The following methods of purchasing shall be followed by all
department heads in purchasing any supplies, services and capital
outlay items:
A. Purchases less than $1,500. Purchase of supplies, services and capital outlay items with a cost of less than $1,500 and itemized in the rationale of the department's current budget shall be made without request for quotation, competitive bid, or prior Board approval. The actual purchase of items costing over $1,500 shall be made by an authorized purchase order when required by the vendor, as per §
116-7 herein.
B. Purchases of $1,500 or more but less than $5,000. Purchases with
a cost of $1,500 or more but less than $5,000 and itemized in the
rationale of the department's current budget shall be made by
informal quotation and without prior Board approval. Request for informal
quotation (bid specifications) may be oral and taken by telephone.
A minimum of three informal quotations shall be requested. It is understood
that the lowest quotation may or may not be the most advantageous
to the County.
C. Purchases of $5,000 or more but not in excess of $30,000. Purchases with a cost of $5,000 or more but not in excess of $30,000 and itemized in the rationale of the department's current budget shall be made by formal quotation. Request for formal quotation does not require advertisement in a newspaper of general circulation. Request for formal quotation (bid specifications) shall be written, and a minimum of three written formal quotations shall be requested from vendors who, in the opinion of the department head, are likely to provide the best price, quality, and service. It is understood that the lowest quotation may or may not be the most advantageous to the County. Board approval is not required for purchases made in accordance with this Subsection
C when funds have been allocated in the rationale of the department's current budget.
D. Purchases of more than $30,000. Purchases with a cost in excess of $30,000 and itemized in the rationale of the department's current budget shall be made by formal bid. Pursuant to 55 ILCS 5/5-1022, request for bids (bid specifications) shall be advertised in a newspaper of general circulation and written bid specifications shall be prepared. Board approval is required prior to purchases made in accordance with this Subsection
D.
E. Notwithstanding the provisions of Subsection
D, purchase may be made without advertising for bids when individual orders do not exceed $35,000, for the use, purchase, delivery, movement, or installation of data processing equipment, software, or services and telecommunications and interconnect equipment, software and services. Board approval is required prior to purchases made in accordance with this Subsection
E.
F. At the discretion of the department head or County administration,
purchases which cost an amount not in excess of $30,000 may be made
by formal, competitive bidding.
G. For procurement of goods or services for any program that utilizes
federal funding, purchasing departments must complete a Federal Procurement
Checklist and submit said checklist with any request for payment.
The County Administrator shall make a Federal Procurement Checklist
available to all authorized purchasing authorities of the County.
Purchase of materials, supplies, services, and capital outlay
items costing in excess of $30,000 and itemized in the rationale of
the department's current budget shall be by formal competitive
bidding and initiated with the request for proposals process.
A. Written specifications. Department heads shall prepare written bid
specifications and other required documents prior to initiating procedures
for the purchase of any commodity, supply, service or capital outlay
item costing in excess of $30,000.
B. Proposal/bid documents. The department head and/or the County Administrator
shall prepare and send out all competitive bidding documents and shall
be responsible for being compliant with all current state and federal
regulations. Bid documents shall consist of the following four parts:
(1) Public notice advertisement requesting sealed proposals and bids.
(a)
The County department and/or County Administrator shall prepare
such notice and publish it in a newspaper of general circulation in
McLean County at least once in 10 days prior to the scheduled date
of proposal/bid opening.
(b)
Said notice shall indicate the County office where specifications
are available and the time and place of proposal/bid opening.
(2) Written specifications.
(a)
Specifications shall be prepared by the County department in
accordance with this chapter.
(b)
Written specifications shall be reviewed by the department head
and/or County Administrator. The department head and/or County Administrator
may refer the review of the specifications to the appropriate Board
oversight committee.
(c)
Specifications may be amended prior to the proposal/bid opening
if so authorized by the department head and/or County Administrator,
provided all approved changes are transmitted to any person, firm
or corporation requesting bidding documents. All other bidding documents
shall be revised accordingly. Receipt of addendums/amendments shall
be acknowledged in writing by the bidder at or prior to the time of
proposal/bid opening.
(d)
Specifications shall not be exclusionary to one vendor except
where the appropriate Board oversight committee, or in the case of
public health, the Board of Health, or McLean County Board for Care
and Treatment of Persons with a Developmental Disability, based upon
the fund affected, upon recommendation of the department head, and/or
County Administrator determines that the interest of the County can
be best served by a particular specification.
(e)
Any vendor submitting a proposal/bid with modifications and/or
substitutions to the specifications must state the modifications and/or
substitutions in writing.
(3) Instructions to vendors shall be prepared according to this chapter.
(4) All contracts and purchases under this chapter shall be in conformity
with 55 ILCS 5/5-1022.
C. Receipt of proposals/bids. Each sealed proposal/bid received shall
be stamped with the time and date received.
D. Opening of proposals/bids. Proposals/bids shall be opened and read
aloud publicly. Such documents may be opened, tabulated and analyzed
by any one of the following: the department head, the County Administrator,
the County Auditor, the appropriate Board oversight committee, the
McLean County Board of Health, or McLean County Board for Care and
Treatment of Persons with a Developmental Disability, or any combination
thereof at the discretion of such committee.
E. Presentation of proposals/bids to Board oversight committee. It shall
be the responsibility of a department head to present and discuss
with the appropriate Board oversight committee the proposals/bids
received. These officials shall then recommend the awarding of a proposal/bid
to the appropriate Board oversight committee. The committee shall
then reject the bid or recommend to the Board the awarding of the
bid.
F. Right of the Board to reject or accept bids. The Board may accept
or reject the recommended bid. If the recommended bid is not accepted,
the Board may accept any other bid or may reject all bids. The Board
reserves the right to waive any or all specifications and to reject
any or all bids.
G. Awarding of bids. A bid shall be awarded by the Board to the vendor
whose bid, in the opinion of the Board, is the most advantageous to
the County based on price, quality, service and other lawful considerations
deemed important by the Board, taking into consideration that the
lowest bid may or may not be necessarily the most advantageous to
the County.
H. Purchase. The purchase, pursuant to the awarding of a bid, shall
be made through authorized contract or purchase agreement as set forth
in this chapter.
I. Bids must be received prior to or at the time specified in the bid.
Late bids shall not be considered and may be returned unopened to
the vendor upon their request. If no bids are received, the purchase
can be made using one of these methods:
(1) For purchases in excess of $30,000 where there were no bids received,
as part of a competitive bidding process, the department head shall
draft a memo outlining the steps taken to solicit bids including date(s)
that it was advertised, where it was advertised, and any attempts
taken to inform prospective bidders of the opportunity. This memo
shall be sent to County Administration and included with all documents
related to the project.
(2) The department head may proceed with engaging with potential firms to complete the project using the guidelines outlined for formal quotations as outlined in §
116-4.
All formal bids and contracts shall be approved by the appropriate
Board oversight committee and the County Board, or in the case of
public health, the Board of Health, or McLean County Board for Care
and Treatment of Persons with a Developmental Disability, based upon
the fund affected.
The following steps shall be followed by all department heads
in purchasing any materials/supplies and/or capital outlay items which
cost at least $30,000 or as required by the vendor. Purchases of contractual
and professional services do not require the use of a purchase order
form.
A. All items to be purchased shall be listed with prices on a purchase
order form as generated by the appropriate financial management system.
B. Prior to purchase, the department head shall enter a purchase order
request into the financial system for the County Auditor's approval
that sufficient funds are available for the purchase and may be encumbered
against the appropriate departmental budget line item or items.
C. After a purchase order has been executed, specifications for the
items to be purchased cannot be changed without approval from the
appropriate Board oversight committee in all instances where committee
authorization of the purchase was involved.
If, in the opinion of the department head and/or County Administrator,
it is advantageous to McLean County to purchase items through joint
purchasing programs, as provided in 30 ILCS 525, the department head
then shall not be required to request quotations for items with a
cost in excess of $1,500 or more or to request competitive bids for
items with a cost in excess of $30,000.
A. All items obtained through joint purchasing programs must be purchased following the guidelines set forth in §
116-7 herein. All departments utilizing this method shall file all purchasing documentation with the County Administrator and County Auditor.
Exempt goods, supplies, and services are items where competitive
solicitation is impractical. The following items can be obtained without
conducting a competitive solicitation process:
C. Courier services such as UPS or FedEx.
G. Certain expenses related to civil or criminal litigation, or confidential
employment-related investigations, such as attorney services, legal
materials, investigators, and other related experts, with the approval
of legal counsel.
H. Certain expenses where the cost of the item or service is set by
state or federal law.
I. Purchases made from other federal, state or local governmental entities,
provided such purchases are for rent of the entity's facilities
or reimbursement for services directly provided by the entity.
J. Goods, supplies, and/or services needed by the County pending a bid
award, contract renewal or bid protest action and a contractor agrees
to provide such goods, supplies, and/or services at the same contract
price as a previous award, or at a revised price that reflects changes
in applicable governmental indexes since the beginning of the current
contract period, until a new contract has been awarded. Such interim
period contracts shall not normally exceed 180 days, or until resolution
of a bidder's protest.
A contract may be awarded where it is determined that it is
not feasible to secure bids or that there is only one source for the
required goods or services. In other situations, it may be determined
that it is in the best interests of the County to consider only one
supplier who has previous expertise relative to procurement. The issuing
department shall prepare supporting documentation for review and approval
by the County Administrator. Whenever it is not feasible or is not
in the County's best interest to satisfy the minimum bid requirements,
the reason for this determination shall be indicated in writing and
retained with the contract.
As needed, the County Administrator may review spending patterns
and establish standards concerning the type, design, quality or brand
of a specific article or group of related items or services purchased
by the County. Adopting standardized purchases based on spend analysis
allows the County to establish or maintain uniformity in appearance
and/or quality and/or achieve cost savings through volume pricing.
It is the policy of the McLean County Board that:
A. Emergency purchases shall be classified as those purchases which
ensure public health and safety, protect public property, and limit
County liability.
B. In the event of catastrophic or unanticipated incident, an enemy-caused,
man-made or other natural disaster, the County Administrator, County
Board Chair, or Director of Emergency Management Agency is authorized
on behalf of the County to procure services, supplies, equipment or
material as may be necessary for such purposes in view of the exigency
to ensure ongoing government operations, without regard to the procedures
normally prescribed pertaining to County contracts or obligations.
In the event that the McLean County Board is meeting at the time of
such disaster, the County Administrator or County Board Chair shall
act subject to the direction and restriction imposed by that body.
The foregoing purchasing policy shall apply in each case except
in those instances where federal or state statutes, policies and regulations
govern.
Disposal of obsolete, outdated, or otherwise unusable assets shall be done in accordance with §
50-15.
The splitting of any contract or purchase into smaller contracts
or purchases with the purpose or effect of evading the procurement
and approval thresholds established by this chapter is prohibited.
When for any reason collusion or other anticompetitive practices are
suspected among any bidders or offerors, or by any County employees
or officers, an employee with knowledge of such reason shall report
all relevant facts to the McLean County State's Attorney. Any
employee making a good faith report under this section shall have
all protections afforded to a whistleblower under the Whistleblower
Act (740 ILCS 174).