The Brookfield Times

Brookfield looks to bar deficient vendors
Process provides for performance evaluations, hearings

By BOB UPHUES
Editor

At its meeting April 13, the Brookfield village board voted to adopt a new ordinance that will allow the village to disqualify from any competitive bidding process contractors who fail to measure up.

Village Manager Riccardo Ginex introduced the measure in late March, saying the new law would "promote integrity in the village's contracting processes and protect the public interest."

"We've had some issues," said Ginex in a separate interview. "We wanted to find out how we could restrict these guys from working here, especially if they bid on contracts and have the low bid. What can we do?"

Most notably, Brookfield ended up in court with one of its contractors for a street improvement project back in 2003. Then in 2006, the village was sued by a concrete contractor after its low bid for another street project was rejected by Brookfield trustees after staff noted a number of lawsuits against the contractor throughout the years. Both suits were dismissed, according to court records.

According to the text of the new ordinance, the village manager will be responsible for determining whether a vendor should be barred from bidding on village contracts. It also provides for a performance evaluation process in which the village manager rates firms doing work with the village on several criteria, from the quality of work to the vendor's willingness to resolve contract disputes and respond to reasonable requests from village officials.

"Looking at the ordinance, it comes about when we have a lot of complaints or significant issues," Ginex said. There are no specific contractors the village is targeting with this legislation, Ginex added.

A contractor can also be barred from bidding on work if it has been determined that the contractor has violated contract terms or has been suspended or barred by any state or federal agency, has filed for bankruptcy protection or has been convicted of any state or federal law relating to his reliability as a contractor.

Before ruling that a vendor should be barred from seeking village contracts, the village manager would be required to inform that company why the village seeks to bar him and then hold a hearing where both sides can present evidence and witnesses.

After the hearing, the village manager will make a recommendation to the village board, which will have the final say on whether to bar a vendor. The length of time a contractor would be prohibited from seeking government contracts would depend on the severity of the problem, but could be permanent.