].

▪ Effect. The proposed amendments strengthen the Nation’s ability to monitor and protect its

assets by ensuring DTS has the authority to verify the technological safety and security of any

vendor before the Nation’s begins working with that vendor. The proposed amendments also

allow DTS to continue to monitor and protect the Nation’s assets by allowing DTS to complete

a security review and any follow-up as determined necessary as part of the initial application

process and renewal. By allowing the Nation to waive any additional assessments, the

amendments further reinforce the Nation’s ability to monitor and protect its assets.

D. Licensing. The proposed amendments clarify the Licensing Department shall approve or deny an

application based on compliance with the law. [5 O.C. 505.5-3].

▪ Effect. The proposed amendments strengthen the authority of the Nation’s Licensing

Department to approve or deny any vendor applying to do business with the Nation. The

proposed amendments clarify that the Licensing Department is the department of the Nation

with the authority to approve or deny a vendor license. Even though the proposed amendments

give the ultimate authority to the Licensing Department to approve or deny a vendor license,

the proposed amendments also require input from Risk Management, DTS, and Finance which

ensures all affected departments of the Nation have the authority to review, approve, or deny a

vendor, and ultimately to protect the Nation and its assets.

E. Insurance. The proposed amendments clarify that before a vendor performs any work, the vendor must

demonstrate proof of appropriate and adequate insurance coverage. [5 O.C. 506.5-4]. The proposed

amendments further clarify the Nation’s Risk Management Department shall determine what

constitutes appropriate and adequate insurance coverage and shall make their determinations available

on the Nation’s website. [5 O.C. 506.5-4(a)].

▪ Effect. The proposed amendments ensure the Nation’s ability to protect itself and its assets by

requiring all potential vendors to demonstrate proof of appropriate and adequate insurance and

requiring the Nation’s Risk Management Department to determine what appropriate and

adequate insurance coverage will mean for potential vendors.

F. Deactivation or Revocation. The proposed amendments clarify what it will mean for a vendor license

to be deactivated. [5 O.C 506.7-1]. The proposed amendments further clarify what it will mean for a

vendor license to be revoked; including revocation for insufficient insurance and revocation for cause.

[5 O.C. 506.7-2].

▪ Effect. The proposed amendments clarify the Nation’s ability to discontinue working with a

vendor if a vendor fails to comply with the law and does not maintain their vendor license; in

which case, the Nation may deactivate the vendor license. The proposed amendments also

clarify the Nation’s ability to revoke a vendor license if the vendor fails to maintain appropriate

and adequate insurance coverage or for cause. The proposed amendments clarify and

strengthen the Nation’s ability to monitor and enforce all vendors with whom it chooses to do

business.

G. Other amendments. Overall, a variety of other amendments and revisions were made to the law to

address formatting, drafting style, and organization that did not affect the substance of the law.

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SECTION 6. EXISTING LEGISLATION

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A. Related legislation. The following laws and policy of the Nation are related to the proposed

amendments to this law:

▪ Independent Contractors Policy. The purpose of the Independent Contractors Policy is to

ensure proper classification of employees and independent contractors for federal labor and

tax law purposes; ensure the use of contract forms approved by the Oneida Law Office and

the Oneida Purchasing Department; ensure contracting with a current employee does not

create a conflict of interest or unintended tax consequences; and ensure independent

contractors have appropriate insurance coverages. [5 O.C. 503.1-1].

▪ The Independent Contractors Policy contains approval requirements, including

the requirement to obtain a vendor license subject to any requirements of the

Nation’s Vendor Licensing Law, unless the vendor is exempted. [5 O.C. 503.63].

▪ The Independent Contractors Policy also requires independent contractors to

work with the Oneida Law Office and the Oneida Purchasing Department to

execute a contract; work with the Purchasing Department to approve a purchase

order; work with the Risk Management Department to demonstrate appropriate

and adequate insurance coverage; and demonstrate appropriate tax identification

before the independent contractor begins work. [5 O.C. 503.6].

▪ The proposed amendments align with the Independent Contractors Policy by

strengthening the Nation’s ability to monitor and enforce its relationship with

independent contractors that are also subject to the requirements of the Nation’s

vendor licensing law.

▪ Indian Preference in Contracting Law. The purpose of the Indian Preference in Contracting

law is to establish an Indian Preference Office and increase economic benefits for the Nation

and members of the Nation by providing for the maximum utilization of Indian workers and

businesses on projects of the Nation which occur on or near the Reservation. [5 O.C. 502.11].

▪ The Indian Preference in Contracting law applies to all contracts to which the

Nation is a party, all subcontractors, or other entities working with, for, or on

behalf of a party to a contract. [5 O.C. 502.6-1].

▪ In order for an entity to qualify for Indian Preference, the entity must submit an

application to the Nation’s Indian Preference office and demonstrate it meets the

criteria of the Indian Preference law in order to be eligible for Indian preference in

contracting. [5 O.C. 502.5-2].

▪ The proposed amendments align with the Indian Preference in Contracting law by

strengthening the Nation’s ability to determine, monitor, and enforce the

requirements for any entity wishing to contract with the Nation.

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SECTION 7. ENFORCEMENT AND ACCOUNTABILITY

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A. The Vendor Licensing law amendments require all applicants for a vendor license to submit a complete

application containing the application, a certificate of insurance demonstrating the vendor meets the

minimum insurance requirements, a complete DTS screening for technology risk assessment, and any

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follow-up as determined necessary, a vendor payment authorization form, and a W-9. [5 O.C. 506.5; 5

O.C. 506.5-2]. The Vendor Licensing law also requires vendors to provide Licensing with an updated

certificate of insurance and completed cyber security risk assessment on an annual basis and on a

triennial basis to complete a full update of their information by providing an updated application with

all required forms. [5 O.C. 506.6].

B. The Vendor Licensing law amendments authorize the Licensing Department to deactivate or revoke a

vendor license. [5 O.C. 506.7].

▪ If a vendor falls out of compliance with the requirements of this law to maintain their vendor

license, the vendor’s license may be deactivated by Licensing. [5 O.C 506.7-1].

▪ Prior to potential deactivation, Licensing shall provide notice to a vendor of the requirements

to comply with this law to maintain their vendor license. [Id].

▪ If the vendor does not satisfactorily complete the requirements to maintain their vendor license

within the allowable timeframe, Licensing shall deactivate the vendor’s license. [Id].

▪ Revocation is a cancellation of a vendor license for cause. [5 O.C 506.7-2]. Revocation is

subject to Licensing’s discretion except that revocation is required for a failure to meet the

Nation’s insurance requirements. [Id]. A vendor that has been revoked may not conduct

business with the Nation. [Id].

▪ In order to maintain a vendor license, a vendor must maintain appropriate and adequate

insurance coverage, as determined by the Nation’s Risk Management Department. [5 O.C

506.7-2(a)]. If or when Risk Management learns that a vendor does not meet the Nation’s

insurance requirements, Risk Management shall provide the vendor with a minimum of ten

(10) business days to supply a satisfactory certificate of insurance. [Id].

▪ A vendor license may be revoked for cause as determined by Licensing upon the occurrence

of any of the following:

▪ A vendor’s actions, whether directly or indirectly related to the vendor’s agreement with

the Nation, present public health, safety, or welfare concerns to the Nation or its members.

[5 O.C 506.7-2(b)(1)].

▪ A vendor’s actions or inactions implicate poor quality of work or performance, or a lack of

sound business practice as determined by Licensing in consultation with the Oneida Law

Office and the Nation’s business unit receiving goods or services from the vendor. [5 O.C

506.7-2(b)(2)].

C. The Vendor Licensing law amendments give authority to the Nation’s Licensing Department to

promulgate rules establishing additional criteria for the approval and maintenance of a vendor license,

notify all applicants of the requirements of this law, approve or deny applications and notify applicants

of their approval or denial, maintain records of the applications for vendor licenses, maintain a record

of the statuses of vendor licenses, notify vendors if their vendor license has been deactivated, notify

vendors if there vendor license has been revoked. [5 O.C. 506.4-4; 506.5-1; 506.5-3; 506.5-5; 506.7].

D. The Vendor Licensing law amendments clarify the responsibility of all applicants for a vendor license

to complete a DTS security review. [5 O.C. 506.5-2]. A vendor may be required to complete an

additional technology assessment or cyber security risk assessment or both, if determined necessary by

DTS. [Id]. The requirement to complete an additional technology assessment or Cyber Security risk

assessment or both may be waived by DTS, Risk Management, and the Nation’s Chief Financial

Officer. [5 O.C. 506.5-2(a)].

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C. The Vendor Licensing law amendments require the Nation’s Risk Management Department to verify

appropriate and adequate insurance coverage of a vendor before the vendor begins work. [5 O.C. 506.54].

▪ The law requires Risk Management to determine what constitutes appropriate and adequate

insurance coverage for varying types of goods and services. [5 O.C. 506.5-4(a)].

▪ The law requires Risk Management to make available on the Nation’s website the minimum

insurance requirements and to identify the types of goods or services would require escalated

insurance coverage, wherein appropriate and adequate insurance will be determined by Risk

Management on a case-by-case basis. [5 O.C. 506.5-4].

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SECTION 8. OTHER CONSIDERATIONS

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Fiscal Impact. Under the Legislative Procedures Act, a fiscal impact statement is required for all legislation

except emergency legislation [1 O.C. 109.6-1]. Oneida Business Committee resolution BC-10-28-20-A

titled, “Further Interpretation of ‘Fiscal Impact Statement’ in the Legislative Procedures Act,” provides

further clarification on who the Legislative Operating Committee may direct complete a fiscal impact

statement at various stages of the legislative process, as well as timeframes for completing the fiscal impact

statement.

▪ Conclusion. The Legislative Operating Committee has not yet directed that a fiscal impact be

completed.

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Title 5. Business - Chapter 506

VENDOR LICENSING

Lonatkehlu·n$ kanakt%tha>

they are permitted to sell to one

506.1. Purpose and Policy.

506.2. Adoption, Amendment Repeal.

506.3. Definitions

506.4. Scope

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506.5. Application Procedures Application/Renewal Procedures

506.6. Fees for Licensure

506.76. Maintaining a Vendor License Revocation of Vendor’s

License

506.78. Deactivation or Revocation of a Vendor License

Exemptions and Deferments

506.89. Appeal Department Decisions

_____________________________________________________________________________________

506.1. Purpose and Policy.

506.1-1. Purpose. The purpose of this law is to:

(a) regulate and license all vendors who provide a goods or services for and do business with the

Oneida Nation, and

(b) provide revenue for the Nation by collecting fees from vendors for a license to perform a

service for or do business with the Nation.

(b) ensure the Nation’s safety, regulate compliance, minimize risk, and protect the Nation’s

assets.

506.1-2. Policy. It is the policy of the Oneida Nation to establish a fair system to for implementing,

administering, and enforcinge the issuance of vendor’s licensesthe requirements ftoor maintaining a

vendor license, provided that, and collection of fees.

(a) It is the policy of the Nation to utilize Native American businesses to complete work that the Nation is

unable to complete through use of its own employees. Aall programs, enterprises, and government

agenciestribal entities are encouraged to seek within their own employees those with expertise to meet

the Nation’s needs.

506.2. Adoption, Amendment Repeal.

506.2-1. This law was adopted by the Oneida Business Committee by resolution BC-02-19-92-C and

amended by resolutions BC-3-5-97-E, BC-02-25-15-C and BC-10-12-16-E.

506.2-2. This law may be amended or repealed by the Oneida Business Committee pursuant to the

procedures set out in the Legislative Procedures Act.

506.2-3. Should a provision of this law or the application thereof to any person or circumstances be held

as invalid, such invalidity shall not affect other provisions of this law which are considered to have legal

force without the invalid portions.

506.2-4. In the event of a conflict between a provision of this law and a provision of another law, the

provisions of this law shall control.

506.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.

506.3. Definitions

506.3-1. This section shall govern the definitions of words and phrases used within this law. All words not

defined herein shall be used in their ordinary and everyday sense.

(a) “Business day” means Monday through Friday from 8:00 a.m. to 4:30 p.m., excluding holidays

recognized by the Nation.

(b) “Business entity” means that which exists as a particular and discrete unit, which may

include, but is not limited to,; any person, independent contractor, sole proprietorship,

5 O.C. 506 – page 1

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partnership, corporation, joint venture, franchise, governmental enterprise, or any other natural

or artificial person or organization. The term “entity” is intended to be as broad and

encompassing as possible to ensure this law covers all contracted goods or services within the

jurisdiction of the Nation.is law.

(c) “Certificate of Insurance” means a document issued by an insurance company that verifies

the existence of an insurance policy and summarizes key aspects and conditions of the policy.

(d) “CSRA” means the Cyber Security Risk Assessment done by the Nation’s Digital Technology

Services department to assess potential cyber threats and vulnerabilities. The goal of the Digital

CSRA is to identify and prioritize risks and to develop strategies to reduce the likelihood and

impact of a cyberattack. “Department” means the Oneida Licensing Department.

e(ef) “Deactivate” means to turn off the vendor in the Licensing system that is not for causefor

lack of current of vendor information.

(ff) “DTS” means the Nation’s Digital Technology Services department.

(gh) “Financial information” means any information related to the financial activities and

performance of a business. For the purposes of this law, “financial information” may refer to

income and tax reporting documents or direct deposit and banking information.

(higf) “Goods” means quantifiable products and, tangible or intangible, products that must be

provided completion of a projectpursuant to an Agreement with the Nation.

(ijhg) “Great harm” means the conviction of, or a civil judgement for, thecredible evidence exists

that substantiates commission of any of the following actions: fraud, any violation of Federal or

State antitrust statutes, embezzlement, theft, forgery, bribery, falsification or destruction of

records, making false statements, tax evasion, receiving stolen property, obstruction of justice,

or any other action so serious that it affects the vendor’s ability to satisfy its responsibilities to

the Nation.

(jkih) “Judiciary” means the judicial system that was established by Oneida General Tribal

Council resolution GTC-01-07-13-B to administer the judicial authorities and responsibilities of

the Nation.

(e) “License fee” means that fee charged for a vendor’s license issued in accordance with this

law.

(kli) “Licensing” means the Licensing Department of the Oneida Nation.

(lmkjf) “Nation” means the Oneida Nation.

(mnlkg) “Non-renewal” means thea vendor has chosen not did notto renew their vendor license

and is no longer doing business with the Nation as a vendorwithout consideration, cause, or

imposition of any penalty.

(noml) “Notice” means communication from the Licensing Department to a vendor. To

communicate the renewal and maintenance of a vendor license, the Licensing Department will

send notice by email or regular mail; to communicate the loss of licensure, the Licensing

Department will send notice by certified mail.

(op) “Rule” means a set of requirements enacted in accordance with the Nation’s Administrative

Rulemaking Law.

(pqnmh) “Service” means an action performed by a vendor pursuant to an agreement with the

Nation where the service subject to the agreement must be described sufficiently as to set the

expectations for all parties; it must be adequately described as to the action that will be taken

and the final result of those actions.

(qron) “Technology assessment” means the process where the Nation evaluates the technical

capabilities and infrastructure of a potential or existing vendor to ensure they can meet the

Nation’s needs and requirements.

5 O.C. 506 – page 2

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(rspo) “Vendor’s license” means a license issued by the Licensing Department to a business

entity that does business with the Nation by entering agreements to provides provide a goods or

service for, or that does business withto the Nation.

506.4. Scope

506.4-1. This law shall be adhered to by all business entities and shall apply to every business entity that

performs services and/or does business with the Nation separate from and in addition to those

requirements imposed by other laws and rules of the Nation.

506.4-2. Any record request related to vendor licensing is All information given for the purpose of

receiving a vendor’s license is:

(a) ssubject to a request for information and available for public inspection as provided in applicable laws

and rules of the Nation; and

(b) ssubject to internal audit of the Nation.

506.4-3. Exemptions. The following are exempt from licensure.

(a) Services or goods provided by another federally recognized tribe, subject to all laws and rules

of the Nation.

(b) Services or goods provided by another government, subject to all laws and rules of the

Nation.

(c) Other vendors as identified by Licensing through standard operating procedures and

published on the Nation’s website.

506.4-4. Rulemaking. Licensing may promulgate rules establishing additional criteria for the approval and

maintenance of a vendor license.

506.55. Application Procedures/Renewal Procedures

506.55-1. Application. The Licensing Department shall notify all new applicants of the requirements of

this law; including any applicable rules and any necessary documentation that theythe Department may

ask the applicant to provide. A complete application shall include:

(a) the application;

(b) a certificate of insurance demonstrating the vendor meets the minimum insurance

requirements;

(c) completed DTS screening for technology risk assessment;

(d) vendor payment authorization form; and

(e) W-9.

All business entities shall obtain and maintain adequate insurance coverage, as determined by the Risk

Management Department, in cooperation with the Department.

506.5-2. DTS Security Review. All applicants for a new vendor license shall complete the DTS screening

questions. Iand, if the vendor responded “yes” to any of the DTS screening questions,, required of all

new applications, the vendor will be required to complete an additional technology assessment or CSRA

or both. Licensing may not proceed with processing aA license may not be issued until the technology

assessment or CSRA or both are completed and approved by DTS.

(a) Waiver. Even if a vendor responded “yes” to any of the DTS screening questions, the vendor

may be waived from completing an additional technology assessment or CSRA or both, if DTS,

Risk Management, and the Chief Financial Officer waive further technology assessments or the

CSRA or both.

506.5-35-2. Licensing Review. Licensing shall approve or deny an application based on compliance with

the criteria set in this law , other Oneida laws, and any applicable rules, policies, or procedures.

506.6-4. Rulemaking. Licensing may promulgate rules establishing its own criteria for the approval and

maintenance of a vendor license.

5 O.C. 506 – page 3

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506.65-53. Notice to Applicant. Licensing The Department shall notify the applicant of the approval or

denial of the application within twenty ten (210) business days of Licensing receipt of a complete

application, and:

(a) if approved, Licensing the Department shall issue the vendor’s license to the business entity;

or

(b) if denied, Licensing the Department shall provide the reason(s) for denial of the vendor’s

license; and notify the applicant of their his or her right to file a complaint with the Judiciary

challenging Licensing’s denial. the Department’s action.

506.5-4. Insurance. Before the vendor performs any work, the vendor must demonstrate proof of

appropriate and adequate insurance coverage; and if applicable, comply with all other laws, rules, or

policies of the Nation implicating vendor licensing.

(a) The Nation’s Risk Management Department is delegated rule making authority to determine

what constitutes appropriate and adequate insurance coverageshall determine what constitutes

appropriate and adequate insurance coverage for varying types of goods and services. The

appropriate and adequate minimum insurance requirements for all vendors shall be made

available on the Nation’s website and shall identify the types of services or goods that require

escalated insurance coverage, wherein the amount of coverage may be determined on a caseby-case basis.

506.55-54. Record Retention. All applications for a vendor’s license and a copy of each vendor’s

licenseand licenses issued by Licensing as a result thereof shall be retained by Licensing the Department

in accordance with applicable law and rules of the Nation for a period of seven (7) years from the later of

the applicable date of application or issuance.

506.6. Maintaining a Vendor License

506.6-1. Annual Licensing Update. On an annual basis, vendors shall provide Licensing with an updated

certificate of insurance and complete the CSRA, to the extent the CSRA is required based on the initial

cybersecurity risk assessment.

506.6-2. Triennial Licensing Update. Every three years vendors shall complete a full update of their

information by providing an updated application with all forms required for a new application.

506.7-3. Insurance Requirements. In order to maintain a vendor license, a vendor must maintain

appropriate and adequate insurance coverage, as determined by the Nation’s Risk Management

Department.

(a) Risk Management shall provide a vendor with a minimum of ten (10) days to cure insurance

requirements and to ensure the insurance coverage remains appropriate and adequate as

determined by Risk Management.

(1) If the vendor does not cure within the timeframe given by Risk Management,

Licensing may deactivate or revoke the vendor.

(2) If the vendor cures within the timeframe, to the satisfaction of Risk Management,

and otherwise remains in full compliance with this law and all applicable contracts with

the Nation, the vendor may avoid license deactivation or revocation, subject to certain

limitations, as identified by Licensing in consultation with the Oneida Law Office.

506.7. Deactivation or Revocation of a Vendor License

506.7-1. Deactivation. If a vendor is not in compliance with the requirements of section 506.7 of this law,

to maintain their vendor license, the vendor’s license may be deactivated. Licensing shall provide notice

to a vendor prior to potential deactivation stating the requirements to comply with this law to maintain a

vendor license. If the vendor has not satisfactorily completed the requirements to maintain their vendor

license within the allowable timeframe, Licensing shall deactivate the vendor’s license.

5 O.C. 506 – page 4

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506.7-2. Revocation. Revocation is a cancellation of a vendor license for cause. Revocation is subject to

Licensing discretion except that revocation isf required for a failure to meet the Nation’s insurance

requirements. A vendor that has been revoked may not conduct business with the Nation.

(a) Revocation for Insufficient Insurance. In order to maintain a vendor license, a vendor must

maintain appropriate and adequate insurance coverage, as determined by the Nation’s Risk

Management Department. If or when Risk Management learns that a vendor does not meet the

Nation’s insurance requirements, Risk Management shall provide the vendor with a minimum of

ten (10) business days to supply a satisfactory certificate of insurance. If the vendor does not

cure within the timeframe given by Risk Management, Licensing shall revoke the vendor.

(b) Revocation for Cause. A vendor license may be revoked which is the temporary or permanent

removal of a vendor license, for cause, as identifieddetermined by Licensing upon the

occurrence of any of the following:.

(1a) A vendor’s actions, whether directly or or not indirectly related to the vendor’s

agreement with the Nation, present Licensing may immediately revoke a vendor license

for public health, safety, or welfare concerns to the Nation or its citizens.

(2) A vendor’s actions or inactions implicate poor quality of work or performance, or a

lack of sound business practice as determined by Licensing in consultation with the

Oneida Law Office and the Nation’s business unit receiving goods or services from the

vendor.

(cb) Form of Revocation. Licensing may revoke the license upon notice to the vendor containing

the effective date and duration of the revocation and the reason(s) for revocation.

(1) (c) A vendor that has been revoked may not conduct business with the Nation.

(d) A vendor license may be revoked where a vendor fails to comply with Licensing’s

requirements, or when a vendor’s actions or inactions implicate poor quality of work or

performance, or a lack of sound business practice as determined by Licensing in

consultation with the Oneida Law Office pursuant to this law or any additional rules or

policies promulgated by Licensing and in consultation with the Oneida Law Officefor a

duration to be identified by Licensing in consultation with the Oneida Law Office.

(2e) In extreme circumstances, where a vendor has caused great harm to the Nation, a

vendor shallmay be permanently revoked.

506.8-4. Probation and Potential revocation. Licensing may revoke a vendor in the event of

noncompliance with this law or applicable contracts with the Nation that do not immediately implicate

public health, safety, or welfare.

(a) Licensing may place the vendor on probation until the vendor cures the identified

noncompliance.

(1) During probation, if the vendor fails to comply with any terms of probation identified

by Licensing or does not remain in full compliance with this law and any applicable

contracts with the Nation, Licensing may revoke the vendor.

(2) If the vendor cures the identified noncompliance, to the satisfaction of Risk

Management, and otherwise remains in full compliance with this law and all applicable

contracts with the Nation, Licensing may choose not to revoke the license, subject to

certain limitations, as identified by Licensing in consultation with the Oneida Law Office.

506.89. Appeal Department Decisions

506.89-1. The Judiciary is granted jurisdiction to hear complaints filed regarding actions taken by

Licensing the Department pursuant to this law.

506.89-2. No administrative hearing body, including a board, committee, or commission, is authorized to

hear a complaint filed regarding actions taken pursuant to this law.

5 O.C. 506 – page 5

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506.89-3. Complaints filed with the Judiciary shall name the Licensing Department as the responding

party.

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Adopted- BC-2-19-92-C Amended- BC-3-5-97-E Amended- BC-02-25-15-C Amended- BC-10-12-16-E

End.

5 O.C. 506 – page 6

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Title 5. Business - Chapter 506

VENDOR LICENSING

Lonatkehlu·n$ kanakt%tha>

they are permitted to sell to one

506.1. Purpose and Policy

506.2. Adoption, Amendment Repeal

506.3. Definitions

506.4. Scope

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506.5. Application Procedures

506.6. Maintaining a Vendor License

506.7. Deactivation or Revocation of a Vendor License

506.8. Appeal

_____________________________________________________________________________________

506.1. Purpose and Policy

506.1-1. Purpose. The purpose of this law is to:

(a) regulate and license vendors who provide goods or services for, and do business with, the

Nation; and

(b) ensure the Nation’s safety, regulate compliance, minimize risk, and protect the Nation’s

assets.

506.1-2. Policy. It is the policy of the Nation to establish a fair system for implementing, administering,

and enforcing the requirements to maintain a vendor license provided that all programs, enterprises,

and tribal entities are encouraged to seek within their own employees those with expertise to meet the

Nation’s needs.

506.2. Adoption, Amendment Repeal

506.2-1. This law was adopted by the Oneida Business Committee by resolution BC-02-19-92-C and

amended by resolutions BC-3-5-97-E, BC-02-25-15-C and BC-10-12-16-E.

506.2-2. This law may be amended or repealed by the Oneida Business Committee pursuant to the

procedures set out in the Legislative Procedures Act.

506.2-3. Should a provision of this law or the application thereof to any person or circumstances be held

as invalid, such invalidity shall not affect other provisions of this law which are considered to have legal

force without the invalid portions.

506.2-4. In the event of a conflict between a provision of this law and a provision of another law, the

provisions of this law shall control.

506.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.

506.3. Definitions

506.3-1. This section shall govern the definitions of words and phrases used within this law. All words not

defined herein shall be used in their ordinary and everyday sense.

(a) “Business day” means Monday through Friday from 8:00 a.m. to 4:30 p.m., excluding holidays

recognized by the Nation.

(b) “Business entity” means a particular and discrete unit, which may include, but is not limited

to, any person, independent contractor, sole proprietorship, partnership, corporation, joint

venture, franchise, governmental enterprise, or any other natural or artificial person or

organization. The term “entity” is intended to be as broad and encompassing as possible to

ensure this law covers all contracted goods or services within the jurisdiction of the Nation.

(c) “Certificate of Insurance” means a document issued by an insurance company that verifies

the existence of an insurance policy and summarizes key aspects and conditions of the policy.

5 O.C. 506 – page 1

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(d) “CSRA” means the Cyber Security Risk Assessment done by the Nation’s Digital Technology

Services department to assess potential cyber threats and vulnerabilities. The goal of the CSRA is

to identify and prioritize risks and to develop strategies to reduce the likelihood and impact of a

cyberattack.

(e) “Deactivate” means to turn off the vendor in the Licensing system for lack of current vendor

information.

(f) “DTS” means the Nation’s Digital Technology Services department.

(g) “Financial information” means any information related to the financial activities and

performance of a business. For the purposes of this law, “financial information” may refer to

income and tax reporting documents or direct deposit and banking information.

(h) “Goods” means quantifiable products, tangible or intangible, that must be provided pursuant

to an Agreement with the Nation.

(i) “Great harm” means credible evidence exists that substantiates commission of any of the

following actions: fraud, any violation of Federal or State antitrust statutes, embezzlement, theft,

forgery, bribery, falsification or destruction of records, making false statements, tax evasion,

receiving stolen property, obstruction of justice, or any other action so serious that it affects the

vendor’s ability to satisfy its responsibilities to the Nation.

(j) “Judiciary” means the judicial system that was established by Oneida General Tribal Council

resolution GTC-01-07-13-B to administer the judicial authorities and responsibilities of the

Nation.

(k) “Licensing” means the Licensing Department of the Oneida Nation.

(l) “Nation” means the Oneida Nation.

(m) “Non-renewal” means a vendor has chosen not to renew their vendor license without

consideration, cause, or imposition of any penalty.

(n) “Notice” means a communication from the Licensing Department to a vendor. To

communicate the renewal and maintenance of a vendor license, the Licensing Department will

send notice by email or regular mail; to communicate the loss of licensure, the Licensing

Department will send notice by certified mail.

(o) “Rule” means a set of requirements enacted in accordance with the Nation’s Administrative

Rulemaking Law.

(p) “Service” means an action performed by a vendor pursuant to an agreement with the Nation

where the service subject to the agreement must be described sufficiently as to set the

expectations for all parties.

(q) “Technology assessment” means the process where the Nation evaluates the technical

capabilities and infrastructure of a potential or existing vendor to ensure they can meet the

Nation’s needs and requirements.

(r) “Vendor license” means a license issued by the Licensing Department to a business entity

that does business with the Nation by entering agreements to provide goods or services to the

Nation.

506.4. Scope

506.4-1. This law shall be adhered to by all business entities and shall apply to every business entity that

performs services or does business with the Nation separate from and in addition to those requirements

imposed by other laws and rules of the Nation.

506.4-2. Any record request related to a vendor license is subject to applicable laws and rules of the

Nation.

506.4-3. Exemptions. The following are exempt from licensure.

5 O.C. 506 – page 2

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(a) Services or goods provided by another federally recognized tribe, subject to all laws and rules

of the Nation.

(b) Services or goods provided by another government, subject to all laws and rules of the

Nation.

(c) Other vendors as identified by Licensing through standard operating procedures and

published on the Nation’s website.

506.4-4. Rulemaking. Licensing may promulgate rules establishing additional criteria for the approval and

maintenance of a vendor license.

506.5. Application Procedures

506.5-1. Application. Licensing shall notify all applicants of the requirements of this law; including any

applicable rules and any necessary documentation that they may ask the applicant to provide. A

complete application shall include:

(a) the application;

(b) a certificate of insurance demonstrating the vendor meets the minimum insurance

requirements;

(c) completed DTS screening for technology risk assessment;

(d) vendor payment authorization form; and

(e) W-9.

506.5-2. DTS Security Review. All applicants for a vendor license shall complete DTS screening questions.

If the vendor responded “yes” to any of the DTS screening questions, the vendor will be required to

complete an additional technology assessment or CSRA or both. A license may not be issued until the

technology assessment or CSRA or both are completed and approved by DTS.

(a) Waiver. Even if a vendor responded “yes” to any of the DTS screening questions, the vendor

may be waived from completing an additional technology assessment or CSRA or both, if DTS,

Risk Management, and the Chief Financial Officer waive an additional technology assessment or

the CSRA or both.

506.5-3. Licensing Review. Licensing shall approve or deny an application based on compliance with the

criteria set in this law and any applicable rules, policies, or procedures.

506.6-5. Notice to Applicant. Licensing shall notify the applicant of the approval or denial of the

application within twenty (20) business days of Licensing’s receipt of a complete application, and:

(a) if approved, Licensing shall issue the vendor license to the business entity; or

(b) if denied, Licensing shall notice the reason(s) for denial of the vendor license; and notify the

applicant of their right to file a complaint with the Judiciary challenging Licensing’s denial.

506.5-4. Insurance. Before the vendor performs any work, the vendor must demonstrate proof of

appropriate and adequate insurance coverage; and if applicable, comply with all other laws, rules, or

policies of the Nation implicating vendor licensing.

(a) The Nation’s Risk Management Department shall determine what constitutes appropriate

and adequate insurance coverage for varying types of goods and services; and shall make the

minimum insurance requirements for all vendors available on the Nation’s website, including the

identification of the types of services or goods that require escalated insurance coverage,

wherein the amount of coverage may be determined on a case-by-case basis.

506.5-5. Record Retention. All applications for a vendor license and licenses issued by Licensing as a

result thereof shall be retained by Licensing for a period of seven (7) years from the later date of

application or issuance.

506.6. Maintaining a Vendor License

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506.6-1. Annual Licensing Update. On an annual basis, vendors shall provide Licensing with an updated

certificate of insurance and complete the CSRA, to the extent the CSRA is required based on the initial

cybersecurity risk assessment.

506.6-2. Triennial Licensing Update. Every three years vendors shall complete a full update of their

information by providing an updated application with all forms required for a new application.

178

Adopted- BC-2-19-92-C

506.7. Deactivation or Revocation of a Vendor License

506.7-1. Deactivation. If a vendor is not in compliance with the requirements of section 506.7 of this law

to maintain their vendor license, the vendor’s license may be deactivated. Licensing shall provide notice

to a vendor prior to potential deactivation stating the requirements to comply with this law to maintain a

vendor license. If the vendor has not satisfactorily completed the requirements to maintain their vendor

license within the allowable timeframe, Licensing shall deactivate the vendor’s license.

506.7-2. Revocation. Revocation is a cancellation of a vendor license for cause. Revocation is subject to

Licensing discretion except that revocation is required for a failure to meet the Nation’s insurance

requirements. A vendor that has been revoked may not conduct business with the Nation.

(a) Revocation for Insufficient Insurance. In order to maintain a vendor license, a vendor must

maintain appropriate and adequate insurance coverage, as determined by the Nation’s Risk

Management Department. If or when Risk Management learns that a vendor does not meet the

Nation’s insurance requirements, Risk Management shall provide the vendor with a minimum of

ten (10) business days to supply a satisfactory certificate of insurance. If the vendor does not

cure within the timeframe given by Risk Management, Licensing shall revoke the vendor.

(b) Revocation for Cause. A vendor license may be revoked for cause as determined by Licensing

upon the occurrence of any of the following:

(1) A vendor’s actions, whether directly or indirectly related to the vendor’s agreement

with the Nation, present public health, safety, or welfare concerns to the Nation or its

members.

(2) A vendor’s actions or inactions implicate poor quality of work or performance, or a

lack of sound business practice as determined by Licensing in consultation with the

Oneida Law Office and the Nation’s business unit receiving goods or services from the

vendor.

(c) Form of Revocation. Licensing may revoke the license upon notice to the vendor containing

the effective date and duration of the revocation and the reason(s) for revocation.

(1) A vendor license may be revoked for a duration to be identified by Licensing in

consultation with the Oneida Law Office.

(2) In extreme circumstances, where a vendor has caused great harm to the Nation, a

vendor may be permanently revoked.

506.8. Appeal

506.8-1. The Judiciary is granted jurisdiction to hear complaints filed regarding actions taken by Licensing

pursuant to this law.

506.8-2. No administrative hearing body, including a board, committee, or commission, is authorized to

hear a complaint filed regarding actions taken pursuant to this law.

506.8-3. Complaints filed with the Judiciary shall name the Licensing Department as the responding

party.

End.

5 O.C. 506 – page 4

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Amended- BC-3-5-97-E

Amended- BC-02-25-15-C

Amended- BC-10-12-16-E

5 O.C. 506 – page 5

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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