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Focus Discussion:Working with a Contractor

Chris Lee, TAMS Center

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Presentation Outline

Primary job scope description/RFP

Looking for and selecting a contractor

Interviewing contractor

Contract/service agreement

Other helpful hints

Presentation to tribal council

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Primary Job Scope Description – Request for

Proposal (RFP)Define goals and objectivesObjectives should be general

Allows amendments after contractor interview

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How To Find a Contractor

Check contractor references with other tribes

Ask your EPA Program Manager

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Once you’ve found a few…

Review contractor qualifications

**Try to find contractor with tribal government experienceMost handle a wide range of environmental projects

Interview competing contractorsPrice comparison

Cheapest not always best choice

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Selecting the Best Contractor

Contractor should meet with legal department

Tribal government procurement guidelines

Tribal Employment Rights Organization (TERO)

Protection of culturally sensitive material

Freedom of Information Act

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Selecting Best Contractor (cont.)

• Interviewing contractor– Redefine EI goals– Discuss all objectives– Set requirements for quality

control– Request QAPP from contractor– Ensure

• Funding is clear• Subject matter covered in project

is clear

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QA/QC Considerations

• Request copy of contractor’s QA/QC procedures

– Separate formal EI QAPP is an EPA requirement

– EI QAPP may add to cost

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Contract/Service Agreement Provisions

• Be sure contract outlines specific deliverables sought from contractor

• Tribes may have general “Professional Services Agreement” contracting format– Outlines general tribal contracting

requirements with “Statement of Work” as attachment detailing specific project details and deliverables

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Contract/Service Agreement Provisions

(cont.)• Be sure contract has “failure to

comply/perform” provision

– Helps to keep the contractor focused on the purpose/deliverable of the agreed-upon scope of work

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• Proprietary ownership of data– Be sure contractor understands

data belongs to tribe– Tribal council usually reviews

data before forwarding to U.S. EPA

Contract/Service Agreement

Provisions (cont.)

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Dedicated Personnel

• Maintain close contact with contractor– Monthly/quarterly/regular updates

– Helps tribe and contractor avoid misunderstandings during work

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Meeting Tribal Council• You make introduction to council

• Allow contractor to

– Present scope of work

– Express willingness to complete work as outlined, within specified time limit

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Final Thoughts

• Choose contractor with whom you feel comfortable

• Remain in close contact with contractor

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Questions/Comments