1106 Procurement Policy

(A) The Chief shall have the authority to establish and modify a written procurement policy for the Department of Health and/or its subdivisions. Any modification to an existing procurement policy for the Department of Health shall be provided to the Council within thirty days of approval by the Chief.

(B) Any procurement policy for the Department of Health approved by the Chief shall include the following provisions:

(1) Notwithstanding any other procurement policy or resolution adopted by the Tribe, the Department of Health is authorized to negotiate, execute and otherwise conclude, and administer contracts and agreements in accordance with appropriated funds as follows:

(a) Operational Contracts: for goods and services, including those with state and federal agencies ("intergovernmental agreements"), that are necessary to maintain operations, services, and to comply with Centers for Medicare and Medicaid Services ("CMS") conditions of participation (collectively, "Operational Contracts"); and,

(b) Revenue Contracts: with insurance providers, third-party administrators, and other similar type of patient benefit providers that are necessary for the Department of Health to submit claims and receive payment for services (collectively, "Revenue Contracts").

(2) The Tribe's liability for an Operational Contract or Revenue Contract entered pursuant to this Act shall not exceed, and sovereign immunity is not waived for, an amount greater than the Tribe's applicable insurance coverage or the total value of the contract, whichever is lower; provided, that the Department of Health shall provide the Council and Chief with an annual written report detailing the number of contracts entered into that included a waiver of sovereign immunity including the purposes and terms of each waiver.

(3) On a semi-annual basis, the Department of Health shall provide a summary of all current Operational and Revenue Contracts, which shall include a description of the type of services provided under the contract, the total and annual amount of the contract, the duration of the contract, and a current revenue and expenditure report, to the Chief and Council.