(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)