TITLE 3
FINANCE AND TAXATION
CHAPTER 1
PROCUREMENT OF GOODS AND SERVICES
SECTION:
3-1-1: Purpose; Scope; Exemptions
3-1-2: Purchasing Agent
3-1-3: Competitive Sealed Bidding
3-1-4: Competitive Sealed Proposals
3-1-5: Authorization Of Award And Formal Bid Waivers
3-1-6: Small Purchases
3-1-7: Sole Source Procurement
3-1-8: Emergency Procurement
3-1-9: Cancellation Of Invitations For Bids Or Requests For Proposals
3-1-10: Responsibility Of Bidders And Offerers
3-1-11: Bid And Performance Bonds
3-1-12: Types Of Contracts
3-1-13: Contract Administration System
3-1-14: Right To Inspect Facilities
3-1-15: Report Anticompetitive Practices
3-1-16: Village Procurement Records
3-1-17: Maximum Practicable Competition
3-1-18: Brand Name Or Equal Specification
3-1-19: Brand Name Specification
3-1-20: Responsibility For Selection Of Methods Of Construction Contracting Management
3-1-21: Bid Security
3-1-22: Contract Performance And Payment Bonds
3-1-23: Contract Changes
3-1-24: Architectural, Engineering And Land Surveying Services
3-1-25: Authority To Debar Or Suspend
3-1-26: Bid Protest
3-1-27: Remedies For Solicitations Or Awards In Violation Of Law
3-1-28: Cooperative Purchasing
3-1-29: Surplus Property
3-1-30: Criminal Penalties
3-1-31: Employee Conflict Of Interest
3-1-32: Gratuities And Kickbacks
3-1-33: Use Of Confidential Information
3-1-1: PURPOSE; SCOPE; EXEMPTIONS:
   A.   Purpose: The purpose of this chapter is to provide for the fair and equitable treatment of all persons involved in public purchasing by the Village, to maximize the purchasing value of public funds in procurement, and to provide safeguards for maintaining a procurement system of quality and integrity.
   B.   Scope: This chapter applies to contracts for the procurement of equipment, supplies, services and construction of public improvements entered into by the Village. It shall apply to the expenditure of public funds by the Village for public purchasing. When the procurement involves any expenditure regulated by Federal or Illinois law or by Federal or Illinois regulations, the procurement shall be conducted in accordance with any mandatory applicable laws and regulations. (Ord. 2007-100, 10-18-2007)
   C.   Exemptions:
      1.   The provisions of this chapter shall not apply to the selection of the Village Attorney who shall be appointed by the Village President pursuant to section 1-7-3 of this Code or other special legal counsel retained by the Village. (Ord. 2009-62, 11-19-2009)
      2.   Reserved. (Ord. 2017-59, 11-2-2017)
      3.   The provisions of this chapter shall not apply to cooperative purchasing pursuant to section 3-1A-1, "Cooperative Purchasing Authorized; Purpose", of this chapter.
      4.   The provisions of this chapter shall not apply to purchases or contracts for professional services. (Ord. 2016-45, 8-18-2016)
3-1-2: PURCHASING AGENT:
   A.   Purchasing Agent Serve As: Except as otherwise provided herein, the Purchasing Agent shall serve as the principal public purchasing official for the Village and shall be responsible for the procurement of equipment, supplies, contractual services and construction of public improvements in accordance with this chapter, as well as the management and disposal of supplies. In the event of a vacancy in the Office of the Purchasing Agent, the Village Administrator shall act as the Purchasing Agent until such time as the office is no longer vacant.
   B.   Duties: In accordance with this chapter and subject to the supervision of the Village Administrator, the Purchasing Agent shall:
      1.   Procure or supervise the procurement of equipment, supplies, contractual services, and construction of public improvements needed by the Village;
      2.   Exercise general supervision over all inventories of equipment and supplies belonging to the Village;
      3.   Sell, trade, or otherwise dispose of surplus equipment or supplies belonging to the Village; and
      4.   Establish and maintain programs for specifications development, contract administration, inspection and acceptance, in cooperation with the departments using procured equipment, supplies, and contractual services, in construction of public improvements.
   C.   Delegation Of Purchasing Duties: With the approval of the Village President, Village Administrator and Board of Trustees, the Purchasing Agent may delegate authority to other Village officials to purchase certain equipment, supplies, contractual services, or construction of public improvements items if such delegation is deemed necessary for the effective procurement of those items. (Ord. 2019-23, 4-18-2019)
3-1-3: COMPETITIVE SEALED BIDDING:
   A.   All contracts of the Village for the purchase of equipment, supplies, contractual services or construction of public improvements exceeding ten thousand dollars ($10,000.00) shall be awarded by competitive sealed bidding, except as otherwise provided.
   B.   The Purchasing Agent shall issue an invitation for bids which shall include specifications and all contractual terms and conditions applicable to the procurement.
   C.   Adequate public notice of the invitation for bids shall be given not less than ten (10) calendar days prior to the date set forth therein for the opening of bids. Such notice may include publication in a newspaper of general circulation within the community in a reasonable time prior to bid opening. The public notice shall state the place, date, and time of bid opening.
   D.   Bids shall be opened publicly in the presence of one or more witnesses at the time and place designated in the invitation for bids.
   E.   Bids shall be evaluated based on the requirements set forth in the invitation for bids, which may include criteria to determine acceptability such as inspections, testing, quality, workmanship, delivery, and suitability for particular purposes. 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.
   F.   Correction or withdrawal of inadvertently erroneous bids before or after bid opening, or cancellation of awards or contracts based on such bid mistakes, may be permitted where appropriate. If mistakes are discovered before bid opening, the bid may be withdrawn by written 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. After bid opening, no changes in bid prices or other provision of bids prejudicial to the interest of the Village or fair competition shall be permitted. In lieu of the bid correction, a low bidder alleging a material mistake of fact may be permitted to withdraw its bid if, in the sole judgment of the Board of Trustees:
      1.   The mistake is clearly evident on the face of the bid document but the intended correct bid is not similarly evident; or
      2.   The bidder submits evidence which clearly and convincingly demonstrates that a mistake was made.
All requests to permit the correction or withdrawal of bids or to cancel awards or contracts based on bid mistakes shall be supported by a written request to the Purchasing Agent indicating the reason for the request.
   G.   Unless all bids are rejected by the Board of Trustees, the contract shall be awarded with reasonable promptness by appropriate written notice to the lowest responsible and responsive bidder whose bid meets the requirements and criteria set forth in the invitation for bids. In the event the low responsive and responsible bid for a construction of public improvements project exceeds available funds, the Purchasing Agent is authorized, when time or economic considerations preclude resolicitation of work of a reduced scope, to negotiate an adjustment of the bid price with the low responsive and responsible bidder, in order to bring the bid within the amount of available funds.
   H.   When it is considered impractical to prepare initially a purchase description to support an award based on price, an invitation for bids may be issued requesting the submission of unpriced offers to be followed by an invitation for bids limited to those bidders whose offers have been determined to be technically acceptable under the criteria set forth in the first solicitation. (Ord. 2019-23, 4-18-2019)
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