RFB -THIS BID HAS BEEN CANCELLED 7/28/2020 REBID Ceiling Tiles for Cherokee Nation Spider Gallery & Kawi Cafe
|Level of Government:||State & Local|
|Posted Date:||Jul 28, 2020|
|Due Date:||Aug 3, 2020|
Title RFB -THIS BID HAS BEEN CANCELLED 7/28/2020 REBID Ceiling Tiles for Cherokee Nation Spider Gallery & Kawi Cafe
Buyer Contact Information
Entity Cherokee Nation
REQUEST FOR REBIDS
For Cherokee Nation Spider Gallery & Kawi Cafe
Bid Due Date: August 3, 2020
P.O. Box 948
Tahlequah, OK 74465
For Cherokee Nation Spider Gallery & Kawi Café
The Cherokee Nation is accepting bids from interested parties for ceiling tiles for Cherokee
Nation Spider Gallery and Kawi Cafe located at the Cort Mall 215 S. Muskogee Ave,
Tahlequah, Oklahoma. To schedule site visits please contact Austin Patton @ 918-453-
5992 or 918-453-5536. The scope of work and specifications are included in this bid
Interested parties are to provide a bid to furnish all labor, quality control, materials, supplies
and supervision to complete the entire project. Interested bidders must follow all directions
outlined in this bid packet including the utilization of mandatory bid response sheet to be
considered fully responsive.
The lowest most responsive, responsible bid will be the determining factor in awarding this
bid taking Indian Preference into consideration. The successful bidder will be issued an
agreement and a purchase order incorporating the bid response.
Bids are due August 3, 2020 by 5:00 p.m.
MANDATORY SUBMITTAL INFORMATION: Bid submittal requirements must be
followed. Each bid must be submitted on the prescribed, required form with all areas
completed. If forwarded by mail, the envelope containing the bid and all other required,
completed documents must be received on or before due date listed. Bids may be mailed
to Cherokee Nation Acquisition Management, Attn: Pam Jumper P.O. Box 948,
Tahlequah, OK 74465. Bids may be faxed to the attention of Pam Jumper at (918) 458-
4493 or (918) 458-7695 or e-mailed to email@example.com. It is the bidder’s
responsibility to ensure delivery of bids by August 3, 2020 by 5:00 p.m. Any bids received
after the designated date and time will be ineligible for award.
Interpretation of the Bid Documents: All questions or requests for interpretation of the
bid must be submitted in written format to Cherokee Nation Acquisition Management.
Requests may be e-mailed to firstname.lastname@example.org. Requests may also be faxed to
(918) 458-4493 or (918) 458-7695, Attention: Pam Jumper.
a) To be given consideration, questions and interpretation requests must be received
no later than July 28, 2020 by 5:00 p.m.
b) Any and all such answers and interpretations and any supplemental instructions will
be in the form of written addenda to the bid which, if issued, will be communicated
in written format to all prospective bidders not later via a posting on the NATION’S
website, www.cherokeebids.org with bid announcement.
Due date for
interpretations for this bid shall be July 30, 2020 by 5:00 p.m.
c) No answers or interpretation of the bid documents will be made to any bidder orally.
d) Failure of any bidder to receive any such addendum or interpretation shall not
relieve such bidder from any obligation under his bid as submitted. All addenda so
issued shall become part of the contract documents.
Bid Acceptance: Bids will be accepted from Indian and Non-Indian bidders. Cherokee
Nation reserves the right to reject any and all bids. Cherokee Nation reserves the right to
determine if a bid meets stated requirements, and to award a purchase order for the bid that
is in the best interest of the Cherokee Nation including but not limited to the total cost and
capability of the bidder. Bidders are responsible for any and all costs associated with the
preparation and submission of bids. To be considered, bids must be received by the
specified date and time; any bid received after stipulated date and time will be returned
unopened. No bidder may withdraw their bid within 30 days after proposal due date.
TERO Certification: Indian preference will be given only to bidders who provide proof
of current certification from the Cherokee Nation Tribal Employments Office (TERO)
located in Tahlequah, Oklahoma, telephone number (918) 456-0671. Proof of TERO
certification must accompany and be included in bid submittal.
TERO Requirements: Cherokee Nation TERO Office requirements apply to award of
agreement; including fee of ½ of 1% of contract award. Successful bidder must complete
required TERO paperwork and pay all applicable fees in accordance with the current
Legislative Act for this project. Please contact Cherokee Nation Tribal Employment Rights
Office (T.E.R.O.) at (918) 453-5000 with any questions. The successful bidder must have
fees and all paperwork submitted to TERO for agreement to be considered fully executed.
Wage Rate Requirements: All laborers and mechanics employed by contractors and
subcontractors shall be paid wages at rates not less than those prevailing on projects of
character similar in the locality as determined by the Secretary of Labor in accordance with
the Davis-Bacon Act.
For this project Wage Rate OK20200067 applies.
Laws and Regulations: The bidder's attention is directed to the fact that all applicable
State Laws, municipal ordinances, and the rules and regulations of all authorities having
jurisdiction over construction of the project shall apply to the contract throughout, and they
will be deemed to be included in the contract the same as though written out in full.
Conflict of Interest and Restrictions: If any contractor, contractor’s employee,
subcontractor, or any individual working on the proposed contract may have a possible
conflict of interest that may affect the objectivity, analysis, and/or performance of the
contract, it shall be declared in writing and submitted to Cherokee Acquisition
Management (Attn: Pam Jumper) no later than on or before August 3, 2020 by 5:00 p.m.
The NATION will determine in writing if the conflict is significant and material and if so,
may eliminate the contractor from submitting a proposal.
Verbal Instructions: Interested parties shall not initiate or execute any negotiation,
decision, or action arising from any verbal discussion with any Cherokee Nation employee.
Only written communications from the designated Contact Person at Cherokee Nation may
be considered a duly authorized expression on behalf of the NATION regarding this RFP.
Additionally, only written communications from interested parties are recognized as duly
authorized expressions on behalf of the vendor. The same instructions shall apply to any
subsequent award and agreement communications.
Qualifications of Bidder: The NATION may make such investigations as deemed
necessary to determine the ability of the bidder to perform the work, and the bidder shall
furnish to the NATION all such information and data for this purpose as the NATION may
request. The NATION reserves the right to reject any bid if the evidence submitted by, or
investigation of, such bidder fails to satisfy the NATION such bidder is properly qualified
to carry out the obligations of the contract and to complete the work contemplated therein.
Conditional bids will not be accepted.
Subcontracts: The successful bidder is specifically advised that any person, firm, or other
party to whom it is proposed to award a subcontract under this contract must also be
acceptable to NATION. Any proposed subcontracts must be approved by the NATION,
and the TERO office must be consulted prior to subcontractor being on site to ensure all
appropriate forms, paperwork, and approvals are in place. Successful bidder will be
required to complete the Request for Acceptance of Subcontractor at time of contract
signing if subcontractor to be utilized. All sums due to any suppliers or subcontractors
must be paid or will be paid within ten (10) days of receipt of any money received from
the Cherokee Nation under any executed Agreement.
Method of Award – Lowest Bid That Contains Lowest Most Responsive/Reasonable
Offer From Qualified Bidder: After consideration of price and other factors, the project
will be awarded to the bidder whose bid is determined to be the lowest most
responsive/reasonable offer taking Indian Preference into consideration and in the best
interest of the Nation to accept. Award shall be made under unrestricted solicitations to
the lowest, most responsive/reasonable bid from a qualified economic enterprise or
organization within the maximum total budget price established for the specific project or
activity being solicited in accordance with Cherokee Nation Acquisition Management
Policy & Procedures. Indian/TERO Preference will be given only to bidders who provide
proof of current TERO certification from the Cherokee Nation Tribal Employments Office
(TERO) in accordance with current Cherokee Nation Policy. Proof of TERO certification
must accompany and be included in sealed bid submittal.
Debarment, Suspension, Proposed Debarment, and Other Responsibility Matters:
The responding party certifies to the best of its knowledge and belief that the person, the
firm, or any of its principals are not presently debarred, suspended, proposed for
debarment, or declared ineligible for the award of contracts by any Federal agency or
Indian tribe. The bidder will also certify they have not, within a three-year period
preceding this Request for Proposal, been convicted of or had a civil judgment rendered
against them for: commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (Federal, State, Local or Tribal) contract or
subcontract; violation of Federal or State antitrust statutes relating to the submission of
offers; or commissions of embezzlement, theft, forgery, bribery, falsifications or
destruction of records, making false statements, and are not presently indicted for, or
otherwise criminally or civilly charged by a governmental entity with, commission of any
of the offenses enumerated in this provision. The responding party certifies they have not,
within a three-year period preceding this Request for Proposal, had one or more contracts
terminated for default by a Federal, State, Local or Tribal agency. The responding party
shall provide immediate written notice to the Cherokee Nation if, at any time prior to
contract award, the person learns its certification was erroneous when submitted or has
become erroneous by reason of changed circumstances.
General Information: Cherokee Nation reserves the right to waive any informalities or
to reject any and all bids. Award will be to the lowest most responsible responsive bidder
and will be subject to availability of funds. Indian preference will be given to Contractors
certified as an Indian-Owned firm by the Cherokee Nation Tribal Employment Rights
Office (T.E.R.O.). Proof of certification must accompany all bids. No bidder may
withdraw their bid within thirty (30) days after bid opening date.
A prospective contractor seeking to receive Indian Preference under this contract must be
certified as an Indian-owned firm by the Cherokee Nation Tribal Employment Rights
Office (TERO) and submit proof of that certification with their bid.
Drug Free Workplace and Tobacco Free Workplace: Any Contractor performing work
for the Cherokee Nation agrees to publish a statement notifying all employees,
subcontractors, and other workers that the unlawful manufacture, distribution, dispensing,
possession or use of a controlled substance is prohibited in the Contractor’s workplace and
specifying the actions that will be taken against violators of such prohibition. The
NATION will consider lack of enforcement or lax enforcement of the statement by
Contractor a default of the contract. The Contractor further agrees to provide all persons
engaged in performance of the contract with a copy of the statement. A copy of bidder’s
Drug Free Workplace statement shall be included with the proposal or else the successful
bidder will be deemed to accept and agree to use the statement provided by NATION. The
Contractor understands and recognizes that all Cherokee Nation buildings, whether leased
or owned, and the grounds surrounding those facilities are considered by the Nation to be
a tobacco free workplace. The Contractor will ensure all employees, subcontractors, and
other workers will abide by this policy.
Contractor’s Insurance Requirements: Before performing contractual services on the
behalf of or for the Cherokee Nation, compliance with the following insurance
requirements must be verified:
** Provide an original Certificate of insurance naming the Cherokee Nation as a certificate
holder and additional insured with respect to general liability, automobile liability, and
builders risk policies, as their interest may appear with respect to the operations defined in
this bid packet. The certificate shall reflect that coverage has been placed with an AM Best
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