RESPONSIBILITIES FOR BUSINESSES PROVIDING GOODS AND SERVICES
A compliant/responsive bid/proposal is an offer that meets all the city’s terms, conditions, specifications and contract requirements. A compliant/responsive bid/proposal must provide all the requested information utilizing the provided enclosures. Pricing must be expressed in the prescribed format.
A responsible bidder/proposer must first be deemed compliant/responsive. A responsible bidder/proposer is a business who has the financial resources, personnel, facilities, integrity and overall capability to complete a particular contract successfully with minimal city oversight.
To be classified as a Responsible Bidder for construction related services a company must be active in apprenticeship and training programs approved and registered with the United States Department of Labor’s Bureau of Apprenticeship and Training.
If a bidder/proposer submits an “all or none” submittal, and it is in the best interest of the city to accept the “all or none” stipulation, the bid may be accepted for consideration. However, if the city determines that the “all or none” stipulation is not in its best interest, the bid may be disqualified by the Procurement Director.
Authorized Goods and Services
Businesses are not authorized to deliver goods or render services without a procurement generated Purchase Order. The city is only obligated to pay invoices with purchase order numbers referenced. The city will not be liable for costs not associated with purchase order authorization.
An emergency can only be declared an emergency by the Mayor. An emergency is defined as “urgently and imminently necessary for the preservation of life, health, and property.” If the employee’s use of “emergency” does not comply with the Mayor’s declaration of an emergency, the business should call the City of Aurora Procurement Division at
630-256-3550prior to commencing any work.
Any authorization to proceed without a purchase order, even if provided by a city representative that does not meet this definition is considered null and void and thus the city is not liable.
All businesses providing goods or services to the city must comply to the City’s Code of Ethics.
Certificate of Compliance
All businesses providing goods or services to the city must submit a Certification of Compliance with each bid or proposal.
Construction Related Services
Contractors interested in work of any dollar value must provide evidence of relevant experience that indicates the licensing, certification and capacity to perform the work. Payment for such work must be per current Prevailing Wage requirements. References from similar work of a similar size must also be provided so quality of service may be validated.
Contractors interested in work in excess of $25,000 must be classified as a Responsible Bidder. To be classified as a Responsible Bidder for construction related services, the bidder must submit with each applicable submission (1) the city provided affidavit entitled “Apprenticeship or Training Program Certification”; (2) a certificate of completion in an Apprenticeship and Training program approved by, and registered with, the United States Department of Labor's Bureau of Apprenticeship and Training; and (3) a letter, signed and dated within the last 12 months, from the certificate holder(s) indicating the Bidder may use the certificate to meet the requirements for this specific project.”
Conflict of Interest
All businesses providing goods or services to the city must complete the section on the Certification of Compliance stating whether there is a conflict of interest pertaining to the stated solicitation.
Public professionals complete and sign an annual statement documenting potential conflicts of interest. If a conflict of interest exists, employees are not permitted to receive, authorize payment, or participate on the specific proposal evaluation team.
Brand Listed Requirements
The city strives to promote competition and fairness to all interested parties. If your business provides an item comparable to the requested brand, offering equal or better value, an inquiry in the form of an e-mail, requesting consideration should be directed to the Procurement Department prior to the cut-off date for questions. An amendment will be published stating whether said item has been deemed equivalent.
Cone of Silence
The Cone of Silence is designed to protect the integrity of the procurement process by shielding it from undue influences. During the period beginning with the issuance of the solicitation document through the execution of the award document, bidders are prohibited from all communications regarding this solicitation with City staff, City consultants, City legal counsel, City agents, or elected officials. Any attempt by a bidder to influence a member or members of the aforementioned may be grounds to disqualify the bidder from participation in this solicitation.
If a business requires clarification of any ambiguity, inconsistency or error within the solicitation documents, the business shall promptly notify the city’s Procurement Division via e-mail at [email protected]. Responses to such notifications, questions, interpretations, corrections, changes and answers will be made by published addendum posted to the city’s website.
Exceptions to the Cone of Silence include:
written communications directed to the Procurement Director;
communications occurring at pre-bid meetings;
oral presentations during finalist interviews,
site visits; and
oral presentations before publicly noticed committee meetings.
Contractors already on contract with the City to perform services for the City are allowed discussions necessary for the completion of an existing contract.
Confidential Information and FOIA
All solicitation related documents are considered Public Records and as such are subject to FOIA. Exceptions:
- Submittals may not be made available to the public until after execution of Purchase Order or Contract award.
- Proposals may include confidential information. Illinois State FOIA requirements include the following exemption: “(g) Trade secrets and commercial or financial information obtained from a person or business where the trade secrets or information are proprietary, privileged or confidential, or where disclosure of the trade secrets or information may cause competitive harm, including all information determined to be confidential under Section 4002 of the Technology Advancement and Development Act. Nothing contained in this paragraph (g) shall be constructed to prevent a person or business from consenting to disclosure.”
It is the proposer’s responsibility to identify submittals
- as containing Confidential material
- to clearly identify which section(s) is/are Confidential and
- to provide, at time of submittal, a redacted proposal.
Right to Protest
Any provider of goods or services who is aggrieved in connection with the solicitation or proposed award may file a formal protest which shall be in writing and shall be filed with the city’s Procurement Director. Protests are limited to parties participating in the solicitation.
A protest of a solicitation’s specification that is written so narrow it restricts competition shall be received at the City Procurement Division before the cut-off date for questions.
A protest of a proposed award shall be filed within ten (10) days of public announcement of award. Public announcement of award is defined for informal solicitations as the date the award is posted on the city’s website. Public announcement of award for formal solicitations is defined as the date the award is presented to the Finance Council.
All protests shall include the following:
- The name, address and contact information of the protester
- The specific
- solicitation number and description,
- the page # and/or section # of the solicitation document stating the aggrieved point of contention
- a narrative justifying the legal and factual grounds of the grievance
- relevant documents
- the form of relief requested
- The signature of the protester or the protester’s representative