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(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)
Any proposal for contract, bid, affidavit, certification or form required by or submitted in connection with the conduct of any business, procurement, certification, investigation or other activity by the department of procurement services may be accepted by that department in electronic format subject to compliance with accepted means and methods of verification and authentication of electronic signatures. Nothing herein shall require a vendor to submit any materials electronically.
(Added Coun. J. 9-4-02, p. 92670, § 2)
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