Phone: (920)869-2214

Oneida Nation

Post Office Box 365

Phone: (920)869-2214

Oneida, WI 54155

BC Resolution # 04-08-20-I

Amendments to the Indian Preference in Contracting Law

WHEREAS,

the Oneida Nation is a federally recognized Indian government and a treaty tribe

recognized by the laws of the United States of America; and

WHEREAS,

the Oneida General Tribal Council is the governing body of the Oneida Nation; and

WHEREAS,

the Oneida Business Committee has been delegated the authority of Article IV, Section 1,

of the Oneida Tribal Constitution by the Oneida General Tribal Council; and

WHEREAS,

the Indian Preference in Contracting law (‘the Law”) was adopted by the Oneida Business

Committee through resolution BC-03-27-13-B; and

WHEREAS,

the purpose of the 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; and

WHEREAS,

the Legislative Operating Committee worked collaboratively with representatives from the

Nation’s Indian Preference Office, Purchasing Department, Oneida Law Office, Community

and Economic Development Division, and the Oneida ESC Group to develop the

amendments to this Law; and

WHEREAS,

the amendments to the Law update the definition of tribal corporation to now include any

corporation wholly owned by the Nation in addition to those corporations chartered by the

Nation; and

WHEREAS,

the amendments to the Law provide tribal corporations an exemption from the requirement

to submit a certification renewal application on an annual basis; and

WHEREAS,

the amendments to the Law now permit joint ventures to qualify for Indian Preference on a

project-specific basis; and

WHEREAS,

the amendments to the Law raise the contract threshold for when Indian Preference is

applied from one thousand five hundred dollars ($1,500) to three thousand dollars ($3,000);

and

WHEREAS,

the amendments to the Law set a new timeframe for the Indian Preference Office’s review

of contracts prior the posting or announcement of a contract; and

WHEREAS,

the amendments to the Law clarify the Indian Preference Office’s authority to develop a

fine and penalty schedule for violations of this law, to be approved by the Oneida Business

Committee by resolution; and

BC Resolution # 04-08-20-I

Amendments to the Indian Preference in Contracting Law

Page 2 of 2

WHEREAS,

the amendments to the Law make other minor drafting revisions; and

WHEREAS,

in accordance with the Legislative Procedures Act a legislative analysis and fiscal impact

statement were completed for the amendments to the Law; and

WHEREAS,

a public meeting on the proposed amendments to this Law was held on December 19,

2019, in accordance with the Legislative Procedures Act, and the public comment period

was held open until December 30, 2019; and

WHEREAS,

the Legislative Operating Committee accepted, reviewed, and considered the public

comments received on February 5, 2020; and

NOW THEREFORE BE IT RESOLVED, that the amendments to the Indian Preference law are hereby

adopted and shall be effective on May 8, 2020.

BE IT FINALLY RESOLVED, that the Indian Preference Office and Purchasing Department shall

implement the Law as adopted and develop and/or revise any internal processes and/or standard operating

procedures as needed to implement this Law.

CERTIFICATION

I, the undersigned, as Secretary of the Oneida Business Committee, hereby certify that the Oneida

Business Committee is composed of 9 members of whom 5 members constitute a quorum; 9 members

were present at a meeting duly called, noticed and held on the 8th day of April, 2020; that the forgoing

resolution was duly adopted at such meeting by a vote of 8 members for, 0 members against, and 0

members not voting*; and that said resolution has not been rescinded or amended in any way.

____________________________

Lisa Summers, Secretary

Oneida Business Committee

*According to the By-Laws, Article I, Section 1, the Chair votes "only in the case of a tie."