I.Purpose
II. Competitive Bidding
III. Procedures
IV. Competitive Negotiations
V. Definition
VI. Amendments
I. Purpose
These regulations have been adopted for the purpose of implementing Section 4.06 of the RTA Act.
II. Competitive Bidding
Purchase Except as otherwise provided in these regulations, all contracts or purchase orders for the construction or acquisition of services or public transportation facilities (other than real estate) involving a cost of more than $10,000 shall be let by free and open bidding, after public notice, to the lowest responsible bidder.
Sales Except as otherwise provided in these regulations, all contracts for the disposition of any property of the Authority or for any concession in or lease or easement of property of the Authority for a term of more than one year shall be let by free and open bidding to the highest bidder.
Exceptions In accordance with Section 4.06 of the RTA Act, these regulations do not apply to:
(a) Acquisition of repair parts, accessories, equipment or service previously furnished or contracted for. (b) The immediate delivery of supplies, material or equipment or performance of services, provided, it shall first be determined by the concurrence of two-thirds of the Directors that an emergency requires immediate delivery or supply thereof. (c) Goods or services which are economically procurable from only one source. (d) Contracts for the maintenance or servicing of equipment which are made with the manufacturers or authorized service agent of that equipment where the maintenance of servicing can best be performed by the manufacturer or authorized service agent or such a contract would be otherwise advantageous to the Authority. The exception provided in this subparagraph (d) shall not apply to contracts for plumbing, heating, piping, refrigeration and automatic temperature control systems, ventilating and distribution systems for conditioned air, and electrical wiring.
(e) Goods or services procured from another governmental agency.
(f) Purchases and contracts for the use or purchase of data processing equipment and data processing systems software. (g) The acquisition of professional or utility services. "Professional services" are services the quality and reliability of which depend in substantial part upon the individual skills, training, experience or ability of the person rendering such services. (h) Purchase of service agreements or other contracts, purchases or sales entered into by the Authority with any transportation agency or unit of local government.
III. Procedures
Public Notice for Bids: Time All proposals toward purchase orders or contracts subject to these regulations shall be published at least once in a newspaper of general circulation in the Metropolitan Region at least (10) calendar days, excluding Saturdays, Sundays and legal holidays, in advance of the date announced for the receiving and opening of bids and shall simultaneously be posted at the principal office of the Authority.
Content of Public Notice for Bids Advertisements for bids shall describe the character of the proposed contract or agreement in sufficient detail to enable the bidders thereon to know what their obligations will be, either in the advertisement itself, or by reference to detailed plans and specifications on file at the time of the publication of the first announcement. Such advertisement shall also state the date, time and place assigned for the opening of bids, and no bids shall be received at any time subsequent to the time indicated in the announcement. An extension of time may be granted for the opening of such bids upon publication in a newspaper of general circulation in the Metropolitan Region of the date to which the bid opening has been extended. The time of the bid opening extension shall not be less than five days after the publication thereof, Saturdays, Sundays and legal holidays excluded.
Additional Notice Nothing in these regulations shall be construed to prevent the Authority from providing additional notice for bids.
Earnest Money Deposits Cash, cashier's check, a certified check or money order as a deposit of good faith, in a reasonable amount but not in excess of ten percent (10 poercent) of the contract amount, may be required of each bidder by the Authority. The advertisement for bids shall specify the deposit required.
Collusion Any agreement or collusion among bidders or prospective bidders in restraint of freedom of competition by agreement to bid a fixed price, or otherwise, shall render the bids of such bidders void. Each bidder shall accompany his bid with a sworn statement, or otherwise swear or affirm, that he has not been a party to any such agreement. Any disclosure made or permitted by the Authority in advance of the opening of bids, of the terms of the bids submitted in response to an advertisement, shall render the proceedings void and shall require re-advertisement. If two or more identical bids are received under these regulations, the Authority shall inform the Attorney General of the State of Illinois of such fact in writing within 30 days following the disposition of all bids received in response to the advertisement for bids, whether by awarding of a contract or other action.
Opening of Bids All sealed bids under these regulations shall be publicly opened. All such bids shall be open to public inspection.
Records Required Each bid received under these regulations shall be entered on a record showing the name of each bidder and indicating the successful bidder. After award of the contract, such record shall be open to public inspection at the offices of the Authority. An official copy of each awarded purchase order or contract, together with all attachments, assignments and written consents hereto, shall be retained by the Authority for such period of time after termination of the contract during which an action against the Authority might ensure under applicable laws of limitation. Such file shall be open to the public.
Determining Responsible Bidders In determining the responsibility of any bidder, the Authority may take into account other factors in addition to financial responsibility and specification compliance, such as past records of transactions with the bidder, experience, adequacy of equipment, special or unique skills of performance, ability to complete performance within a specified time limit and other pertinent considerations.
Bonds of Bidders Bond may be required of each bidder upon contracts involving amount in excess of $5,000 when, in the opinion of the Authority, the public interests will be served thereby. Such bond shall be with sufficient sureties. It shall be in such amount as shall be deemed adequate (a) to insure performance of the contract in the time and manner prescribed in the contract, and (b) to save, indemnify, and keep harmless the Authority against all loss, damages, claims, liabilities, judgments, costs and expenses which may in any way accrue against the Authority in consequence of the granting of the contract, or which may in any way result there from.
Rejection of Bids Any bid, any part of any bid, or all bids may be rejected by the Authority for any reason. Such rejection shall be by action of the Board of other appropriate employee of the Authority (As amended by Ordinance No. 92-41, adopted July 30, 1992).
IV. Competitive Negotiations
Exception From Public Bid. In accordance with the provisions of Public Act 86-18, amending Section 4.06 of the Act, the Authority or a Service Board other than the Chicago Transit Authority may acquire public transportation equipment including, but not limited to, rolling stock, locomotives that such acquisition complies with the requirements of this Title III.A.
Initial Determination. The then Directors of the Service Board making the acquisition must determine by a vote of 2/3 of such Directors that a negotiated acquisition offers opportunities with respect to the cost or financing of the equipment, its delivery, or the performance of a portion of the work within the State or the use of goods produced or services provided within the State.
Public Notice. A notice of intention to negotiate for the acquisition of such public transportation equipment shall be published in a newspaper of general circulation within the City of Chicago inviting proposals from qualified vendors.
Contract Authorization. Any contract with respect to such acquisition shall be authorized by a vote of 2/3 of the then Directors of the Service Board making the acquisition.
Procedures The following procedures apply to acquisitions by negotiation.
(a) Request for proposals will be publicized and identify all evaluation factors and their relative importance. Any response to publicized requests for proposals shall be honored to the maximum extent practical. (b) Proposals will be solicited from an adequate number of qualified sources. (c) The entity making the acquisition shall have a written procedure for conducting technical evaluation of the proposals received and for selecting awardees. If so stated in the request for Proposals, selection may be made on the basis of original proposals, without negotiation with any offerer. If negotiations are conducted at all, however, they must be conducted with all offerers in the competitive range, i.e., all offerers that are determined to have a reasonable chance of being selected for award based on cost or price and other factors that were stated in the solicitation; and (d) Awards will be made to the responsible firm whose proposal is most advantageous to the acquiring entity's program, with price and other factors considered.
Assignment of Contracts Contracts or purchase orders shall not be assignable or sublet by the successful bidder without the prior, written authorization of the Authority.
Authorization and Execution Every contract subject to these Regulations, which is described in Sections 2.01 and 2.02 of these regulations, to which the Authority is a party, and which is not within the authority granted to the Executive director under Article III of the Rules, regulations and By-Laws of the Authority, shall be submitted to, and authorized by the Board before being executed by the appropriate office of the Authority as provided by the Board.
Conflict of Interest Members of the Board, officers and employees of the Authority, their spouses, their children, their parents, their brothers and sisters and their children, are prohibited from having or acquiring any contract or any direct pecuniary interest in any contract which will be wholly or partially performed by the payment of funds or the transfer or property of the Authority. Any firm partnership, association or corporation from which any member of the Board, officer or employee of the Authority is entitled to receive more than seven and one-half percent (7-1/2%) of the total distributable income, is prohibited from having or acquiring any contract or direct pecuniary interest in any contract which will be performed in whole or in part by payment of funds or the transfer of property of the Authority. Any firm, partnership, association or corporation from which members of the Board, officers, employees of the Authority, their spouses, their children, their parents, their brothers and sisters and their children, are entitled to receive in the aggregate more than fifteen percent (15%) of the total distributable income, is prohibited from having or acquiring any contract or direct pecuniary interest in any contract which will be performed in whole or in part by the payment of funds or the transfer or property of the Authority. Nothing in this section invalidates the provisions of any bond or other security hereto or hereafter offered for sale or sold by or for the Authority.
Contracts Violating Regulations Any purchase order or contract executed in violation of these Regulations shall be null and void as to the Authority.
V. Definition
Definitions As used in these Regulations:
(a) "Authority" means the Regional Transportation Authority created pursuant to the regional Transportation Authority Act. (b) "Board" means the Board of Directors of the Authority. (c) "Metropolitan Region" means all territory included within the territory of the Authority as provided in the Act, and such territory as may be annexed to the Authority. (d) "Act" means the Regional Transportation Authority Act.
VI. Amendments
Amendments. These Regulations may be amended by the Board in accordance with Section 3.05 of the RTA Act.
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