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

1

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

2

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)

3

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.

--------------------------------------------------------------------------------------------------------

Priorities have changed from FOUR to TWO.

(Location is no longer a Factor in determining Priority)

4

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%)

5

CHANGES

MODIFICATIONS

EXTENSIONS

5 NNC § 205 NAVAJO BUSINESS OPPORTUNITY ACTADVERTISEMENT AND NOTICE

BID OPENING PROCEDURES

OCTOBER 2003

6

--(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

7

--(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


8

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

9

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


REVISEDFORM

BUSINESS REGULATORYDEPARTMENT

• VERIFY COMPLIANCE W/ NBOA• CERTIFICATION CLEARANCE

10

DIVISION OF FINANCEBUDGET REVIEW• ENSURE FUNDS AVALIABILITY ENSURE COMPLIANCE W/ NBPC

DOJ


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

11

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


CONTRACTDOCUMENT

JUSTIFICATION


SAS #BUSINESS REGULATORY

DEPARTMENT• VERIFY COMPLIANCE W/ NBOA• CERTIFICATION CLEARANCE

12

DIVISION OF FINANCEBUDGET REVIEW• ENSURE FUNDS AVALIABILITY PURCHASING DEPT.• ENSURE COMPLIANCE W/ NBPC

DOJ


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

13

14

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

15


PRE-BID MEETING

BID PACKETSRECEIVED &LOGGED INDATE & TIME

1

2

3

ADVERTISMENT BIDDING PROCESSI.F.B.


ALL BIDS SUBMITTED AFTER THEESTABLISHED DEADLINE TIME ANDDATE SHALL BE DEEMED DISQUALIFIED

4BID OPENING DATE

16

PRIORITY #1

NON - I

NON – C I

PRIORITY #2

NON – C I

PRIORITY #2

NON - I

BIDOPENING


3


Set Aside Do not open

4

PRIORITY#1

BID OPENING DATE


17

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)


AT MFC orBELOW MFC


3


Set Aside

PRIORITY #1

4

BID OPENING DATE

ALL BIDS SUBMITTED AFTER THEESTABLISHED DEADLINE TIME ANDDATE SHALL BE DEEMED DISQUALIFIED


“ILLUS

TR

AT

ION

--1”

19

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


CLE maynegotiate

1PRE-BID MEETING

Set Aside2


3DEADLINE DATEFOR BIDS “ILLU

ST

RA

TIO

N-2”

20

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


PRE-BID MEETING


1

2

3

ADVERTISMENT BIDDING PROCESSI.F,B.

PRIORITY #2

PRIORITY #2


AT MFC OR BELOW

CLE maynegotiate

NO

NEG

OTI

ATI

ON

OR

SU

CC

ESSF

UL

NEG

OTI

ATI

ON

Set Aside

PRIORITY #1


“ILLUS

TR

AT

ION

-2”

RFP / RFQ

21


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


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


REQUEST FOR PROPOSAL PHASE IREVIEW & EVALUATION

24

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”


REQUEST FOR PROPOSAL

25

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

26

27

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

<

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

28

BILL

SIGNATURE APPROVAL

navajo business, navajo nation - 164, 185, 222, 223 …...amended 2 nnc 164, 185, 222, 223 12 nnc...

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