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(a) For purposes of this section:
(1) "Governmental entity" means the federal government or any agency thereof, any state, county, municipality, township, special district, school district, or any other governmental entity created by law;
(2) "Joint procurement agreement" means any agreement duly executed between the city and one or more governmental entities in order to jointly procure;
(3) "Multi-party purchasing agreement" means a purchasing agreement duly executed among the city, one or more other governmental entities, and a selected vendor;
(4) "Procure" means to obtain personal property, supplies and services, or otherwise to undertake other procurement functions, including, but not limited to, issuing requests for proposals and requests for qualifications.
(b) The chief procurement officer is authorized to execute joint procurement agreements with one or more governmental entities;
(c) When in her judgment it would benefit the City, the chief procurement officer is authorized to procure in conjunction with one or more governmental entities. All such procurements shall be pursuant to a competitive procurement process or other applicable procurement procedure conducted by the city or another governmental entity consistent with their normal procurement practices, any applicable joint procurement agreement executed pursuant to subsection (b) of this section, and the applicable requirements of the Governmental Joint Purchasing Act, 30 ILCS 525/0.01, et seq., as amended, provided, however, if there is a conflict between the joint procurement agreement and the Act, the former shall prevail. The chief procurement officer may procure by either:
(1) Executing multi-party purchasing agreements, subject to the approval of the mayor, the comptroller and the corporation counsel as to form and legality. Each multi-party purchasing agreement must provide that the city will not be responsible for any liabilities incurred by other governmental entities arising therefrom, and shall contain such other terms and conditions as the chief procurement officer deems necessary or appropriate.
The chief procurement officer may allow other governmental entities to subsequently become parties to already-executed multi-party purchasing agreements. The chief procurement officer is authorized to require these governmental entities to execute agreements binding them to the terms and conditions of the multi-party purchasing agreements in a form acceptable to the chief procurement officer, or require these governmental entities to satisfy any other condition or term set forth in the multi-party purchasing agreements, or
(2) Issuing an order under a contract previously awarded by another governmental entity, if such contract was awarded pursuant to that governmental entity's applicable procurement procedures. Such order shall contain terms that the chief procurement officer deems necessary or appropriate, but need not contain provisions imposed by city ordinances or State law, unless such provisions are mandatory and preempt the city's home rule authority. Any such order must be executed by the chief procurement officer, the comptroller, and the contractor.
(d) Before entering any agreement pursuant to this section, the chief procurement officer first shall evaluate the legal feasibility of, and practical potential for, MBE/WBE participation, and shall, if such participation is legally feasible and appropriate, make all reasonable efforts to include such participation, at the levels contemplated by this chapter, in such agreement;
(e) The chief procurement officer is authorized to adopt rules and regulations for the proper administration and enforcement of the provisions of this section;
(f) Nothing in this section shall be construed to diminish the authority and powers of the chief procurement officer under the Municipal Purchasing Act for Cities of 500,000 or more population, 65 ILCS 5/8-10-1, et seq.
(Added Coun. J. 10-5-11, p. 8563, § 1)
Editor's note – Coun. J. 10-5-11, p. 8563, § 1, repealed former § 2-92-600, which pertained to joint purchasing of natural gas.
(a) For purposes of this section, the following definitions shall apply:
(1) "Abusive forms of child labor" means (1) work performed by a person under the age of 18 when the person does not voluntarily seek the work or the person is threatened by the person's employer with physical, mental or emotional harm for nonperformance; (2) work performed by a person under the age of 18 in violation of the laws of the applicable jurisdiction governing the minimum age of employment, compulsory education, or occupational health and safety; or (3) the use of a person under the age of 18 for illegal activities, including, but not limited to, the production or trafficking of illicit drugs or for prostitution.
(2) "Contract" means any contract, purchase order or agreement awarded by any officer or agency of the city for purchasing garments, and whose cost is to be paid from funds belonging to or administered by the city.
(3) "Contractor" means the person to whom a contract is awarded.
(4) "Subcontractor" means any person that enters into a subcontract agreement directly with a contractor for any work under a contract.
(5) "Foreign convict or forced labor" means any form of labor used to produce or manufacture goods prohibited from importation into the United States under 19 U.S.C. § 1307, which includes abusive forms of child labor and slave labor.
(6) "Garment" means any clothing, including uniforms, footwear, and related clothing accessories, such as hats and caps, ties, scarves, ribbons and shoestrings.
(7) "Slave labor" means any form of slavery, sale and trafficking of persons, debt bondage, indentured servitude, serfdom, or forced or compulsory labor.
(8) "Supply chain" means any manufacturer or distributor of garments.
(9) "Sweatshop labor" means any work performed by a person engaged by a contractor or subcontractor which has habitually violated laws of any applicable jurisdiction governing wages, working hours, overtime, employee benefits, occupational health and safety, nondiscrimination, or freedom of association. "Sweatshop labor" also means any work performed by a person engaged by a contractor or subcontractor that constitutes foreign convict or forced labor, or abusive forms of child labor or slave labor.
(b) Any solicitation for a contract advertised or otherwise communicated on or after January 1, 2015, and any contract entered into as a result of such solicitation, shall include a specification that the contractor shall:
(1) disclose to the city, in a form prescribed by the chief procurement officer, information regarding the contractor's supply chain for the performance of the contract, including company names, business addresses, phone numbers, e-mail addresses, and contact names; and
(2) complete an affidavit verifying that neither the contractor nor any of its subcontractors shall engage or otherwise utilize, in the performance of the contract, any supply chain that uses sweatshop labor.
(c) A contractor's failure to comply with this section shall constitute an event of default. In the event of default for failure to comply with this section, the chief procurement officer shall notify the contractor of such noncompliance and may, as appropriate: (i) issue the contractor a 30-day opportunity to cure; (ii) terminate the contract; or (iii) terminate the contract and rebid the remaining contract amount. This section shall not be construed to prohibit the city from also prosecuting any person who knowingly makes a false statement of material fact to the city pursuant to Chapter 1-21 of this Code.
(d) This section shall not apply to the extent it is preempted by applicable federal or state law or to the extent it conflicts with the terms or conditions of a federal or state of Illinois grant agreement.
(e) The chief procurement officer is authorized to participate as a member of a sweat-free purchasing consortium of public entities and not-for-profit associations, organized to facilitate efficient sweat-free purchasing, and to execute all such instruments and to perform any and all acts, including the expenditure of funds subject to appropriation therefor, necessary for such membership.
(f) The chief procurement officer is authorized to adopt rules and regulations for the proper administration and enforcement of this section.
(Added Coun. J. 7-30-14, p. 85515, § 1)
(a) For purposes of this section, the following definitions shall apply:
"Contract" means any contract, purchase order, construction project, or other agreement (other than a delegate agency contract or lease of real property or collective bargaining agreement) awarded by the City and whose cost is to be paid from funds belonging to or administered by the City.
"Contractor" means the person to whom a contract is awarded.
"Sexual harassment" means any (i) unwelcome sexual advances or unwelcome conduct of a sexual nature; (ii) requests for sexual favors or conduct of a sexual nature when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, or (2) submission to or rejection of such conduct by an individual is used as the basis for any employment decision affecting the individual, or (3) such conduct has the purpose or effect of substantially interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment; or (iii) sexual misconduct, which means any behavior of a sexual nature which also involves coercion, abuse of authority, or misuse of an individual's employment position.
"Subcontractor" means any person that enters into a contract with a contractor to perform work on a contract.
(b) Any solicitation for a contract advertised or otherwise communicated, and any contract entered into as a result of such solicitation, shall include a specification that the contractor shall, as prescribed by the Chief Procurement Officer, attest by affidavit that the contractor has a written policy prohibiting sexual harassment in compliance with Section 6-10-040.
(c) A contractor's failure to have a written policy prohibiting sexual harassment as provided in subsection (b) shall constitute an event of default. In the event of default, the Chief Procurement Officer shall notify the contractor of such noncompliance and may, as appropriate: (i) issue the contractor an opportunity to cure consistent with the default provisions in the contract; (ii) terminate the contract; or (iii) take any other action consistent with the default provisions in the contract. This section shall not be construed to prohibit the City from prosecuting any person who knowingly makes a false statement of material fact to the city pursuant to Chapter 1-21 of this Code, or from availing itself of any other remedies under contract or law.
(d) The Chief Procurement Officer is authorized to adopt rules that require a subcontractor to have a written policy prohibiting sexual harassment consistent with this section.
(Added Coun. J. 3-28-18, p. 74454, § 1; Amend Coun. J. 4-27-22, p. 46382, § 5)
(a) (i) When the chief procurement officer determines in writing that the use of competitive sealed bidding is either not practicable or not advantageous to the city, she may enter into contracts through competitive sealed proposals.
(ii) In addition to any other factor that may be provided by rule, the chief procurement officer shall consider the following factors in determining whether competitive sealed bidding is not practicable or not advantageous to the city:
(1) whether the contract needs to be other than a fixed-price type;
(2) whether oral or written discussions and negotiations need to be conducted with responsible vendors concerning technical and price aspects of their proposals;
(3) whether responsible vendors may need to be afforded the opportunity to revise their proposals, including price;
(4) whether award of the contract needs to be based upon a comparative evaluation of differing price, quality, and contractual factors in order to determine the most advantageous offer to the city. Quality factors include technical and performance capability and the content of the technical proposal;
(5) whether the primary consideration in determining the award of the contract may not be price;
(6) whether the contract by its nature is not adapted to award by competitive bidding, including, but not limited to, a contract for the service of an individual possessing a high degree of professional skill where the ability or fitness of the individual plays an important part;
(7) whether prior city procurements indicate that competitive sealed proposals may result in more beneficial contracts for the city; and
(8) whether the factors listed in subsection (a)(ii)(1) to (a)(ii)(5) of this section are desirable, in conducting a procurement, rather than necessary; if they are, then such factors may be used to support a determination that competitive sealed bidding is not advantageous.
(iii) Proposals shall be solicited through a request for proposals, which may specify the required format, and submission deadline and location, for proposals.
(iv) The chief procurement officer is authorized to conduct discussions and negotiations with responsible vendors for clarification and to obtain best and final offers. Responsible vendors shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals.
(v) The chief procurement officer is authorized to select one or more responsible vendors whose proposal is determined in writing to be the most advantageous to the city, taking into consideration all evaluation factors, and to enter into agreements with such vendors, containing terms the chief procurement officer deems reasonable.
(b) The chief procurement officer is further authorized to enter into contracts in the form of master agreements with one or more entities for the provision of goods, work, or services, including the purchase of hardware, peripherals, technology services, and the licensing of software, through a request for qualifications or request for proposals process. Each master agreement shall contain terms the chief procurement officer deems reasonable, and the chief procurement officer, or her designee, is authorized to award task orders and revise product offerings and service offerings and associated pricing under such master agreements. The chief procurement officer shall promulgate rules governing the task order, ordering and amendment procedures. The chief procurement officer or her designee is authorized to sell used or undesired equipment back to the reseller or manufacturer or to recycle used or undesired equipment that the chief procurement officer has deemed obsolete. For purposes of this subsection, "master agreement" means a contract that the city enters with one or more entities for the provision of goods, work, or services through a request for qualifications or request for proposals process which shall contain terms that apply to goods, work, or services rendered under the contract, including terms for awarding of task orders, and terms for revising product offerings, service offerings and pricing.
(c) Public notice of the requests for proposals and requests for qualifications contemplated by this section shall be given in the manner set forth for soliciting competitive bids in Section 8-10-7 of the Municipal Purchasing Act, and shall specify those criteria that the chief procurement officer deems necessary to determine whether respondents are qualified to provide the type of goods, work or services addressed by the request.
(d) Before entering any agreement pursuant to this section, the chief procurement officer first shall evaluate the feasibility of MBE/WBE participation, and shall, if such participation is feasible, make all reasonable efforts to include such participation, at the levels contemplated by this chapter, in such agreement.
(e) The chief procurement officer is authorized to adopt rules and regulations for the proper administration and enforcement of this section.
(f) This section shall not apply to construction contracts, as the term "construction contract" is defined in Section 2-92-670(e) of this Code.
(Added Coun. J. 6-27-12, p. 29948, § 1)
(a) For purposes of this section, the term "eligible contracts" means contracts for goods or services that are: (1) adapted to award by competitive bidding pursuant to 65 ILCS 5/8-10-3; and (2) structured as requirements contracts, in which the quantities that will be ordered by the City depend upon the City's needs at the time of the order. The term "eligible contracts" shall not include construction contracts that are bid out as a complete project. The chief procurement officer is authorized to structure the bid specifications for eligible contracts to allow for contract awards to be made to the lowest responsive and responsible bidder, as well as to the next lowest responsive and responsible bidder, and such other next lowest responsive and responsible bidders as the contract specifications permit and as provided by rule. The order of performance under each such contract shall be as follows:
(i) the work shall be performed by the lowest responsive and responsible bidder under such bidder's contract;
(ii) provided however, if the lowest responsive and responsible bidder is unable or unwilling to perform the work, or if such bidder's performance is insufficient for the city's needs, the work, or any uncompleted portion, shall be performed by the next lowest responsive and responsible bidder under such bidder's contract; and
(iii) provided further, however, if the next lowest responsive and responsible bidder or any other lowest responsive and responsible bidder is unable or unwilling to perform the work, or if such bidder's performance is insufficient for the city's needs, the work, or any uncompleted portion, shall be performed by such other next lowest responsive and responsible bidder under such bidder's contract.
(b) The chief procurement officer is authorized to adopt rules for the proper administration of this section.
(Added Coun. J. 10-5-16, p. 33570, § 1)
The chief procurement officer may donate any city- owned computer and related equipment deemed obsolete to "Computers for Schools", a non-profit organization which will be responsible for refurbishing the computer and equipment before donating the items to Chicago Public Schools or City Colleges of Chicago. The receiving schools or colleges must reimburse "Computers for Schools" for the delivery and refurbishing costs. The chief procurement officer may also donate any said equipment to "The Center for Neighborhood Technology" a non-profit organization which will use the donated equipment in furtherance of their efforts to bridge the digital divide in under served communities.
The chief procurement officer is hereby authorized to execute any contract or other document necessary to accomplish the goals of this section, subject to the approval of the corporation counsel as to form and legality.
(Added Coun. J. 9-5-01, p. 65691, § 1; Amend Coun. J. 6-8-05, p. 49251, § 1)
For specifications pursuant to which the city is divided into multiple geographic districts, the chief procurement officer shall have the sole authority to determine the maximum number of contracts that may be awarded to any single contractor pursuant to this chapter.
(Added Coun. J. 10-5-16, p. 33572, § 1)
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