(A) Except as provided in division (C) below, all supplies and contractual services, when the estimated cost thereof shall equal or exceed $50,000 shall be purchased by formal written contract from the lowest responsible and responsive bidder after due notice inviting competitive sealed bids. All such contracts shall be awarded by the Village Council.
(1) The purchasing agent or department head shall provide for the procurement of competitive sealed bids as follows:
(a) Prepare the invitation for bids describing the requirements of the using agency.
(b) Publicize the invitation for bids by public advertisement, such as through Bidnet or suitable trade publications, no less than five days preceding the last day set for the receipt of competitive sealed bids. The public advertisement required by this division (A)(1) shall include a general description of the supplies or contractual services to be purchased or sold and in addition, shall state where bid forms and specifications may be obtained, the date, time and place for the filing and opening of bids, whether bid, performance and payment bonds are required and if required, the amounts thereof and anything else deemed necessary.
(c) Bids submitted in response to the invitation for bids shall be submitted sealed and in addition, shall be identified as bids on the outside of the envelopes and accompanied by any bid security required.
(d) Bids shall be opened publicly at the time, place and date designated in the invitation for bids. Each bid, together with the name of the bidder shall be recorded and a tabulation of all bids received shall be available for public inspection in the requesting department.
(e) An invitation for bids may be cancelled or any or all bids or proposals may be rejected in whole or in part as specified in the invitation for bids when it is determined by the Village Council to be in the best interests of the village.
(f) The purchasing agent or department head shall not knowingly accept the bid of a person who is in default in the payment of any taxes, licenses, fees, permits or any other monies due the village or who shall in any other respects be disqualified according to any federal or state law or ordinance provision. A contract with a person who is discovered to have been in default or disqualified at the time of the awarding of the contract shall be voidable.
(g) The purchasing agent or department head shall determine and recommend in writing to the Village Council the name of the lowest responsible and responsive bidder. In reaching a determination as to who the lowest responsible bidder is, the following shall be considered:
1. The ability, capacity and skill of the bidder to provide the service or supplies required;
2. Whether the bidder can provide the service or supplies promptly or within the time specified without delay or interference;
3. The character, integrity, reputation, judgment, experience and efficiency of the bidder in business;
4. The quality of performance and time of completion by the bidder of previous contracts or services;
5. The previous and existing compliance by the bidder with laws and ordinances relating to contract performance;
6. The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service;
7. The quality, availability and adaptability of the supplies or contractual services to the particular use required;
8. The ability of the bidder to provide future maintenance and service for the use of the subject of the contract; and
9. The number and scope of any additional, limiting or qualifying conditions attached to the bid by the bidder.
(B) The village shall not be obligated to purchase from the lowest bidder.
(C) The Village Council, by an affirmative vote of five-sevenths of its members, may dispense with the requirement for competitive bidding when the estimated cost of the contract does not exceed $50,000.
(D) A contract may be awarded by the Village Council for the purchase of supplies and/or contractual services without submitting the purchase through the competitive bidding process as set forth herein when there is only a sole-source for the purchase and the requesting department head has provided reasonable justification to the Village Manager in writing that circumstances exist that preclude obtaining competition.
(E) No contract or purchase shall be artificially divided to avoid the requirements of this section.
(Ord. 24.09, passed 6-26-23)