Certifying Firms as Indian Preference Eligible
The firm will submit an application provided by TERO, the TERO staff will review to determine if the firm meets the criteria outlined in the TERO regulations. Upon completion of review, the TERO Director will submit to the TERO Commission the following recommendation:
- At the outset recommendation to Grant certification with a one-year probationary certification.
- After one-year probationary certification
- Recommend to Grant full certification; OR
- Recommend to continue the probationary certification for up to six months; OR
- Recommend deny certification.
Once a firm is granted certification, the firm’s name is added to the List of Certified Firms.
Indian Preference in Contracting and Subcontracting
Pursuant to the TERO Ordinance 01-85 Section 1104, all entities awarding contracts or subcontractors for supplies, services, labor and materials in the amount of $5,000 or more shall provide Indian preference in contracting and subcontracting to qualified entities that are certified by the TERO Commission as 51% or more of said contract or subcontract is to be performed on the Tohono O’odham Nation and so long as there are certified firms that are technically qualified and willing to perform the work at a reasonable price.
- These requirements DO NOT apply to any contracts awarded directly by the Nation, the Federal government, or State government (For example, Indian preference in contracting does not apply only to the primary contractor where the tribe, federal, State or county government is a direct party. Indian preference in contracting will apply to the subcontracting).
- These requirements DO apply to any contracts awarded by any commercial enterprises of the Nation, tribal programs or division even if said contracts approved by Council, subcontracts awarded by a tribal, federal or State direct contractor or grantee whether or not the prime contract was subject to these requirements and all covered entities on the Nation.
Intake of EEOC Charges for Processing
Where applicable, all employees of a covered employer have a right to file an EEOC charge with the TERO Office. The TERO Office will forward charge to the EEOC for investigation, remediation and/or resolution.
Intake of Complaints Violating the TERO Ordinance 01-85 and Wage Scale
Where applicable, all employees of a covered employer have a right to file a complaint violating the TERO Ordinance 01-85.
TERO may conduct public or private investigations on the Nation to determine whether any covered employer or other covered entity has violated any provisions of this Ordinance or any rule or order.
Failure to comply with the TERO Ordinance 01-85 may warrant the following sanctions:
- Deny such party the right to commence business on the Nation;
- Impose a civil fine on such party in an amount not to exceed $500 for each violation;
- Suspend such party’s operation on the Nation;
- Terminate such party’s operation on the Nation;
- Deny the right if such party to conduct any further business on the Nation;
- Order the party to take such other action is necessary to ensure compliance with this Ordinance or to remedy any harm caused by a violation of this Ordinance.