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Responsible Bidding Ordinance

Responsible Bidding is the idea that public construction projects paid for by taxpayer money such as schools, libraries and water treatment plants need not automatically be awarded to the lowest bidder. The public body undertaking the project should retain some discretion to award the project to the lowest "responsible bidder."

So, what makes a bidder responsible, and why would a public body ever want to pass on the lowest bid? The answer has to do with ethics and the opportunity to hire the safest, most qualified company available to perform the work on behalf of the taxpayers.

There are companies out there willing to do the work for bargain-basement prices, but they may not always deliver what they promise and may let your community down.

A community can help assure that it hires only responsible companies by passing a "Responsible Bidder Ordinance" ­– a resolution adopted into a public body's procurement codes that specifies certain criteria that a contractor must meet in order to be eligible to perform work on behalf of that community.

Simple things like assuring that contractors have the proper business registrations, show past compliance with environmental, labor and safety laws, relevant insurance coverage, prevailing wage compliance and apprenticeship and training participation can go a long way in assuring the financial and structural success of all public construction projects.

In the long run, the responsible contractor is going to provide more taxpayer value than the contractor who is cutting corners in the areas of training, labor or safety.

The term "lowest responsible bidder" is incapable of an exact definition, but the concept involves considerably more than solely the monetary amount of the company's bid. The term contemplates that bidders discharge contractual obligations in accordance with what may be expected or demanded under the terms of the contract. In fact, a contract may be awarded to one who is not the lowest bidder, where this is done in the public interest, in the exercise of discretionary power granted under the laws, without fraud, unfair dealing, or favoritism, and where there is a sound and reasonable basis for the award. Where an entity has exercised its discretion, the presumption obtains that the action was regular and lawful.

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National Responsible Bidder Information
NAFCI
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Endorsements

llinois State Senators

Jacqueline Y. Collins
State Senator, 16th District

Deanna Demuzio
State Senator, 49th District

Debbie Halvorson
Senate Majority Leader

Denny Jacobs
State Senator, 36th District

David Koehler
State Senator, 46th District

Kimberly A. Lightford
State Senator, 4th District

Terry Link
State Senator, 30th District

Edward Maloney
State Senator, 18th District

Louis V. Viverito
Assistant Majority Leader

Indiana State Representatives

Chet Dobis
State Representative

Linda Lawson
State Representative

Mara Candelaria Reardon
State Representative

Russ Stillwell
State Representative

Terry Goddin
State Representative

US Congress

Melissa L. Bean
Member of Congress, 8th District Illinois

Richard J. Durbin
United States Senator

Lane Evans
Member of Congress, 17th District Illinois

Daniel Lipinski
Member of Congress, 3rd District Illinois

Barack Obama
United States Senator

Trade Associations

Construction Industry Service Corporation

Illinois Small Pavers Association

Three Rivers Construction Alliance

Lake County Contractors' Association

Contractors' Association of Will and Grundy Counties

 

Illinois State Representatives

Dan Beiser
State Representative, 111th District

Maria A. “Toni” Berrios
State Representative, 39th District

Mike Boland
State Representative, 71st District

John E. Bradley
State Representative, 117th District

James Brosnahan
State Representative, 36th District

Linda Chapa LaVia
State Representative, 83rd District

John D'Amico
State Representative, 15th District

Lisa M. Dugan
State Representative, 79th District

Robert F. Flider
State Representative, 101st District

Jack D. Franks
State Representative, 63rd District

John A. Fritchey
State Representative, 11th District

Paul Froehlich
State Representative, 56th District

Careen Gordon
State Representative, 75th District

Jay C. Hoffman
State Representative, 112th District

Thomas Holbrook
State Representative, 113th District

Kevin C. Joyce
State Representative, 35th District

Louis I. Lang
State Representative, 16th District

Michael McAulliffe
State Representative, 20th District

Kevin McCarthy
State Representative, 37th District

Jack McGuire
State Representative, 86th District

Bill Mitchell
State Representative, 87th District

Don Moffitt
State Representative, 74th District

JoAnn D. Osmond
State Representative, 61st District

Brandon W. Phelps
State Representative, 118th District

Robert A. Rita
State Representative, 28th District

Angelo "Skip" Saviano
State Representative, 77th District

Patrick J. Verschoore
State Representative, 72nd District

Other Officials

Daniel W. Hynes
Illinois State Comptroller

Lawrence Walsh
Will County Executive

Thomas J. Weisner
Mayor of Aurora

Illinois Department of Transportation

Existing Ordinances
Illinois
The State of Illinois Procurement Code (30 ILCS 500/30-22)

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Responsible Bidder Information
Toolkit
Brochure
Illinois
Illinois Checklist & Affidavit (March 2009)
Illinois Ordinance (March 2009)
Indiana
Indiana Checklist & Affidavit (March 2009)
Indiana Ordinance (March 2009)
Iowa
Iowa Checklist & Affidavit (March 2009)
Iowa Ordinance (March 2009)

 

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