f)
i.
If the entity asking for bids has reason to believe that two or more qualified local
Indian firms will bid, then the Invitation for bids shall be restricted to qualified local
Indian-owned enterprises and Indian Organization.
ii.
If there are less than two local Indian bidders then, the Invitation for Bids shall be
open competition to Indian and non-Indian firms alike.
In the case of (i) above, the Lowest Qualified Local Indian Preference bidder shall be
awarded the Contract or Sub-contract, if within budgetary limits of the project or within the
fixed percentage as outlined below. In the case of (ii) above, the Lowest Indian bidder shall
be awarded if:
i.
The lowest responsible Indian Preference bidder is within budgetary limits
established for the specific project or component of the project, and;
ii.
The lowest responsible Indian Preference bidder is not more than a fixed percentage
higher than the total bid price of the lowest responsive bid from any qualified
bidder. The fixed percentage is determined as follows:
PERCENTAGE OF BID OR
When the lowest responsive bid is
At LEAST
but LESS than
$000,000
$100,000
DOLLAR AMOUNT, WHICH
EVER IS LOWEST
10% or $ 9,000.
$100,000
$200,000
9% or $16,000.
$200,000
$300,000
8% or $21,000.
$300,000
$400,000
7% or $24,000.
$400,000
$500,000
6% or $25,000.
$500,000
$1 million
5% or $40,000.
$1 million
$2 million
4% or $60,000.
$2 million
$4 million
3% or $80,000.
$4 million
$7 million
2% or $105,000.
$7 million or more
responsive
responsive
1% of lowest
bid, w/no $ amt
g) Any contractor or sub-contractor failing to provide an Indian Contracting Utilization Plan
shall be deemed a violation of this Ordinance and subject to the sanctions as provided for in
Section 7.
4.13
BURDEN OR PROOF
In any hearing before the Commission where the issue is employer compliance with any of the
requirements or provisions of the foregoing subsections of Section 4, the burden of proof shall be on
the employer to show compliance within said subsection.
406
Revised Spokane Law & Order Code, 5/14/2013