Navajo Business, Navajo Nation - 164, 185, 222, 223 …...AMENDED 2 NNC 164, 185, 222, 223 12 NNC...
Transcript of Navajo Business, Navajo Nation - 164, 185, 222, 223 …...AMENDED 2 NNC 164, 185, 222, 223 12 NNC...
AMENDED 2 NNC § 164, 185, 222, 22312 NNC § 301-371 NAVAJO PROCUREMENT CODE
5 NNC § 201-216 NAVAJO BUSINESS OPPORTUNITY ACT
OCTOBER 2003
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THE NAME OF THE LAW IS CHANGED
Old Name : NAVAJO BUSINESS PREFERENCE LAW
New Name : NAVAJO BUSINESS OPPORTUNITY ACT
CITATION OF THE LAW CHANGED
(5 NNC § 201-218) is now (5 NNC § 201-216)
The original Section 214 & 216 were deleted in its entirety
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ADVERTISEMENT REQUIREMENTS HAVE CHANGED
ALL PROCUREMENTS OVER $50,000 MUST BE PUBLICLY ADVERTISEDAND BIDDED.
(Threshold requirements have changed from $2,500 to $50,000)
THE WORDING “OPPORTUNITY FOR NEGOTIATION” HAS BEEN DELETEDFROM THE NAVAJO BUSINESS OPPORTUNITY ACT.
(CLE/PP may negotiate with bidders)
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PRIORITY STATUS & REQUIREMENT
Priority # One - 100% Navajo owned & controlled business entity.
Priority # Two - Navajo businesses that are less than 100% ownedand controlled but has majority of ownership andcontrol of a business.
- Other Indians that own and control a majority orall of the business activities.
- Any tribally owned and operated business entities(enterprises) are priority # twos.
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Priorities have changed from FOUR to TWO.
(Location is no longer a Factor in determining Priority)
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RE-BID PROVISIONS HAVE CHANGED
Any changes, modifications and extensions to an original contract thatResults in a change of cost by more than 20% SHALL BE RE-BIDDED.
(The re-bid provision was at 10%)
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CHANGES
MODIFICATIONS
EXTENSIONS
5 NNC § 205 NAVAJO BUSINESS OPPORTUNITY ACTADVERTISEMENT AND NOTICE
BID OPENING PROCEDURES
OCTOBER 2003
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--(5 NNC § 201 et. seq.)
CLE/PP ADVERTISES FACILITATES SELECTS COMPILES PRESENTS PRESIDENTS
CONTRACT PROCEDURES CONTRACTOR SAS PACKETS RESOLUTION SIGNATURE
TECH. ASSIST. MONITOR REVIEW
PREPARES
BRD BRD
IFBRFPRFQ
SCOPE OFWORK PRE-
AWARD SAS
TITLE 2 NNC TITLE 5 NNC TITLE 2&
TITLE 5
MFCCONFIDENTIIAL
BID OPENING
RESOL.
OVER-SIGHTCOMM.
UPON REQUEST
BUSINESS REGULATORY DEPARTMENTDIVISION OF ECONOMIC DEVELOPMENT
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--(5 N.N.C. §201 et. seq.)
CLE/PP ADVERTISES FACILITATES SELECTS COMPILES DIVISION
CONTRACT PROCEDURES CONTRACTOR PACKETS APPROVAL
TECH. ASSIST. MONITOR REVIEW
PREPARES
BRD BRD
IFBRFPRFQ
SCOPE OFWORK PRE-
AWARD
TITLE 2 NNC TITLE 5 NNC TITLE 5
MFCCONFIDENTIIAL
BID OPENING
.
UPON REQUEST
ADMIN.REVIEW
EXECUTIVEDIRECTOR
BUSINESS REGULATORY DEPARTMENTDIVISION OF ECONOMIC DEVELOPMENT
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CONTRACTDOCUMENT
CLE/PP COMPILESTHE REVIEW PACKET
SAS #
BUSINESS REGULATORYDEPARTMENT
• VERIFY COMPLIANCE W/ NBOA• CERTIFICATION CLEARANCE
DIVISION OF FINANCEBUDGET REVIEW• ENSURE FUNDS AVALIABILITY PURCHASING DEPT.• ENSURE COMPLIANCE W/ NBPC
DOJ
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REVIEW & SIGNREVIEW & SIGN
PROGRAM & DIVISION SIGNATURE
REVIEW & SIGN
LEGISLATIVECOUNSEL
PROPOSEDCOMMITTEERESOLUTION
LEGALSUFFICIENCY
REVIEW & SIGN
PROCUREMENTS GREATER THAN $50,000
OFFICE OFCONTRACT& GRANTS
SASCLEARANCE
OFFICE OFCONTRACTS& GRANTS
REVIEW & SIGN
CLEARANCE & SIGNATURE
OR
OVERSIGHT COMMITTEE ACTION REQUIRED
ASSIGNSCONTRACT #
CONTRACTDOCUMENT
CLE/PP COMPILESTHE REVIEW PACKET
REVISEDFORM
BUSINESS REGULATORYDEPARTMENT
• VERIFY COMPLIANCE W/ NBOA• CERTIFICATION CLEARANCE
10
DIVISION OF FINANCEBUDGET REVIEW• ENSURE FUNDS AVALIABILITY ENSURE COMPLIANCE W/ NBPC
DOJ
REVIEW & SIGNREVIEW & SIGN
PROGRAM SIGNATURE CLEARANCE & SIGNATURE
LEGALSUFFICIENCY
OFFICE OFMG’MT
& BUDGETSIF
NECESSARY
PURCHASINGDEPARTMENT
CONTRACTADMINISTRATION
ASSIGNSCONTRACT #APPROVAL
BUSINESS REGULATORY DEPARTMENT
(12 NNC § 301 et. seq.)
CLE/PP ENSURES FACILITATES SELECTS COMPILES PRESIDENTS
1ST RIGHT OF PROCEDURES VENDER REVIEW SIGNATUREREFUSAL PACKETS
PREPARES
BRD
SCOPE OFWORK
PRE-AWARD
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TITLE 12 NNC TITLE 2 NNC &
TITLE 12 NNC
ADMIN.
REVIEW
SOURCE
LIST
REVIEW&
EVALUATE
PROCUREMENTMETHOD
SMALL PURCHASESOLE SOURCEEMERGENCY
WRITTEN CONCURRENCEDIVISION DIRECTOR
DIVISION OF FINANCEDOJ
MFC
BUSINESS REGULATORY DEPARTMENTDIVISION OF ECONOMIC DEVELOPMENT
CONTRACTDOCUMENT
JUSTIFICATION
CLE/PP COMPILESTHE REVIEW PACKET
SAS #BUSINESS REGULATORY
DEPARTMENT• VERIFY COMPLIANCE W/ NBOA• CERTIFICATION CLEARANCE
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DIVISION OF FINANCEBUDGET REVIEW• ENSURE FUNDS AVALIABILITY PURCHASING DEPT.• ENSURE COMPLIANCE W/ NBPC
DOJ
REVIEW & SIGNREVIEW & SIGN
PROGRAM & DIVISION SIGNATURE CLEARANCE & SIGNATURE
LEGALSUFFICIENCY
REVIEW & SIGN
OFFICE OFCONTRACT& GRANTS
RECORDEDSAS#
OFFICE OFCONTRACTS& GRANTS
ASSIGNSCONTRACT #
PROCUREMENTS LESS THAN $50,000
PUBLIC ADVERTISEMENT
5 NNC §205 (D)NOTICE TO BRD
REQUIRED FOR:PROCUREMENTS OVER $50,000
PRE-BID MEETING
SCOPE OF WORK
QUALIFICATIONS ANDLICENSE OR CREDENTIALS
REQUIRED
STATEMENT THATNBOA WILL APPLY
DEADLINE DATEFOR BIDS
BID OPENING DATE
I F BR F P
(If Necessary)
(All Bids receivedafter the deadlinedate will be deemeddisqualified)
(Monitored by BRD)
2 NNC § 223 (f)
5 NNC § 205 (B)
UNLESS OTHERWISE AUTHORIZEDAS SMALL PURCHASE, EMERGENCYPURCHASE OR SOLE SOURCE
PROVIDE INVITATION
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BRD
SOURCE
LIST
ENSURE CERTIFID BUSINESS1ST. RIGHT OF REFUSAL
ADMINISTRATIVE REVIEWPROCESS
USED FOR:PROCUREMENTS LESS THAN $50,000 12 NNC § 333 REQUIRED SIGNATURES
PROGRAM DIRECTOR,DIVISION DIRECTOR OROTHER PROCUREMENT
OFFICER
1REVIEW SOURCE LIST,CONTACT POTENTIAL
CERTIFIED BUSINESSES
2REQUEST QUOTES FOR
TYPE OF WORK ORSERVICES NEEDED
3LIST BUSINESSESCONTACTED AND
DOCUMENT FIRM’SRESPONSES
4JUSTIFICATION MEMO
AND SUPPORTINGDOCUMENTS
ALSO USED FOR:
• SOLE SOURCE PROCUREMENT
• EMERGENCY PROCUREMENT
12 NNC § 334
12 NNC § 335
PRIORITY #1
NON – C I
PRIORITY #2
NON - I
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DEADLINE DATEFOR BIDS
PRE-BID MEETING
BID PACKETSRECEIVED &LOGGED INDATE & TIME
1
2
3
ADVERTISMENT BIDDING PROCESSI.F.B.
BUSINESS REGULATORY DEPARTMENT
ALL BIDS SUBMITTED AFTER THEESTABLISHED DEADLINE TIME ANDDATE SHALL BE DEEMED DISQUALIFIED
4BID OPENING DATE
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PRIORITY #1
NON - I
NON – C I
PRIORITY #2
NON – C I
PRIORITY #2
NON - I
BIDOPENING
DEADLINE DATEFOR BIDS
3
ADVERTISMENT BIDDING PROCESSI.F.B.
Set Aside Do not open
4
PRIORITY#1
BID OPENING DATE
BUSINESS REGULATORY DEPARTMENT
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PRIORITY #1
PRIORITY #1
PRIORITY #1
PRIORITY #1
BIDOPENING
NON - I
NON – C I
PRIORITY #2
NON – C I
PRIORITY #2
NON - I
AWARD
OVER MFC (DISQUALIFIED)
OVER MFC (DISQUALIFIED)
AT MFC orBELOW MFC
DEADLINE DATEFOR BIDS
3
ADVERTISMENT BIDDING PROCESSI.F.B.
Set Aside
PRIORITY #1
4
BID OPENING DATE
ALL BIDS SUBMITTED AFTER THEESTABLISHED DEADLINE TIME ANDDATE SHALL BE DEEMED DISQUALIFIED
BUSINESS REGULATORY DEPARTMENT
“ILLUS
TR
AT
ION
--1”
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PRIORITY #1
PRIORITY #1
PRIORITY #1
PRIORITY #1
BIDOPENING
NON - I
NON – C I
PRIORITY #2
NON – C I
PRIORITY #2
NON - I
ADVERTISMENT BIDDING PROCESSI.F,B.
OVER MFC
OVER MFC
OVER MFC
PRIORITY #1
BUSINESS REGULATORY DEPARTMENT
CLE maynegotiate
1PRE-BID MEETING
Set Aside2
BID PACKETSRECEIVED &LOGGED INDATE & TIME
3DEADLINE DATEFOR BIDS “ILLU
ST
RA
TIO
N-2”
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PRIORITY #1
PRIORITY #1
PRIORITY #1
PRIORITY #1
BIDOPENING
NON - I
NON – C I
PRIORITY #2
NON – C I
PRIORITY #2
NON - I
AWARD
OVER MFC
OVER MFC
OVER MFC
DEADLINE DATEFOR BIDS
PRE-BID MEETING
BID PACKETSRECEIVED &LOGGED INDATE & TIME
1
2
3
ADVERTISMENT BIDDING PROCESSI.F,B.
PRIORITY #2
PRIORITY #2
OVER MFC (DISQUALIFIED)
AT MFC OR BELOW
CLE maynegotiate
NO
NEG
OTI
ATI
ON
OR
SU
CC
ESSF
UL
NEG
OTI
ATI
ON
Set Aside
PRIORITY #1
BUSINESS REGULATORY DEPARTMENT
“ILLUS
TR
AT
ION
-2”
RFP / RFQ
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BUSINESS REGULATORY DEPARTMENT
REQUEST FOR PROPOSAL
COST
PROPOSAL
1. AN RFP IS USED TO COMPARE DIFFERENT QUALITY AND CONTRACTUAL FACTORS BEFORE DECIDING ON THE AWARD.
2. THE MOST COMMON TYPES OF PROCUREMENT SERVICES TO BE COMPARED ARE AS FOLLOWS.
• Computer Services/Land Use Planning• Laboratory/Testing Services• Auditing/Accounting Services• Training Services
DEADLINE DATE:ALL BIDS SUBMITTED AFTERTHE DEADLINE WILL BEDEEMED DISQUALIFIED.
COST
PROPOSAL
COST
PROPOSAL
COST
PROPOSAL
“ILLUS
TR
AT
ION
-3a”
COST
PROPOSAL
22BID COST ANDPROPOSALS ARE
SEALED SEPARATE
BUSINESS REGULATORY DEPARTMENT
REQUEST FOR PROPOSAL PHASE ICLE/PP Sets the
QualificationStandards SOME QUALIFICATION FACTORS ARE BUT NOT LIMITED TO:
1. YEARS OF EXPERIENCE
2. LICENSES/CERTIFICATES
3. PAST PROJECTS/CREDENTIALS
4. EVALUATION AND REVIEW OF QUALIFICATION MUST BEUNIFORMLY APPLIED.
COST
PROPOSAL
COST
PROPOSAL
COST
PROPOSAL
COST
PROPOSAL
COST
PROPOSAL
23BID COST ANDPROPOSALS ARE
SEALED SEPARATE
CLE/PP SHALLACCEPT ALLPROPOSALS
BUSINESS REGULATORY DEPARTMENT
REQUEST FOR PROPOSAL PHASE IREVIEW & EVALUATION
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NAVAJO BUSINESS OPPORTUNITY ACT DOES NOT APPLY
• Business Regulatory Department cannot participate.
• Bid Packets receive after the established deadline datewill be disqualified.
COSTNot
Qualified
Qualified
NotQualified
Qualified
COST
COST
COST
COST
BID COST ANDPROPOSALS ARE
SEALED SEPARATE
SHORT LIST ISCREATED BY
QUALIFIED PROPOSALS
MinimumQualification
RETURNED
RETURNED
“ILLUS
TR
AT
ION
-3b”
BUSINESS REGULATORY DEPARTMENT
REQUEST FOR PROPOSAL
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COSTNot
Qualified
COST
Qualified
NotQualified
Qualified
PHASE I
Completed
COST
COST
COST
BID COST ANDPROPOSALS ARE
SEALED SEPARATE
SHORT LIST MUSTMEET MINIMUMALREQUIREMENTS
PHASE II
NAV. BUS. OPP. ACTWILL APPLY
BID MUST BE ATMFC OR BELOW
TO BE AWARDED
MinimumQualification
PRIORITY # 2
PRIORITY # 1 “ILLUS
TR
AT
ION
-3c”
NO PRIORITY
BID OPENINGPROCEDURES WILL
BE FOLLOWED
I. NAVAJO BUSINESS OPPORTUNITY ACT (5 N.N.C. §201 et. seq.)
All procurements exceeding $50,000
~ Requires public advertisement;
~ Requires bid opening procedures §205;
~ Administrative Reviews require clearance by Business RegulatoryDepartment; and
~ DOES NOT require committee oversight approval.
>
P # TWO
COMMITTEERESOLUTION
P # ONE
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II. NAVAJO BUSINESS PROCUREMENT CODE (12 N.N.C. §301 et. seq.)
All procurements less than $50,000
~ Does not require public advertisement;
~ Requires CLE/PP to review the BRD Source List
~ Administrative Review requires clearance by Business RegulatoryDepartment;
~ No committee oversight approval
~ NNPC Does NOT apply to Certified Chapters
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COMMITTEERESOLUTION
(SMALL PURCHASES, SOLE SOURCE & EMERGENCY PROCUEMENTS)
NBPC5 MS
BRDLIST
LGA
III. ADMINISTRATIVE REVIEW PROCESS (2 N.N.C. §164 B 1,2)
COMMITTEERESOLUTION
SAS
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BILL
SIGNATURE APPROVAL
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