4-90-060 Dispute Resolution

(1) General. It is the Nation’s policy to resolve all procurement and contractual issues timely and informally at the Tribal level without litigation.

(a) An unsuccessful bidder or offeror may file a written complaint (or protest) with the Contract Representative within 10 calendar days from the date of Nation’s notice to the unsuccessful bidder or offeror or from the date of the action (or omission) upon which the complaint is based. The complaint must be signed and shall detail the basis of the complaint. No untimely or oral complaint will be considered.

(b) The Nation will not suspend contract performance or terminate the award of the contract unless the Nation determines, in its sole discretion, that it appears likely that the contract award will be invalidated and that a delay in receiving the supplies or services will not be prejudicial to Nation’s interests.

Upon receipt of a complaint, the Contract Representative shall promptly stamp the date and time of receipt on the complaint, and immediately send acknowledgment of receipt of the complaint and inform the Finance Grant Compliance Officer who is the designated authority to review and resolve bid protests under this policy.

(c) Within five business days of receipt of a complaint, the Finance Grant Compliance Officer shall meet, or communicate by mail or telephone, with the complainant in an effort to resolve the matter. The Finance Grant Compliance Officer shall make a determination on the complaint within 10 business days of Nation’s receipt of the written complaint. The decision of the Finance Grant Compliance Officer is the final decision for the Nation.

(d) A complainant must exhaust all administrative remedies with the Nation before pursuing a protest with the applicable funding source.

(e) Reviews of complaints by the funding source will be limited to:

(i) Violations of Federal or relevant law or regulations and the standards of this section; and

(ii) Violations of the Nation’s complaint procedures for failure to review a complaint or protests.

(f) Violations of Tribal law will be under the jurisdiction of the Samish Indian Nation.

(3) Contract Claims and Disputes. All claims by a contractor relating to performance of a contract shall be submitted in writing to the Finance Grant Compliance Officer, who will immediately acknowledge receipt of the complaint. The contractor may request a conference on the claim. The decision of the Finance Grant Compliance Officer is the final decision for the Nation.

(4) Protests Involving Indian Preference. Complaints arising out of any of the methods of providing for Indian preference shall be handled in accordance with procedures in 24 CFR 1000.54. [Res. 2021-02-015 § 2 (Att. 1), 2021.]