[Amended 12-11-2017 by Ord. No. 7420]
B.
Purpose. The purpose of this chapter is to provide for fair and equitable
standards and processes for purchasing by the City, to maximize the
value of public funds in procurement, and to provide safeguards for
maintaining a procurement system of quality and integrity.
C.
Application. This chapter applies to contracts for the procurement
of supplies, services, and construction. It shall apply to all expenditures
of public funds within the scope of this chapter irrespective of the
source of the funds. When the procurement involves an expenditure
regulated by Illinois law, by federal regulations, or by another regulatory
agency with jurisdiction over the expenditure, the procurement shall
be conducted as required by applicable laws and regulations. Nothing
in this chapter shall be construed to prohibit the City from complying
with the terms of a grant or gift.
D.
Public access to procurement information. Procurement information
shall be a public record to the extent provided in the Freedom of
Information Act and shall be available to the public as provided in
such statute.
A.
Establishment of position. There is hereby established the position
of Procurement Officer.
B.
Authority. Except as otherwise provided in this chapter or elsewhere
in this Code, the Procurement Officer shall serve as the principal
public purchasing official for the City and shall be responsible for
the procurement of supplies, services, and construction in accordance
with this chapter.
C.
Appointment; service; removal. The City Manager shall be responsible
for the appointment of the Procurement Officer. The Procurement Officer
shall serve "at will." The City Manager shall be responsible for the
removal of the Procurement Officer.
D.
Duties. In accordance with this chapter, and subject to the supervision
of the City Manager, the duties of the Procurement Officer are:
(1)
To procure or supervise the procurement of all supplies, services,
and construction needed by the City.
(2)
To seek the highest quality in supplies and contractual services
at the least expense to the City.
(3)
To manage the procurement process.
(4)
To enforce written specifications describing the standards established
in conformity with this chapter.
(5)
To keep informed of current developments in the field of purchasing,
prices, market conditions, and new products, and to secure for the
City the benefits of research done in the field of purchasing by other
governmental jurisdictions, national technical societies, trade associations
having national recognition, and by private businesses and organizations.
(6)
To prescribe and maintain such forms as are necessary to the operation
of this chapter.
(7)
To prepare and adopt a standard purchasing nomenclature for using
agencies and suppliers.
(8)
To engage in consolidated purchases when available and appropriate,
for the purpose of maximizing the value of City expenditures.
(9)
To preserve the integrity of the procurement system.
(10)
To establish and maintain programs for specifications development
and contract administration, inspection, and acceptance, in cooperation
with other public agencies using the supplies, services, and construction.
(11)
To investigate all possibilities of cooperating in a joint purchasing
program with other governmental units in order to obtain lower prices
through bulk purchases.
(12)
To confer regularly with the City Manager about the matters
being undertaken by the Procurement Officer.
E.
Operational procedures. Consistent with this chapter, and with the
approval of the City Manager, the Procurement Officer must adopt operational
procedures relating to this chapter.
F.
Delegation to other City officials. The City Manager may delegate
authority to purchase certain supplies, services, or construction
items to other City officials, if the City Manager determines that
the delegation is necessary for the effective procurement of those
items.
The City Manager and Director of Finance are authorized to enter into contracts on behalf of the City as provided in this section as well as Chapter 118, Signing Authority. City Council approval is required for contracts that are not within the approval authority of the City Manager or Director of Finance. Unless provided otherwise by this Code or specially authorized by law, the methods set forth in Subsections A (Competitive bidding), B (Competitive proposals), C (Small purchases), D (Sole-source procurement), E (Emergency procurements), and F (Pass-Through Contracts) of this section shall apply to contracts.
A.
Competitive bidding. Contracts shall be awarded by competitive bidding
except as otherwise provided in this chapter.
(1)
Invitation for bids. An invitation for bids shall be issued and shall
include specifications and all contractual terms and conditions applicable
to the procurement.
(2)
Public notice. Public notice of the invitation for bids shall be
given within a reasonable time, not less than 10 calendar days prior
to the date set forth therein for the opening of bids. The Procurement
Officer shall designate a means of distribution of information to
interested parties using methods that are reasonably available. Such
methods may include publication in newspapers of general circulation,
electronic or paper mailing lists, and web sites designated and maintained
for that purpose. The notice shall state the place, date, and time
of bid opening.
(3)
Sealed bids. Bids must be submitted in sealed envelopes, for opening
only at the time and place designated in the invitation for bids.
(4)
Bid opening. The sealed bids shall be opened publicly in the presence
of one or more witnesses at the time and place designated in the invitation
for bids. The amount of each bid, other information the Procurement
Officer deems relevant and appropriate, and the name of each bidder
shall be announced and recorded. The record shall be open to public
inspection.
(5)
Bid evaluation and acceptance. Bids shall be evaluated based on the
requirements set forth in the invitation for bids, which may include
criteria to determine acceptability such as expertise, experience,
management skills, staffing, references, inspection, testing, quality,
workmanship, delivery, and suitability for a particular purpose. Those
criteria that will affect the bid price and be considered in evaluation
for award shall be objectively measurable, such as discounts, transportation
costs, and total or life-cycle costs. The invitation for bids shall
set forth the evaluation criteria to be used.
(6)
Correction or withdrawal of bids.
(a)
A bid may be withdrawn at any time before the bid opening by
written or electronic notice received in the office designated in
the invitation for bids prior to the time set for bid opening. Any
modification prior to the bid opening must be submitted in a sealed
envelope prior to the scheduled opening of the bid.
(b)
The correction or withdrawal of inadvertent errors in a bid
after the bid opening, or the cancellation of an award or contract
based on an error in a bid, may be permitted only when the City has
determined that it is appropriate. After the bid opening, no change
in a bid price or other provision of a bid will be permitted if the
City determines that the change would be prejudicial to the interest
of the City or to fair competition. In lieu of a bid correction, a
low bidder alleging a material mistake of fact may be permitted to
withdraw its bid if:
(c)
All decisions to permit the correction or withdrawal of bids,
or to cancel awards of contracts based on bid mistakes, shall be supported
by a written determination made by the Procurement Officer.
(7)
Award. The contract shall be awarded with reasonable promptness by
appropriate written notice to the lowest responsive and responsible
bidder whose bid meets the requirements and criteria set forth in
the invitation for bids and is determined to be in the best interests
of the City (the "most responsible bid"). In the event the most responsible
bid exceeds available funds, the Procurement Officer is authorized,
when time, economic considerations, or other exigencies preclude re-solicitation
of work of a reduced scope, to negotiate an adjustment of the most
responsible bid in order to bring the bid within the amount of available
funds.
(8)
Two-step competitive bidding. When it is considered impractical to
prepare initially a purchase description to support an award based
on price, a two-step bidding process may be used. Two-step competitive
sealed bidding is a combination of competitive procedures designed
to obtain the benefits of sealed bidding when adequate specifications
are not available. The objective of two-step sealed bidding is to
permit the development of a sufficiently descriptive and not unduly
restrictive statement of the City's requirements, including adequate
technical requirements, so that subsequent acquisitions may be made
by conventional sealed bidding. This method is especially useful in
acquisitions requiring technical proposals. The two-step competitive
sealed bidding procurement method is designed to obtain the benefits
of competitive sealed bidding by award of a contract to the lowest
responsive, responsible bidder while also obtaining the benefits of
the competitive sealed negotiation procedure through solicitation
of technical offers and the conduct of discussions to arrive at technical
offers. The City may request additional information from bidders to
clarify material contained in their technical proposals. Such requests
for additional information should always occur before the priced bids
are considered.
(9)
65 ILCS 5/8-9-1 provides a mechanism for the waiver of public bidding.
Notwithstanding the foregoing requirements of this chapter, any such
contract may be entered into by the proper officers without advertising
for bids, if authorized by a vote of two-thirds of all Council members
then holding office.
B.
Competitive proposals. Solicitation of competitive proposals is a
procurement option allowing the award to be based on an evaluation
process using stated criteria to arrive at a contract that will be
the most advantageous to the City.
(1)
Competitive proposals, typically solicited through a request for
proposals (RFP), may be practical when the Procurement Officer determines
that the use of a competitive bidding process either is not practicable
or otherwise is not advantageous to the City, and one or more of the
following conditions, or similar conditions, exist:
(a)
The contract needs to be other than a fixed-price type.
(b)
Oral or written discussions may need to be conducted with proposers
concerning technical and price aspects of their proposals.
(c)
The work is highly specialized or otherwise requires extraordinary,
defined skills or experience in a particular area not generally available.
(d)
Proposers may need to be afforded the opportunity to revise
their proposals, including prices.
(e)
Award may need to be based upon a comparative evaluation, as
stated in the RFP, of differing price, quality, and contractual factors
in order for the City to determine the most advantageous proposal.
Quality factors may include technical and performance capability and
the content of the technical proposal.
(f)
Important criteria other than price will be considered in determining
an award.
(2)
General RFP process. Proposals generally shall be solicited through
an RFP as follows:
(a)
Public notice of the request for proposals shall be given at
least 10 calendar days before the proposals are due.
(b)
Submission of proposals. Proposals must be submitted in sealed
envelopes. All proposals shall be handled so that the identity of
the proposers and the contents of the proposals remain confidential
during the process of negotiation. A register of proposals shall be
prepared containing the name of each proposer, the number of modifications
to a proposal received, if any, and a description sufficient to identify
the item offered. The register of proposals shall be open for public
inspection only after the conclusion of negotiations and award of
a contract.
(c)
Evaluation factors. The request for proposals shall state the
relative importance of price and other evaluation factors.
(d)
Discussion with responsible proposers and revisions to proposals.
As provided in the request for proposals, discussions may be conducted
with responsible proposers who submit proposals determined to be reasonably
susceptible of being selected for award for the purpose of clarification
to assure full understanding of, and conformance to, the solicitation
requirements. Proposers shall be accorded fair and equal treatment
with respect to any opportunity for discussion and revision of proposals,
and such revisions may be permitted after submissions and prior to
award for the purpose of obtaining best and final offers. In conducting
discussions, there shall be no disclosure of the identity of competing
proposers or of any information derived from proposals submitted by
competing proposers.
(e)
Award. Award shall be made to the responsible proposer whose
proposal is determined to be the most advantageous to the City, taking
into consideration price and the evaluation factors set forth in the
request for proposals. The contract file shall contain the basis on
which the award is made.
C.
Small purchases. A "small purchase" is defined as a single, complete
purchase, the price of which is less than $25,000. Any purchase or
contract for purchase for which the total price is $25,000 or more
is not a small purchase and may not be classified as a small purchase
merely by making the purchase in installments or by otherwise dividing
the purchase. A small purchase may be made in accordance with the
small purchase procedures authorized in this subsection.
(1)
Purchases greater than $15,000 but less than $25,000. Insofar as
it is practical, the City shall allow three business days for the
submission of written quotations by vendors for purchases greater
than $15,000 but less than $25,000. The City Manager and Director
of Finance shall approve the purchase from the vendor with the lowest
responsive, responsible quotation that is in the best interest of
the City. Quotations shall be in writing and authenticated by an appropriate
officer of the vendor. A quotation shall include, at a minimum, the
name of the vendor, the date, the description of the items offered,
and the total amount of the quotation. The quotation shall be made
part of the purchase record.
(2)
Purchases greater than $5,000 but not more than $15,000. Insofar
as it is practical, the City shall allow three business days for the
submission of written quotations by vendors for purchases greater
than $5,000 but not more than $15,000. The City Manager and Director
of Finance shall approve the purchase from the vendor with the lowest
responsive, responsible quotation that is in the best interest of
the City. Quotations shall be in writing. A quotation shall include,
at a minimum, the name of the vendor, the date, the description of
the items offered, and the total amount of the quotation. The quotation
shall be made part of the purchase record.
(3)
Purchases not more than $5,000. The City Manager, with the advice
of the Procurement Officer, shall adopt operational procedures for
making purchases of $5,000 or less. Those operational procedures shall
provide for obtaining adequate and reasonable competition for the
supply, service, or construction being purchased.
D.
Sole-source procurement. A contract which would otherwise require
competitive bidding under this chapter or this Code may be awarded
without competitive bidding when the Procurement Officer determines
in writing submitted to the City Manager, after conducting a good
faith review of available sources, that one source for the required
supply, service, or construction item is in the best interest of the
City. The Procurement Officer, or his/her designee, shall conduct
negotiations as appropriate as to price, delivery, and terms. A record
of sole-source procurements shall be maintained as a public record
and shall list each contractor's name, the amount and type of
each contract, a listing of the item(s) procured under each contract,
and the identification number of each contract file. If a contract
exceeds the established expenditure limit, then the City Council must
authorize the contract.
E.
Emergency procurements. Notwithstanding any other provisions of this
chapter or this Code, the City Manager may make, or authorize the
Procurement Officer and others to make, emergency procurements of
supplies, services, or construction items when there exists an immediate
threat to public health, welfare, or safety. An emergency procurement
must be made with as much competition as is practicable under the
circumstances. A written determination of the basis for the emergency
and for the selection of the particular contractor shall be included
in the contract file. As soon as practicable, a record of each emergency
procurement shall be made, including the contractor's name, the
amount and type of the contract, a listing of the items procured under
the contract, and the identification number of the contract file.
F.
Pass-through contracts are contracts that are entered into by the
City, where City obligations for payment pursuant to such contracts
are paid entirely by other entities or persons. Except as may be required
pursuant to the provisions of 65 ILCS 5/8-9-1, the City Manager, or
his/her designee, may award and execute all pass-through contracts,
regardless of price, for supplies, equipment, services or construction
which are funded entirely by non-City entities or persons without
the expenditure of City funds or commitment to future City funds,
provided that prior to the execution of the contract a commitment
for payment from the funding source is obtained through a funding
agreement or a deposit and reimbursement agreement.
G.
Responsibility of bidders and proposers. If a bidder or proposer
that otherwise would have been awarded a contract is found unresponsive
or irresponsible (collectively "unqualified"), then the determination
of "unqualified" shall be made in writing by the Procurement Officer,
setting forth the basis for the finding. The failure of a bidder or
proposer to supply information promptly in connection with an inquiry
from the City with respect to responsibility may be grounds for a
determination of unqualified. The determination shall be made part
of the contract file and be made a public record.
H.
Bid and performance bonds on supply or service contracts. Bid bonds,
labor and materials payment bonds, and performance bonds or other
security may be requested for supply contracts or service contracts
as the Procurement Officer, in consultation with the appropriate department
head or City Manager, deems advisable to protect the City's interests.
All bonding requirements should be established in the bid or solicitation
documents. Bid bonds, labor and materials payment bonds, and performance
bonds or other security may not be used as a substitute for a determination
of a bidder's or proposer's responsibility.
I.
Cancellation of invitations for bids or requests for proposals. The
City may cancel an invitation for bids, a request for proposals, or
any other solicitation and may reject any or all bids or proposals
in whole or in part, when that cancellation or rejection is in the
best interests of the City. The reasons for cancellation or rejection
shall be made part of the contract file. Each bid issued or solicitation
made by the City should state that the bid or solicitation may be
cancelled and that any bid or proposal may be rejected in whole or
in part. The City shall attempt to send notice of cancellation to
all potential bidders or proposers. The City shall provide the reason
or reasons for cancellation or rejection at the request of an unsuccessful
bidder or proposer.
The City may use any form or type of contract that is, in the
City's judgment, appropriate for the procurement and that will
promote the best interests of the City. Contracts are subject to the
following conditions and limitations:
A.
Multi-term contracts.
(1)
Specified term. Unless otherwise provided by law, a contract for
supplies or services may be for any stated term determined by the
City. The term, and any renewal or extension options and the conditions
of those options, must be included in the bid or solicitation documents.
Funds for the term or any renewal or extension must be available prior
to the commencement of the term, renewal, or extension.
(2)
Cancellation due to unavailability of funds. When funds have not
been appropriated or otherwise made available to pay the costs of
performance for any term, renewal, or extension, then the contract
must be allowed to expire or be cancelled.
B.
Multiple-source contracting. Multiple-source contract awards shall
not be made when a single award will meet the City's needs without
sacrifice of economy or service. Multiple-source contracts shall not
be made for the purpose of dividing the work or business, or for creating
the opportunity for contract awards based on criteria not directly
related to utility, economy, or the City's best interests, or
to avoid the resolution of tie bids. Any multiple-source contract
awards that are made shall be limited to the least number of contractors
necessary to meet the valid requirements.
C.
Right to inspect premises. The City, at reasonable times, may inspect
that part of the vendor's place of business or a contractor's
or subcontractor's workplace that is pertinent to the supply
of goods or performance of services or work for the City under any
contract, subcontract, or supply agreement.
D.
Reporting of anticompetitive practices. When for any reason the City
suspects the existence of collusion or other anticompetitive practice
among any bidders or proposers, the City shall notify the Office of
the Illinois Attorney General and any other appropriate legal officer
that would have jurisdiction over the matter.
E.
City procurement records.
(1)
Contract file. All determinations and other written records pertaining
to the solicitation, award, or performance of a contract shall be
maintained in a contract file.
(2)
Retention of procurement records. All procurement records shall be
retained and disposed of by the City in accordance with records retention
guidelines and schedules approved by the State of Illinois.
All specifications shall be drafted so as to promote maximum
value at the lowest cost, to promote overall economy for the purposes
intended, and to encourage competition in satisfying the City's
needs. Specifications must not be unduly or unnecessarily restrictive.
The standards stated in this section apply to all specifications,
including without limitation specifications prepared on behalf of
the City by architects, engineers, designers, and draftsmen.
A.
Brand name or equal specifications. Brand name or equal specifications
may be used when the Procurement Officer determines that:
(1)
No other design or performance specification or qualified products
list is available;
(2)
Time does not permit the preparation of another form of purchase
description not including a brand name specification;
(3)
The nature of the product or the nature of the City's requirements
makes use of a brand name or equal specification suitable for the
procurement; or
(4)
Use of a brand name or equal specification is in the City's
best interests.
B.
Designation of several brand names. Brand name or equal specifications
shall seek to designate as many different brands as are practicable,
but at least three if possible, as "or equal" references and shall
further state that substantially equivalent products to those designated
will be considered for award.
C.
Required characteristics. Unless the Procurement Officer determines
that the essential characteristics of the brand names included in
the specifications are commonly known in the industry or trade, the
brand name or equal specifications shall include a description of
the particular design, functional, or performance characteristics
that are required.
D.
Nonrestrictive use of brand name or equal specifications. When a
brand name or equal specification is used in a solicitation, the solicitation
shall contain explanatory language that the use of a brand name is
for the purpose of describing the standard of quality, performance,
and characteristics desired and is not intended to limit or restrict
competition.
A.
Definition. For purposes of this chapter, "construction" means the
process of building, altering, repairing, improving, or demolishing
any public infrastructure facility, including without limitation any
public structure, building, or other improvement of any kind to real
property. Construction does not include routine operation, routine
repair, or routine maintenance of an existing infrastructure facility.
B.
Method of construction contract management. The Procurement Officer,
in consultation with the appropriate department head and the City
Manager, as appropriate, shall have discretion to select the appropriate
method of construction contract management for a particular project.
In determining which method to use, the Procurement Officer shall
consider the City's requirements, its resources, and the potential
contractor's capabilities.
C.
Bid security. A bid security shall be required for all competitively
bid construction contracts, in accordance with applicable state law.
The bid security shall be a bond provided by a surety company authorized
to do business in the state, or the equivalent in cash, or otherwise
supplied in a form satisfactory to the City. The bid bond must meet
the following standards:
(1)
Amount. The bid bond shall be in an amount adequate to provide guarantee
that the winning bidder will undertake the contract under the terms
at which it bid.
(2)
Payment on bond. The bidding documents must provide the circumstances
under which the City may take action against the bond due to material
noncompliance of the bidder with the bid requirements.
(3)
Withdrawal of bid. When a bidder withdraws its bid before award as
provided in this Code, no action will be taken against the bidder
or the bid bond.
(4)
Performance and labor and materials payment bonds. When a construction
contract is awarded in excess of $25,000, the following bonds or security
shall be delivered to the City and shall become binding on the parties
upon the execution of the contract:
(a)
A letter of credit or performance bond in a form provided by
or otherwise satisfactory to the City, executed by a surety company
authorized to do business in the state or otherwise secured in a manner
satisfactory to the City, in an amount equal to 100% of the price
specified in the contract; and
(b)
A letter of credit or labor and materials payment bond in a
form provided by or otherwise satisfactory to the City, executed by
a surety company authorized to do business in the state or otherwise
secured in manner satisfactory to the City, for the protection of
all persons supplying labor and materials to the contractor or its
subcontractors for the performance of the work provided for in the
contract. The bond shall be in an amount equal to 100% of the price
specified in the contract.
(5)
Authority to require additional bonds. Nothing in this section shall
be construed to limit the authority of the Procurement Officer to
require a performance bond or other security in addition to the bonds
stated in this subsection, or in circumstances other than those specified
in this section.
(6)
Copies of letter of credit and bond forms. Any person may request
and obtain from the City a certified copy of a letter of credit or
bond upon payment of the cost of reproduction of the letter of credit
or bond and postage, if any. A certified copy of a letter of credit
or bond shall be prima facie evidence of the contents, execution,
and delivery of the original.
(7)
Suits on labor and materials payment bonds. Unless otherwise provided
by law, any person who has furnished labor or materials to a contractor
or subcontractor for the work provided in the contract, for which
a bond is furnished under this section, and who has not been paid
in full within 90 days after the date on which that person performed
the last of the labor or supplied the material, shall have the right
to sue on the bond for any amount unpaid at the time the suit is instituted
and to prosecute the action for the amount due that person. However,
any person having a contract with a subcontractor of the contractor,
but no express or implied contract with the contractor furnishing
the bond, shall have a right of action upon the payment bond upon
giving written notice to the contractor within 90 days after the date
on which that person performed the last of the labor or supplied the
material. That person shall state in the notice the amount claimed
and the name of the party to whom the material was supplied or for
whom the labor was performed. The notice shall be served personally
or by registered or certified mail, postage prepaid, in an envelope
addressed to the contractor at any place the contractor maintains
an office or conducts business.
[Amended 9-18-2018 by Ord. No. 7496]
As a Home Rule unit, the City is not required to adhere to the
requirements of the Illinois Local Government Professional Services
Selection Act (50 ILCS 510) when hiring an architect, engineer, or
land surveyor. Nevertheless, the City generally will apply the standards
of that Act, except that the City always will consider cost as a selection
factor, unless otherwise required by law, and the City may choose
not to use a formal selection process for architectural, engineering,
or land surveying services less than $25,000. When the City does solicit
such services, then the City must solicit proposals and adhere to
the following requirements:
A.
Exceptions. When the City has received federal funds for architect, engineering, or land surveying services, the City shall use the consultant selection method described in § 102-9.
B.
Public notice. The City must place an advertisement in a daily newspaper
of general circulation throughout the City, requesting a statement
of interest in the specific project and further requesting statements
of qualifications. Such advertisement shall state the day, hour and
place the statement of interest and the statements of qualifications
and performance data shall be due.
C.
Selection procedure. The City then must evaluate the firms submitting
letters of interest, taking into account qualifications, ability of
professional personnel, past record and experience, performance data
on file, willingness to meet time and budget requirements, location,
workload of the firm, and such other factors as the City may determine
in writing are applicable. The City may conduct discussions with and
require presentations by firms deemed to be the most qualified regarding
their qualifications, approach to the project and ability to furnish
the required services.
D.
Selection. On the basis of evaluations, discussions and presentations,
the City shall select no fewer than three firms which it determines
to be the most qualified to provide services for the project and rank
them in order of qualifications to provide services regarding the
specific project. The City shall then contact the firm ranked most
preferred and attempt to negotiate a contract at a fair and reasonable
compensation, taking into account the estimated value, scope, complexity,
and professional nature of the services to be rendered. If fewer than
three firms submit letters of interest and the City determines that
one or both of those firms are so qualified, the City may proceed
to negotiate a contract.
E.
Contract negotiation.
(1)
The City shall prepare a written description of the scope of the
proposed services to be used as a basis for negotiations and shall
negotiate a contract with the highest qualified firm at compensation
the City determines in writing to be fair and reasonable. In making
this decision, the City shall take into account the estimated value,
scope, complexity, and professional nature of the services to be rendered.
(2)
If the City is unable to negotiate a contract with the preferred
firm, negotiations with that firm shall be terminated. The City shall
then begin negotiations with the firm that is next preferred. If the
City is unable to negotiate a contract with that firm, negotiations
with that firm shall be terminated. The City shall then begin negotiations
with the firm that is next preferred.
(3)
If the City is unable to negotiate a satisfactory contract with any
of the selected firms, it shall reevaluate the architectural, engineering,
or land surveying services requested, including the estimated value,
scope, and complexity and fee requirements. The City shall then compile
a second list of not less than three qualified firms and proceed in
accordance with these procedures.
[Added 9-18-2018 by Ord.
No. 7496[1]]
Periodically, the City receives federal funds to use for engineering
and design-related consultant services. When procuring these services,
and when federal funds are available for that particular service,
the City shall follow the written policies and procedures as described
herein for qualification-based selection (QBS) that meet the requirements
of 23 CFR 172 and the Brooks Act[2] rather than the process described in § 102-8.
A.
Initial
administration. The City's QBS policy and procedures assigns responsibilities
to the City Manager's office, the Public Works Department, and the
Community Development Department within the City organization for
the procurement, management, and administration of consultant services.
B.
Written
policies and procedures. The City's QBS policies and procedures are
intended to substantially follow Section 5-5 of the BLRS Manual and
specifically Section 5-5.06(e); therefore, approval from IDOT is not
required.
C.
Project
description. The City will use the following items when developing
the project description and may include additional items when unique
circumstances exist:
D.
Public
notice. When seeking consultant services in connection with a project,
the City will post an announcement on the City's third-party procurement
website, the City's own website, and/or publish an advertisement in
a daily newspaper of general circulation throughout the City. The
item will be advertised for at least 14 days prior to the acceptance
of proposals, and at least twice in the newspaper and/or on continuous
display on a website.
E.
Conflict
of interest. The City requires consultants to submit a disclosure
statement with their procedures. The City requires the use of the
IDOT BDE DISC 2 Template as its conflict of interest form.
F.
Suspension
and debarment. The City will make use of the following to verify suspension
and debarment actions to ensure the eligibility of consultants short-listed
and selected for projects:
G.
Evaluation
factors. The City allows the Director of Public Works or the City
Engineer to set the evaluation factors for each project, but must
include a minimum of three criteria set forth below and stay within
the established weighting range. In the event that the Director of
Public Works and the City Engineer cannot come to an agreement about
establishing the evaluation factors, the City Manager shall determine
these items. The maximum of DBE and local presence combined will not
be more than 10% on projects where federal funds are used. Project-specific
evaluation factors will be included at a minimum in the request for
proposals. The evaluation factors and weighting ranges shall include:
|
Criteria and weighting per the City's QBS procedures:
| |
|---|---|
|
Technical Approach
|
(10% - 40%)
|
|
Firm Experience
|
(10% - 40%)
|
|
Specialized Expertise
|
(10% - 40%)
|
|
Staff Capabilities (Prime/Sub)
|
(10% - 40%)
|
|
Work Load Capacity
|
(10% - 40%)
|
|
Past Performance
|
(10% - 40%)
|
|
In-State or Local Presence
|
*
|
|
Participation of Qualified and Certified DBE Subconsultants
|
*
|
|
* The combined total of these two items cannot exceed 10%.
| |
H.
Selection.
The City requires, at a minimum, a three-person selection committee.
Typically, the selection committee members may include the Director
of Public Works, the City Engineer, the Director of Community Development,
or staff civil engineers. The selection committee members must certify
that they do not have a conflict of interest. Selection committee
members are chosen by the City Engineer or Director of Public Works
for each project. In the event that the Director of Public Works and
the City Engineer cannot come to an agreement about members of the
selection committee, the City Manager will choose the selection committee.
The City requires each member of the selection committee to provide
an independent score for each proposal using the form below prior
to the selection committee meeting.
|
Criteria
|
Weighting
|
Points
|
Firm 1
|
Firm 2
|
Firm X
|
|---|---|---|---|---|---|
|
Criterion 1
| |||||
|
Criterion 2
| |||||
|
Criterion X
| |||||
|
Total 100%
|
(1)
The
selection committee members' scores are averaged for a committee score,
which is used to establish a short list of three firms. The committee
score is adjusted by the committee based on group discussion and information
gained from presentations and interviews to develop a final ranking.
If there are other firms within 15% of the third highest firm's score,
the City Engineer or Director of Public Works may choose to expand
the short list to include more than three firms.
(2)
In
the case that fewer than three firms submit a proposal, the City will
determine if the firms are qualified, evaluate proposals, and obtain
IDOT approval before proceeding to negotiate with the top-ranked firm.
I.
Independent
estimate. The City will prepare an independent in-house estimate for
the project prior to contract negotiation. The estimate is used in
the negotiation.
J.
Contract
negotiation. The City requires a three-person team to negotiate with
firms. The team consists of the Finance Director, the Director of
Public Works, and the City Engineer. Members of the negotiation team
may delegate this responsibility to other staff members.
K.
Acceptable
costs. The City requires the City Engineer, Director of Public Works,
or staff assigned to any project using federal funds to review the
contract costs and the indirect cost rates to assure they are compliant
with federal cost principles prior to submission to IDOT.
L.
Invoice
processing. The City requires the project manager assigned to any
project using federal funds to review and approve all invoices prior
to payment and submission to IDOT for reimbursement.
M.
Project
administration. The City requires the assigned project manager to
monitor work on the project in accordance with the contract and to
file reports with the City Engineer or Director of Public Works. The
City will conduct an evaluation of the consultant's work at the end
of each project. These evaluations are maintained in the City consultant
information database. The City will follow IDOT's requirements and
the required submission of BLRS Form 05613 to the IDOT district at
contract close-out along with the final invoice.
The following procedures and requirements shall apply to any
contracts for legal services to be provided by attorneys other than
the City Attorney.
A.
Only the City Manager is authorized to secure legal services from
an attorney other than the City Attorney. Any department head that
desires such legal services shall submit a request to the Procurement
Officer for those legal services.
B.
The Procurement Officer will make a recommendation to the City Manager,
who may determine to enter into an agreement for legal services so
long as funding is available in the current fiscal year budget.
A.
Authorization. The City shall endeavor to use joint or cooperative
purchasing whenever favorable prices can be obtained for required
goods and services. The City Manager and Director of Finance are authorized
to issue a purchase order or contract when the funds for that purchase
order or contract have been previously budgeted and appropriated by
the City Council, using the applicable process and standards set forth
in this chapter.
B.
Open competition. All cooperative purchasing conducted under this section shall be through open competition, including use of source selection methods substantially equivalent to those specified in § 102-3.
C.
Intergovernmental agreements. The Procurement Officer may participate
in, sponsor, conduct, or administer cooperative purchasing of supplies,
services, or construction with one or more units of local government
in accordance with an agreement entered into by the participants.
Such cooperative purchasing may include, without limitation, joint
or multi-party contracts between public procurement units and open-ended
public procurement unit contracts that are made available to other
units of local government.
Neither the City Manager nor the Director of Finance may approve
or enter into any purchase order, contract, or other obligation unless
sufficient funds have been budgeted and allocated to that purchase
order, contract, or other obligation in an amount sufficient to pay
all required amounts.
No purchase order, contract, or other obligation between the
City and a vendor, services provider, or contractor shall be assignable
or transferable in any manner by the vendor, services provider, or
contractor without the written consent of the City Manager.
The City Manager, Director of Finance, and Procurement Officer,
and their designees, may use e-mail and other electronic media in
the procurement processes authorized in this chapter, including without
limitation for electronic signatures, consistent with applicable law
and subject to the condition that the City Manager shall establish
a standard protocol for use of electronic media, including such matters
as:
A.
Claims. Any bidder, proposer, or vendor (claimant) that has a protest,
dispute, or other claim (collectively a "claim") about a matter related
to a City bidding process, City RFP process, or other form of City
solicitation may file a written notice of claim with the Procurement
Officer within 10 days after the claimant knows or should have known
of the facts giving rise to the claim. That notice of claim must (1)
identify the particular transaction or process at issue, (2) include
a detailed statement of the claim, and (3) provide all relevant facts
and circumstances related to the claim, including without limitation
dates, entities and persons involved, communications, and documents.
The notice of claim must state whether the claimant desires to meet
with the Procurement Officer regarding the claim.
B.
Meeting with Procurement Officer. If the claimant requests a meeting
with the Procurement Officer regarding the claim, then the Procurement
Officer shall promptly schedule and conduct that meeting.
C.
Procurement Officer report and recommendation. If no meeting is requested
or if the claim is not resolved during the requested meeting between
the claimant and Procurement Officer, then within 10 days after the
filing of the claim or after the conclusion of the requested meeting,
whichever is later, the Procurement Officer shall prepare a written
report and recommendation regarding the claim for review and decision
of the City Manager.
D.
Decision by City Manager. The City Manager shall issue a written
decision on a claim within 10 days after receipt of the Procurement
Officer's report and recommendation. The City Manager may accept
the Procurement Officer's recommendation or make any other decision
on the claim as the City Manager determines is proper. The decision
of the City Manager will be final.
A.
Authority to suspend. The Procurement Officer, with the approval
of the City Manager, may suspend a vendor, services provider, contractor,
or other person (collectively, "contractor") for cause from eligibility
to receive a purchase order, contract, or other order or agreement
from the City for any period of time up to three years. Prior to making
a decision to suspend, the Procurement Officer must give reasonable
notice to the contractor and a reasonable opportunity for the contractor
to be heard by the Procurement Officer. The Procurement Officer's
decision shall be in writing and shall include the causes for the
suspension, the time period of the suspension, and other relevant
matters. The Procurement Officer shall promptly provide a copy of
the decision to the contractor.
B.
Causes. The causes for suspension include the following:
(1)
Conviction of the contractor for commission of a criminal offense
related to obtaining or attempting to obtain any contract or subcontract,
whether public or private, or relating to the performance of a contract
or subcontract.
(2)
Conviction of the contractor under any state or federal statute of
embezzlement, theft, forgery, bribery, falsification or destruction
of records, receiving stolen property, or any other offense indicating
a lack of business integrity or business honesty.
(3)
Conviction of the contractor under any state or federal antitrust
statute arising out of the submission of bids or proposals.
(4)
One or more contractor violations of contract provisions of a character
that are regarded by the Procurement Officer or City Manager to be
so serious as to justify suspension. Examples of such violations are,
but are not limited to:
(5)
Suspension or debarment by another governmental agency.
(6)
Any other cause the Procurement Officer or City Manager determines
to be so serious and compelling as to affect responsibility as a contractor.
(7)
Violation by the contractor of an ethical standard related to contracts,
contracting, or construction.
C.
Appeal. A contractor may appeal a suspension by filing a written
notice of appeal in the office of the City Clerk within five days.
The notice of appeal must state each position and reason of the contractor
in support of the appeal. The City Council shall consider the appeal
and, considering all of the facts, circumstances, and decision of
the Procurement Officer, shall deny the appeal, grant the appeal,
or grant such other relief as the City Council determines is appropriate.
The City Council, as part of its decision, may decrease or increase
the length of any suspension. The City Council shall memorialize its
decision in writing and promptly provide a copy of its decision to
the contractor. The decision of the City Council is final.
A.
General standards of ethical conduct.
(1)
General ethical standard for employees. Any attempt to realize personal
gain through public employment by conduct inconsistent with the proper
discharge of a City employee's duties is a violation of this
code.
(2)
General ethical standard for nonemployees. Any effort to influence
any City employee to breach the standards of ethical conduct set forth
in this code is a violation of this code.
B.
Employee conflict of interest.
(1)
Conflict of interest. It is a violation of this code for any employee
to participate directly or indirectly in a procurement when the employee
has an ownership, employment, prospective employment, or family interest
pertaining to the procurement.
(2)
Disclosure by employees. On discovery of an actual or potential conflict
of interest, an employee shall promptly file a written disclosure
with the Procurement Officer and shall withdraw from further participation
in the transaction involved.
(3)
Disclosure by public official. On discovery of an actual or potential
conflict of interest, a public official shall promptly disclose the
conflict and shall withdraw from participation in the decision-making
process.
C.
Gratuities. Consistent with the provisions of Chapter 44 of this Code, it shall be violation of this chapter for any person to offer, give, or agree to give any employee or former employee, or for any employee or former employee to solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor.
D.
Kickbacks. It shall be a violation of this chapter for any payment,
gratuity, or offer of employment to be made by or on behalf of a subcontractor
under a contract to the prime contractor or higher tier subcontractor
or any person associated therewith, as an inducement for the award
of a subcontract or order.
E.
Influence peddling. It shall be a violation of this chapter for a
person to be retained, or to retain a person, to solicit or secure
a City contract upon an agreement or understanding for a commission,
percentage, brokerage, or contingent fee, except for retention of
bona fide employees or bona fide established commercial selling agencies
for the purpose of securing business, which relationship shall be
disclosed in any attempt to solicit or secure a City contract.
F.
Use of confidential information. It shall be a violation of this
article for any employee or former employee knowingly to use confidential
information for actual or anticipated personal gain, or for the actual
or anticipated personal gain of any other person.
G.
Remedies against employees. In addition to existing remedies for
breach by an employee of the ethical standards of this code, the City
may impose any one or more of the following:
I.
Recovery of value transferred or received in violation of this chapter.
(1)
General provisions. The value of anything transferred or received
in violation of this chapter by an employee or a nonemployee may be
recovered from both the employee and nonemployee.
(2)
Recovery of kickbacks. Upon a showing that a subcontractor made a
kickback to a prime contractor or a higher tier subcontractor in connection
with the award of a subcontract or order thereunder, it shall be conclusively
presumed that the amount thereof was included in the price of the
subcontract or order and ultimately borne by the City and will be
recoverable by the City from the recipient. In addition, the amount
may separately be recovered from the subcontractor making the kickback.
The City's recovery from one offending party shall not preclude
the City from recovery from other offending parties.
