A. Procedure for Addressing Non-compliance for Purchases Under $30,000. The County Auditor shall not process any payment for Goods, Supplies, Services, or Construction (except for Professional Services, the procedures for which are set forth in § 2.48.580B.) unless such procurement was in compliance with the terms of this Ordinance. If the County Auditor is requested to process any payment that is not in compliance with this Ordinance, the Auditor shall, after consultation with the State’s Attorney, promptly report such request and the nature of the non-compliance to the Chair of the Finance and Audit Committee. If the purchase amount is $30,000 or less, and, if the procurement is not in violation of State or Federal law, then the Department Head or Elected Official making the request of the Auditor for payment, shall present the matter to the Finance and Audit Committee which, if a majority of the members present vote to approve the non-compliant expenditure, may submit its recommendation to approve the non-compliant expenditure by Resolution to the County Board for its consideration.
B. Procedure for Addressing Non-compliance for Purchases of Professional Services. If the County Auditor is requested to process any payment for Professional Services in excess of $30,000 that is not in compliance with this Ordinance, the Auditor shall, after consultation with the State’s Attorney, promptly report such request and the nature of the non- compliance to the Chair of the Finance and Audit Committee. If the State’s Attorney opines that the services sought constitute Professional Services under state law, and, if the procurement is not otherwise in violation of State or Federal law, then the Department Head or Elected Official making the request of the Auditor for payment, shall present the matter to the Finance and Audit Committee which, if a majority of the members present vote to approve the non- compliant expenditure, may submit its recommendation to approve the non-compliant expenditure by Resolution to the County Board for its consideration.
C. Competitive Sealed Bids/Competitive Sealed Proposals – Non-compliance Ascertained Prior to Bid Opening or Closing Date for Receipt of Proposals. If prior to the Bid opening or the closing date for receipt of proposals, the Director of Purchasing, after consultation with the State's Attorney, determines that a solicitation is in violation of federal, state, or local law, then the solicitation shall be cancelled or revised to comply with applicable law.
D. Competitive Sealed Bids/Competitive Sealed Proposals – Non-compliance Ascertained Prior to Award. If after Bid opening or the closing date for receipt of proposals, the Director of Purchasing, after consultation with the State’s Attorney, determines that a solicitation or proposed award of a Contract is in violation of federal, state, or local law, then the solicitation or proposed award shall be cancelled.
E. Competitive Sealed Bids/Competitive Sealed Proposals – Non-compliance Ascertained After Award. If, after an award, the Director of Purchasing, after consultation with the State’s Attorney, determines that a solicitation or award of a Contract was in violation of the Purchasing Ordinance, then:
1. if the Person awarded the Contract has not acted fraudulently or in bad faith:
a. the Contract may be ratified and affirmed by the County Board, provided it is determined that doing so is in the best interests of the County and provided that no violation of State or Federal law has occurred in the procurement process; or
b. the Contract may be terminated and the Person awarded the Contract shall be compensated for the actual costs reasonably incurred under the Contract prior to notification; or
2. if the Person awarded the Contract has acted fraudulently or in bad faith the Contract may be declared null and void or voidable, if such action is in the best interests of the County.
(Ord. 7741, passed 7-16-2019)