City Of Chicago Solicitation #66220

BRANDON JOHNSON SHARLA ROBERTS

MAYOR CHIEF PROCUREMENT OFFICER

Specification Number: 1272509 Type of Funding: CITY Title: 1272509: WINDOW MOUNTED AND PORTABLE AIR CONDITIONERS, TARGET MARKET

Commodities Solicitation #66220 (BID)

1272509: WINDOW MOUNTED AND PORTABLE AIR CONDITIONERS,

TARGET MARKET

Specification Number:1272509

Required for use by: DEPARTMENT OF FLEET AND FACILITY MANAGEMENT

Bid/Proposal Submittal Date and Time: 11:00 AM Central Time, 23-NOV-2027

Deadline for Questions: 11:00 AM Central Time, 02-OCT-2026 Buyer: HARRISON-BONNER, KENYA Email Address: Kenya.Harrison-Bonner@cityofchicago.org Phone Number: 312-744-1087 Pre-Solicitation Conference Date and Time: 11:00 AM Central Time, 25-SEP-2026 Pre-Solicitation Conference Location: In Person Pre Bid Conference 121 N Lasalle St Suite 806, Conference

Room B, Chicago, IL 60602 Site Visit Date & Time: N/A Site Visit Location: N/A

Please submit your response to:

http://www.cityofchicago.org/eProcurement iSupplier vendor portal registration is required.

Allow 3 business days to complete registration.

Specification Number: 1272509 Page 2 Type of Funding: CITY Title: 1272509: WINDOW MOUNTED AND PORTABLE AIR CONDITIONERS, TARGET MARKET

Table of Contents

1 Header Information

1.1 General Information

1.2 Terms

1.3 Requirements

1.4 Attachments

1.5 Response Rules

2 Price Schedule

2.1 Line Information

2.2 Line Details

2.2.1 Line 1

2.2.2 Line 2

2.2.3 Line 3

2.2.4 Line 4

2.2.5 Line 5

2.2.6 Line 6

2.2.7 Line 7

2.2.8 Line 8

Specification Number: 1272509 Page 3 Type of Funding: CITY Title: 1272509: WINDOW MOUNTED AND PORTABLE AIR CONDITIONERS, TARGET MARKET

1 Header Information

1.1 General Information

Title 1272509: WINDOW MOUNTED AND PORTABLE AIR

CONDITIONERS, TARGET MARKET

Description 1272509: WINDOW MOUNTED AND PORTABLE AIR

CONDITIONERS, TARGET MARKET

Preview Date 18-SEP-2026 11:00:00 Open Date 18-SEP-2026 11:00:00

Close Date 11:00 AM Central Time, 23-NOV-2027

Award Date Not Specified

Time Zone Central Time Buyer HARRISON-BONNER, KENYA

Quote Style Sealed Email Kenya.Harrison- Bonner@cityofchicago.org

Event Commodities Outcome Commodities Blanket Agreement

1.2 Terms

Effective Start Date Not Specified Effective End Date Not Specified

Ship-To Address 038-2140 FLEET

OPERATIONS

50 W WASHINGTON

Chicago, IL 60601 United States

Bill-To Address 038-2140 FLEET

OPERATIONS

50 W WASHINGTON

Chicago, IL 60601 United States

Payment Terms IMMEDIATE Carrier FOB CITY OF CHICAGO Freight Terms Paid

Total Agreement Amount (USD)

Not Specified Minimum Release Amount (USD)

Not Specified

1.3 Requirements

<B>KEY SOLICITATION PARAMETERS</B>

BID DEPOSIT: NONE

Type No Response Required

PERFORMANCE BOND: NONE

Type No Response Required

CITY BUSINESS PREFERENCE: CITY

Type No Response Required

LOCAL MANUFACTURE PREFERENCE: NONE

Type No Response Required

ALTERNATIVE FUEL VEHICLE PREFERENCE: NONE

Type No Response Required

CONTRACT SPECIFIC GOALS: NO STATED GOALS

Type No Response Required

FUNDING SOURCE: CITY

Type No Response Required

FUND NUMBER: 026-0100-038-4119-0340

Specification Number: 1272509 Page 4 Type of Funding: CITY Title: 1272509: WINDOW MOUNTED AND PORTABLE AIR CONDITIONERS, TARGET MARKET

<B>KEY SOLICITATION PARAMETERS</B>

Type No Response Required

DPS UNIT: PROCUREMENT

Type No Response Required

REVERSE AUCTION: NONE

Type No Response Required

DRAWINGS: NONE

Type No Response Required Value Type Numeric Value only

EXHIBITS: NONE

Type No Response Required Value Type Numeric Value only

MAPS: NONE

Type No Response Required Value Type Numeric Value only

CONTRACT TERM: 60 MONTHS

Type No Response Required

PRE-BID/PRE-PROPOSAL CONFERENCE: TBD

Type No Response Required

<B>BIDDER EXCEPTIONS</B>

Any deviations from or exceptions to any provisions or requirements of the bidding documents, including but not limited to the specifications of the goods and/or services to be provided, must be noted here or in an attachment, with the exact nature of the change outlined in sufficient detail, and as provided in the contract terms and conditions "Trade Names and Substitutions," as applicable. Bidder must provide the reason for which deviations were made. Failure of a bidder to comply with the terms of this paragraph may be cause for rejection of its bid.

Type Optional Provide your answer below

Enter the EDS number from your EDS Certificate and attach the certificate.

Value Type Numeric Value only Provide your answer below

<B>COMMODITIES/WORK

Specification Number: 1272509 Page 5 Type of Funding: CITY Title: 1272509: WINDOW MOUNTED AND PORTABLE AIR CONDITIONERS, TARGET MARKET

SERVICES/HEAVY EQUIPMENT/SMALL

ORDERS/CONSTRUCTION/JOC

CHECKLIST</B>

This is a checklist of all supporting documents that must be attached to your bid response. Attach all documents specified below. After attaching, click "YES" to indicate that the attachment was completed.

Type No Response Required

- Proposal Page completed, signed and notarized - (ALL)

Circle one from the response values below:

YES

NO

- Proposal To Be Completed By a Corporation - (ALL)

Circle one from the response values below:

YES

NO

- Proposal To Be Completed By a Partnership - (ALL)

Circle one from the response values below:

YES

NO

- Proposal To Be Completed By a Joint Venture - (ALL)

Circle one from the response values below:

YES

NO

- Proposal To Be Completed By a Sole Proprietor - (ALL)

Circle one from the response values below:

YES

NO

- Bid Execution Page - (ALL)

Circle one from the response values below:

YES

NO

- Request for a reduction or waiver of MBE/WBE goals - (ALL)

Circle one from the response values below:

YES

NO

- Certificate of Filing of Economic Disclosure Statement and Affidavit (EDS) - (ALL)

Circle one from the response values below:

YES

NO

- Certificate of Insurance

Circle one from the response values below:

YES

NO

BID INCENTIVE / PREFERENCE AFFIDAVIT(S)

Type No Response Required

Specification Number: 1272509 Page 6 Type of Funding: CITY Title: 1272509: WINDOW MOUNTED AND PORTABLE AIR CONDITIONERS, TARGET MARKET

SERVICES/HEAVY EQUIPMENT/SMALL

ORDERS/CONSTRUCTION/JOC

CHECKLIST</B>

- Local Manufacture Affidavit - (ALL)

Circle one from the response values below:

YES

NO

- Chicago Business Affidavit - (ALL)

Circle one from the response values below:

YES

NO

- Small Business/Veterans Preference Joint Venture - (ALL)

Circle one from the response values below:

YES

NO

- Alternatively Powered Vehicles affidavit - (ALL)

Circle one from the response values below:

YES

NO

- Sweatshop Free Procurement Affidavit - (if specification is for purchase of garments)

Circle one from the response values below:

YES

NO

- Copy of current Registration for Authority to Deal in Vehicles issued by the Illinois Secretary of State (Vehicle/Heavy Equipment)

Circle one from the response values below:

YES

NO

- Evidence validating the Contractor’s current status of authorized dealer or distributor of the manufacturer of the proposed vehicles and/or parts (Vehicle/Heavy Equipment)

Circle one from the response values below:

YES

NO

- Literature / Data (i.e. Manufacturer's published literature for the proposed vehicle) (if required) (Vehicle/Heavy Equipment)

Circle one from the response values below:

YES

NO

- Manuals, Certificates, Applications(if required)

Circle one from the response values below:

YES

NO

- Bidder Contact Information - (ALL)

Circle one from the response values below:

YES

NO

Specification Number: 1272509 Page 7 Type of Funding: CITY Title: 1272509: WINDOW MOUNTED AND PORTABLE AIR CONDITIONERS, TARGET MARKET

SERVICES/HEAVY EQUIPMENT/SMALL

ORDERS/CONSTRUCTION/JOC

CHECKLIST</B>

- Bidder qualifications and/or certifications, permits, licenses, vehicle stickers, etc. (if required)

Circle one from the response values below:

YES

NO

- Department of Procurement Services Bid Bond (Construction)

Circle one from the response values below:

YES

NO

- Contractor’s Affidavit Regarding Removal of All Waster Materials and Identification of all Legal Dump Sites (Construction)

Circle one from the response values below:

YES

NO

M/WBE DOCUMENTS

Type No Response Required

- Schedule B - MBE/WBE Affidavit of Joint Venture - (ALL)

Circle one from the response values below:

YES

NO

- Schedule C-1 - – MBE/WBE Letter of Intent To Perform As a Subcontractor or Supplier - (ALL)

Circle one from the response values below:

YES

NO

-Schedule D-1 - Compliance Plan Regarding MBE and WBE Utilization - (ALL)

Circle one from the response values below:

YES

NO

- Request for Full or Partial Waiver - (ALL)

Circle one from the response values below:

YES

NO

- Letters of Certification for all M/WBE’s - (ALL)

Circle one from the response values below:

YES

NO

TARGET MARKET MBE/WBE COMPLIANCE PLAN

Type No Response Required

- Current Letter of Certification from the City of Chicago or Cook County for Bidder and any other MBE/WBE participant(s)

Circle one from the response values below:

YES

Specification Number: 1272509 Page 8 Type of Funding: CITY Title: 1272509: WINDOW MOUNTED AND PORTABLE AIR CONDITIONERS, TARGET MARKET

SERVICES/HEAVY EQUIPMENT/SMALL

ORDERS/CONSTRUCTION/JOC

CHECKLIST</B>

NO

- Schedule B-2 - (Joint Venture)

Circle one from the response values below:

YES

NO

- Schedule C-2

Circle one from the response values below:

YES

NO

- Schedule D-2

Circle one from the response values below:

YES

NO

SMALL BUSINESS ENTERPRISE (SBE) DOCUMENTS

Type No Response Required

- Schedule B-6 - Affidavit of SBE Joint Venture

Circle one from the response values below:

No Yes

- Schedule C-6-P - Letter of Intent to Perform as a Prime Contractor

Circle one from the response values below:

No Yes

- Schedule C-6-S - Letter of Intent to Perform as a Supplier or Subcontractor

Circle one from the response values below:

No Yes

- Schedule D-6 - Affidavit of Prime Contractor SBI-2 Compliance Plan

Circle one from the response values below:

No Yes

- Letters of Certification for all SBE's

Circle one from the response values below:

No Yes

MID-SIZED BUSINESS (MSB) ENTERPRISE DOCUMENTS

Type No Response Required

- Schedule B-7- Affidavit of MSB Joint Venture

Provide your answer below

Specification Number: 1272509 Page 9 Type of Funding: CITY Title: 1272509: WINDOW MOUNTED AND PORTABLE AIR CONDITIONERS, TARGET MARKET

SERVICES/HEAVY EQUIPMENT/SMALL

ORDERS/CONSTRUCTION/JOC

CHECKLIST</B>

- Schedule C-7-P - Mid-Sized Business Enterprise (MSB) Letter of Intent to Perform as Prime Contractor

Provide your answer below

- Schedule C-7-S Mid-Sized Business Enterprise (MSB) Letter of Intent to Perform as Subcontractor or Supplier

Provide your answer below

- Schedule D-7 - Affidavit of Prime Contractor Regarding Mid-Sized Business Initiative Compliance Plan

Provide your answer below

- AFFIDAVIT OF MID-SIZED BUSINESS STATUS

Provide your answer below

NON BID LINE REQUIREMENT (GROUPS)

Type No Response Required

- If you are not bidding a specific line(s) within a Group, enter a price of $0.0000000001 into the unit price field of the bid line(s). Please comply with other solicitation provisions, if any, requiring bidding of all lines in order for your bid to be considered responsive.

Type No Response Required

1.4 Attachments

Name Data Type Description

Specification Number: 1272509 Page 10 Type of Funding: CITY Title: 1272509: WINDOW MOUNTED AND PORTABLE AIR CONDITIONERS, TARGET MARKET

Name Data Type Description

ATTACHMENT 01:

DETAILED SPEC

File ATTACHMENT 01: DETAILED SPEC

1.5 Response Rules

Solicitation is restricted to invited suppliers Suppliers are allowed to view other suppliers' contract terms, notes and attachments Suppliers are allowed to respond to selected lines X Suppliers are allowed to provide multiple responses Buyer may close the solicitation before the Close Date Buyer may manually extend the solicitation while it is open

Specification Number: 1272509 Page 11 Type of Funding: CITY Title: 1272509: WINDOW MOUNTED AND PORTABLE AIR CONDITIONERS, TARGET MARKET

2 Price Schedule

2.1 Line Information

Display Rank As No indicator displayed

Ranking Price Only Cost Factors None

Line Item, Rev / Job

Target Quantity

Unit Unit Price Amount

1 AIR

CONDITIONERS,

WINDOW

MOUNTED - 18,000

BTU, 208/230 VOLTS

0310501

130 Each

2 AIR

CONDITIONERS,

WINDOW

MOUNTED - 10,000

BTU, 115 VOLTS,930

WATTS

0310501

120 Each

3 AIR

CONDITIONERS,

PORTABLE, WITH

EXHAUST SYSTEM -

12,000 BTU, 115

VOLTS

0310511

130 Each

4 AIR

CONDITIONERS,

WINDOW

MOUNTED - WITH

SUPPLEMENTAL

HEAT 11,000 BTU,

115 VOLTS

0310501

250 Each

5 AIR

CONDITIONERS -

PORTABLE WITH

ELECTRIC HEAT -

14,000 BTU, 115

VOLTS

0310501

125 Each

6 AIR

CONDITIONERS,

WINDOW

MOUNTED - 12,000

BTU, 115 VOLTS

0310501

175 Each

7 AIR

CONDITIONERS,

PORTABLE, SPOT

COOLER - 13,600

BTU, 115 VOLTS

0310511

140 Each

8 AIR

CONDITIONERS,

PORTABLE, SPOT

COOLER KIT - 24" X

24" CEILING TILE

WITH 12" DIA.

OPENING , 8-10'

LONG FLEXIBLE

ACCORDION DUCT

0310511

140 Each

Specification Number: 1272509 Page 12 Type of Funding: CITY Title: 1272509: WINDOW MOUNTED AND PORTABLE AIR CONDITIONERS, TARGET MARKET

2.2 Line Details

2.2.1 Line 1 AIR CONDITIONERS, WINDOW MOUNTED - 18,000 BTU, 208/230 VOLTS Category 03105. Start Price (USD) Not Specified

Shopping Category Not Specified Target Price (USD) Not Specified Minimum Release

Amount (USD) Not Specified

Estimated Total Amount (USD)

Not Specified

2.2.2 Line 2 AIR CONDITIONERS, WINDOW MOUNTED - 10,000 BTU, 115 VOLTS,930 WATTS Category 03105. Start Price (USD) Not Specified

Shopping Category Not Specified Target Price (USD) Not Specified Minimum Release

Amount (USD) Not Specified

Estimated Total Amount (USD)

Not Specified

2.2.3 Line 3 AIR CONDITIONERS, PORTABLE, WITH EXHAUST SYSTEM - 12,000 BTU, 115

VOLTS

Category 03105. Start Price (USD) Not Specified Shopping Category Not Specified Target Price (USD) Not Specified Minimum Release

Amount (USD) Not Specified

Estimated Total Amount (USD)

Not Specified

2.2.4 Line 4 AIR CONDITIONERS, WINDOW MOUNTED - WITH SUPPLEMENTAL HEAT

11,000 BTU, 115 VOLTS

Category 03105. Start Price (USD) Not Specified Shopping Category Not Specified Target Price (USD) Not Specified Minimum Release

Amount (USD) Not Specified

Estimated Total Amount (USD)

Not Specified

2.2.5 Line 5 AIR CONDITIONERS - PORTABLE WITH ELECTRIC HEAT - 14,000 BTU, 115

VOLTS

Category 03105. Start Price (USD) Not Specified Shopping Category Not Specified Target Price (USD) Not Specified Minimum Release

Amount (USD) Not Specified

Estimated Total Amount (USD)

Not Specified

2.2.6 Line 6 AIR CONDITIONERS, WINDOW MOUNTED - 12,000 BTU, 115 VOLTS Category 03105. Start Price (USD) Not Specified

Shopping Category Not Specified Target Price (USD) Not Specified Minimum Release

Amount (USD) Not Specified

Estimated Total Amount (USD)

Not Specified

Specification Number: 1272509 Page 13 Type of Funding: CITY Title: 1272509: WINDOW MOUNTED AND PORTABLE AIR CONDITIONERS, TARGET MARKET

2.2.7 Line 7 AIR CONDITIONERS, PORTABLE, SPOT COOLER - 13,600 BTU, 115 VOLTS Category 03105. Start Price (USD) Not Specified

Shopping Category Not Specified Target Price (USD) Not Specified Minimum Release

Amount (USD) Not Specified

Estimated Total Amount (USD)

Not Specified

2.2.8 Line 8 AIR CONDITIONERS, PORTABLE, SPOT COOLER KIT - 24" X 24" CEILING

TILE WITH 12" DIA. OPENING , 8-10' LONG FLEXIBLE ACCORDION DUCT

Category 03105. Start Price (USD) Not Specified Shopping Category Not Specified Target Price (USD) Not Specified Minimum Release

Amount (USD) Not Specified

Estimated Total Amount (USD)

Not Specified

City of Chicago Solicitation #66220

Specification Number: 1272509 Page 14 Type of Funding: CITY Title: 1272509: WINDOW MOUNTED AND PORTABLE AIR CONDITIONERS, TARGET MARKET

Contract Terms and Conditions

Table of Contents

Terms and Conditions

1. REQUIREMENTS FOR BIDDING AND INSTRUCTIONS TO BIDDERS - READ THIS ARTICLE

CAREFULLY BEFORE PREPARING YOUR BID

1.21. Rejection of Bids and Waiver of Informalities

1.22. Statutory Adjustments to the Bid

1.22.1. City-based Businesses (Chicago Business Preference)

1.22.2. Locally Manufactured Goods

1.22.3. Alternatively Powered Vehicles Bid Incentive

1.22.3.1. Definitions for Alternatively Powered Vehicles Bid Incentive

1.22.3.2. Eligibility for Alternatively Powered Vehicles Bid Incentive

1.22.4. Bid Incentives for Veteran-Owned Small Local Businesses and Eligible Joint Ventures

1.22.5. Business Enterprises Owned By People With Disabilities (BEPD) Commitment

1.22.5.1. Policy and Terms

1.22.5.2. Definitions

1.22.5.3. Commitments

1.22.5.4. Records and Reports

1.22.6. Mentoring Program Bid Preference (MCC 2-92-535)

1.22.7. Child Support Arrearage

1.22.8. Bid Incentive to Encourage Diverse Management and Workforce (MCC 2-92-407)

1.22.9. Bid Incentive to Encourage MBE/WBE Utilization on No Stated Goals Contracts

1.22.10. MacBride Principles Ordinance

1.23. Consideration of Bids

1.24. Bid Protests

1.25. Award of Contract; Notice of Award

1.26. Title VI Solicitation Notice

1.27. Policy Prohibiting Sexual Harassment (MCC 2-92-612)

1.28. Policy Regarding Non-Disclosure of Salary History (MCC 2-92-385)

Specification Number: 1272509 Page 15 Type of Funding: CITY Title: 1272509: WINDOW MOUNTED AND PORTABLE AIR CONDITIONERS, TARGET MARKET

Terms and Conditions

1. REQUIREMENTS FOR BIDDING AND INSTRUCTIONS TO BIDDERS - READ THIS ARTICLE

CAREFULLY BEFORE PREPARING YOUR BID

1.21. Rejection of Bids and Waiver of Informalities

The Chief Procurement Officer, in his/her sole discretion and authority, may determine that it is in the best interest of the City to reject any or all Bids submitted in response to any Invitation for Bids. The Chief Procurement Officer, in his/her sole discretion and authority, may disregard or waive any informality in the Bids or bidding process.

1.22. Statutory Adjustments to the Bid

1.22.1. City-based Businesses (Chicago Business Preference)

For purposes of this section only, the following definitions shall apply:

"City-based business" means a person who (i) conducts meaningful day-to-day business operations at a facility located within the city and reports such facility to the Internal Revenue Service as a place of employment for the majority of its regular, full-time workforce; (ii) holds all appropriate city licenses; and (iii) is subject to applicable city taxes. These taxes may include the City Wheel Tax as provided at Chapter 3-56 of the MCC.

"City residents," as defined in Section 2-92-330 of the MCC, means persons domiciled within the city.

"Contract" means any contract, purchase order or agreement awarded by the city and whose cost is to be paid from funds belonging to or administered by the city; provided that the term "contract" does not include: (i) a delegate agency contract;

(ii) a lease of real property; or (iii) a collective bargaining agreement.

"Prime Contractor" means a person who is a city- based business and the primary contractor on a contract. A "Prime Contractor" does not include any subcontractors.

"City resident employee" means an individual who resides In the City and who Is employed by a prime contractor in a permanent, full-time employment and whose work is not counted towards the work hours required by Section 2-92-330.

"Socio-economically disadvantaged area" means an area within the City that meets the criteria for designation as a socio-economically disadvantaged area as set forth in rules promulgated by the City's Commissioner of Planning and Development pursuant to Section 2-92-390.

If these Bid Documents pertain to a Contract having an estimated contract value of $100,000 or more, the CPO may apply a bid preference ("City Based Business Preference") of: (i) four percent of the contract base bid; or (ii) six percent of the contract base bid, if the majority of such prime contractor's employees are city resident employees; or (iii) eight percent of the contract base bid, if such prime contractor is eligible for an incentive under subsection (ii) and the majority of such contractor's city resident employees are residents of a socio-economically disadvantaged area, in accordance with section 2- 92-412 of the MCC, to any qualified bidder that is a Prime Contractor. If the CPO has determined that a City Based Business Preference may be applied, it will be indicated on the cover page of the Bid Documents.

If a City Based Business Preference is applied to a Bidder's Bid, the Local Goods Incentive pursuant to Section 2-92-410 of the MCC will not be applied to that same Bid.

Bidders desiring to take advantage of the City Based Business Preference must submit documentation with their Bid that Bidder is a City-Based Business.

1.22.2. Locally Manufactured Goods

For purposes of this section only, the following definitions shall apply:

“City-based manufacturer” means a person who: (i) holds any appropriate city license; (ii) is subject to applicable city taxes;

and (iii) owns, operates, or leases a manufacturing facility within the City.

Specification Number: 1272509 Page 16 Type of Funding: CITY Title: 1272509: WINDOW MOUNTED AND PORTABLE AIR CONDITIONERS, TARGET MARKET

“Contract for Goods” means any contract, purchase order or agreement for the purchase of goods awarded by the city and whose cost is to be paid from funds belonging to or administered by the city; provided that a “contract”does not include: (i) a delegate agency contract; (ii) a lease of real property; (iii) a collective bargaining agreement; or (iv) a construction contract as defined in Section 2-92-670 of the MCC.

“Locally manufactured goods” means goods whose value, either in whole or in part, is derived from growing, producing, processing, assembling, or manufacturing activities that occur within a city-based manufacturer's facility located within the city.

“Manufacture”means to produce tangible goods for use from raw or prepared materials by giving the materials new forms, qualities, properties or combinations, whether by hand-labor or machines.

If these Bid Documents pertain to a contract for goods having an estimated contract value of $100,000 or more, the CPO may allocate a bid incentive ("Local Goods Incentive") in accordance with section 2-92-410 of the MCC. If the CPO has determined that a Local Goods Incentive will be allocated, it will be indicated in Header Information, “Requirements” section, "Key Solicitation Parameters" subsection of the Bid Documents and shall consist of the following:

Total Dollar Value of Locally Manufactured Goods Provided in the Contract

Bid Incentive

25% to 49% 1% of the contract base bid

50% to 74% 1.5% of the contract base bid

75% or greater 2% of the contract base bid

Bidders desiring to take advantage of the Local Goods Incentive, if allocated, must submit documentation with their bid that the goods to be provided will be locally manufactured goods: "Bidder's Commitment to Provide Locally Manufactured Goods" and "Local Manufacturing Affidavit." Contractors must provide such other supporting documentation of local manufacture during the term of the Contract as the CPO may require.

Upon completion of the work, any Contractor that has failed to supply the required percentage of locally manufactured goods for which the Local Goods Incentive was allocated shall be fined in an amount equal to three times the amount of the difference between the bid incentive allocated and the bid incentive that would have been allocated to that contractor for the amount of locally manufactured goods actually supplied under the Contract, unless the Contractor can demonstrate that due to circumstances beyond the Contractor's control, the Contractor for good cause was unable to provide the required percentage of locally manufactured goods.

1.22.3. Alternatively Powered Vehicles Bid Incentive

1.22.3.1. Definitions for Alternatively Powered Vehicles Bid Incentive

For purposes of this Section "Alternatively Powered Vehicles Bid Incentive" only, the following definitions apply:

"Alternative fuel" has the meaning ascribed to that term in the Energy Policy Act of 1992, and the rules promulgated by the United States Department of Energy pursuant to that Act. The term "alternative fuel" includes but is not limited to natural gas, liquefied petroleum gas, hydrogen, ethanol E85 or electricity.

"Alternatively powered vehicle" means a vehicle that:

(A) is fueled by alternative fuel; provided that if a vehicle is capable of being powered by alternative fuel and traditional petroleum-based gasoline or petroleum-based diesel fuel, the vehicle must be powered by the alternative fuel for no less than 80% BTUs consumed during the three months prior to the submission of the bid; or

(B) is commonly referred to as a hybrid vehicle that is capable of being powered by a combination of any fuel and an alternative power source and the alternative power source includes an energy storage system to store generated or accumulated energy which substantially reduces the fuel use and emissions when compared to a standard vehicle of the same age, type and size; or

(C) is fueled by a biodiesel blend; provided that the vehicle is powered by the biodiesel blend for no less than 80% of the gallons consumed during the three months prior to the submission of the bid; or

(D) is fueled by traditional petroleum-based gasoline or petroleum-based diesel fuel, but powered by an engine substantially more efficiently designed than a standard vehicle of the same age, type and size; provided that the vehicle is rated by the United States Environmental Protection Agency in the top 5% for fuel efficiency for similar

Specification Number: 1272509 Page 17 Type of Funding: CITY Title: 1272509: WINDOW MOUNTED AND PORTABLE AIR CONDITIONERS, TARGET MARKET vehicles.

An "alternatively powered vehicle" does not include any vehicle which is: (i) primarily used in a warehouse or similar type of enclosed structure; (ii) required to use, or given credit for using, alternative fuel by any federal, state or local law; or (iii) subject to Section 2-92-595 of the MCC.

"Bid incentive" means an amount deducted, for bid evaluation purposes only, from the contract base bid in order to calculate the bid price to be used to evaluate the bid on a competitively bid contract.

"Biodiesel blend" has the meaning ascribed to that term in Section 2-92-595 of the MCC.

"Construction project" has the meaning ascribed to that term in Section 2-92-335 of the MCC.

"Contract" means any contract, purchase order, construction project, or other agreement (other than a delegate agency contract or lease of real property or collective bargaining agreement) awarded by the city and whose cost is to be paid from funds belonging to or administered by the city.

"Contract base bid" means the total dollar amount a contractor bids on a contract without factoring any bid incentive or percentage reductions in the bid amount.

"Eligible business" means a business located within the counties of Cook, DuPage, Kane, Lake, McHenry or Will in the State of Illinois (the “Six County Region”), and as to which: (1) a majority of the business' fleet is located and used within the Six County Region; and (2) a majority of those vehicles located and used within the Six County Region are alternatively powered vehicles.

"Fleet" means 10 or more vehicles that are owned, operated, leased or otherwise controlled by a business.

"Vehicle" means every device powered by a motor or engine and by, upon, or in which any person or property is or may be transported or drawn upon a street or highway, except a “vehicle” shall not include motorized wheelchairs, golf carts, neighborhood electric vehicles, as that term is defined in Section 9-4-010 of the MCC, devices moved solely by human power, devices used exclusively upon stationary rails or tracks, or snowmobiles, as defined in the Snowmobile Registration and Safety Act of Illinois.

1.22.3.2. Eligibility for Alternatively Powered Vehicles Bid Incentive

(A) Unless otherwise prohibited by any federal, state or local law, for any contract having an estimated contract value of $100,000 or more advertised, or if not advertised awarded, the chief procurement officer may allocate a bid incentive of 1/2% of the contract base price to a qualified bidder when the qualified bidder is an eligible business. If the CPO has determined that an Alternatively Powered Vehicles Preference may be applied, it will be indicated in the Header Information, “Requirements”section, "Key Solicitation Parameters" subsection of the Bid Documents.

The bid incentive is used only to calculate an amount to be used in evaluating the bid to determine the low bidder, and it does not affect the contract price.

For purposes of this section the total dollar value of a construction project contract includes both materials and labor.

(B) As a condition of being awarded the bid incentive, the eligible business shall continue to meet the definition of an eligible business during the term of the contract.

(C) The contractor shall maintain adequate records necessary to monitor compliance with this section and shall submit such reports as required by the chief procurement officer. Full access to the contractor's and subcontractors' records shall be granted to the chief procurement officer, the commissioner of the supervising department, the inspector general, or any duly authorized representative thereof. The contractor and subcontractors shall maintain all relevant records for a period of no less than seven years after final acceptance of the work.

(D) A bidder desiring to receive an incentive pursuant to this section shall include with its bid submission the Affidavit of Eligible Business for Bid Incentive for Alternative Powered Vehicles, which affirms that the bidder satisfies all pertinent requirements as an eligible business.

(E) Upon completion of the work, any eligible business that receives a bid preference but that fails to meet the definition as an eligible business during the term of the contract shall be fined in an amount equal to three times the amount of the bid incentive awarded.

(F) This section shall not apply to any contract to the extent that the requirements imposed by this section are inconsistent with procedures or standards required by any law or regulation of the United States or the State of Illinois to the extent such inconsistency is not permitted under law or the home rule powers of the city.

Specification Number: 1272509 Page 18 Type of Funding: CITY Title: 1272509: WINDOW MOUNTED AND PORTABLE AIR CONDITIONERS, TARGET MARKET

1.22.4. Bid Incentives for Veteran-Owned Small Local Businesses and Eligible Joint Ventures

For purposes of this section only, the following definitions shall apply:

"Bid incentive" means an amount deducted, for bid evaluation purposes only, from the contract base bid in order to calculate the bid price to be used to evaluate the bid on a competitively bid contract.

"Contract base bid" means the total dollar amount a contractor bids on a contract without factoring any bid incentive or percentage reductions to the bid amount.

"Eligible joint venture" means an association of one or more small local business enterprises in combination with one or more veteran-owned business enterprises, proposing to perform as a single for-profit business enterprise, in which each joint venture partner contributes property, capital, efforts, skill and knowledge. Joint ventures must have an agreement in writing specifying the terms and conditions of the relationship between the partners and their respective roles in the contract.

"Local business enterprise" means a business entity located within the counties of Cook, DuPage, Kane, Lake, McHenry or Will in the State of Illinois (the "Six County Region").

"Owned" means having all of the customary incidents of ownership, including the right of disposition, and sharing in all of the risks, responsibilities and profits commensurate with the degree of ownership.

"Prime contractor" means a person who is the primary contractor on a contract.

"Small business enterprise" means: (i) for a construction business enterprise, a small business enterprise, as the term is defined in MCC 2-92-670; or (ii) for a non-construction business enterprise, a business enterprise which is not an established business, as the term is defined in MCC 2-92-640.

"Small local business enterprise" ("SBE") means a local business enterprise which is also a small business enterprise.

"Veteran-owned business enterprise" means an enterprise which: (1) is at least 51 percent owned by one or more veterans, or in the case of a publicly held corporation, at least 51 percent of all classes of the stock of which is owned by one or more veterans, whose management, policies, major decisions and daily business operations are independently managed and controlled by one or more veterans; and (2) has been: (i) certified by the City as a veteran-owned small local business pursuant to MCC 2-92-930; (ii) certified by the County of Cook as a veteran business enterprise; (iii) certified by the State of Illinois as a qualified service-disabled veteran-owned small business or a qualified veteran-owned small business pursuant to 30 ILCS 500/45-57; or (iv) verified and approved by the United States Department of Veterans Affairs as a service-disabled veteran-owned small business or a veteran-owned small business.

"Veteran-owned small local business" ("VBE") means a business that is both a veteran-owned business enterprise and a small local business enterprise, and which has been certified by the City as a veteran-owned small local business pursuant to

MCC 2-92-930.

"Veteran" means a person who has served in the United States armed forces and was discharged or separated under honorable conditions.

Unless otherwise prohibited by any federal, state or local law, the CPO shall allocate a bid incentive of 5% of the contract base price, in accordance with section 2-92-950 of the MCC, to any qualified bidder that is a veteran-owned small local business or an eligible joint venture.

The bid incentive is used only to calculate an amount to be used in evaluating the bid to determine the low bidder, and it does not affect the contract price.

Bidders desiring to receive this incentive must submit an affidavit and other supporting documents demonstrating that the

Specification Number: 1272509 Page 19 Type of Funding: CITY Title: 1272509: WINDOW MOUNTED AND PORTABLE AIR CONDITIONERS, TARGET MARKET bidder satisfies all pertinent requirements as a veteran-owned small local business or an eligible joint venture. Bidders should consult the DPS regulations regarding this incentive and be prepared to comply with the self-performance requirements, which in some circumstances affect the calculation of MBE and WBE participation toward contract goals when a small business enterprise involved in receiving this incentive is also a certified MBE or WBE.

As a condition of being awarded the bid incentive, the veteran-owned small local business or eligible joint venture shall continue to meet the definition of a veteran-owned small local business or an eligible joint venture. If a contract is awarded to the veteran-owned small local business or eligible joint venture, upon completion of the work, any veteran-owned small local business or eligible joint venture that receives a bid preference but fails to meet the definition of a veteran-owned small local business or eligible joint venture during the term of the contract for which the bid incentive was awarded shall be fined in an amount equal to three times the amount of the bid incentive awarded.

The Contractor shall maintain adequate records necessary to ensure compliance with this section and shall submit such reports as required by the chief procurement officer. Full access to the contractor's and subcontractors' records shall be granted to the chief procurement officer, the commissioner of the supervising department, the inspector general, or any duly authorized representative thereof. The Contractor and subcontractor shall maintain all relevant records a period that is the longer of seven years or as after final acceptance of the work in accordance with the Local Records Act.

1.22.5. Business Enterprises Owned By People With Disabilities (BEPD) Commitment

1.22.5.1. Policy and Terms

It is the policy of the City that businesses certified as Business Enterprises owned by People with Disabilities (BEPD) in accordance with MCC 2-92-337 et seq., Regulations Governing Certification of Business Enterprises owned by People with Disabilities, and all other Regulations promulgated under the aforementioned sections of the Municipal Code; shall have the full and fair opportunities to participate fully in the performance of this Contract. Therefore, the Bidder or Contractor shall not discriminate against any person or business on the basis of disability, and shall take affirmative actions to ensure BEPDs shall have full and fair opportunities to compete for and perform subcontracts for supplies or services.

Failure to carry out the commitments and policies set forth herein shall constitute a material breach of the Contract and may result in the termination of the Contract or such remedy as the City deems appropriate.

1.22.5.2. Definitions

For purposes of this section only, the following definitions apply:

(A) "Business Enterprises owned or operated by People with Disabilities" or "BEPD has the same meaning ascribed to it in section 2-92-586.

(B) "Bid incentive" means an amount deducted, for bid evaluation purposes only, from the contract base bid in order to calculate the bid price to be used to evaluate the bid on a competitively bid contract.

(C) "Contract base bid" means the total dollar amount a contractor bids on a contract without factoring any bid incentive or percentage reductions to the bid amount.

1.22.5.3. Commitments

Where not otherwise prohibited by federal, state, or local law, the CPO shall allocate to any qualified bidder the following bid incentive for utilization of a BEPD as a prime contractor or subcontractor in the performance of the contract.

% of total dollar contract amount performed by

BEPD

Bid incentive

Specification Number: 1272509 Page 20 Type of Funding: CITY Title: 1272509: WINDOW MOUNTED AND PORTABLE AIR CONDITIONERS, TARGET MARKET

2 to 5% 1% of the contract base bid

6 to 9% 2% of the contract base bid

10 to 13% 3% of the contract base bid

14% or more 4% of the contract base bid

The bid incentive shall be calculated and applied in accordance with the provisions of this section. The bid incentive is used only to calculate an amount to be used in evaluating the bid. The bid incentive does not affect the contract price.

Upon completion of the work, any Contractor that has failed to retain the percentage of BEPD subcontractors for which a bid incentive was taken into consideration in awarding of a contract shall be fined an amount equal to three times the amount of the bid incentive allocated, unless the Contractor can demonstrate that due to circumstances beyond the Contractor's control, the Contractor for good cause was unable to retain the percentage of BEPD participants throughout the duration of the contract period.

1.22.5.4. Records and Reports

The Contractor shall maintain accurate and detailed books and records necessary to monitor compliance with this section and shall submit such reports as required by the CPO, or the commissioner of the supervising department.

Full access to the Contractor’s and Subcontractor’s records shall be granted to the CPO, the commissioner of the supervising department, or any duly authorized representative thereof. The Contractor and Subcontractors shall maintain all relevant records for a period of at least three years after final acceptance of the work.

1.22.6. Mentoring Program Bid Preference (MCC 2-92-535)

For purposes of this section only, the following definitions shall apply:

"Mentoring agreement" means a written mentor-protégé agreement approved by the CPO with MBEs and WBEs to develop their capacity in becoming self-sufficient, competitive and profitable business enterprises, as defined in Section 2-92-535.

"Subcontractor-to-subcontractor mentoring agreement" means a subcontractor's written mentor-protégé agreement approved by the CPO to develop the capacity of MBE or WBE subcontractors, as defined in Section 2-92-535.

Unless otherwise prohibited by any federal, state or local law, the CPO shall allocate a bid incentive of 1% of the contract base price, in accordance with Section 2-92-535 of the MCC, to any prime contractor that has entered into a mentoring agreement or whose subcontractor has entered into a subcontractor-to-subcontractor mentoring agreement.

Bidders desiring to receive this incentive must submit an affidavit and other supporting documents demonstrating that the bidder has entered into a mentoring agreement or that the bidder's subcontractor has entered into a subcontractor-to-subcontractor mentoring agreement, at the time of bid submission and at any time during the term of the Contract, as requested by the CPO.

As a condition of being awarded the bid preference, the Contractor shall maintain records adequate to monitor compliance with MCC Section 2-92-535 and shall submit such reports as required by the CPO. Full access to the Contractor's records shall be granted to the CPO, the Commissioner of the supervising department, the Inspector General, or any duly authorized representative thereof. The Contractor and subcontractors shall maintain all relevant records for a period of no less than three years after the expiration of the Contract.

Upon completion of the work, any Contractor that has failed to maintain a mentoring agreement or a subcontractor that has a subcontractor-to-subcontractor mentoring agreement, for which a bid preference was taken into consideration in awarding of a contract, shall be fined in an amount equal to three times the amount of the bid preference allocated, unless the Contractor can demonstrate that due to circumstances beyond the Contractor's control, the Contractor for good cause was unable to maintain a mentoring agreement or a subcontractor that has a subcontractor-to-subcontractor mentoring agreement throughout the duration of the Contract period.

Specification Number: 1272509 Page 21 Type of Funding: CITY Title: 1272509: WINDOW MOUNTED AND PORTABLE AIR CONDITIONERS, TARGET MARKET

1.22.7. Child Support Arrearage

Pursuant to Section 2-92-415 of the MCC, an eight percent (8%) penalty will be applied to the Bids of Bidders whose substantial owners, as defined in the Code, are in arrears on court-ordered child support payments and who have not entered into an agreement for payment or are otherwise not in compliance with the order. The penalty will pertain to the Bid only, and will not affect the contract price or payments under the Contract. This penalty does not apply to federally-funded contracts.

1.22.8. Bid Incentive to Encourage Diverse Management and Workforce (MCC 2-92-407)

For purposes of this section only, the following definitions shall apply:

"Contract" means the contract, purchase order or agreement awarded by the City and whose cost is to be paid from funds belonging to or administered by the City; provided that the term "Contract" does not include: (i) a delegate agency contract;

(ii) a lease of real property; or (iii) a collective bargaining agreement.

"Diverse" means any of the following racial or ethnic groups:

1. African-Americans or Blacks (persons having origins in any of the Black racial groups of Africa); and

2. Hispanics (persons of Spanish culture with origins in Mexico, South or Central America or the Caribbean Islands, regardless of race); and

3. Asian-Americans (persons having origins in any of the original peoples of East Asia, Southeast Asia, the Indian subcontinent, or the Pacific Islands); and

4. American Indians, which includes persons having origins in any of the original peoples of North and South America

(including Central America) and who maintain tribal affiliation or community attachment; and

5. Other groups, or other individuals, found by the board to be socially and economically disadvantaged and to have suffered actual racial, ethnic or gender discrimination and decreased opportunities to compete in Chicago area markets or to do business with the City.

"Prime Contractor" means the Contractor and does not include any subcontractors, except that for the purposes of determining a joint venture Prime Contractor's Workforce, the Workforce of joint venture members may be considered under certain circumstances as described in DPS's rules regarding this incentive. These rules may be found on the DPS website.

“Management”means (A) business owners, including all shareholders and partners; (B) directors and officers or managers as contemplated under 805 ILCS 5/Art. 8, 805 ILCS 180 or 805 ILCS 185, or similar business organization statute applicable to the business, or (C) key employees performing executive level functions including making significant discretionary, policy or operational decisions affecting the company. To determine whether an employee is in a Management role, an analysis of the employee’s actual job duties (rather than merely stated job duties) will be conducted. “Management” does not mean registered agents who are not also employees. It does not mean independent contractors who would have a fiduciary duty to the business such as accountants and tax advisors, attorneys, or any other non-employees except those set out in (B) or (C) above.

"Workforce" means all who are employed by Contractor in a permanent, full-time employment capacity.

Unless otherwise prohibited by any federal, state or local law, for any contract having an estimated contract value of $100,000 or more advertised, or if not advertised awarded by competitive bid, the CPO shall allocate to any qualifying bidder the following bid incentive for diverse management and diverse workforce:

Total % of Contractor Management That Is Diverse Bid Incentive

10% to 20% 0.5% of the contract base bid

Greater than 20% up to 40% 2% of the contract base bid

Greater than 40% 4% of the contract base bid

Total % of Contractor Workforce That Is Diverse Bid Incentive

10% to 20% 2% of the contract base bid

Greater than 20% up to 40% 4% of the contract base bid

Greater than 40% 6% of the contract base bid

Specification Number: 1272509 Page 22 Type of Funding: CITY Title: 1272509: WINDOW MOUNTED AND PORTABLE AIR CONDITIONERS, TARGET MARKET

A Prime Contractor may qualify for and apply both the diverse management and diverse workforce bid incentives.

The bid incentive is used only to calculate an amount to be used in evaluating the bid to determine the low bidder, and it does not affect the Contract price.

At the time of bid, bidders seeking to take advantage of this bid incentive must submit the relevant affidavit(s), including any supplemental information required by such affidavit(s). Failure to submit the affidavit(s), including all supplemental information required by such affidavit(s), with the bid will render the bidder ineligible for this incentive.

The Prime Contractor shall maintain records adequate to monitor compliance with this section and shall submit such reports as required by the CPO. Full access to the Prime Contractor's records shall be granted to the CPO, the Commissioner of the supervising department, the Inspector General, or any duly authorized representative thereof. The Prime Contractor shall maintain all relevant records for a period of no less than three years after the expiration of the Contract.

The CPO may require, at the time of submission of a bid or at any time during the term of the Contract, that the bidder of Prime Contractor submit an affidavit and other supporting documents demonstrating that the bidder or Prime Contractor is eligible for the diverse management and/or diverse workforce bid incentives.

Upon completion of the work, any Prime Contractor that has failed to retain the percentage of diverse management and/or diverse workforce for which a bid incentive was taken into consideration in awarding of a contract shall be fined in an amount equal to three times the amount of the bid incentive allocated, unless the Prime Contractor can demonstrate that due to circumstances beyond the Prime Contractor's control, the Prime Contractor for good cause was unable to retain the percentage of diverse management and/or diverse workforce throughout the duration of the Contract period.

1.22.9. Bid Incentive to Encourage MBE/WBE Utilization on No Stated Goals Contracts

This Contract does not include stated goals for MBE/WBE participation. Nevertheless, by means of a bid preference pursuant to MCC 2-92-525, bidders are encouraged to utilize MBE and WBE firms on the Contract.

A. For purpose of this section only, the following definitions shall apply:

"Bid Incentive" means an amount deducted, for bid evaluation purposes only, from the contract base bid in order to calculate the bid price to be used to evaluate the bid on a competitively bid contract.

"Contract base bid" means the total dollar amount a contractor bids on a contract without factoring any bid incentive or percentage reductions to the bid amount.

B. As further described below, the CPO will allocate to any qualified Bidder the following bid incentive for utilization of:

1. MBE or WBE subcontractors in the performance of the Contract; or

2. MBE or WBE firms other than as a subcontractor during the performance of the Contract, this may include, but is not limited to, an MBE or WBE acting as a prime contractor, or indirect participation by an MBE or WBE:

MBE or WBE participation as a percentage of the estimated contract dollar amount

Bid Incentive, as a percentage of the Contract Base Bid

5% 0.75%

10% 1.00%

15% 1.25%

20% 1.50%

25% 1.75%

30% 2.00%

C. For a Bidder to qualify for an incentive under B(1), above, the MBE or WBE subcontractors that the bidder utilizes must be certified by the City of Chicago or Cook County in the area of specialty in which they are used during the performance of the contract unless:

1. such MBE or WBE subcontractors are certified in at least one area of specialty; and

Specification Number: 1272509 Page 23 Type of Funding: CITY Title: 1272509: WINDOW MOUNTED AND PORTABLE AIR CONDITIONERS, TARGET MARKET

2. the Bidder has entered into a written mentor-protégé agreement approved by the CPO with such MBE or WBE subcontractors to develop their capacity in becoming self-sufficient, competitive and profitable business enterprises.

D. For a bidder to qualify for an incentive under B(2), above, the MBE or WBE firms that the bidder utilizes (or bidder, if bidder is an MBE or WBE) must be certified by the…