Pre-Procurement Activities “This is a nice piece of Rez ! What can we build here?”

1. Pre-Procurement Activities“This is a nice piece of Rez! What can we build here?” Presented by: Luralene Tapahe, Assistant Attorney General Economic & Community Development Unit Navajo Nation Department of Justice June 25, 2009

2. Hmm? After the community decides to proceed witha Project, what needs to happen first – before we caneven think about getting an architect to design, or a contractor to build, the Project?

3. Hey! Where you gonna put us?

4. Pre-Procurement Activities (PPAs)!

5. Who should do “PPAs”?

6. PPAs should be performed primarily by Chapters, with the technical assistance of the LGSCs, Capital Improvement Office, the State funding agency that provided funds for the Project, and/or some limited assistance from the Lead Agency.

7. Why are PPAsso important?

8. Because all necessary PPAs must be completed beforeactual Procurement for a contract can begin!

9. remember that completion of PPAstakes BEESO! • Do not expect that the entire amount of funding available can be spent on the actual construction of the Project. • The Chapter may need to scale down the original concepts and plans for the Project, given the funding limitations.

10. What are PPAs?

11. Secure land free and clear via land withdrawal or other method, factoring in utilities, access roads and additional acreage to be used if necessary. “Naw, we can’t build it there, Gramma Bullygoat will never sign the consent form.”

12. 2. Secure a comprehensive legal description of the site for the facility, including any existing land use rights of other parties such as rights-of-way or other easements, if any.

13. 3. Obtain land survey information, with comprehensive site data.

14. 4. Obtain evaluation of existing site conditions, any and all site development requirements, subsoil investigation & test results, including soil and water retention & drainage, fill requirements, and erosion control.

15. 5. Determine building & site material requirements and all required quality construction standards, quality assurance and quality control requirements.

16. Take into account any desired aesthetic considerations for the building. Is the design compatible with existing facilities, if any? • Make a description of planned and potential uses for the proposed facility, the conceptual criteria for project, and a schematic design and drawing. “Don’t forget about me!”

17. Determine needs for furniture, fixtures, and any special equipment. • Determine electrical, HVAC, plumbing/fresh & waste water/septic system requirements.

18. Determine the cost for all phases of the project; available and projected funding; budget estimates including available funding. • 11. Determine schedules, milestones, critical dates.

19. 12. Determine what special codes, regulations, ordinances, statutes, and permitting requirements apply to the project.

20. 13. Determine the availability of utilities, any additional land use necessary for utilities infrastructure, and what parties will have responsibility for the costs of utilities.

21. 14. Determine necessary turnouts, access roads, parking and landscaping requirements.

22. Determine any future expansion requirements. • Determine what existing contracts, if any, are to be utilized . . . . .

23. 17. Do your best “due diligence” to find out if there are other applicable requirements or considerations that must be taken into account for the project.

24. For further assistance or any questions regarding Pre-Procurement Activities, please contact  your local LGSC, the Navajo Nation Capital Improvement Office, or the State funding agency that provided funds for the Project.   If you need further assistance from the Department of Justice, I can be reached by email at: sqktapahe@yahoo.com or by telephone at: (928) 871-6933 This Presentation will also be available on the Navajo Nation's ARRA website: www.nnrecovery.navajo.org “What?! We can’t eat here no more? Yaa da la!”