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Sec.
6-1 INTRODUCTION.
The purpose of these requirements is to provide for purchases of
materials, supplies
It is the objective of the DuPage Airport Authority Procurement
Policy to secure the best quality commodity or service for the purpose
intended at the best price. Delivery, quality, and service, in addition to price, must be
considered in determining the value of goods and services purchased.
These rules are designed to simplify,
clarify and update the procurement and contracting process of the DuPage
Airport Authority. The rules
are meant to encourage effective competition and to ensure that
expenditures are carried out in a prudent manner.
The rules are also designed to assure a procurement system of
quality and integrity.
6-2
APPLICATION.
These rules shall apply to every group or unit of the DuPage
Airport Authority, except as set forth in Subsections 6-2-1 through 6-2-4
below:
6-2-1
Federal Funds or Grants.
When procurement involves the expenditure of federal and/or state
grants funds, the Authority shall follow any mandatory requirements of
applicable federal and state law and implementing regulations, as
stipulated by the language in the actual grant.
6-2-2
Grants or Cooperative
Agreements. Nothing in
these rules shall prevent the Authority from complying with the terms and
conditions of any grant, or cooperative agreement, providing that
competitive procedures as described in these rules shall be followed
whenever possible.
6-2-3
Professional Services.
Procurement of Professional Services is exempt from using Sealed
Bids (IFB’s). The preferred method for procuring these services will be
using Requests for Proposals (RFP) under the guidelines set forth in these
regulation
6-2-4
Real Property.
These rules shall not be applicable to the leasing, rental,
acquisition or disposition of real property.
6-3 DEFINITION
6-3-1 Award shall mean the acceptance of a Bid or Proposal; the
presentation of a purchase agreement or Contract to a bidder.
6-3-2 Best Bid shall mean a Bid which is not necessarily the lowest but,
rather, best fits the needs and interests of the Authority when taking
into account the responsibility of the bidders.
6-3-3 Best Interest of The Authority shall mean a term granting the DuPage
Airport Authority discretion to take action felt to be the most
advantageous to the DuPage Airport Authority, including Award of a
Contract to the lowest Best Bid or the rejection of all Bids, Proposals
and/or offers.
6-3-4 Bid shall mean an offer,
as a price, whether for payment or acceptance, given to the DuPage Airport
Authority by a bidder on a Contract.
6-3-5 Bid Bond shall mean an insurance agreement in which a third party
surety agrees to be liable to pay a certain amount of money in the event
that the bidder’s Bid is accepted by the DuPage Airport Authority and
the bidder fails to accept the Contract as awarded and approved as to form
by the DuPage Airport Authority’s attorney.
6-3-6 Brand Name Specification shall mean a specification that cites the
brand name, model number or some other designation that identifies a
specific product to be offered exclusive of others.
6-3-7 Brand Name or Equal Specification shall mean a specification that cites brand names, model numbers or other
identifications as representing quality or performance called for, when
inviting bids on comparable items or products of any manufacturer.
6-3-8 DuPage Airport Authority shall mean the DuPage Airport Authority, including all groups and units.
6-3-9 Competitive Bidding shall mean the submission of prices by
individuals or firms for a Contract, privilege or right to supply
merchandise or services.
6-3-10 Competition Dollar Threshold shall mean the maximum dollar amount
for a requirement that does not require competitive quotes ($999.99)
6-3-11 Confidential Information shall mean, subject to the Freedom of
Information Act, any information which is available to an Authority
employee only because of the employee’s status as a public employee and
is not a matter of public knowledge, such as Trade Secrets and test data
which may be provided to the DuPage Airport Authority on a confidential
basis during the contracting process.
6-3-12 Contract shall mean any type of Authority agreement, regardless of
what it may be called, for the procurement or disposal of supplies,
equipment, materials or services.
6-3-13 Discussions shall mean terminology synonymous or meaning
negotiations.
6-3-14 Elected Official
(a) members of the DuPage County Board, including its Chairman
(b) persons holding an elected office with the County of DuPage; and
(c)
members of the General Assembly whose district is located either
wholly or partially within the territory of the Authority.
66-13-15
66-13 6-3-15
Emergency Purchase
shall mean emergency purchases made without compliance with the
requirements hereinare not to be made unless true and justifiable
emergencies exist. Emergencies are defined as “Need for parts, supplies, and
services required in connection with repairs due to breakdown of major
equipment that must be kept running, natural disasters, or other
requirements which significantly interfere with the operation of the
Airport.” If a vendor is
called in to provide the product or service, the Manager is responsible to
see that the vendor is supervised and that no unnecessary work is done. As soon as reasonably practicable, the Executive Director is
to be notified of all emergency purchases.
66-3-16 Evaluation of Bid shall mean the process of examining a Bid after
opening to determine the bidder’s responsibility and responsiveness to
requirements and to ascertain other characteristics of the Bid that relate
to determination of the successful bidder.
6-6-3-17 Formal Solicitation Process shall mean the process used for
soliciting and awarding contracts that exceed
$9,999.99. This
process involves formally advertising the requirement pursuant to these
regulations, issuing either a formal IFB or RFP and making the resultant
Award on a Contract, or rejecting all Bids. The formal solicitation
process may also be used on requirements less than $10,000
if deemed appropriate by the Executive Director
6-6-3-18 Invitation For Bids (IFB) shall mean all documents, whether attached
or incorporated by reference, utilized for soliciting bids.
6
6-3-19 Informal Solicitation Process shall mean the process of soliciting
Bids or Proposals for requirements less than $10,000 from prospective contractors without formally advertising or
issuing a formal IFB or RFP. Under
the informal process, Bids or Proposals may be conveyed and received by
letter, facsimile transmission or other means and under conditions
different from those required for formal bidding.
Competition is still required using this process unless waived in
writing by the Executive Director.
6-6-3-20 Legal Notice shall mean notice of a proposed purchase as required by
law. Depending on the legal requirement, notice may be satisfied by
posting an announcement of the purchase in a public place and/or formal
advertisement in a newspaper of general circulation, or a combination of
these methods
6-3-21 Lowest Responsible Bidder shall mean the bidder submitting the
lowest initial price and who has been determined to be responsible based
on past performance, financial capabilities and ability to perform the
required work.
66-3-22 Lowest Responsive Bidder shall mean the bidder submitting the lowest
and Best Bid and who meets all requirements of the bid invitation.
6
6-3-23 Mistake in Bid shall mean a
miscalculation in composing a Bid resulting in an incorrect price or other
term which will affect the bidder’s eligibility to be awarded a
Contract.
6-6-3-24 Multi-Step Bidding shall mean source selection involving two
competitive steps, the first constituting a technical Proposal for
furnishing the product or service described in the solicitation and the
second a submission of prices.
6-6-3-25 No Bid shall mean a
response to an Invitation for Bid stating that the respondent does not
wish to submit a Bid.
6-6-3-26 Non-Responsive Bid shall mean a
Bid that does not conform to the requirements of the Invitation for Bids;
non-conforming Bid; unresponsive Bid.
6-6-3-27 Performance Bond shall mean a
Contract of guaranty executed subsequent to Award by a successful bidder
to protect the Authority from loss due to contractor inability to complete
the Contract as agreed.
6-6-3-28 Performance Specification shall mean a specification describing the performance characteristics sought
in a product or service; a purchase description accenting performance over
design; a functional, rather than a generic or physical, specification.
6-6-3-29 Professional Services shall mean
those services which are essentially intellectual in character and
which include analysis, evaluation, prediction, planning or
recommendation. Professional
Services involve extended analysis, the exercise of discretion and
independent judgment in their performance and an advanced, specialized
type of knowledge, expertise or training customarily acquired either by a
prolonged course of study or equivalent experience in the field.
Professional Services include, but are not limited to, services
performed by accountants, auditors, analysts, consultants, lawyers,
physicians, planners, artists, engineers and architects. Preferred method
of procurement of Professional Services is using RFP’s.
6-6-3-30 Protest shall mean a
written statement concerning an unresolved disagreement or controversy
arising out of the solicitation or Award of a Contract.
6-6-3-31 Provider Of Goods And Services shall mean all vendors, suppliers, contractors and other service providers to
the DuPage Airport Authority, including those providing Professional
Services to the DuPage Airport Authority and those seeking to provide
goods and services of any kind to the DuPage Airport Authority.
6-6-3-32 Pre-Qualification of Bidders shall mean the screening of potential suppliers or contractors in which the
DuPage Airport Authority considers such factors as financial capability,
reputation, management, etc., in order to develop a list of prospective
bidders qualified to be sent Invitations to Bid.
6-6-3-33 Purchase Requisition shall mean
that document whereby a Director and/or a Manager requests that a
Contract be entered into for a specific need and which may include the
description of a request item, delivery schedule, transportation data,
criteria evaluation, suggested source of supply and information supplied
for the making of a written determination. The Purchase Requisition is
required prior to soliciting bids or Proposals.
6-6-3-34 Proprietary Information shall mean subject to the Freedom of Information Act, information or data
describing technical processes, mechanisms or operational factors that a
business wishes to keep confidential and restricted from public access.
6-3-35 Proposal shall mean an
offer made by one party to another as a basis for negotiations for
entering into a Contract.
6-6-3-36 Purchase Order shall mean a DuPage Airport Authority document which
formalizes a purchase transaction with a vendor. A Purchase Order contains
statements as to quantity, description, price, terms, discounts and date
of performance, transportation and other factors pertinent to the purchase
and its execution by the vendor. Purchase
Orders may be used for goods or services less than $50,000.00.
Acceptance of a Purchase Order by the vendor constitutes a
Contract.
6-6-3-37 Qualified Products List shall mean an approved list of supplies, services or construction items
described by model or catalog numbers which, prior to competitive
solicitation, the DuPage Airport Authority has determined will meet the
applicable specification requirements.
6-6-3-38 Request For Proposals (RFP) shall mean all documents, whether attached or incorporated by reference,
utilized for soliciting competitive Proposals; the RFP procedure permits
negotiation of Proposals and prices as distinguished from Competitive
Bidding and an Invitation for Bids.
6-6-3-39 Responsible Bidder shall mean a
bidder who, in the DuPage Airport Authority’s sole judgment, has the
financial capability, technical ability and record of satisfactory past
performance in all respects to perform in full the Contract requirements
and the integrity and reliability that will assure good faith performance.
6-6-3-40 Sealed Bid shall mean a
Bid which has been submitted in a sealed envelope to prevent its contents
from being revealed or known before the deadline for the submission of all
bids. Sealed Bids are
associated with IFB’s
6-6-3-41 Simplified Purchase Procedures shall mean a procedure in which purchases for goods or services less than
$10,000 are obtained by using the informal bid process.
6-6-3-42 Sole Source Justification shall mean the written justification which rationalizes or justifies a
specified procurement which was accomplished without using full and open
competition.
6-6-3-43 Specifications shall mean any
description of the physical, functional or performance characteristics, or
that which sets forth the nature of a supply, service or construction
item. A specification
includes, as appropriate, requirements for inspecting, testing or
preparing a supply, service or construction item for delivery.
6-6-3-44 Trade Secret shall mean any
aspect of a business or its operation not made available to competitors.
6-6-3-45 Value Analysis shall mean an
organized effort to analyze the function(s) of products, systems
Specifications and standards and practices and procedures intended to
satisfy the required function(s) in the most economical manner.
6-6-3-46 Waiver Of Bids shall mean a
process authorized by the Executive Director to procure items without
Competitive Bidding procedures because of unique circumstances related to
a particular need or procurement, including emergency provisions.
6-4
ADMINISTRATIVE MATTERS
6-4-1
Executive Director.
All purchasing and Contracts shall be administered by, and
shall be under the general supervision of, the Executive Director or
person designated by the Executive Director.
6-4-2
Authority.
The Executive Director or designee shall have the power,
responsibility and duty to purchase or Contract for supplies and
contractual services needed by the DuPage Airport Authority, in accordance
with such rules and regulations as the DuPage Airport Authority’s Board
of Commissioners shall adopt.
6-4-3
Purchase Order/Contract
Signatory Authorities and Approval Thresholds. The following personnel in conjunction with the table below
are required to be approving officials or the actual authority on the
specified procurements:
(a)
Board Of Commissioners:
The Board of Commissioners shall approve all contracts that exceed
$9,999.99.
(b)
Executive Director: The
Executive Director shall approve all contracts over $2,500.01 but less
than $10,000 and approve all sole source
requirements.
(c)
Directors: Directors
shall approve contracts of $1,000.01 up to and including $2,500.
(d)
Managers: Managers shall
approve contracts up to and including $1,000.
(e)
DuPage Airport Authority
Attorney: The DuPage Airport Authority Attorney must review
and approve all contracts in excess of $9,999.99 as to form.
The
following table shall be used to determine Purchase Order/Contract
signatory authorities and approval thresholds for the procurements listed
herein. Authorities are the
approvals necessary prior to soliciting, signing or entering into the
agreement or action. Approvals listed will be signatory authorities for
the actual contractual instrument.
AMOUNT
APPROVALS
$1,000
and less
Responsible Manager
More
than $1,000 but not less than
$2,500.01
Responsible Director
More
than $2,500.0l but not less than $10.000 Executive Director
More
than $9,999.99 (using
Sealed BIds)
Board of Commissioners
Executive Director shall solicit, sign and issue the notice of Award
on all Contracts over $9,999.99.
6-5
AMENDMENTS, CHANGES, AND MODIFICATIONS.
All amendments, changes and modification approvals for a
Contract shall follow the same authority as the original document.
The responsible authority may delegate their authority in writing
(memo or e-mail) to an individual for amendments, changes and
modifications for the specific Contract but may not delegate their
authority as a blanket authority for all future contracts.
The authorized signatory for the Contract or action listed in the
table above may be delegated to a higher authority level; however, under
no circumstances shall it be delegated to a lower level without the
written approval of the Executive Director.
6-6 CHANGE ORDERS AND CHANGES IN
SCOPE OF CONTRACT. The
DuPage Airport Authority may make written changes to the plans,
Specifications, scheduling and performance period of a Contract as long as
the change is determined to be within the original scope of the Contract.
Any change order which exceeds 15% of the original cost of the
Contract shall be justified in writing by the Manager of the Department
responsible for contract administration of the subject Contract and
approved by the Executive Director and shall be within the original scope
of the Contract prior to issuance of the change order to the contractor.
6-7 COMPETITION EXCEPTIONS.
All purchases and Contracts shall be procured competitively if the
aggregate total is more than $9,999.99, with the exception of purchases or
contracts made using the following exemptions.
The applicable exceptions must be cited in the comments section of
the Purchase Order or in a formal memo signed by the proper approving
authority when applicable and placed in the file for audit purposes.
6-7-1 Other Governmental Agencies/Identical Goods or Services.
Purchases made off of another Contract or agreement written by
another state, county, or federal government agency for identical goods or
services. The agreement or Contract must have been formally competed
within the last 12 months, including renewal of option periods, by the
state, county or federal government agency.
This includes GSA contracts up to the limits specified in the GSA
schedule.
6-7-2 Purchases From Other Governmental Agencies.
Purchases directly from federal, state, county or other local
government units.
6-7-3 Purchasing Alliances.
Purchases made off of Contracts awarded through a joint purchasing
alliance of which the DuPage Airport Authority is a member where the
Contract was formally competed by the alliance or group.
6-7-4 Subscriptions. Subscriptions
for magazines, books or periodicals.
6-7-5 Educational Services. Training
classes or instructors up to and including $9,999.99 if the price is
determined to be fair and reasonable.
6-7-6 Resale Items. Purchases
for inventory items intended for the purpose of resale.
6-7-7 Professional Services. Professional
Services up to and including $9,999.99
annually with justification approved by Executive Director.
6-7-8 Personal Service Contracts. Personal
service contracts up to and including $9,999.99 if price is determined to
be fair and reasonable.
6-7-9 Emergencies. Unusual
and compelling urgency - an unusual and compelling urgency precludes full
and open competition where the delay in Award of a Contract would result
in serious injury, financial or otherwise, to the Authority.
6-7-10 Executive Director Determination.
Other exceptions as approved by the Executive Director and which
are in accordance with these policies and procedures.
6-8
MINIMUM COMPETITION REQUIREMENTS.
These minimum competition requirements apply to the purchase
of goods and services which are not exempted from competition:
6-8-1 Verbal Bids Recommended. Purchases
of $999.99 or less do not require competitive bids, however at least three
verbal bids are highly encouraged for every purchase.
6-8-2 Written Bids Required. Purchases
of $1,000.00 and more up to and including $9,999.99 require a minimum of 3
actual bids that are written. The
bids may be informally solicited in writing and may be received via fax,
e-mail, or hand delivered. If three (3)
bids are not received, the file must be documented showing the
efforts made to obtain at least three (3) .
The Executive Director shall approve the Purchase Order and
documentation prior to issuance. If the Award is not made to the lowest
bidder, then the file must be documented to include the rationale for
awarding to other than the lowest bid received.
6-8-3 Formal Bidding Required. The
DuPage Airport Authority will solicit all purchases of $10,000
and more using formal methods and procedures and shall follow the
formal procedures unless otherwise waived as per the requirements under
this document.
6-9 CONTRACT
DURATION. The
length or duration of contracts for goods or services may be written for a
period up to but not to exceed five (5) years, unless circumstances or
conditions exist which are documented to be in the best interest of the
DuPage Airport Authority to enter into contracts for longer periods of
time. Each requirement will be closely looked at by the Executive Director
to determine the duration of the requirement to ensure the DuPage Airport
Authority will benefit from contracts with longer or shorter durations.
The normal procedure for contracts that are longer than 1 year in duration
will be to write them on a yearly basis with option-to-extend provisions,
which will be exercised at the sole discretion of the DuPage Airport
Authority each year contingent upon annual appropriations of the
DuPage Airport Authority.
6-10
OPTION PERIODS.
Contractors should be notified in writing of the DuPage Airport
Authority’s intent whether to exercise an option period within 30
calendar days from the expiration date of the current Contract period.
The DuPage Airport Authority will consider the following criteria
prior to exercising or entering into an extension of a Contract under an
option provision:
6-10-1 Performance. Contractor
has performed satisfactorily under original Contract term.
6-10-2 Need. Services are
still required under the Contract.
6-10-3 Market Conditions. Current
market conditions have not changed from original Contract, therefore the
contractor’s prices under the option period are still considered fair
and reasonable.
6-10-4 Scope of Services. Scopes
of services have not significantly changed from original Contract. (If
scopes of services are significantly changed then re-bid of Contract is
recommended.)
6-10-5 Disclosure Compliance. Contractor
has fully complied with all political contribution disclosure requirements
under this Policy.
6-11
BIDDING OPTION PERIODS.
The DuPage Airport Authority may require contractors to bid option
periods in solicitations. If option periods are bid in solicitations, then
they should be considered to some extent when evaluating the overall low
bidder prior to making an Award. If options periods are bid in
solicitations, contractors will not be allowed to increase their prices
when an option period is entered into unless there have been drastic
economic changes that could not be realistically considered by the
contractor when they submitted their original Bid. In such cases, the
Contractor must submit proper justification of their proposed increase
prior to entering into the option period. The Executive Director will then
determine if the Contractor’s request is reasonable or if it is in the
best interest of the DuPage Airport Authority to re-bid the requirement.
6-12 CONFLICTS OF INTEREST.
In addition to the applicable DuPage Airport Authority Ethics
Ordinance and/or prohibitions listed in the DuPage Airport Authority
Personnel and/or Policies Manual, contracts or Purchase Orders will not be
awarded to consultants, engineers, architects or other professionals for
contract administration services if they were paid for actual design or
specification preparation of the subject project by the DuPage Airport
Authority; nor is a contractor or any affiliated firm of that contractor
allowed to bid on contracts in which they are being paid for contract
oversight without written consent or approval from the Executive Director.
In no event shall the consultant or contractor have full authority for
approving change orders or obligating the DuPage Airport Authority
financially on the Contract for which they are providing oversight
6-13
POLITICAL CONTRIBUTION DISCLOSURE
6-13-1 Disclosure Required. At
the time any Bid is submitted, or upon request by the DuPage Airport
Authority, Providers of Goods and Services to the DuPage Airport Authority
must disclose, on a form available from the DuPage Airport Authority (a
"Statement of Political Contributions" attached hereto at
Appendix 6-A), all contributions made to any Elected Official, as that
term is previously defined herein, that exceed $150.00 total during the 24
months immediately preceding this disclosure.
In addition to the name of the Elected Official, the provider must
disclose on the Statement of Political Contributions, the amount(s) or
value(s), if other than cash, of any contribution(s), the date(s) of any
contribution(s) and the form of any contribution made during the 24 months
preceding this disclosure.
6-13-2 Exception. This
Section 6-13 does not apply to any Provider of Goods and Services who has
not received payment from the DuPage Airport Authority in an amount
exceeding $9,999.99 during the prior 12-month period or to any Provider of
Goods and Services who has been awarded a Contract valued at $9,999.99 or
less.
6-13-3 Persons Required to Disclose. When the provider of goods or services is a business entity,
the disclosures required by section 6-13-1 must be made for those
contributions made in the name of the business and a separate disclosure
must be made for each of the following:
(a)
Significant Ownership.
Each individual owning 25% or more of the stock of a corporation,
regardless of the type of corporation;
(b)
Certain Officers. Each
individual listed as the president, vice-president, treasurer or secretary
of the corporation, regardless of the type of corporation;
(c)
Members of Partnerships.
Each individual member of a partnership, regardless of the type of
partnership;
(d)
Members and Managers of LLC's.
Each individual member and manager of a limited liability company;
and
(e)
Sole Proprietors. Each
individual owner of a sole proprietorship.
6-13-4 Additional Person. When
any person is required to make disclosures pursuant to this Section 6-13,
that person must disclose all information required in this Section for
themselves as well as for each of the following:
(a) Spouse; Children. His
or her spouse and dependant children;
(b) Affiliates. Every
entity in which the person or the person's spouse or dependant children
own more than 5%; and
(c) Spouse/Dependents as Officers. Every association or organization in which the person or the
person's spouse or dependant children are listed as an officer.
6-13-5 Publication by Airport Authority. Biannually, the DuPage Airport Authority will release, for
public inspection, a list detailing the contributions reported to the
DuPage Airport Authority by those Providers of Goods and Services who were
awarded contracts by or received payments from the DuPage Airport
Authority in excess of $9,999.99 during the twelve months prior to the
issuance of said list.
6-13-6 Contents of Disclosure Not Considered. The contents of the Statement of Political Contributions
submitted under this Section 6-13 will not be considered in any decisions
made by any commissioner, employee or representative of the DuPage Airport
Authority, except that any failure to comply with this Section 6-13 will
result in the revocation of an existing Contract or Purchase Order or the
rejection of a Bid or Proposal submitted to the DuPage Airport Authority,
unless the DuPage Airport Authority Board of Commissioners votes to waive
the requirements of this Section 6-13, in accordance with section 6-13-9.
6-13-7 Contracts Let by State. Inasmuch
as the State of Illinois’ ethics policies are currently not as stringent
as this Policy, any Contracts let by the State of Illinois are exempt from
this Section 6-13 because the DuPage Airport Authority does not control
who is awarded a particular State of Illinois contract.
6-13-8 Exemptions. This
Section 6-13 shall not apply to Contracts awarded prior to September 1,
2005 or to compensation paid to someone in his or her role as employee or
Commissioner of the DuPage Airport Authority.
However, all Providers of Goods and Services who receive payments
pursuant to oral agreements before or after September 1, 2005 shall be
subject to the provisions of this Section 6-13 effective September 1,
2005.
6-13-9 Non-Compliance. It
is the DuPage Airport Authority’s policy that this Section 6-13 on
Political Contribution Disclosure be adhered to in all respects.
In the case of non-compliance with Section 6-13, the Airport
Authority reserves the right to make an Award to a Provider of Goods and
Services despite said non-compliance. However, any decision to make such an Award despite a
Provider’s non-compliance with Section 6-13 must be made at a public
meeting after an individual voice-vote by a majority of the Board of
Commissioners of the DuPage Airport Authority present and must be
accompanied by a specific finding by the Board that the named provider did
not comply with Section 6-13 but that such provider is being awarded the
Contract notwithstanding said non-compliance, and the reason therefor.
6-14
EMPLOYEE OWNED BUSINESS.
The DuPage Airport Authority shall not contract for goods
or services for any department if the Contract is with an employee of the
DuPage Airport Authority, with the exception of employment contracts
Furthermore,
contracting for goods or services with a commissioner or a company which is owned in whole or part by an employee or commissioner, or
a member of his/her immediate family, or a company in which an employee or
commissioner or a member of his/her immediate family has a financial
interest (as defined below), is permitted providing a majority of the
Board of Commissioners of the DuPage Airport Authority present at a public
meeting votes to permit same and a disclosure of the relationship is read
aloud prior to the vote being taken.
The
Executive Director shall be notified immediately in writing of such an
ownership interest or financial interest.
For
the purpose of this provision, "owned in part" means having an
ownership interest of more than 5% of the business. "Financial
interest" means any interest in the business by means of a loan or
other evidence of indebtedness, in excess of 5% of said business's
outstanding indebtedness. "Immediate
family" is defined as a spouse, parent, dependent child, or sibling.
6-15
ESTIMATED MAGNITUDES FOR
SOLICITATIONS. Invitations
for Bids (IFB’s) and all associated notice to bidders or advertisements
shall contain an estimated project magnitude in order to inform potential
Bidders what the Authority anticipates the project to cost, without
releasing the actual project estimate. The magnitude is for informational
purposes only and should be used by bidders as a guide to determine if
they have the necessary bonding capacity and capabilities to perform a
project within this magnitude. The
following magnitude ranges shall be used for this purpose:
$50,000.00
up to and including $100,000
$100,000.01 up to and including $250,000
$250,000.01
up to and including $500,000
$500,000.01 up to and including $750,000
$750,000.01
up to and including $1,000,000
$1,000,000.01 up to and including $1,500,000
$1,500,000.01
up to and including $2,500,000
$2,500,000.01 up to and including $5,000,000
$5,000,000.01
up to and including $7,500,000
$7,50
$7,500 ,000.01
up to an including $10,000,000
$10,000,000.01 up to and including $15,000,000
6-16
METHODS OF SOURCE SELECTION - COMPETITIVE SEALED BIDDING - (INVITATION FOR BIDS)
FOR EQUIPMENT, SUPPLIES, MATERIALS, SERVICES AND CONSTRUCTION
6-16-1
Invitation for Bids (IFB’s).
The statement of work or Specifications of the Invitation
for Bids is critical for the success of the procurement since the Award
using sealed bidding must be made without negotiations, unless only one
Bid was received. Basic considerations include the contractual terms and
conditions which must be written to protect the interest of the DuPage
Airport Authority; openness of Specifications; requirements for
transportation and delivery; and instructions as to how the bidder is to
submit the Proposal. A solicitation should seek full and open competition for all
purchases and provide fair and equal opportunity for all qualified persons
or firms to compete. Invitation
for Bids (IFB’s) is the preferred method of procurement for the
DuPage Airport Authority.
6
6-16-2
Invitation for Bids -
Content. The
Invitation for Bids shall include the following: (a) Instructions and
information to Bidders concerning the Bid submission requirements,
including the time and closing date, the address of the office to which
bids are to be delivered; (b) The project description, basis of Award,
delivery or performance schedule and inspection and acceptance
requirements; (c) The Contract terms and conditions, including warranty
and bonding or security requirements, as applicable.
6-16-3
Incorporation by Reference.
The Invitation for Bids may incorporate documents by reference
provided that the Invitation specifies where such documents may be
obtained.
6-16-4
Bidder Submissions-Bid Form.
The Invitation for Bids shall provide a form which shall
include space(s) in which the bid price(s) shall be inserted and which the
bidder shall sign and submit along with all other necessary submissions.
6-16-5
Bidder Submissions-Statement
of Political Contributions Form.
The Invitation for Bids shall provide a Statement of Political
Contributions form which the bidder shall complete and submit along with
all other necessary submissions.
6-16-6
Multiple or Alternate Bids.
The solicitation shall prohibit multiple or alternate bids unless
such bids are specifically provided for in the Invitation for Bids. When
prohibited, the multiple or alternate bids shall be rejected, and a
clearly indicated base Bid will be considered for Award as though it were
the only Bid or offer submitted by the bidder.
6-16-7
Specifications.
Whenever feasible, the DuPage Airport Authority shall issue
product, supply and service Specifications which are not unduly
restrictive. This may include the utilization of life cycle costing and/or
Value Analysis in determining the Lowest Responsible Bidder, provided the
Specifications indicate the procedure and evaluative factors to be used.
Performance Specifications may be used provided they include evaluative
criteria to be used in making the Award.
6-16-8
Solicitation Time.
Except as provided for under this policy and declared emergencies,
the minimum time for solicitation of bids shall be 21 calendar days from
the date the advertisement is posted. When special requirements exist, the
Executive Director may lengthen or shorten the bid time, but in no case
shall the time cycle be shortened if it will reduce competition.
Complicated procurements may have a time period that is longer than the
standard 21 calendar days. The DuPage Airport Authority will document
solicitation times of less than 21 days as to why a reduced bid period was
required. Requests for Proposals (RFP’s) for services must allow a
minimum of 30 calendar days for response, unless approved by the Executive
Director.
6-16-9
Receipt of Bids.
Upon receipt, each Bid shall be time-stamped by machine or
by hand and shall be stored in a secure place until Bid opening time. Bids
shall not be opened upon receipt, with the exception of Bids that must be
opened in order to identify those bids which cannot be visibly identified
by the information on the envelope. If Bids are opened for identification
purposes only, they will be opened and resealed in the presence of witness
(s) and documented as such on the front of the envelope.
6-16-10
Opening & Recording of Bids.
The Executive Director or designee, in the presence of one
or more witnesses, shall open Bids publicly at the time and place
designated in the Invitation for Bids. The name of each bidder, the bid
price(s), and other information as is deemed appropriate by the Executive
Director shall be read aloud or otherwise be made available. The record
shall be available for public inspection and distribution. Except for
those items identified as Proprietary Information, Trade Secrets or other
information protected under the Freedom of Information Act, all data
regarding any particular Bid becomes public information immediately after
a decision or Award relating to that Bid has been made.
6-16-11
One Bid Received.
If only one responsive Bid is received in response to the
Invitation for Bids, a second Invitation for Bids will be made with the
notice for same clearly noting that only one Bid was received in response
to the first invitation. In
the case of a second Invitation for Bids, the price received from the
first invitation shall not be released to the public prior to the second
Invitation for Bids. If after the second Invitation only one Bid is received
again, an Award may be made to the single contractor if the responsive Bid
complies with requirements of this policy,
and the Executive Director finds that the price(s) submitted are fair and
reasonable. If the Executive
Director determines that the price of the one Bid is not fair and
reasonable, negotiations may be entered into with the lone bidder, and an
Award may be made to the lone bidder.
Otherwise, the bid may be rejected or the proposed procurement may
be cancelled.
If
there is inadequate time for a second Invitation for Bids, the resolution
awarding said Contract to the lone bidder shall state such and the
foregoing requirements regarding the receipt of one Bid after a second
solicitation shall be adhered to.
6-16-12
Extension of Time for Bid or
Proposal Acceptance. After
opening of Bids, the Executive Director may request low bidder(s) to
extend the time during which the DuPage Airport Authority may accept their
bids, provided that no other change is permitted. The reasons for
requesting such extensions shall be documented.
6-16-13
Evaluation.
All products or services shall be evaluated against the
requirements stated in the DuPage Airport Authority’s solicitation. In
addition to price, the following factors may be considered in evaluating
any bid response: delivery date after receipt of order, cash discounts,
warranties (type/length), future availability, results of product testing,
local service, cost of maintenance agreements, future trade-in value or
availability of re-purchase agreement, availability of training courses,
financial terms, space limitations, esthetics, adaptability to
environment, cost of operation (if any), safety and health features
relating to regulatory codes or requirements.
The contents of the Statement of Political Contributions shall not
be considered in evaluating any bid response.
However, the failure to comply with said requirement as contained
herein may result in the rejection.
6-16-14
Bid Evaluation - Product
Acceptability. The
Invitation for Bids may require the submission of bid samples, descriptive
literature, technical data or other material necessary to determine
product acceptability. The acceptability evaluation is not conducted for
the purpose of determining whether one bidder’s item is superior to
another but only to determine whether a bidder’s offering will meet the
DuPage Airport Authority’s needs as set forth in the Invitation. Any
bidder’s offering which does not meet acceptability requirements will be
rejected as non-responsive.
6-16-15
Award Using Sealed Bidding.
The Contract shall be awarded to the Lowest Responsive and
Responsible Bidder whose Bid meets the requirements and the criterion set
forth in the Invitation for Bids, this policy and is determined to be in
the best interest of the DuPage Airport Authority. Negotiations are not
allowed when using sealed bidding unless only one Bid was received. The
Executive Director may determine to make whole or partial Awards or may
reject all bids if prices are determined to be unreasonably high or
unrealistically low. If insufficient funds are available to award a
Contract, the solicitation may be canceled or the Executive Director may
choose to re-scope the project and re-solicit bids, as may be determined
to be in the best interest of the DuPage Airport Authority.
6-16-16
Low Tie Bids.
Tie bids are low responsive bids from Responsible Bidders that are
identical in price and which meet all the requirements and criteria set
forth in the Invitation for Bids. At the discretion of the Executive
Director, Award shall be made, if possible, by methods including split
orders and rotations or, if not possible to make split or rotational
Awards, then drawing of lots or flipping of a coin will be used to
determine the Award.
6-16-17
Telephone Bids.
Telephone bids will not be accepted in formal solicitations,
except as provided for herein, unless the Executive Director shall make
written determination that market conditions are of such a nature that it
is in the Best Interest of the Authority to solicit telephone bids, such
as the purchase of petroleum fuels on a daily basis, under changing market
conditions or under solicitations during a declared emergency.
6-16-18
Electronic and Facsimile
Bids. Bids
submitted by facsimile transmission to the DuPage Airport Authority’s
Office prior to the Bid opening may be accepted under the following
conditions: 1) the facsimile Bid must refer specifically to the applicable
Invitation for Bids; 2) it must set forth the items, quantities, prices
and deliveries offered; and 3) it shall state that the Bid complies with
the terms and conditions of the Invitation for Bids and is being confirmed
by submission of the properly executed bid documents and Statement of
Political Contributions.
Facsimile transmissions to the DuPage Airport Authority’s Office
will not be accepted in the formal competitive Sealed Bid process unless
the Invitation for Bids specifically allows them.
6-16-19
Modification or Withdrawal of Bids. Bids
may be modified or withdrawn by written correspondence or facsimile notice
to the DuPage Airport Authority’s Office prior to the time set for Bid
opening.
6-16-20
Withdrawal of Bid Prior to Bid Opening. The
bidder, prior to the specified Bid opening time and date, may withdraw any
Bid if the bidder’s representative appears at the DuPage Airport
Authority’s office or if the Executive Director receives a written
request for withdrawal.
6-16-21
Withdrawal of Bid after
Opening but Prior to Award.
No Bid may be withdrawn or Contract negated unless the bidder or
contractor can establish that the Bid or Contract contains mistakes
despite the exercise by the bidder or contractor of reasonable care. The
test of reasonable care shall be that 1) the mistake relates to a material
feature of the Contract; 2) the mistake occurred despite the exercise of
reasonable care; and 3) withdrawal is deemed by the Executive Director to
be in the best interest of the DuPage Airport Authority.
6-16-22
Records.
All documents relating to the modification or withdrawal of bids
shall be made part of the appropriate procurement file.
6-16-23 Minor
Informalities/Irregularities In Bids. A
minor informality or irregularity is one that is merely a matter of form
and not of substance. It also pertains to some immaterial defect in a Bid
or variation of a Bid from the exact requirements of the invitation that
can be corrected or waived without being prejudicial to other bidders. The
defect or variation is considered immaterial when the effect on price,
quantity, quality or delivery is negligible when contrasted with the total
cost or scope of the services being acquired. If the Executive Director
determines that the Bid submitted contains a minor informality or
irregularity, then he/she either shall give the bidder an opportunity to
cure any deficiency resulting from a minor informality or irregularity in
a Bid or waive the deficiency, whichever is to the advantage of the
Authority. In no event will the bidder be allowed to change the Bid
amount. Examples of minor informalities or irregularities include but are
not limited to the following:
(a) Insufficient
Number of Copies. Bidder
fails to return the number of copies of signed bids required by the
Invitation for Bids.
(b) Failure
to Sign Bid. Bidder fails
to sign the Bid, but only if the unsigned Bid is accompanied by other
material evidence, which indicates the bidder’s intention to be bound by
the unsigned Bid. (such as Bid Bond, or signed cover letter which
references the bid number or title and amount of Bid)
(c) Failure
to Acknowledge Amendment. Bidder
fails to acknowledge an amendment - this may be considered a minor
informality only if the amendment, which was not acknowledged, is
insignificant and involves only a matter of form or has either no effect
or merely a negligible effect on price, quantity, quality, or delivery of
the item or services bid upon.
6-16-24 Late Bids. Any bid withdrawal or modification to bids received
after time and date set for opening shall be considered late and shall be
rejected and returned unopened to the bidder, except as provided herein.
All sealed competitive bids shall be opened as soon as possible after the
time designated by the Invitation. Bids received after the Bid opening
time shall not be opened but shall be rejected as a late Bid. The
responsibility to ensure that Bid solicitations are obtained and that bids
are received prior to the opening date and time rests with the vendor. The
Executive Director may permit the following exceptions:
(a) Emergencies.
In the event of a public labor unrest (strike, work slow down,
etc.), which may effect mail delivery, the Executive Director may develop
and issue emergency procedures.
(b) Airport
Authority Responsibility. There
is conclusive evidence that the Bid was submitted to the office designated
in the IFB or RFP, on time and was mishandled by the DuPage Airport
Authority’s personnel responsible for handling/receiving bids (i.e. lost
or misplaced).
(c) Only
Bid. It was the only Bid
received.
(d) Executive
Director Determination. The
Executive Director shall rule any other situation, which is beyond the
control of both the DuPage Airport Authority and the vendor, as to the
acceptability of the Bid.
6-16-25
Public Notice-
Advertisement. Invitations
for Bids or notices of the availability of Invitations for Bids shall be
posted on the DuPage Airport Authority's website, mailed, faxed or
otherwise furnished to a sufficient number of prospective bidders to
secure adequate competition. For formal bids in excess of $9,999.99,
public notice shall be published at least once in a newspaper of general
circulation and/or in as many trade publications, secondary newspapers and
the DuPage Airport Authority’s Web Page to assure competition is
maximized, at least 14 calendar days prior to the date for Bid opening,
except as outlined herein.
6-16-26 Waiver of Public Notice-Advertisement. The Executive Director may authorize the waiver of
public notice for requirements in excess of $9,999.99 upon written
determination that circumstances call for quick procurement action.
Supplies or equipment may be needed promptly for backup to insure against
downtime; a significant price increase on a needed item may be imminent;
the scope of an ongoing task may be unexpectedly expanded. In these kinds
of situations the Executive Director will make a special effort to obtain
written competition or Sealed Bids but may waive the publication of notice
in the newspaper.
6-16-27 Public Availability.
A copy of the Invitation for Bids shall be made available for
public inspection at the DuPage Airport Authority’s Office or via the
DuPage Airport Authority’s website.
6-16-28 Pre-Bid Conferences. Pre-bid conferences may be conducted for the purpose
of explaining the procurement requirements. They shall be announced to all
prospective bidders known to have received the Invitation for Bids. The
conference should be held long enough after the Invitation has been issued
to allow bidders to become familiar with it, but with adequate time before
Bid opening to allow consideration of the conference results in preparing
the Bid. The Pre-bid conferences may be mandatory if determined
necessary to ensure familiarity of the project prior to bidding by all
bidders. Nothing stated at such conference shall change the Invitation for
Bids unless the change is made by written amendment.
6-16-29
Addenda/Amendments to Invitations for Bids. Addenda/Amendments
to Invitations for Bids shall be identified as such and shall require that
the bidder acknowledge receipt of all amendments issued with their Bid or
Proposal. The amendment shall reference the portions of the Invitation it
amends. Amendments shall be sent to all prospective bidders known to have
received an Invitation for Bids, as well as made available on the DuPage
Airport Authority’s website. Amendments shall be distributed within a
reasonable time to allow prospective bidders to consider them in preparing
their bids. If the time set for Bid opening will not permit such
preparation, to the extent possible the Bid preparation time shall be
increased in the amendment or, if necessary, by telephone, and confirmed
in the amendment. Questions received by prospective bidders concerning the
Invitation for Bid, both technical and contractual in nature, will be
answered in the form of an amendment to allow all potential bidders to
share the same information.
6-16-30 Distribution
of Addenda/Amendments.
Addenda/Amendments to Invitations for Bids shall be sent to all
prospective bidders known to have received an Invitation for Bids and
posted on the DuPage Airport Authority’s website for electronic
distribution (downloading). Regardless of the distribution, it is still
the overall responsibility of the bidder to ensure they have received all
previously issued Addenda/Amendments prior to submission of their Bid.
6-16-31 Confidential Data.
The Executive Director shall examine all Bids to determine the
validity of any requests for non-disclosure of Trade Secrets or other
proprietary data identified in writing. The bidder, prior to the Bid
opening under separate cover, shall submit such requests. If the parties
do not agree as to the disclosure of data, the Executive Director shall
inform the bidder in writing what portions of the Bid will be disclosed
and that, unless the bidder Protests in accordance with Section 6-20 of
these rules, the bids will be so disclosed.
6-16-32
Mistakes in Bids - Confirmation of Bid. When
it appears from a review of the Bid that a mistake has been made, the
Executive Director shall be responsible for requesting the bidder to
confirm their Bid in writing. Situations in which the confirmation should
be requested include obvious, apparent errors on the face of the Bid or a
Bid unreasonably lower than the other bids submitted. If the bidder
alleges mistake, the Bid may be withdrawn only if the provisions of this
policy are followed. Bidders may request in writing to the Executive
Director that they be allowed to correct a mistake in their Bid; however,
the mistake has to be apparent and substantiated by evidence provided by
the bidder that the mistake was valid. The Executive Director will
evaluate the request and make a determination in writing as to whether the
correction of the mistake is allowed. Further, bidders will not be allowed
to correct other than apparent typographical errors if their correction
would displace another bidder.
6-16-33 Mistakes Where Intended
Correct Bid is Evident.
If the mistake and the intended correct Bid are clearly evident to
the Executive Director on the face of the Bid document, the Bid shall be
corrected by the bidder to the intended correct Bid and may not be
withdrawn. Examples include typographical errors, errors in extending unit
prices and transposition errors.
6-16-34 Mistakes Where Intended Correct Bid Is Not Evident to the
Director. A bidder may be permitted to withdraw a Bid if the
bidder submits proof of evidentiary value in accordance with provisions of
this policy.
6-16-35 Mistakes Discovered Before
Opening.
A bidder may correct mistakes discovered before Bid opening by
withdrawing or correcting the Bid as outlined this policy.
6-16-36 Determination Required. Any decision to
permit or deny correction or withdrawal of a Bid under this section shall
be supported by a written determination by the Executive Director.
6-16-37 Mistakes After Award of
Contract. When a mistake
in a contractor's Bid is not discovered until after award of a Contract,
the mistake may be corrected by Contract change order if
correcting the mistake would be favorable to the Authority without
changing the Specifications. If the mistake is not in the favor of the
DuPage Airport Authority, the Executive Director will have the following
options:
(a)
Rescission.
To rescind the Contract via termination;
(b) Denial.
Deny the Contractor's request to correct the mistake; or
(c) Reformation.
To reform the Contract by the following actions:
Delete
the item (s) involved in the mistake.
To increase the price of the Contract by allowing the correction of the
mistake, as long as the correction or increase in price does not exceed
the price of the next lowest bidder. Note: Partial corrections will not be
allowed in order to stay below the next lowest bidder's price.
In
all cases, the burden of proof rests with the contractor. The alleged
mistake must be proven by clear and convincing evidence that a mistake was
indeed made. The Executive Director shall request the contractor to
support the alleged mistake by submission of written statements and
pertinent evidence such as, but not limited to: Contractor's file copy of
Bid, contractor's original worksheets, including supporting data used to
prepare Bid, subcontractor or supplier quotes and any other evidence that
will serve to establish the mistake, the manner in which the mistake
occurred and the Bid actually intended. If there is not clear and
convincing evidence to support the alleged mistake, then no action will be
taken.
6-16-38
Waiver of Competition. The Executive
Director may elect to waive the competitive bidding process for
services/products which total less than $10,000 in the aggregate under
certain conditions including: (a) a needed product or service which is
available from only one supplier (sole source), (b) a particular product
is wanted for experiment or trial, (c) additional products are required to
complete an ongoing task, (d) the amount of the purchase is too small to
justify the expense of soliciting quotations, (e) a purchase is made from
another unit of government, or (f) the purchase of a used item is
advantageous and the item is available only on short notice and subject to
prior sale.
The
Board of Commissioners may elect to waive the competitive bidding process
for services/products which total more than $9,999.99 under the conditions
cited above except for condition (d).
The DuPage Airport Authority shall require competition wherever
practicable, and, except for small purchases, the basis and reasons for
each waiver shall be documented as public record.
6-16-39 Sole Source Procurement. Sole source purchase
requirements may arise from a number of circumstances including, but not
limited to:
(a) Sole
Supplier. The purchase of
technical equipment for which there is no competitive product and which is
available only from one supplier.
(b) Replacement
Parts; Restricted Availability. The
purchase of a component or replacement part for which there is no
commercially available product and which can be obtained only from the
manufacturer.
(c) Compatibility
Required. The purchase of
an item where compatibility is the overriding consideration.
(d) Used
Items. The purchase of a
used item which becomes immediately available and is subject to prior
sale.
(e) Testing.
The purchase of a particular product for trial or testing.
(f) Executive
Director Determination. The
Executive Director, in writing, determines use of a sole source to be in
the Best Interest of the Authority based on unusual or compelling urgency.
(g) Warranty
Preservation. The use of
other then OEM parts would void a still valid warranty.
(h) Limited
Suppliers. Sole source
refers to the supplier, not a product or service.
Thus, the ability to meet a delivery date or to provide on-call
repairs can create a sole source that is a single supplier condition.
Justification for a sole source purchase depends upon a needed item
being available from only a single supplier under the prevailing
conditions. If the item may
be obtained from more than one source, price competition shall be
solicited.
6-16-40 Written Justification.
A written justification approved by the Executive Director and any
other approving authority, depending on total value of the procurement,
shall be included in the file for all procurements that exceed the
competition threshold of $999.99 that were awarded as "Sole
Source". This
justification shall completely explain the rationale used in determining
"sole source" as well as the determination that the awarded
price is "fair and reasonable" using an element of price
analysis justifying the total cost.
6-16-41 Purchase of Items Separately
from Construction Contract.
The Executive Director and using agency are authorized to determine
whether a supply item or group of supply items shall be included as a part
of, or procured separately from, any Contract for construction.
6-16-42 Procurement of Services/Construction by Purchase Order. If the Executive Director deems it to be in the Best
Interest of the Authority, services or construction which are simple and
which typically involve no more than one or two trades may be procured
through the use of a Purchase Order approved by the Executive Director,
subject to the rules governing that method of procurement. The normal rule
for allowing such services to be ordered under a Purchase Order is as
follows:
(a) Time
to Perform. Less than 60
days performance with a defined completion date ;
(b) $10,000
Limit; Competition. Less
than $10,000 and competition
was obtained to determine fair price;
(c) Vendor
Acceptance of Terms. Vendor
or contractor signs the Purchase Order acknowledging full acceptance of
the terms;
(d) Vendor
Disclosure. Vendor or
contractor completes and submits a Statement of Political Contributions
along with the signed Purchase Order.
6-16-43 Disposition of Bid Security.
Bid security, if any, shall be returned to the bidder when
withdrawal of the Bid is permitted, the Contract is awarded to another
firm or Invitation for Bids are canceled after opening. Normally, bid
securities in the form of bonds will not be returned to unsuccessful
bidders unless requested since they normally expire after Contract is
awarded and become invalid automatically.
6-16-44
Disadvantaged, Minority or Small Business Enterprises.
No provision is made in these rules for preferences or
set-asides for small, minority or
women owned businesses. It
is, however, the policy of the DuPage Airport Authority to make every
effort to solicit and encourage small, minority or women-owned business
participation for the DuPage Airport Authority’s purchasing or
Contracts.
6-16-45
Equal Opportunity.
The DuPage Airport Authority shall be responsible for ensuring the
procurement of products, commodities and services are in a manner that
affords all responsible businesses a fair and equal opportunity to
compete.
6-16-46
Adequate Competition. It
is the responsibility of the DuPage Airport Authority’s staff to ensure
that an adequate selection of bidders is solicited for every requirement
for achieving optimum competition. This responsibility includes selecting
other advertising methods or vehicles when sources may be limited.
6-17 METHODS OF SOURCE SELECTION - REQUEST FOR PROPOSALS (RFP) (FORMAL)
6-17-1
Definition.
Requests For Proposals (RFP) is an objective method of
contracting for goods or services whereby Proposals are solicited from
qualified contractors, following submission of which changes in Proposals
and prices are allowed, and the offer deemed by the DuPage Airport
Authority to be most advantageous in terms of criteria as designated in
the Request for Proposal, as determined by the Executive Director to be in
the Best Interest of the Authority, may then be accepted. An RFP should
not be used when the service or equipment to be contracted is
standard, routine or common "off the shelf" type items or if
there is an industry standard associated with the service or commodity to
be contracted. A Request for Proposals (RFP) is a very time-consuming and
costly method of procurement that should only be used when sealed bidding
is not appropriate.
6-17-2
When Requests for Proposals are Practicable. Factors
to be considered in determining whether Requests for Proposals are
practicable include:
(a)
Contract
Value. Estimated Contract
value is more than $50,000.
(b)
Specialized
Requirements. Requirement
is highly technical, unusual, is not standard "off the shelf"
item, or there is not any clear standards or Specifications available to
use in the solicitation.
(c)
Non-Fixed
Price Contract. If the
Contract needs to be other than fixed-price type.
(d)
Discussion
Required. If it may be
necessary to conduct oral or written Discussions with offerors concerning
technical and price aspects of their Proposals.
(e)
Revision
of Proposals Required. If
it may be necessary to afford offerors the opportunity to revise their
Proposals.
(f)
Most
Advantageous Offering. If
it may be necessary to base Award on a comparative evaluation as stated in
the request for Proposals of differing price, quality and contractual
factors in order to determine the most advantageous offering to the DuPage
Airport Authority.
(g)
Non-Price
Considerations. If the
primary consideration(s) in determining Award may be factors other than
price(s).
6-17-3
When Requests for Proposals are Advantageous. A
determination will be made to use competitive sealed Proposals if it is
determined to be advantageous to the Authority. Factors to be considered
in determining whether Requests for Proposals are advantageous include:
(a)
Prior
Experience. If prior
procurements indicate that competitive sealed Proposals may result in more
beneficial Contracts for the Authority.
(b)
Technical/Complex
Requirements. The
requirement is highly technical or complex in nature and would be more
advantageous to the DuPage Airport Authority to use the Request for
Proposal method of source selection.
(c) RFP
More Desirable. If the
factors listed in this section are more desirable than necessary in
conducting a procurement, then such factors may be used to support a
determination that Requests for Proposals are advantageous.
6-17-4 Determinations. Before a solicitation is issued by using competitive
sealed Proposals (RFP), the Executive Director shall determine in writing
that competitive sealed bidding is either not practicable or not
advantageous to the Authority. The Executive Director may make
determinations by category of supply, service or construction item(s) that
it is either not practicable or not advantageous to the Authority to
procure specified types of supplies, services, or construction by
competitive sealed bidding. Procurements of the specified types may then
be made by competitive sealed Proposals based on this determination. The
Executive Director may revoke such determination at any time, and all such
determinations shall be reviewed from time to time for current
applicability.
6-17-5
Dollar Thresholds for RFP’s.
Formal Requests for Proposals shall be issued by the DuPage Airport
Authority for requirements that are estimated to exceed $9,999.99.
Solicitations in the form of informal RFP’s may be issued for
requirements estimated to be less than $10,000 if more than one vendor is
known to exist that has the capabilities of providing the product or
service. The Executive Director may accept written justification from the
using agency for a sole source professional service Contract even though
it may exceed $9,999.99.
6-17-6 Content
of the Request for Proposals.
The Request for Proposals shall be prepared using the following
sections:
(a Section
I. Proposal Information:
This section includes where to submit Proposals, how many copies, when
they are due, information regarding amendments, basis of Award and
acceptance time period.
(b)
Section
II Minimum
Specifications: This section will include project scope, location,
performance period and general information.
(c)
Section
III. Proposal Content:
This section includes a list of the requirements a potential offeror must
address and include in his Proposal.
(d) Section
IV. Evaluation Criteria:
This section includes the evaluation process, the evaluation criteria and
its order of importance, and how the Proposals will be evaluated.
(e)
Section
V. Terms and
Conditions/Attachments/Exhibits: This section includes attachments such as
sample evaluation score sheets, drawings, sketches, sample Contract,
general conditions, special instructions, insurance requirements, etc.
6-17-7
Evaluation Process.
(a) Objective
Evaluation, The Request
for Proposal evaluation process shall be conducted as a fair and objective
process which requires the evaluation committee to evaluate all Proposals
on the specific criteria in the RFP.
(b) Confidentiality.
Complete confidentiality is an ethical and legal requirement and is
vital to fair, equitable evaluation. Before Proposals are received, the
Project Manager serves as the sole technical contact for vendors and all
RFP procedures and communication. After Proposals are submitted, all
vendor contact is through the Executive Director’s office or the
designated project manager. Please remember that vendor information,
number of Proposals received, results and other evaluation proceedings are
confidential at all times.
(c) Evaluation
Panel. Evaluation panel
will be selected by the Executive Director. Evaluation panel
members shall be required to sign a Procurement Integrity statement
of confidentiality prior to evaluating Proposals. Committee members shall
score each Proposal individually and independently; however, group
Discussions are encouraged to discuss technical views to arrive at a
better understanding of technical Proposals during the evaluation process.
The results of the scoring by the evaluating committee shall be totaled to
determine the overall highest rated Proposal. The suggested method for
totaling scores is by each evaluators rankings of the Proposals, i.e., 1,
2, 3, etc.
(d) Interviews.
If interviews are part of the evaluation criteria, the RFP must
contain language that allows for them, and the criteria for evaluating the
interviews must be sent to the offeror who will be interviewed prior to
the actual interview.
(e) Competitive
Ranges. The evaluation
committee, prior to entering into Discussions with any offerors, will make
competitive range determinations. Any and all offerors determined
to be within the competitive range must be given an opportunity to
interview.
(f) Final
Offers. Best and final
offers may be requested at the conclusion of Discussions, if Discussions
are determined necessary.
(g) Notification.
All offerors shall be notified as to whether they were successful
at the same time the successful or selected contractor is notified of
their selection.
(h) Debriefing.
All offerors are allowed to schedule a debriefing with the
Executive Director to go over the weaknesses and strengths of their
Proposal. The strengths and weaknesses of other Proposals will not be
discussed.
6-17-8 Competitive Range
Determination
(a) Determination.
The evaluation committee, through the Executive Director, shall
determine which Proposals are in the competitive range for the purpose of
conducting written or oral Discussions/interviews. The competitive range
shall be determined on the basis of both cost and technical criteria
stated in the RFP. The determination shall include all Proposals that have
a reasonable chance of being selected for Award. When there is doubt as to
whether a Proposal is in fact within the competitive range, the Proposal
shall be included.
(b) Technical
Proposals. If the Request
for Proposal (RFP) initially solicits unpriced technical proposals, they
shall be evaluated to determine which are acceptable to the DuPage Airport
Authority. After necessary discussion of these technical proposals is
completed, the evaluation selection committee shall request the price
proposals from all offerors who submitted an acceptable technical Proposal
and make the Award to the lowest responsible offeror.
6-17-9
Written or Oral Discussions. If a Contract Award
cannot be made on initial offers as submitted, the evaluation selection
committee, through the Executive Director, shall conduct written or oral
Discussions with all responsible offerors within the competitive range.
The following guidelines may be used when conducting written or oral
Discussions with each offeror:
6-17-10
Things To Do Regarding RFP's
(a) Advise
of Deficiencies. Advise
the offeror of deficiencies in its Proposal so the offeror is given an
opportunity to satisfy the DuPage Airport Authority’s requirements.
(b)
Clarify
Uncertainties. Attempt to
resolve or clarify any uncertainties concerning their Proposal.
(c) Resolve
Mistakes. Resolve any
suspected mistakes.
(d) Notice
of Scoring. If interviews
are conducted as per the RFP and questions are given out to each offeror,
then the scoring of these questions must be clearly written in the RFP. If
the scoring is not listed in the RFP, then an amendment must be issued
with the questions that clearly describes how the questions will be scored
and evaluated. All offerors should be given the same questions and scored
according to the RFP or Amendment. Note:
If interviews are listed in the RFP, then it is not a requirement to
request best and final offers unless the interviews involve price or cost
questions that would require an offeror to revise their prices. The
evaluation criteria of the interviews must be clear to all offerors within
the competitive range.
(e) Opportunity
to Revise Proposal. Provide
each offeror a reasonable opportunity to submit revisions to both their
technical Proposals and price Proposals, as discussed, by requiring
submission of best and final offers by each offeror within the competitive
range at the conclusion of Discussions.
Note: Offerors should be reminded that best and final offers
are not mandatory. They are only an opportunity to revise if necessary.
(f) References.
Provide the offeror a reasonable opportunity to discuss past
performance information obtained from references. Names of individuals
providing references information shall not be disclosed.
6-17-11
Things Not To Do Regarding RFP's
(a) Technical
Leveling. The purpose of
Discussions is not to engage in technical leveling (helping an offeror
bring Proposal up to the level of others) of Proposals.
(b) Auctioning.
Do not use auction techniques such as indicating a cost or price an
offeror must meet to be considered, advising an offeror of its price
standing relative to the other offerors, or otherwise furnish information
about other offerors prices. (It
is permissible to inform an offeror that his prices are unrealistic or too
high.)
(c) Disclosure
of Offerors Remaining. Do not
inform an offeror of the number of offerors still within the competitive
range.
6-17-12
Best and Final Offers
(a) Request
for Best and Final Offers. Upon
completion of Discussions, the evaluation selection committee may issue to
all offerors still within the competitive range a request for best and
final offers. Oral requests for best and final offers shall be confirmed
in writing.
(b) Required
Inclusions. The request shall
include:
Notice that Discussions are concluded.
Notice that this is an opportunity to submit a Best and Final
Offer.
A due date for submission of the Best and Final Offer.
Note that this is only an opportunity to revise their Proposals. If
they chose not to submit a Best and Final Offer, then their original
Proposal as submitted will be considered.
After receipt of Best and Final Offers, the evaluation selection
committee shall evaluate them accordingly and recommend Award be made to
the offeror whose best and final offer is most advantageous to the DuPage
Airport Authority considering price and the other factors included in the
RFP.
6-17-13
Proposal Preparation Time.
Proposal preparation time should be set to provide offerors 30
calendar days under normal circumstances to prepare and submit their
Proposals. The Executive Director may modify this requirement to require
less time on less complicated requirements, but in no event will the
period be less than 14 calendar days.
6-17-14 Form of Proposal. The manner in which Proposals are to be submitted,
including any forms for that purpose, may be designated as a part of the
Request for Proposals in Section III.
6-17-15
Pre-Proposal Conference.
Pre-proposal conferences may be held. Any such conference should be
held a minimum of 10 calendar days prior to the submission of initial
Proposals.
6-17-16 Modification or Withdrawal of Proposal.
Proposals may be modified or withdrawn by any offeror prior to the
established due date and time.
6-17-17
Receipt of Proposals.
The time and date for receipt of Proposals will be included in the
RFP and may read a specific time or "close of business" on a
certain date. If a specific time is cited, then Proposals must be received
by the time or they are considered late and will not be accepted. If
"close of business" is cited, then Proposals may be accepted at
any time during business hours on the date specified. Proposals will not
be opened publicly, nor will the list of the names of proposers or the
number of Proposals received be released publicly until such time the
evaluation process is completed.
6-17-18
Late Proposals. Late proposals shall be handled in the same manner as
late Bids.
6-17-19
Only One Proposal Received.
If only one Proposal is received in response to a Request for
Proposal (RFP), a second Request for Proposals will be made with the
notice for same clearly noting that only one Proposal was received in
response to the first Request. In
the case of a second Request for Proposals, the price received from the
first Request shall not be released to the public prior to the second
Request for Proposals. If after the second Request only one Proposal is received
again, the Executive Director has the following options:
(a) Proceed
With Evaluation. Proceed with
the evaluation of the Proposal from the single offeror; if the offer meets
the requirements of the Authority as stated in the RFP and the cost is
determined to be fair and reasonable through negotiations, an Award may be
made.
(b) Resolicitation.
If the evaluation determines that the only offeror does not meet
our needs, or negotiations of the cost do not result in a fair and
reasonable price, then the solicitation may be canceled and resolicited at
a later date. Note: If
the solicitation is canceled, the Proposal shall be returned to the
offeror and the canceled solicitation file shall be documented as to why
it was canceled.
If
there is inadequate time for a second Request for Proposals, the
resolution awarding said Contract to the lone Proposal shall state such
and the foregoing requirements regarding the receipt of one Proposal after
a second solicitation shall be adhered to.
6-17-20
Evaluation of Proposals.
The Request for Proposals shall clearly define all evaluation
criteria in order of importance, including price. Numerical rating systems
and/or weights may be used but are not mandatory to be listed in the RFP.
However, the criteria listed in the RFP must be listed in order of
importance, and the weights or points assigned by the evaluation committee
prior to evaluating Proposals must follow the listed importance
accordingly. The evaluators shall not consider criteria that are not
specified in the Request for Proposals when evaluating Proposals.
Selection for the Award shall be conclusive based on scoring criteria as
specified in the RFP. The Authority reserves the right to enter into
contractual negotiations with the highest ranked firm selected by the
evaluation committee. If a mutual contractual relationship cannot be
established that will meet the DuPage Airport Authority’s needs, then
the DuPage Airport Authority reserves the right to enter into negotiations
with the second highest ranked firm and so on.
6-17-21
Proposal Discussions with Individual Offerors.
Discussions are held to promote understanding of the DuPage Airport
Authority’s requirements and the offeror’s Proposal, to facilitate
arriving at a Contract that will be most advantageous to the DuPage
Airport Authority, taking into consideration price and the other
evaluation factors set forth in the Request for Proposals. Offerors
determined to be within the competitive range shall be accorded fair and
equal treatment with respect to any opportunity for discussion and
revisions of Proposals prior to Award for the purpose of obtaining best
and final offers. Auction techniques or disclosure of any information
derived from competing Proposals are prohibited. Any substantial oral
clarification of a Proposal shall be reduced to writing by the offeror.
6-17-22
Mistakes in Proposals.
When it appears from a review of the Proposal before Award that a
mistake has been made, the offeror should be asked to confirm the
Proposal. If the offeror alleges mistake, the Proposal may be corrected or
withdrawn in accordance with rules governing mistakes in bids.
6-17-23
Award of Contract. Award
shall be made to the responsible offeror whose Proposal is determined to
be most advantageous to the DuPage Airport Authority and in the Best
Interest of the Authority based on the evaluation factors set forth in the
Request for Proposals. No other factors or criteria shall be used in the
evaluation. If an evaluation committee is established, that committee may
make that determination or may make recommendation to other levels of the
Authority organization and the Executive Director. The Contract file shall
contain the basis on which the Award is made.
An offeror who has failed to accurately complete a Statement of
Political Contributions may be denied an Award for such failure.
6-17-24
Debriefing Unsuccessful Offerors.
If requested, an offeror shall be debriefed and furnished the basis
for the selection and Award of the Contract. Debriefings shall include the
following information:
(a) Evaluation
Scores. Copies of the offeror’s
evaluation score sheets showing the strengths and weaknesses of their
Proposal as evaluated by the committee.
(b) Cost/Rating
of Winning Contractor. The
overall evaluated cost and technical rating of the winning contractor.
(c) Overall Ranking.
The overall ranking of all offerors.
(d) Rationale.
A summary of the rationale for Award.
(e) Question
and Answer. Answer any
relevant questions about the process the offeror may have.
(f) Comparisons.
DO NOT provide point-by-point comparisons of the debriefed offerors
Proposal with those of other offerors, or any items listed in other
offerors Proposals that may be marked confidential or proprietary.
6-17-25
Public Notice-Advertisement. Public
Notice shall be given by advertising the Request for Proposals in the same
manner provided for the Invitation for Bids.
6-17-26
Amendments to RFP. Amendments
to Requests for Proposals may be made in accordance with Amendments to
Invitation for Bids prior to submission of Proposals. After submission of
Proposals, any amendments shall be distributed to all offerors who
submitted Proposals.
6-18 METHODS
OF SOURCE SELECTION - SMALL PURCHASES AND INFORMAL BIDS
6-18-1 Definition.
The procurement of supplies, equipment, materials or services
having an estimated value of less than $10,000
may be made on the open market by informal methods without public
notice and advertisements and without following steps outlined herein.
6-18-2 Competition Dollar Threshold. The DuPage Airport
Authority may acquire supplies, materials, equipment, or services costing
less than $1,000
without benefit of documented
quotations or written competitive bids. The Director/Manager
acquiring goods or services in this manner shall be expected to use
professional judgment to ensure that the DuPage Airport Authority is
receiving maximum value. This rule does not preclude the option to receive
written or telephone quotations. Procurement requirements shall not be
artificially divided so as to constitute a small purchase under this rule.
6-18-3
Documented Written Quotations.
The Authority may procure supplies, equipment, materials, and
services less than $10,000 by soliciting written Specifications and
securing documented written quotations which provide (a) the name of the
company or firm, (b) the person providing the quotation, (c) the delivery
date, (d) FOB information, (e) cash terms, and (f) price(s) of item(s).
A minimum of three (3) businesses, if available, handling the
particular commodity or service shall be requested to provide written
quotations. A "No Bid" shall not meet the requirement of
a responsible Bid. Award shall be made to the business offering the lowest
acceptable quotation, delivery and terms being a consideration. The
Authority shall maximize the opportunity for small, minority,
disadvantaged and women-owned businesses to participate in informal bids.
6-18-4 Sealed Competitive Bids.
Any acquisition for supplies, equipment, materials, or
services, which is estimated to exceed $9,999.99 shall be processed
formally in accordance with Competitive Sealed Bid procedures herein.
Sealed competitive bids may be used to acquire any goods, services or
construction at lower dollar amounts if the Executive Director determines
it to be in the Best Interest of the Authority.
6-18-5
Sole Source Procurement. Sole source procurement is permissible if a
requirement is available from only a single supplier. A requirement for a
particular proprietary item does not justify sole source procurement if
there is more than one potential bidder or offeror for that item or
service. Some examples of circumstances that could necessitate sole source
procurement are:
(a) Compatibility.
Compatibility of technical equipment, accessories, or replacement
parts is the paramount consideration.
(b)
Testing.
Where a sole supplier’s item is needed for trial or testing
purposes.
(c) Unique
Products. The purchase of
supplies or equipment for which there is no competitive product.
(d) Used Equipment.
The purchase of used equipment which may become immediately
available and subject to prior sale.
(e)
Compelling
Reason. There is clear and
compelling reason that sole source is justified and is approved by the
proper authority in these regulations
(f) Written
Determination. The Executive
Director or designee shall make a written determination that procurement
is sole source, setting forth the reasons. In cases of reasonable doubt,
competition should be solicited. Any request by a using agency that
procurement be restricted to one potential supplier shall be accompanied
by a written explanation as to why no other will be suitable or acceptable
to meet the need.
6-18-6 Emergency Procurement - Definition.
Emergency Purchases made without compliance with the requirements
herein are not to be made unless true and justifiable emergencies exist. Emergencies are defined as “need for parts, supplies, and
services required in connection with repairs due to breakdown of major
equipment that must be kept running, natural disasters, or other
requirements which significantly interfere with the operation of the
Airport.”
6-18-7
Scope of Emergency Procurements.
Emergency Purchases shall be limited only to a quantity of those
supplies, equipment, materials, or services necessary to meet the
emergency.
6-18-8
Authority. Subject to emergency disaster declarations, any using
agency may make emergency procurements when an emergency condition arises
and the need cannot be met through normal procurement methods. In the
event an emergency arises after normal working hours, the using agency
will notify the Executive Director on the next business day.
6-18-9
Equipment Leasing.
A lease is a Contract under which title to the equipment will not
pass to the lessee. A lease with an option to purchase, however, allows
title to pass if the purchase option is exercised and has the effect of a
conditional sales agreement. Leases
and purchase options should never be used to circumvent the requirements
for competition. The soundest and safest approach is that any leases of
equipment be subject to the requirements for competition that apply to
outright purchases, as outlined herein.
6-18-10
Execution of Lease Agreements. All lease agreements for capital equipment shall be
reviewed by the Executive Director and Authority Attorney and shall be
signed only by the Executive Director, or designee, after appropriate
review and negotiation of terms and conditions. The Executive Director may
elect to seek additional Proposals from third party leasing companies.
Lease agreements signed by unauthorized parties may be voided and may
result in personal liability. The Executive Director may designate other
members of the Authority to sign Contracts which have been reviewed and
approved by the Executive Director and approved as to form by the
Authority attorney.
6-18-11
Master Agreements.
Master agreements are established with a variety of vendors
who offer goods. The DuPage Airport Authority may place single orders
against these agreements up to and including $1,000 without
having to obtain additional competitive quotes. It should be noted that
there are a few Master Agreements that have been formally competed. Calls
or orders may be placed on competed Master Agreements over $1,000 but are limited to the specified dollar amount listed in the
actual Master Agreement itself. It is highly recommended that the DuPage
Airport Authority compare the pricing between similar master agreements
before an order is actually placed since prices on the Master Agreements
vary in cost from one vendor to another for particular items.
6-18-12
Authority Purchasing Cards. The DuPage Airport
Authority’s credit cards may be used for small purchases in accordance
with the rules and regulations. Appropriate approvals for purchases should
be obtained prior to the purchase whenever possible.
6-19 CANCELLATION OR REJECTION OF BIDS OR PROPOSALS
6-19-1
Scope. The provisions of this rule shall govern the
cancellation of any solicitation issued by the DuPage Airport Authority
under competitive sealed bidding, competitive sealed Proposals, small
purchases or any other source selection method and rejection of bids or
Proposals, in whole or in part, whether rejected for being non-responsive
or not responsible.
6-19-2
Policy. Solicitations should only be issued when there is a
valid procurement need. Solicitations should not be issued to obtain
estimates or to "test the water". A solicitation is to be
canceled only when there are valid and compelling reasons to believe that
the cancellation is in the DuPage Airport Authority’s best interest.
6-19-3
Cancellation or Rejection of All Bids or Proposals Prior to Opening.
Prior to opening of bids, a solicitation may be canceled, in whole
or in part, when the Executive Director determines in writing that such
action is in the DuPage Airport Authority’s best interest for reasons
including:
(a) Item No Longer Needed.
The DuPage Airport Authority no longer requires the supplies,
equipment, materials, or services.
(b) Lack of Funding.
The DuPage Airport Authority can no longer reasonably expect to
fund the procurement.
(c) Significant
Amendment. Proposed
amendments to the solicitation would be of such magnitude that a new
solicitation is desirable.
6-19-4
Notice.
When a solicitation is canceled prior to opening, notice of
cancellation shall be sent to all businesses solicited and posted on the
DuPage Airport Authority’s website. The notice of cancellation shall
identify the solicitation, explain the reason for the cancellation and,
where appropriate, explain that an opportunity will be given to compete on
any re-solicitation.
6-19-5
After Opening.
After
opening, but prior to Award, any or all Bids or Proposals may be rejected,
in whole or in part, when the Executive Director determines in writing
that such action is in the DuPage Airport Authority’s best interest for
reasons including:
(a) Item No Longer Needed.
The supplies, equipment, materials, or services being procured are
no longer needed.
(b) Inadequate
Specifications. Ambiguous or otherwise inadequate Specifications were part of
the solicitation.
(c) Omissions.
The solicitation did not provide for consideration of all factors
of significance to the DuPage Airport Authority.
(d) Inadequate
Funding. Prices exceeded
funds available and it would not be appropriate to adjust quantities or
qualities to come within available funds.
(e) Unreasonable
Terms. All otherwise
acceptable bids or Proposals received are at clearly unreasonable prices
or terms.
(f) Unsatisfactory Procedures. There
is reason to believe that the bids or Proposals may not have been
independently arrived at in open competition, may have been collusive, or
may have been submitted in bad faith.
(g) Failure to Comply With Disclosure
Requirements. The bidder or
party submitting the Proposal has failed to comply with the Political
Contribution Disclosure requirements of this policy.
6-19-6 Documentation.
The reasons for cancellation or rejection shall be made a part of
the procurement files and shall be available for public inspection.
6-19-7 Disposition of Documents. When Bids or
Proposals are rejected or a solicitation canceled after bids or Proposals
are received, the bids or Proposals which have been opened shall be
retained in the procurement files or, if unopened, returned to the bidders
or offerors upon request or otherwise disposed of.
6-20
RESPONSIBILITY OF BIDDERS OR OFFERORS
6-20-1
Application. A
determination of responsibility or irresponsibility shall be governed by
this rule.
6-20-2 Standards of Responsibility. Factors to be
considered in determining whether the standard of responsibility has been
met include whether a prospective contractor or vendor has:
(a) Qualifications.
Available the appropriate financial, material, equipment, facility
and personnel resources and expertise or the ability to obtain them
necessary to indicate capability to meet all contractual requirements.
(b) Past Performance.
A satisfactory record of past performance, including conduct and
cooperation.
(c) Integrity.
A satisfactory record of integrity.
6-20-3
Information Pertaining to Responsibility.
The prospective contractor shall supply information requested by
the Executive Director concerning the responsibility of such contractor.
If the contractor fails to supply the requested information, the Executive
Director shall base the determination of responsibility upon any available
information or may find the prospective contractor to be not responsible
if such failure is unreasonable.
6-20-4
Ability to Meet Standards. The prospective contractor or vendor may demonstrate
the availability of necessary financing, equipment, facilities, expertise,
and personnel by submitting upon request:
(a) Availability
of Items. Evidence that such
contractor or vendor possesses such necessary items.
(b) Subcontracting Plans. Acceptable plans to
subcontract for such necessary items.
(c) Suppliers.
A documented commitment from, or explicit arrangement with, a
satisfactory source to provide the necessary items.
6-20-5
Written Determination of Responsibility Required.
If a bidder or offeror who otherwise would have been awarded a
Contract is found not responsible, a written determination of no
responsibility setting forth the basis of the finding shall be prepared by
the Executive Director. A copy of the determination shall be sent promptly
to the non-responsible bidder or offeror. The final determination shall be
made part of the procurement files.
6-20-6
Pre-Qualification. DuPage Airport Authority construction projects in
excess of $9,999.99 may require that the prospective contractor to be
pre-qualified. On such construction projects, prospective contractors may
be asked to submit a financial statement in accordance with the general
provisions of the construction projects documents. All prospective
contractors shall fill out and return a pre-qualification questionnaire.
Pre-qualification may be required for other Authority Contracts and shall
be determined on an individual basis by the Executive Director.
6-20-7
Protested Solicitations.
Any actual or qualified prospective bidder, offeror, or contractor
who is aggrieved in connection with the solicitation or Award of a
Contract may protest in writing to the Executive Director. Protests may be
submitted anytime prior to Award; however, a Protest of an Award must be
submitted in writing to the Executive Director within three (3) business
days after the DuPage Airport Authority announces its intention to make
the Award.
6-20-8
Subject of Protest.
Protesters may file protest on any phase of solicitation, Bid,
Proposal, or Award, including, but not limited to, procedure,
specification, Award or disclosure of information marked confidential in
the Bid or offer.
6-20-9
Form. The
written Protest shall include, as a minimum, the following:
(a) Identity.
The name and address of the protester.
(b) Project Issue. Appropriate
identification of the procurement.
(c) Reasons
for Protest. A statement of
the reasons for the Protest.
(d) Evidence.
Any available exhibit, evidence or documents substantiating the
Protest.
6-20-10
Decision.
The Executive Director shall provide a written determination to the
protester within five (5) business days after receiving all relevant
requested information.
6-20-11
Appeals.
A written appeal of the decision issued by the Executive Director
must be received by the Authority within 3 business days after the
protestor's receipt of the decision. The Executive Director prior to
making the final decision may elect to:
(a) Immediate Decision. Render an immediate
decision in the matter;
(b) Request
Additional Documentation. Request
additional documentation or meetings with parties involved;
(c) Hearing.
Select a panel of 2 or more Authority employees who are not
involved with the protested requirement to jointly conduct a hearing with
individuals on either side of the issue; or
(d) Other Methods.
Utilize any other method deemed appropriate to bring the matter to
timely resolution.
However,
the decision, once issued, shall be final and will complete the
administrative procedure. The Executive Director shall issue the final
decision within 7 calendar days after receiving such an appeal unless
extended by mutual agreement by both parties involved.
6-20-12 Stay of Procurement During Protest. In
the event of a protest in accordance with this Section, the Executive
Director shall not proceed further with solicitation or Award of Contract
until administrative remedies have been exhausted or until a written
determination is made that Award of a Contract without delay is necessary
to protect substantial interests of the DuPage Airport Authority.
6-20-13
Suspension or Debarment . The Executive
Director may suspend or debar any vendors or contractors for the
following:
(a) Default
on Contract. Default on
awarded Contract. (debarment)
(b) Unsatisfactory
Work. Routinely performing
unsatisfactory work (Suspension or debarment)
(c) Violation
of Contract. Violation of
Contract terms and conditions without cure or remedy (Suspension or
debarment depending on severity)
(d) Pending
Litigation. Have pending
litigation against the Authority (may only be suspended pending results of
litigation)
(e)
Default
on Payment. Default on the
payment of any taxes, license fees or other monies due the DuPage Airport
Authority. (Suspension)
(f) Conviction.
Conviction for fraud or criminal acts while performing as a
contractor on any Contracts, even those not associated or written by the
Authority. (Debarment)
(g) Unsatisfactory
Performance. If documentation substantiates a consistent past performance
record of habitual or continuous unsatisfactory performance, safety
violations, repeated violations of Contract provisions or delinquent
performance by a contractor. (Suspension)
(h) Failure to Comply With
Disclosure Requirement. Failure
to comply with the Political Contribution Disclosure requirements of this
policy (Suspension or Debarment)
The
Executive Director may debar vendors from bidding on, or performing as a
subcontractor on, any DuPage Airport Authority Contracts for a minimum
period of 1 year up to a maximum of 3 years. Vendors may be suspended from
doing any business with the Authority for a minimum period of 3 months up
to a maximum period of 12 months. However, if a vendor under suspension
fails to correct or cure the deficiency for which they have been suspended
during the suspension period, the Executive Director may convert the
suspension into a debarment. Prior to formally suspending or debarring any
vendor, the Executive Director shall review and investigate all reasons
and evidence supporting such a decision and shall inform the suspended or
debarred vendor in writing of such decision.
The
suspended or debarred vendor may, at the conclusion of the suspension or
debarment period, submit a formal request to be removed from such status.
Upon receipt of this request, the Executive Director will be required to
investigate current and past performance since the suspension or debarment
by the suspended contractor to determine responsibility.
6-21
SPECIFICATIONS
6-21-1
General Purpose and Policy.
The purpose of a specification is to serve as a basis for obtaining
a supply item or service adequate and suitable for the DuPage Airport
Authority’s needs in a cost-effective manner taking into account, to the
extent practicable, the costs of ownership and operation as well as
initial acquisition costs. It is the policy of the DuPage Airport
Authority that Specifications permit maximum practicable competition
consistent with this purpose.
6-21-2
Use of Functional or Performance Descriptions.
Specifications shall, to the extent practicable, emphasize
functional or performance criteria while limiting design or other detailed
physical descriptions to those necessary to meet the need of the DuPage
Airport Authority.
6-21-3
Preference for Commercially Available Products.
To the extent practicable, preference shall be given to the
procurement of standard commercial products. In developing Specifications,
accepted commercial standards should be used and unique requirements
should be avoided.
6-21-4
Brand Name or Equal Specifications - Conditions for Use.
Brand Name or Equal Specifications may be prepared when it is in
the best interest of the DuPage Airport Authority and when the item to be
procured is best described by the use of such a specification. Brand Name
or Equal Specifications shall seek to designate as many different brands
as are practicable as "or equal" references and shall further
state those substantially equivalent products which will be considered for
Award.
6-21-5
Brand Name Specifications - Conditions for Use.
Since use of a Brand Name Specification is restrictive, it may be
used only when the brand name or items will satisfy the DuPage Airport
Authority needs or the item is to be used for resale purposes. The Airport
Authority shall seek to identify sources from which the designated brand
name or item can be obtained and shall solicit such sources to achieve
whatever degree of competition is practicable. If only one source can
supply the requirement, the procurement shall be made under provisions
herein.
6-21-6
Qualified Products List - Conditions for Use.
A Qualified Products List may be developed when testing or
examination of the materials or equipment is required prior to the
issuance of the solicitation.
6-21-7
Specifications Prepared by Other Than Authority Staff. All
Specifications prepared by other than DuPage Airport Authority Staff,
including consultants, architects, engineers, and designers, shall not be
restrictive but shall, to the extent practicable, allow for maximum
competition.
6-22 BONDS, INSURANCE & CONTRACTS
6-22-1
Bid Security - General. Invitations for Bids for construction, labor, and
public improvement Contracts in excess of $9,999 shall
require the submission of bid security in an amount equal to at least five
percent (5%) of the Bid, at the time the Bid is submitted. The Executive
Director may set bid security requirements, in an amount of not more than
5% of the Contract amount, for other types and dollar amounts of Contracts
if deemed necessary. The Executive Director may determine it necessary to
require bid security on projects less than $10,000 . If a bidder fails to
accompany the Bid with the required bid security, the Bid shall be
rejected as not responsive.
6-22-2 Acceptable Bid Security.
Acceptable Bid security shall be limited to:
(a) Bid Bond.
A one-time Bid Bond underwritten by a company licensed to issue
bonds in the State of Illinois.
(b) Cashier's Check. A bank cashier’s
check made payable to the DuPage Airport Authority.
(c) Certified Check. A bank certified check
made payable to the DuPage Airport Authority.
(d) Irrevocable
Letter of Credit. An irrevocable letter of credit in a form acceptable to the
Authority.
The
bid security is submitted as a guarantee that the Bid will be maintained
in full force and effect for a period of not less than sixty (60) days
after opening of the bids or as specified in the Invitation for Bids.
6-22-3 Contract Bonds.
For Contracts in excess of $9,999.99, a separate Performance Bond,
Labor and Materials Payment Bond and Maintenance Bond may be required for
all construction, labor, and public improvement Contracts each in the
amount of 100% of the Contract price. The contractor shall deliver these
bond(s) to the DuPage Airport Authority within 10 calendar days after
receipt of the Notice of Award, or at the same time the Contract is
executed. If the contractor fails to deliver the required Bond(s), the
contractor’s Bid or Contract may be rejected or terminated for default.
The Bond(s) must be submitted on Bond form(s) prepared and approved by the
DuPage Airport Authority’s attorney and executed by a surety company
authorized to do business in the State of Illinois. Performance, Payments
and Material and Maintenance Bonds may be required on contracts less than
$10,000 if the Executive
Director determines it to be in the Best Interest of the Authority.
6-22-4
Legal Review of Bonds/Insurance Certificates. All
Bonds shall be on Bond Forms prepared and approved by the DuPage Airport
Authority Attorney, including bonds required on solicitations and
Contracts less than $10,000 . All Contract Bonds or other sureties shall
be reviewed with the Contract for legal sufficiency. Deletions or
additions to the Bond terms by contractors or sureties shall not be
permitted.
6-22-5
Insurance Requirements.
The Executive Director may require such insurance as the Executive
Director may deem necessary for the protection of the DuPage Airport
Authority, or as may be required by the DuPage Airport Authority’s Rules
and/or Regulations. When a Contract requires contractor insurance, the
insurance certificates shall be provided with the Contract, including all
exceptions and riders attached to the certificate, and shall be reviewed
for legal sufficiency by the DuPage Airport Authority Attorney. All
Authority Contracts shall include a requirement for the provision of
Worker’s Compensation insurance. All contractors shall carry Worker’s
Compensation insurance. At a minimum, this insurance coverage shall be in
the statutory amount. Independent Contractors shall carry Worker’s
Compensation insurance to cover themselves and any employees or agents
working, or who may work, under the Authority Contract. Workers and
contractors who are not protected by Worker’s Compensation insurance
shall not participate in a DuPage Airport Authority Contract.
6-22-6
Additional Bonding.
If at any time during the continuance of a Contract a surety on the
Contractor’s bond or bonds becomes irresponsible, the DuPage Airport
Authority shall have the right to require additional and sufficient
sureties which the contractor shall furnish within 10 calendar days after
written notice to do so. Such surety bond shall cover the entire Contract
amount, regardless of changes in total Contract amount.
6-22-7 Exceptions.
If it is deemed by the Executive Director to be in the DuPage
Airport Authority best interest, the Executive Director may waive or
reduce the dollar amounts of any bonds or insurance, except Worker’s
Compensation Insurance, if the actual Contract price is less than $10,000
. However, in the event that the price or any construction, labor, or
public improvement Contract for which the Executive Director has reduced
or waived bonds should reach a value of $9,999.99 or more, through change
orders or otherwise, then the contractor may be required to provide
separate bonds, each in the amount of 100% of the new Contract price, and
additional insurance as determined by the Executive Director.
6-22-8
Execution of Contracts. All DuPage Airport
Authority Contracts shall be procured in accordance with all applicable
DuPage Airport Authority rules, ordinances, guidelines and state and
federal laws. No DuPage Airport Authority Contract shall be approved or
executed unless and until sufficient funds have been appropriated by the
DuPage Airport Authority budget and are available for the Contract. All
Contracts shall be written on DuPage Airport Authority’s Contract forms
(not other company’s Contracts) and shall include provisions for
termination in the event of non-appropriation of funds. The DuPage Airport
Authority shall maintain the original of all Contracts.
6-22-9
Legal Review of Contracts.
All DuPage Airport Authority Contracts in excess of $9,999.99, and
any other Contracts determined necessary by the Executive Director, shall
be reviewed as to legal form by the DuPage Airport Authority attorney,
except as may otherwise be provided in these rules or by direction of the
DuPage Airport Authority Board of Commissioners. DuPage Airport Authority
Contracts shall utilize only those Contract terms and standard forms,
including Purchase Orders, which have been approved for use by the
Executive Director and/or the DuPage Airport Authority’s Attorney.
6-22-10
Legal Notice to Bidders - Required Contract Provisions. All
Authority Contracts, regardless of dollar value, shall contain the DuPage
Airport Authority appropriation of funds clause and shall contain a clause
designating the law governing the Contract to be Illinois law and that the
venue and court jurisdiction for all legal actions shall be the Eighteenth
Judicial Circuit Court, DuPage County, Illinois, unless
otherwise specifically required by federal or state Law.
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