(A) Competitive bidding procedures.
(1) Competitive bidding required. Any work or other public improvement which is not to be paid for in whole or in part by special assessment and all purchases of, and contracts for supplies, materials and services shall, except as specifically provided herein, be based whenever possible on competitive bids.
(2) Formal contracts.
(a) All work or other public improvement which is not to be paid for in whole or in part by special assessment, except as otherwise provided herein, when the estimated cost thereof shall exceed $20,000 shall be purchased by formal, written contract from the lowest qualified and responsible bidder, after due notice inviting bids, unless competitive bidding is waived by a vote of 2/3 of the corporate authorities.
(b) All single purchases of, and individual contracts for supplies, materials and/or services, except as otherwise provided herein, when the estimated cost thereof shall exceed $10,000, shall be purchased by formal written contract from the lowest qualified and responsible bidder, after due notice inviting bids, unless competitive bidding is waived by a vote of 2/3 of the corporate authorities. When no single purchase of or individual contract for, specific types of supplies, materials or services exceeds $10,000, but the total dollar value of all purchases and/or contracts for said specific types of supplies, materials or services during the Village’s fiscal year does exceed said amount, said purchases and/or contracts shall be handled as set forth in division (C) of this section, at the lowest obtainable price, from the most qualified, responsible contractor/vendor. It is not the intent of this division to encourage the circumvention of the bidding requirements and, to the extent practicable, Village staff is encouraged to rely upon the competitive bidding process. Rather, the competitive bidding exemption provided by this division is intended to recognize and address those situations in which a competitive bidding requirement is not necessarily practicable, and can be eliminated without jeopardizing the Village’s ability to obtain a low and competitive price from a qualified responsible contractor/vendor. Except for items or services routinely used in the course of Village business on a frequent basis purchased from one supplier.
(3) Notice inviting bids.
(a) Publication. Notice inviting bids shall be published at least once in a newspaper with a general circulation within the Village. The newspaper notice required herein shall include a general description of the work to be performed or the articles to be purchased, shall state where specifications may be secured, the time, place and manner for submitting a bid, and the time and place for opening bids.
(b) Posting. The Village shall also advertise all pending work or purchases by posting a notice on the public bulletin board in the Village Hall and at Council Chambers.
(c) These posting requirements shall also include the information required under division (D) of this section.
(4) Bid deposits. When deemed necessary by the President and Board of Trustees, bid deposits shall be prescribed in the public notices inviting bids. Unsuccessful bidders shall be entitled to the return of their bid deposit upon the award of the contract by the President and Board of Trustees. A successful bidder shall forfeit any bid deposit required by the President and Board of Trustees upon failure on his or her part to enter into a contract within 10 days after the award.
(5) Performance bonds. The Village Manager shall have the authority to require performance bonds before allowing the Village to enter into a contract in such an amount as he or she shall find reasonable and necessary to protect the best interests of the Village. Such performance bonds will be required for all contracts involving public improvements or purchases where materials and labor are involved. On purchases of material only, a warranty will be required for the specific use of the material.
(6) Submittal and award of bids.
(a) Bids shall be submitted to the Village and shall be identified as bids on the envelope. Bids should include information relevant to the considerations set forth in subdivision (e) below, including information on whether the bidder is a Minority Business Enterprise, Women's Business Enterprise, or Persons with Disability Enterprise (MBE/WBE/PBE) or will use MBE, WBE, or PBE subcontractors. For the purpose of determining whether a bidder qualifies as a MBE, WBE, or PBE, the Village adopts the definitions contained in Section 2 of the Business Enterprise for Minorities, Females, and Persons with Disabilities Act (30 ILCS 575/2), including the definitions contained therein of the terms minority person, female, person with a disability, minority owned business, female owned business, and business owned by a person with a disability. Proof of current certification as a MBE/WBE/PBE through the State Business Enterprise Program for Minorities, Females, and Persons with Disabilities, or similar certification with Cook County, the City of Chicago, the Chicago Minority Business Development Council, Women's Business Development Center or the Illinois Department of Transportation or other similar federal, state or county agency should accompany all bids for which qualification as a MBE/WBE/PBE is sought.
(b) Bids shall be opened in public at the time and place stated in the public notices, and conform to the requirements of division (D) of this section.
(c) A tabulation of all bids received shall be made by the Village Manager, Finance Director, or their designee and the tabulation of the bids with a recommendation from Village staff shall be furnished to the President and Board of Trustees at its next regular meeting.
(d) The President and Board of Trustees shall have the sole authority to reject all bids or parts of all bids. The Village shall not accept the bid of a contractor who is in default on the payment of taxes, licenses or other monies due the Village, the County of Cook or the State of Illinois.
(e) The President and Board of Trustees shall have the authority to award contracts within the purview of this section. Unless rejected in whole or in part, contracts shall be awarded to the lowest qualified and responsible bidder on the basis of the bid that is in the best interest of the Village to accept. In awarding a contract, in addition to price, the President and Board of Trustees shall consider any 1 or more of the following items for purposes of determining the lowest qualified and responsible bidders:
1. The ability, capacity and skill of the bidder to perform the contract to provide the service required;
2. Whether the bidder can perform the contract or provide the service promptly, or within the time specified, without delay or interference;
3. The character, integrity, reputation, judgment, experience and efficiency of the bidder;
4. The quality of performance of previous contracts or services;
5. Whether the bidder is a Minority Business Enterprise, Women's Business Enterprise, or Person with Disability Business Enterprise (MBE/WBE/PBE) or will use MBE, WBE, or PBE subcontractors. For the purpose of determining whether a bidder qualifies as a MBE, WBE, or PBE, the Village adopts the definitions contained in Section 2 of the Business Enterprise for Minorities, Females, and Persons with Disabilities Act (30 ILCS 575/2), including the definitions contained therein of the terms minority person, female, person with a disability, minority owned business, female owned business, and business owned by a person with a disability. Proof of current certification as a MBE/WBE/PBE through the State Business Enterprise Program for Minorities, Females, and Persons with Disabilities, or similar certification with Cook County, the City of Chicago, the Chicago Minority Business Development Council, Women's Business Development Center or the Illinois Department of Transportation should accompany all bids for which qualification as a MBE/WBE/PBE is sought;
6. The previous and existing compliance by the bidder with laws and ordinances relating to the contract or service, including all applicable provisions of the Illinois Human Rights Act, Title VII of the Civil Rights Act of 1964, as amended, the Americans with Disabilities Act, the Age Discrimination in Employment Act, Section 504 of the Federal Rehabilitation Act, and all applicable rules and regulations;
7. The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service;
8. The quality, availability and adaptability of the supplies or contractual services to the particular use required;
9. The ability of the bidder to provide future maintenance and service for the use of the subject of the contract;
10. The number and scope of conditions attached to the bid; and
11 Distance Village staff will have to travel to bidder’s place of business.
(f) Each bid must contain a certification that it is an “Equal Opportunity Employer” and that its officers, corporate authorities, employees and agents are not barred from entering into a contract with the Village as a result of a violation of either 720 ILCS 5/33E-3 or 5/33E-4 (bid rigging or bid rotating) or 5/33E-6 (interference with contract submission and award by public official); or as a result of a violation of 820 ILCS 130/1 et seq. (the Illinois Prevailing Wage Act); or as a result of a delinquency in the payment of any tax administered by the Illinois Department of Revenue or any fee required by any unit of local government or the state, unless the party is contesting, in accordance with the procedures established by the appropriate revenue act, its liability for the tax or the amount of the tax or the fee, as set forth in § 11-42.1-1 et seq. of the Illinois Municipal Code, 65 ILCS 5/11-42.1-1 et seq.
(g) The Village will reject in its entirety any bid if the entity or individual submitting the bid is excluded from receiving certain federal contracts, subcontracts, and financial and non-financial assistance and benefits. The Village will, prior to awarding a contract, utilize the “System for Award Management” or other equivalent U.S. Government-owned and -operated system to search all potential bids for the presence of exclusion records commonly known as “suspensions” and “debarments”. The Village shall retain documentation related to the search in its records. If it is determined that the entity or individual is excluded from receiving the potential contract based on this search, the bid will be rejected in its entirety.
(B) Solicitation of competitive proposals. The President and Board of Trustees may waive the competitive bidding process by a 2/3 vote of the corporate authorities and direct the Village Manager to solicit competitive proposals for the award of any contract that comes within the purview of this section. The justification for waiving the competitive bidding process in lieu of the solicitation of competitive proposals may include any of the considerations set forth in division (A)(6)(e) of this section as well as the following:
(1) Availability of only a single source vendor or a limited number of known vendors; and
(2) Financial savings realized by not utilizing the competitive bidding process.
(C) Open market procedure.
(1) All work and purchase of supplies, materials and services of less than the estimated value of $10,000, respectively, shall be made in the open market, without newspaper advertisement and without observing the procedure prescribed by this section for the award of formal contracts. However, all work and purchases covered by this section shall conform to the requirements detailed in this division and outlined below in Table 1, Open Market Procedure Approval Limits.
(2) For the purchase of supplies, materials and services with an estimated value of $500 or less, the approval of the Department Director is required.
(3) For the purchase of supplies, materials and services with an estimated value greater than $500.01, but less than the estimated value of $3,000, the approval of the Department Director and Village Manager or his or her designee is required and 1 or more quotes from qualified vendors must be obtained and documented. In addition, a written description of the item sought, the purpose of use, and a cover memo showing at least 1 obtained quote shall be provided to the Department Director and Village Manager or his or her designee.
(4) For the purchase of supplies, materials and services with an estimated value greater than $3,000.01, but less than the estimated value of $5,000, the approval of the Department Director and Village Manager or his or her designee is required, 2 or more quotes from qualified vendors must be obtained and documented, and a written description of the item sought, the purpose of use, and a cover memo showing 2 or more quotes shall be provided to the Village Manager or his or her designee.
(5) For the purchase of supplies, materials and services with an estimated value greater than $5,000.01, but less than the estimated value of $10,000, the approval of the Village Manager or his or her designee and Board of Trustees is required and the following documentation shall be provided to the Village Manager:
(a) A written description of the item or service sought, the purpose of use, and the cost and benefits to the Village;
(b) Three or more quotes from qualified vendors; and
(c) A cover memo showing the 3 quotes, the name of the vendor, and the amount of the quote.
(6) For purposes of this section, a QUALIFIED VENDOR is a qualified, responsible contractor/vendor pursuant to the criteria set forth in division (A)(6)(e) of this section for qualified and responsible bidders and who is a person or entity legally doing business in Illinois, provides the item or service sought for sale or contract, and has the ability and capacity to provide the item sought promptly or within the time specified.
(7) This section shall apply to purchases using any and all Village funds, including, without limitation, purchases made from segregated departmental funds, including, for example and without limitation, Police Department 1505 funds.
TABLE 1. OPEN MARKET PROCEDURE APPROVAL LIMITS
Dollar Limits | $0 to $500.00 | $500.01 to $3,000.00 | $3,000.01 to $5,000.00 | $5,000.01 to $10,000.00 | $10,000.01 to $20,000.00 (Public Improvements Only)* |
Approval Level | Department director | Department director and Village Manager or his or her designee | Department director and Village Manager or his or her designee | Department director, Village Manager or his or her designee, and Board of Trustees approval | Department director, Village Manager or his or her designee, and Board of Trustees approval |
Documentation Required | None | A written description of the item sought, the purpose of use, and a cover memo showing quote(s) from qualified vendor(s) | A written description of the item sought, the purpose of use, and a cover memo showing 2 or more quotes from qualified vendor(s) | Written description of the item sought, the purpose of use, and the costs and benefits to the Village, 3 quotes from qualified vendors, and a cover memo showing the 3 quotes, the name of the vendors, and the amount of the quotes | Written description of the item sought, the purpose of use, and the costs and benefits to the Village, 3 quotes from qualified vendors, and a cover memo showing the 3 quotes, the name of the vendors, and the amount of the quotes |
Competitive Process | None | Minimum 1 or more quotes from qualified vendors | Minimum 2 or more quotes from qualified vendors | Minimum 3 or more quotes from qualified vendors | Minimum 3 or more quotes from qualified vendors |
* Non public improvements over $10,000 must be competitively bid under division (A) requirements. | |||||
(D) Prevailing wage. Each contract awarded and bid sought that involves contractors whom the Illinois Prevailing Wage Act covers, and that uses Village funds, (affected contract or affected bid), shall comply with the following guidelines and notification procedures, regardless of the manner in which the contract was awarded:
(1) All bid specifications issued for an affected bid shall list the current specified prevailing wage rates for all laborers, workers, and mechanics in the locality for each craft or type of worker or mechanic needed to execute the contract (as tabulated annually by the Illinois Department of Labor for Cook County pursuant to the Illinois Prevailing Wage Act, 820 ILCS 130/1, et seq.).
(2) All affected contracts, affected bids, notices and bid specifications issued or executed for an affected bid or affected contract by the Village shall require that not less than the prevailing wage rate, as tabulated annually by the Illinois Department of Labor for Cook County pursuant to the Illinois Prevailing Wage Act, (820 ILCS 130/1, et seq.), be paid to all laborers, workers, and mechanics performing work under the contract. Should any affected bid or affected contract not contain such provisions, it shall not be considered binding upon the Village.
(3) All affected contracts, affected bids, notices and bid specifications issued or executed for an affected bid or affected contract by the Village shall include the following language:
"All specifications issued by [the General Contractor] to any proposed subcontractor shall include references to the payment of all applicable prevailing wages as tabulated annually by the Illinois Department of Labor for Cook County pursuant to the Illinois Prevailing Wage Act, 820 ILCS 130/1, et seq. Should any bid or contract not contain such provisions, it shall not be considered binding upon the Village."
(4) All affected contracts, affected bids, notices and bid specifications issued or executed for an affected bid or affected contract by the Village shall include the following language:
"All specifications issued by any subcontractor to any proposed lower tiered subcontractor shall include references to the payment of all applicable prevailing wages as tabulated annually by the Illinois Department of Labor for Cook County pursuant to the Illinois Prevailing Wage Act, 820 ILCS 130/1, et seq. Should any bid or contract not contain such provisions, it shall not be considered binding upon the Village."
(5) All affected contracts, affected bids, notices and bid specifications issued or executed for an affected bid or affected contract by the Village shall include the following language:
"All contractors and subcontractors hired by the Village of Maywood shall comply with all requirements of the Illinois Prevailing Wage Act, 820 ILCS 130/1, et seq., including the requirement that the current prevailing wage rates as determined annually by the Illinois Department of Labor for Cook County be posted at any and all job sites relating to this contract."
(6) All affected contracts, affected bids, notices and bid specifications issued or executed for an affected bid or affected contract by the Village shall contain reference to this section.
(E) Professional services. All contracts for professional services, including, but not limited to, attorneys, engineers, real estate appraisers, auditors, architects and Village planners may be entered into by the Village without observing the bidding procedures prescribed by this section for the award of formal contracts, so long as the statutory requirements for entering into such contracts are otherwise complied with.
(F) Emergency purchases. In case of an apparent emergency which requires immediate work or purchase of supplies, materials or services, the President and Board of Trustees or Village Manager (or his or her designee) shall be empowered to secure by open market procedure as herein set forth, at the lowest obtainable price, any work, supplies, materials or services regardless of the amount of the expenditure. However, all work and purchases covered by this section shall conform to the requirements detailed in division (D) of this section.
(G) Cooperative purchasing. The Village shall have the authority to join with other units of government in cooperative purchasing plans when the best interest of the Village would be served thereby.
(H) Utilities, U.S. Mail and insurance. All contracts for utility services (electricity, natural gas and telecommunications services), U.S. mail services, and insurance may be entered into by the Village without observing the bidding procedures prescribed by this section for the award of formal contracts.
(I) Procurement of products made from recycled materials. Where practical, it shall be the policy of the Village that in purchasing materials, office supplies and other products used by the Village, the Village shall attempt to procure materials, office supplies and other products that are made in whole or in part with recycled materials, to the extent that the cost of such materials, office supplies and/or other products do/does not exceed the cost of similar materials, office supplies and/or other products available in the market place, and not made of recycled materials, by more than 10%.
(Ord. 19, passed 6-20-2006; Am. Ord. CO-2017-19, passed 5-16-2017; Am. Ord. 2017-34, passed 9-19-2017)