The competitive bidding requirements of these regulations do not apply to:
(A) The acquisition of repair parts, accessories, equipment or services previously furnished or contracted for;
(B) The immediate delivery of supplies, material or equipment or performance of service when it is determined by the Chief Executive Officer/Executive Director (“Executive Director”) that an emergency requires immediate delivery or supply thereof, and there is a concurrence of two-thirds of the then Directors, which concurrence is sought as soon as practicable;
(C) Goods or services that are economically procurable from only one source. This exception also includes, but is not limited to, contracts with railroads for trackage rights; contracts with railroads for crossing agreements, the operation of joint facilities or for fixed facility agreements; and contracts for excursion trains or equipment moves;
(D) Contracts for maintenance or servicing of equipment which are made with the manufacturers or authorized service agents of that equipment where the maintenance or servicing can best be performed by the manufacturer or authorized service agent, or such a contract would be otherwise advantageous to the NIRC. This exception shall not apply to contracts for plumbing, heating, piping, refrigeration and automatic temperature control systems, ventilating and distribution systems for conditioned air and electrical wiring;
(E) Goods or services procured from another governmental agency, including assignments or joint government purchases;
(F) Purchases and contracts for the use or purchase of data processing equipment and data processing systems software;
(G) The acquisition of professional or utility services. Professional services are services the quality and reliability of which depend, in substantial part, upon the individual skills, training, experience, ability or qualifications of the person rendering such service. Professional services also include, but are not limited to, the services of: experts, law firms, attorneys and any other services necessary to conduct legal matters; services of professional legislative consultants or related services necessary to promote the interests of NIRC to federal, state and local government officials and their staffs; the services of brokers or other fiduciary relationships; the employee benefit providers or administrators acquired on behalf of the NIRC directors, officers or employees; and actuaries, accountants, appraisers and risk managers;
(H) The acquisition of public transportation equipment, including, but not limited to, rolling stock and locomotives, provided that the following applies:
(1) It is determined by a vote of two-thirds of the then members of the Board that a negotiated acquisition offers opportunities with respect to the cost or financing of the equipment, its delivery or the performance of a portion of the work within the state or the use of goods produced or services provided within the state;
(2) A notice of intention to negotiate for the acquisition of such public transportation equipment is published in a newspaper of general circulation within the City of Chicago inviting proposals from qualified vendors;
(3) Any contract with respect to such acquisition is authorized by a vote of two-thirds of the then members of the Board; and
(4) The request for proposals procedures apply to such acquisitions.
(I) Purchase of service agreements or other contracts, purchases or sales entered into by the NIRC with any transportation agency or unit of local government.
(Ord. NIRC 19-01, passed 4-17-2019)