Title
AN ACT AMENDING TITLE 15 OF THE CHEROKEE NATION CODE ANNOTATED
Body
BE IT ENACTED BY THE CHEROKEE NATION:
Section 1. Title and Codification
This act shall be known as “The Contract Publication Act Amendment of 2024” and shall be codified in Title 15, Chapter 1, Section 3 of the Cherokee Nation Code Annotated.
Section 2. Purpose
The purpose of this Act is to enhance accountability and align the Nation’s reporting practices with federal standards through the adoption of the Simplified Acquisition Threshold, as established by the Federal Acquisition Regulation, to reduce administrative burdens, enhance efficiency, and ensure consistency.
Section 3. Legislative History
LA-20-03
Section 4. Substantive Provisions
Title 15, Chapter 1, Section 3 shall be amended as follows:
§ 3. Reports relating to contracts
A. Each Executive Director of a Department The Director of Purchasing of the Cherokee Nation shall submit to the Treasurer, by November 1 of each year, a report listing all acquisitions where the total value of the contract exceeds exceeding Five Thousand Dollars ($5,000.00) of the Department the Simplified Acquisition Threshold, as established and periodically adjusted by the Federal Acquisition Regulation, for the preceding fiscal year which will include the following information:
1. Professional service contracts;
2. Nonprofessional service contracts; and
3. Contracts for the leasing of property including real property contracts and any lease agreements for products or equipment.
B. The report shall contain:
1. The name of the supplier;
2. A description of each acquisition;
3. The purchase price of the acquisition; and
4. The total amount expended to date for the preceding fiscal year for the acquisition.
C. The report shall specifically identify sole source, sole brand acquisitions, and acquisitions by TERO vendors.
D. The Executive Director of Purchasing the Department of the Cherokee Nation shall submit the report to the Treasurer and to the Office of the Controller. The Executive Director of any DepartmentTreasurer shall submit the report to any Member of the Cherokee Nation Council if a Member so requests.
E. The Secretary/Treasurer shall review the report for compliance with statutes and rules or other provisions of law applicable.
F. All contract awards given by the Cherokee Nation to individuals, businesses or agencies where the total value exceeds over One Hundred Thousand Dollars ($100,000.00) the Simplified Acquisition Threshold, will be published annually in January on the Cherokee Nation website and in the Cherokee Phoenix.
Section 5. Provisions as cumulative
The provisions of this act shall be cumulative to existing law.
Section 6. Severability
The provisions of this act are severable and if any part of provision hereof shall be held void the decision of the court so holding shall not affect or impair any of the remaining parts or provisions of this act.
Section 7. Effective Date
It being immediately necessary for the welfare of the Cherokee Nation, the Council hereby declares that an emergency exists, by reason whereof this Act shall take effect and be in full force immediately upon its passage and approval.
Section 8. Self-Help Contributions
To the extent that this Act involves programs or services to citizens of the Nation or others, self-help contributions shall be required, unless specifically prohibited by the funding agency, or a waiver is granted due to physical or mental incapacity of the participant to contribute.