Natural Resources THPO office is seeking qualified Tribal Monitors for contracting. 

 

Process for Contracting Tribal Monitors

The circumstances to purchase and contract a Tribal Monitor is unique in that it requires a certain skill set and that the Vendor meets the following standards and conditions:

  1. I.STANDARDS AND CONDITIONS:
  2. Proves they are an enrolled member of a federally recognized Tribe;
  3. Demonstrates they are knowledgeable of ancient Anishinabe tools, weapons, clothing and ceremonial items;
  4. Demonstrates they are knowledgeable of ceremonial burial bundles and past burial practices of varying Tribes known to inhabit this area;
  5. Demonstrates they are knowledgeable of the type of soil anomaly that indicates a burial site is just below the surface;
  6. Proves they have successfully completed an Excavation Monitoring Training and/or Archeological Para-Professional Training;
  7. Proves they have the capacity to travel to job sites;
  8. Demonstrates they can traverse across rugged terrain on foot for one mile or more to a job site and stand for considerable, yet reasonable, amounts of time in various weather conditions;
  9. Proves they have the proper field foot wear, safety gear, clothing, and capacity to document site conditions while standing in construction field conditions, during various weather conditions;
  10. Demonstrates they have ability to complete daily field documentation forms to record necessary observations;
  11. Provides a completed W-9 tax form;
  12. Does not have a poor performance evaluation from previous services provided.
    1. II.ELIGIBILITY:
    2. III.NOTIFICATION:
    3. IV.SELECTION:
    4. V.DRUG TESTING:

Tribal Monitors shall be named as additional insureds under the applicable company’s general or professional liability insurance policy and automobile liability insurance for each vehicle used in the performance of the work.

Services for Tribal Monitoring cannot be selected through competitive price bidding because payment for those services is based upon a fixed fee schedule for services that is provided to companies when the THPO Office works in the capacity as a Private Consultant and provides those services to companies.

There is only a limited number of individuals that can meet the above criteria in this immediate area.

In some cases, a Tribal Monitor is required in public emergencies, such as emergency pipeline digs, and must be contracted immediately.

For those reasons, contracting for Tribal Monitors is eligible to be done by Non-Competitive Negotiation as described in the Tribal Procurement Policy #150; Selection Procedures: (v.) (Exhibit-A), and a Request for Bids is not feasible nor a reasonable practice, considering the circumstances.

An individual is eligible to be contracted as a Tribal Monitor if they provide all the necessary documentation described in the above-mentioned Criteria in Section I. above. If an individual cannot provide documentation to support their status as listed, or, be able to demonstrate any one of the above listed criteria, individuals will not be considered, and should not attempt to apply.

An individual who is a current employee of the Tribe is eligible to be contracted as a Tribal Monitor if employment as a Tribal Monitor does not in any way interrupt or impair their efficiency as an employee (see provision TG105.02 of the Bad River Band’s Employee Handbook). Approval from an employee’s supervisor must be obtained prior to the employee being scheduled for a Tribal Monitoring project. Failure for obtaining this supervisor approval will result in termination of the contract. An individual who is a current employee of the Tribe must punch out when applying to be a Tribal Monitor or when completing Tribal Monitoring work.  

Notification of Tribal Monitoring Contracting will be sent by the Human Resources Department via email to the Tribal internal email system for Programs and Businesses to post in all Community public areas. Notification will also be sent to the Tribal Web-site, as well as, other social media outlets such as, Tribal Newsletters and Facebook Bad River Community Posting Board to notify individuals who may meet the standards and conditions of a Tribal Monitor that the selection and contracting process is open for their consideration. Individuals need to contact the Human Resources Office at (715) 682-7111, extension 1522 OR extension 1520 to set-up an appointment to supply documentation and demonstrate their capacity, which will include successful completion of a questionnaire. Any individual who set-ups an appointment with the Human Resources Office and provides the necessary documentation by 4:30 p.m. on December 17, 2018, will be given preference for selection, provided they meet the standards and conditions.

After the Human Resources Manager, THPO and NRD Director review documentation to support the individual’s eligibility, they will select approved vendors for contracting in the order they had submitted their complete documentation. Tribal Monitors meeting the standards and conditions described in Section 1 will be selected for contracting upon joint approval of the Human Resources Manager, THPO and the Bad River Natural Resource Department (NRD) Director, in accordance with the Tribal Procurement Policy #150; Selection (v.). A maximum of twenty (20) qualified Tribal Monitors will be contracted. Any remaining qualified Tribal Monitors will be placed on a waiting list and will be contracted if necessary. Preference for selection will be given to those individuals meeting the conditions in Section III: Notification.

An individual who is a current employee of the Tribe is eligible to be contracted as a Tribal Monitor if their employment as a Tribal Monitor does not in any way interrupt or impair their efficiency as an employee (TG105.02 of the Bad River Band’s Employee Handbook). A tribal employee needs advance approval of absence from their position in order to be scheduled as a Tribal Monitor.

The following evaluation rubric will be used to select Tribal Monitors:

Criteria

Points

5

4

3

2

1

0

Total

Enrolled member of a Federally recognized tribe (Sec. I.1)

             

Field Experience (Sec. I.2-1.4)

             

Documentation of Certification (Sec. I.5)

             

Physical attitude (Sec. I.7)

             

Gear (Sec. I.8)

             

Insurance (Sec. I.10)

             

Drug Test (Sec. V)

             

Availability (Sec. I)

             

Length of Tribal Monitoring Experience

             

Does not have a Poor Performance Evaluation (Section 1.12)

             

TOTAL SCORE

 

After a Tribal Monitor is selected, THPO staff will submit completed Purchase Orders for execution to secure the purchase of selected Tribal Monitors. Selected Tribal Monitors will be contracted for no more than $9,999.00 on a cost-reimbursable basis for actual hours worked and appropriate mileage, per diem, and lodging in accordance with the THPO Fee Schedule of Services (Exhibit-B).

Upon receipt of a fully executed Purchase Order, THPO Staff will contact individuals to discuss the terms of their contract, which includes their authorization for Visual Drug Testing.

Since the work of Tribal Monitors requires them to work in close proximity to a variety of heavy equipment, and, places Tribal Monitors in sometimes precarious terrain or locations, safety is always of major concern for the welfare of the Tribal Monitor, and others on the work site. Tribal Monitors under the influence of illicit drugs, alcohol, or, using excessive doses of prescription drugs while working as a Tribal Monitor, is cause for termination of their contract.

Mandatory Drug Testing is a condition of contracting for a Tribal Monitor position. Drug testing will be conducted at the Bad River Tribal Lab at the beginning of a Tribal Monitor’s contract, and randomly and periodically thereafter. A Tribal Monitor is responsible to pay the initial drug testing fee of $75 for each new contract; payment must be made at the time of the test. All Tribal Monitors will be required to complete the initial drug test regardless of if they have completed a drug test recently as an employee of the Tribe. THPO will cover the costs of the random and periodic drug testing that will be required.

Should the individual refuse to authorize for the drug test, or, be found to be using a device to alter their drug test, they will be immediately removed from consideration for contracting. The individual can, however, be considered for contracting at a later date should they provide the authority to subject themselves to drug testing, at a later date, but still within the same fiscal year.

  1. VI.CONTRACTING:
  2. VII.TRACKING TRIBAL MONITOR CONTRACT EXPENDITURES:

After discussion of the terms of the vendors contract, and upon receipt of a passing drug test from the Bad River Lab, a recommendation to contract will be decided upon between the THPO, Human Resources Manager, and NRD Director, and contracts will be drawn up and executed by all parties involved and reviewed by the Legal Department, prior to acquiring the Tribal Chairman’s authorization.

Once the Tribal Chairman’s authorization is acquired, the contract is scanned by Accounting Procurement staff and returned to the THPO Office for implementation. A digital and hard copy of the Contract is kept by the THPO Office and secured within their locked central file, a digital copy is kept by the NRD Administrative Assistant, to be stored in a secure computer location and made visible only to the NRD Administrative Assistant and NRD Director.

HIPAA regulatory authority is adhered by all parties responsible for the storage and viewing of contract files.

When the contract terms are fulfilled, or the Purchase Order price has been reached, the contract will be considered fulfilled and terminated. The THPO will then be responsible for developing the Vendor Evaluation Sheet for review by Accounting Procurement staff, prior to issuance of the final payment.

Once contracted, Tribal Monitors may be re-contracted within a fiscal year, provided they do not receive a poor performance indicated in the final Vendor Performance Evaluation Form.

Poor performance during the course of a contract term can also be reason to terminate a Tribal Monitor Contract. Upon termination of a contract for any reason, the final payment will be withheld until the THPO completes the Vendor Performance Evaluation Form.

The Vendor and Bad River staff are both responsible for tracking contract expenditures. THPO staff will develop a satellite account to monitor the spending for each Tribal Monitor and document the costs for each job, for billing and recoupment purposes. Tribal Monitors will not be compensated for exceeding the terms or costs of the contract. Notification from the THPO Office shall be given to the Vendor when approaching the final $1,000 remaining in the Contract. Work hours and applicable mileage, per diem and lodging will not be scheduled to exceed the terms and price of the contract.

Each column represents separate jobs that the Monitor works on to enable easy invoicing for recoupment of expenses. It also recognizes whether a Monitor has worked multiple sites in one week.