(A) Invitation for bids. An invitation for bids shall be issued and shall include specifications, and all material contractual terms and conditions applicable to the procurement.
(B) Public notice. Public notice of the invitation for bids shall be given, and the notice shall set a date for the opening of bids that is at least ten days afte rht notice is made public. The notice shall include publication in a newspaper of general circulation within the county and internet posting on the county website. The public notice shall state the place, date, and time of bid opening and specifications for the invitation to bid or request for proposal.
(C) Standard clauses and their modification. The Purchasing Agent, after consultation with the State’s Attorney, may establish standard contract clauses for use in county contracts.
(D) Bid security and performance and payment bonds on goods or service contracts.
(1) Bid and performance bonds or other security shall be requested for public contracts when provided by statute. Bid and performance bonds or other security for supply and service contracts may be requested as the Purchasing Agent deems advisable to protect the county’s interests. Any such bonding requirements for supply and service contracts shall be set forth in the invitation to bid or request for proposal as established by the Purchasing Agent.
(2) Acceptable forms of security which may be submitted are: an executed surety bond issued by a company or companies qualified to do business in the State of Illinois with an A.M. Best Rating of at least A-; cash, certified check or cashier’s check made payable to Lake County; an irrevocable letter of credit; or any other form of deposit issued by a financial institution and acceptable to the county. Personal or company checks are not acceptable.
(3) Bid security shall be in an amount not to exceed 10% of the amount of the bid/offer.
(4) Contract performance and payment bonds: upon receipt of the award letter the required performance bonds or payment bonds shall be delivered to the county and shall become binding on the parties upon the execution of the contract.
(E) Insurance requirements on goods or service contracts. The Purchasing Agent shall determine, in consultation with the risk manager, whether insurance coverage by the contractor shall be required, and, if so, the types and amounts of coverage that shall be required. The contractor shall have the county named as an additional insured as its interest may appear and furnish the Purchasing Agent with satisfactory evidence of the insurance.
(F) Contractor record retention. The Illinois Prevailing Wage Act imposes recordkeeping requirements on contractors, 820 ILCS 130/1 et seq. For all contracts awarded for public works construction, the contractor and all sub-contractors shall be required to maintain adequate records appropriate to the type of contract, to retain such records for a minimum of five years from final payment, unless otherwise specified in the solicitation, and to make such records available for the county’s inspection upon reasonable terms and consistent with state law. To receive payment for contracts subject to the Illinois Prevailing Wage Act, the contractor shall also be required to submit confirmation from the Illinois Department of Labor that they have met the filing requirements for certified payroll.
(G) Cancellation or rejection of invitations for bids or requests. An invitation for bids, a request for proposals, or any other solicitation may be canceled, or any or all bids or proposals may be rejected in whole or in part as may be specified in the solicitation, when it is for good cause and in the best interests of the county. The reasons for the cancellation or rejection shall be made part of the contract file and shall be provided to bidders or offerors upon request.
(H) Bid opening. Bids shall be opened publicly in the presence of one or more witnesses at the time and place designated in the invitation for bids. The amount of each bid, and such other relevant information as the Purchasing Agent deems appropriate, together with the name of each bidder shall be recorded on a bid tab. The bid tab shall be made available to the public.
(I) Late bids. No bids received after the time specified in the invitation for bids will be considered. All bids received after the specified time will be returned unopened to the bidder.
(J) Correction or withdrawal of bids: cancellation of awards. 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. Mistakes that a bidder be corrected or the bid may be withdrawn before bid opening may be withdrawn by written notice received in the office designated in the invitation for bids prior to the time set for the bid opening. After bid opening, corrections in bids shall be permitted only to the extent that the bidder can show by clear and convincing evidence that a mistake of a non-judgmental character was made, the nature of
the mistake, and the bid price actually intended. After bid opening, no changes in bid prices or other provisions of bids prejudicial to the interest of the county or fair competition shall be permitted.
(1) In lieu of bid correction, a low bidder alleging a material mistake of fact may be permitted to withdraw its bid if:
(a) The mistake is clearly evident on the face of the bid document, but the intended correct bid is not similarly evident; or
(b) The bidder submits evidence which clearly and convincingly demonstrates that a mistake was made.
(2) All decisions to permit the correction or withdrawal of bids, or to cancel awards or contracts based on bid mistakes, shall be supported by a written determination made by the Purchasing Agent.
(3) In the event of a discrepancy between the unit price and the extended total, the unit price bid shall prevail.
(K) Bid evaluation. Consistent with the provisions of 55 ILCS 5/5-1022, bids shall be evaluated based on their responsiveness to the requirements set forth in the invitation for bids, and the demonstrated responsibility of the bidder, which may include criteria to determine acceptability such as inspection, testing, quality, workmanship, experience, past performance, financial stability, delivery, and suitability for a particular purpose. The invitation for bids shall set forth the evaluation criteria to be used. No criteria may be used in bid evaluation that are not set forth in the invitation for bids. Alternative bids may be considered and accepted provided they are specifically provided for in the invitation for bids and meet the evaluation criteria set forth therein and are in the best interest of the county.
(L) Tie bids. If two or more bids meeting the specifications and other requirements of the bid information are tied for low price, the bids will be treated as follows.
(1) If there is significant difference in the responsibility of the bidders (including ability to deliver in the quantity and at the time required), the award will be made to the bidder who is deemed to be the most responsible.
(2) If there is no significant difference in the responsibility of the bidders, but there is difference in the quality of the commodities or services offered, the bid offering the best quality will be accepted.
(3) If there is no significant difference in the responsibility of the bidders and no difference in the quality of the items or services offered, the bid offering the earliest delivery time will be accepted if delivery as early as possible was a bid criteria. In all other cases, delivery time will not be considered in making awards so long as the bidder states that delivery will occur not later than the time specified in the bid information as the latest acceptable delivery time.
(4) If the bids quoting the same price are equal in every respect, then the Purchasing Agent may make the award based on their determination of what is in the best interest of the county or otherwise by lot.
(M) Determination of non-responsibility of bidder and offerors. Determinations of non-responsibility shall be made by the Purchasing Agent and the bases for such determinations can include, but are not limited to: failure to satisfy one or more of the criteria set forth in the definition of “responsible bidder or offeror”contained in § 33.005, failure to perform or unsatisfactory performance documented on one or more prior county contracts; unreasonable failure of a bidder or offeror to promptly supply information or samples in connection with an inquiry with respect to responsibility; or debarment by the State of Illinois or the United States of America. If a bidder or offeror who otherwise would have been awarded a contract is found non-responsible, then the Purchasing Agent will make a written determination of non-responsibility that sets forth the basis of the finding. A copy of the determination shall be sent promptly to the non-responsible bidder or offeror, and the final determination will be made part of the contract file.
(N) Award. The contract shall be awarded by appropriate written notice to the lowest responsive and responsible bidder, if the bid is within the amount of funds appropriated. The Purchasing Agent is authorized to negotiate an adjustment in the bid price with the low responsive and responsible bidder, without changing the specifications of the bid.
(1) Prior to award, for contracts in excess of $100,000, the Purchasing Agent shall request that the State’s Attorney review prior to award all contracts in excess of $100,000. This threshold amount is for annual contract value for reoccuring operating costs and the full contract value if services extend more than one year. This review shall not be required when the form and content of the contract documents have previously been approved by the State’s Attorney.
(2) Except as provided in subsection (N)(3) below, the standing committee in charge of the contracting department or agency and the Financial and Administrative Committee shall, by resolution, jointly submit their recommendation about the award of a contract above $30,000 or more for goods or capital equipment and contracts of $35,000 or more for data processing and telecommunications equipment, services and software, and submit the recommendation for consideration at a regularly scheduled County Board meeting. After award by the County Board, contracts shall be signed by the Purchasing Agent.
(3) Notwithstanding the provisions of subsection (N)(2) above, the Purchasing Agent is authorized to award and to sign contracts, other than sole source or emergency contracts, for the purchase of goods or capital equipment within the amount specifically authorized in the budget, without submitting these contracts for committee and County Board approval.
(4) Notwithstanding the provisions of subsection (N)(2) above, department heads are authorized to award and sign professional services contracts, less than $50,000 pursuant to §§ 33.050 and 33.051, of less than $50,000.
(5) Consistent with 55 ILCS 5/5-1130 and in addition to the authority in subsection (N)(3) above, the Purchasing Agent is authorized to award and to sign contracts that extend for five years for existing data processing and telecommunications equipment, services and software that has been specifically authorized in the budget without submitting these contracts for Committee and County Board approval. This authority does not include renewals that contain implementation services.
(O) Right to inspect plant. The county may, at reasonable times, inspect the part of the plant, place of business, or worksite of a contractor or subcontractor at any tier which is pertinent to the performance of any contract awarded or to be awarded by the county.
(P) Right to audit records.
(1) Audit of contract costs. The county may, at reasonable times and places, audit the books and records of any contractor to the extent that the books, documents, papers, and records are pertinent to a county contract. Any person or entity contracting with the county, shall maintain the books, documents, papers, and records related to a county contract for three years from the date of final payment. Language shall be included in the county’s invitation to bid and its contract to ensure enforceability of this subsection.
(2) Contract audit. The county shall be entitled to audit the books and records of a contractor or a subcontractor at any tier under any negotiated contract or subcontract other than a firm fixed price contract to the extent that the books, documents, papers, and records are pertinent to the performance of the contract or subcontract. The books and records shall be maintained by the contractor or subcontractor for a period of three years from the date of final payment.
(Q) Reporting of anti-competitive practices. When collusion or other anticompetitive practices are suspected among any bidders or offerors, a notice of the relevant facts shall be transmitted to the State’s Attorney.
(R) County procurement records.
(1) Contract file. All determinations and other written records pertaining to the solicitation, award, and performance of a contract shall be maintained for the county in a contract file in the Purchasing Division.
(2) Retention of procurement records. All procurement records shall be retained and disposed of by the county in accordance with records retention guidelines and schedules approved by the Illinois Local Records Commission.
(S) Multi-step sealed bidding.
(1) When it is considered impractical to initially prepare a purchase description to support an award based on price, a multi-step sealed bid may be used if the Purchasing Agent determines the following:
(a) Available specifications or purchase descriptions are not sufficiently complete to permit full competition without technical evaluations and discussions to ensure mutual understanding between the bidder and the county;
(b) Definite criteria exist for evaluation of technical offers;
(c) More than one technically qualified source is expected to be available; and
(d) A fixed unit price contract will be used.
(2) Multi-step sealed bidding shall be conducted in two phases: first, non-priced technical offers shall be evaluated; second, priced bids shall be considered, but only from those bidders whose non- priced technical offers were found unacceptable under the first step. Non-priced technical offers shall be evaluated solely in accordance with the criteria set forth in the invitation to submit technical offers and shall be determined to be either acceptable or potentially acceptable for further consideration or unacceptable. Determinations that a non-priced technical proposal is unacceptable shall be in writing and state the basis of the determination. The determination shall be retained in the procurement file, and the bidder shall be notified that it will not be afforded an opportunity to amend its technical offer.
(T) Electronic reverse auctions. The Purchasing Agent may procure materials, equipment, and services with an electronic reverse auction company, in accordance with the Local Government Electronic Reverse Auction Act(50 ILCS 530/1 et seq.), if the Purchasing Agent determines that such a process will provide the best value to the county (or that all purchasing methods provide equal value). Vendors interested in participating in the reverse auction shall be pre-qualified to meet the specifications and must agree to the county’s terms and conditions for the bid prior to the start of the auction. During the auction, a bidder’s price shall be disclosed to other bidders and those participating bidders shall have an opportunity to reduce their bid prices during the auction. At the conclusion of the auction, the record of the bid prices received, and the name of each bidder shall be open to public inspection.
(U) Multiple source contracting.
(1) Multiple source contracting involves awarding to more than one bidder a contract for an indefinite quantity for one or more similar supplies or services. A multiple source award may be made when the Purchasing Agent determines that it is in the county’s best interest that two or more bidders be awarded a contract for similar products or services of an indefinite quantity.
(2) Multiple source awards shall not be made when a single award will meet the county’s needs without sacrificing economy or service. Multiple source awards shall not be made solely for the purpose of dividing the business among suppliers or resolving tie bids. Multiple source awards shall be limited to the least number of suppliers necessary to meet the county’s requirements without sacrificing economy and service.
(V) Bid addenda and questions. Once bid document has been issued, all questions regarding the document shall be submitted in writing to the Purchasing Division. All addenda shall be issued by the Purchasing Division pursuant to specifications in the bid document. If it is determined that a bidder received an unfair advantage from information obtained through other departments or agencies, the bid may be canceled.
(W) Communication with bidders. Consistent with the Lake County Ethics Ordinance and the statute on Public Contracts in the Illinois Criminal Code (720 ILCS 5/33E-6), county officers and employees shall limit communications with bidders during the solicitation process so that the integrity of the competitive solicitation process is maintained. If it is determined that a bidder received unfair advantage from information obtained from prohibited sources or under prohibited circumstances, the solicitation may be canceled, or the bidder disqualified from participation in that solicitation request.
(X) Accepting single bid received. If only one responsive bid is received after a competitive solicitation, the county may, after determining whether the bidder is responsible, accept the bid.
(1977 Code, § 1:4-1) (Ord., § 4-102, passed 12-8-2009; Ord. passed 2-12-2013; Res. passed 2-10-2015; Ord. 21-0923, passed 10-12-2021)