Although not mandated by law, it is highly recommended that the local government obtain quotes from several sources (preferably three vendors) to obtain the best price. The Local Official should telephone vendors and ask them to submit a written estimate/quote for goods or services. Additionally, the official should maintain a file with the names of vendors contacted, the written quotes obtained, and a written explanation of the vendor selected (if not low bidder).
The local government should avoid a conflict that would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of these parties, has a financial or other interest in the contract. No employee, officer, or agent should participate in the selection, award, or administration of a contract if a real or apparent conflict of interest would be involved.
In order to ensure objective contractor performance and eliminate unfair competitive advantage, contractors that develop or draft bid specifications, requirements, statements of work, and invitations for bids and/or requests for proposals should be excluded from competing for such procurements.
For quotes, awards should be made to the vendor whose quote is responsive to the solicitation and is most advantageous to the recipient, considering price, quality and other factors.
“Public contract” means any contract for the construction, execution, repair, remodeling, improvement of any public work, building furnishings of supplies, material of any kind whatsoever, proposal for which are required to be advertised by law. (See Sec. 66.0901(1)(c), Wis. Stats.) The definition of “public contract” has been previously interpreted by the Wisconsin Attorney General not to include equipment. Attorney General opinions have stated that farm machinery, a police car, and a heavy movable engine constitute equipment, are not supplies or material, and therefore are not subject to competitive bidding requirements.
Local Officials must realize that procurement is not a mechanized process, but rather one carried forward by the actions and decisions of people. As such, procurement officials and evaluators must understand and fulfill their responsibilities at each stage of a procurement process. All decisions and activities must be measured against a standard of fairness that will withstand public and legal scrutiny.
Unclear or ambiguous communications with vendors and stakeholders can compromise even the best procurements. To avoid misperceptions, solicitations, notifications and award decisions must be clear and well communicated. In addition, all records relating to a procurement are open to public inspection and should be maintained in a central location.
The procurement process must be open to the public and officials.
The local government should avoid a conflict that would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of these parties, has a financial or other interest in the contract. No employee, officer, or agent should participate in the selection, award, or administration of a contract if a real or apparent conflict of interest would be involved.
In order to ensure objective contractor performance and eliminate unfair competitive advantage, contractors that develop or draft bid specifications, requirements, statements of work, and invitations for bids and/or requests for proposals should be excluded from competing for such procurements.
For quotes, awards should be made to the vendor whose quote is responsive to the solicitation and is most advantageous to the recipient, considering price, quality and other factors.
“Public contract” means any contract for the construction, execution, repair, remodeling, improvement of any public work, building furnishings of supplies, material of any kind whatsoever, proposal for which are required to be advertised by law. (See Sec. 66.0901(1)(c), Wis. Stats.) The definition of “public contract” has been previously interpreted by the Wisconsin Attorney General not to include equipment. Attorney General opinions have stated that farm machinery, a police car, and a heavy movable engine constitute equipment, are not supplies or material, and therefore are not subject to competitive bidding requirements.
Local Officials must realize that procurement is not a mechanized process, but rather one carried forward by the actions and decisions of people. As such, procurement officials and evaluators must understand and fulfill their responsibilities at each stage of a procurement process. All decisions and activities must be measured against a standard of fairness that will withstand public and legal scrutiny.
Unclear or ambiguous communications with vendors and stakeholders can compromise even the best procurements. To avoid misperceptions, solicitations, notifications and award decisions must be clear and well communicated. In addition, all records relating to a procurement are open to public inspection and should be maintained in a central location.
The procurement process must be open to the public and officials.
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