Purchasing And Contracting For Supplies, Materials, Work And Services

• Generally. This Chapter sets forth the rules and procedures for purchasing of supplies, materials and work for the Board of Education of the City of Chicago (the “Board”), including all departments, offices and schools. It is derived from the requirements of the Illinois School Code and other applicable statutes and regulations. It sets forth required competitive and non-competitive purchasing procedures and the required forms of contract with vendors, contractors and suppliers.

• Purchasing Limitations. No purchases, including purchases made using school internal accounts, shall be made except as provided in these Rules. Only officers or employees expressly authorized by these Rules shall make purchases on behalf of the Board or enter into any contract of purchase, verbal or written, including a purchase order, for any apparatus, equipment, supplies, service, repairs, goods, wares or merchandise of any kind or description, or accept any of them on approval or otherwise. During a fiscal year, no officer or employee of the Board shall expend or contract to be expended any money, or incur any liability, or enter into any contract without an appropriation therefor, or in excess of: (a) the amount appropriated in the budget; (b) the amount authorized in a Board Report; (c) the amount authorized by an Officer pursuant to the exercise of their delegated authority; or (d) the compensation amount stated in the contract.

  Except as otherwise provided in these Rules, all purchases for any dollar amount require a Purchase Order obtained consistent with these Rules and applicable law. The Purchase Order must be issued prior to order or receipt of goods or services. Any contract, verbal or written, made in violation of this section is void as to the Board.

• Ineligible Vendors, Contractors or Suppliers.

  1. No person or business entity shall be awarded a contract if that person or business entity:

     • has been convicted of bribery or attempting to bribe a public officer or employee of the Board, the State of Illinois or any other public entity, in that officer or employee’s official capacity;
     • has been convicted of agreement or collusion among bidders or prospective bidders in restraint of freedom of competition by agreement to bid a fixed price or otherwise;
     • has made an admission of guilt of such conduct described above which is a matter of record but has not been prosecuted for such conduct;
     • has engaged in Bid Stringing (as defined in 720 ILCS 5/33E-2(i-5)), which also includes any knowing attempt to divide or plan procurements to avoid the use of competitive procedures;
     • has engaged in Bid Rigging (as defined in 720 ILCS 5/33E-3);
     • has engaged in Bid Rotating (as defined in 720 ILCS 5/33E-4); or
     • has been debarred by consent or involuntarily by the Board or by another public agency.
  2. For purposes of this section, where an official, agent or employee of a business entity has committed such conduct described above on behalf of such an entity and pursuant to the direction or authorization of a responsible official thereof, the business entity shall be chargeable with the conduct. Bid Stringing, Bid Rigging and Bid Rotating are prohibited.
  3. Ineligibility under Section 7-1(c)(i)(1) through (6) shall continue for three years following such conviction, admission of guilt or determination that the person has engaged in bid stringing, rigging or rotating.
• Purchasing Guidelines. The Chief Procurement Officer (“CPO”) is authorized to establish procurement guidelines to ensure the effective implementation of the procurement rules contained in this Chapter VII and to address special procurement required by federal or other grants. The Guidelines shall be published on the Board’s public facing web-site.
• Goods and Services Not Adaptable to Competitive Procurement Methods. The CPO shall pre-approve certain categories of goods and services which have been deemed not to be adaptable to competitive procurement procedures, including but not limited to public utility costs, airfare, conference or seminar attendance, advertising, and/or marketing services.

Rule References