Illinois Administrative Code

Section 6.1040 PDB Procurement Process a) The progressive design-build project delivery method is a form of the design-build project delivery method that employs a progressive approach in which the Department and the selected progressive design-build contractor collaborate to pro…

Section 6.1050 DB Procurement Process a) Design-build is an alternative project delivery method that allows a design-build contractor to perform design and construction concurrently, rather than sequentially as on DBB projects b) DB projects are developed in the following three p…

Section 6.1060 Project Implementation Oversight and contract compliance. The Department shall provide design reviews, constructability reviews, construction acceptance, oversight of utility relocations, independent quality assurance surveys, independent material testing, document…

Section 6.1070 Project Labor Agreement A CMGC contract, DB contract, or PDB contract shall require the design-build contractor, progressive design-build contractor or CMGC contractor to enter into a project labor agreement used by the Department unless the transportation project …

Section 6.1080 Diversity a) The Department's Office of Business and Workforce Diversity shall retain a staff member or consultant to act as a liaison for the Department on CMGC, PDB and DB project for outreach, monitoring, and compliance with the Disadvantaged Business Enterprise…

Section 6.110 Sole Source and Sole Economically Feasible Source Procurement a) Application A contract may be procured from a single source without competition or use of any other method of procurement prescribed in the Code or this Part when the single source is the only economic…

Section 6.1100 Purpose The purpose of this Subpart is to establish policies and procedures to allow the Department to receive, review, and implement unsolicited proposals for public-private partnerships in accordance with the Illinois Procurement Code [30 ILCS 500] and the Public…

Section 6.1110 Definitions As used throughout this Subpart, terms defined in the Illinois Procurement Code and the Public Private Partnership for Transportation Act have the same meaning as in the Code and the Public Private Partnership for Transportation Act and as further defin…

Section 6.1120 Acceptance Period Public notice of the acceptance period and details regarding the method of unsolicited proposal submission will be published on the Department's website at least 30 days before the opening date of the acceptance period. (Source: Added at 50 Ill. R…

Section 6.1130 Proposal Review Fee The Department will only accept the submission of an unsolicited proposal, if it is accompanied by the proposal review fee in accordance with Section 19 of the P3 Act. (Source: Added at 50 Ill. Reg. 6426, effective April 27, 2026)

Section 6.1140 Eligibility Determination Review a) The Department will review each unsolicited proposal to determine if the UP should be advanced to the preliminary evaluation phase. The Department will determine that an unsolicited proposal will not be eligible and will not be f…

Section 6.1150 Submission of Confidential Information Proposers must clearly identify confidential, proprietary, or trade secret information. Information not clearly marked confidential may be disclosed. (Source: Added at 50 Ill. Reg. 6426, effective April 27, 2026)

Section 6.1160 Preliminary Evaluation Phase The Department will conduct preliminary evaluation of all unsolicited proposals that passed the eligibility determination review. The criteria that will be considered will include the unsolicited proposal's suitability for a public-priv…

Section 6.1170 Process After Preliminary Evaluation Phase a) Authority to Initiate Unsolicited Proposal Procurement Process The Department may not commence the procurement process for a project until authorized pursuant to Section 15(d) of the P3 Act. b) Counterproposals 1) The D…

Section 6.1180 Negotiation of Agreement The Department will notify the selected proposer of the Department's selection, and the parties shall begin negotiations. The Department will notify all other short-listed proposers that their proposal was not selected. a) If a mutually acc…

Section 6.1190 Public Meeting on Selected Proposal Before finalizing any agreement, the Department will hold one or more public meetings to allow stakeholders, community members, and interested parties to review and provide input on the proposed project and the selected proposal.…

Section 6.120 Emergency Purchases a) A contract may be procured without the use of any other method of procurement prescribed in the Code or this Part when there exists a threat to public health or safety, or when an immediate contract is needed to repair State property in order …

Section 6.1200 Protests and Appeals All protests and appeals shall be governed by 44 Ill. Adm. Code 6, Subpart G. (Source: Added at 50 Ill. Reg. 6426, effective April 27, 2026)

Section 6.122 Requests for Information a) When the Department does not have sufficient information, including, but not limited to, available supplies, products, or services, to issue a solicitation, the Department, in consultation with the SPO, may issue a request for information…

Section 6.1220 Commercial Close The Department and selected proposer will negotiate the agreement based on the selected proposer's proposal. The agreement shall comply with the requirements of Section 35 of P3 Act. A commercial close is achieved upon full execution of the agreeme…

Section 6.1230 Financial Close The developer shall finalize a comprehensive finance plan consistent with the agreement's financial structure. The Department will review and approve all financial documentation. (Source: Added at 50 Ill. Reg. 6426, effective April 27, 2026)

Section 6.124 Joint Purchasing a) The CPO may authorize the Department to jointly purchase supplies and services with: 1) a governmental unit of this State; 2) a governmental entity of another state; 3) a consortium of governmental entities of one or more states; or 4) any not-fo…

Section 6.1240 Notice of Execution The Department will publish notice and a copy of the executed agreement on its website and in newspapers of general circulation within the county or counties where the project is located. The notice will inform the public that any action to cont…

Section 6.125 Small Business Set-Asides (Renumbered) (Source: Section 6.125 renumbered to Section 6.801 at 44 Ill. Reg. 6222, effective April 8, 2020)

Section 6.1250 Project Implementation The Department will provide oversight and ensure contract compliance through design reviews, constructability reviews, construction acceptance, utility relocation oversight, independent quality assurance surveys, independent material testing,…

Section 6.126 Piggyback Contracts a) The CPO may authorize the purchase or lease of supplies and services that have been procured through a competitive process by: 1) a federal agency; 2) a consortium of governmental, educational, medical, research, or similar entities; or 3) a g…

Section 6.1260 Use of Prequalified Firms and Contractors All firms and contractors that are proposed to perform services subject to the prequalification requirements of 44 Ill. Adm. Code 625 or 650 in an unsolicited proposal or counterproposal must be prequalified by the counterp…

Section 6.130 General Conditions for Use The procedures set forth in this Subpart D will be used for all contracts procured by the CPO through the use of competitive sealed bids.

Section 6.140 Invitations for Bids a) The process for procuring a contract by competitive sealed bids begins with the issuance of an Invitation for Bids by publication in the Bulletin not less than 14 days prior to the date set for the opening of bids. (See Section 20-10(c) of th…

Section 6.150 Amendments to Invitations for Bids Invitations for Bids may be supplemented, by publication in the Bulletin, with additional contract items, amended instructions, information, or extensions of any times stated in the invitation. Contract items may be subject to amen…

Section 6.160 Preparation of Bids a) Bidders shall follow all instructions included in the Invitation for Bids and bid forms for submission of bids on the contract item for which bids are sought. b) Bidders shall submit their bids in the manner required by the Invitation for Bids…

Section 6.170 Delivery of Bids Bids shall be sealed and submitted in the manner specified or allowed by the Invitation for Bids. When sent by mail, the sealed bid shall be addressed to the CPO at the address and in care of the official in whose office the bids are to be received.…

Section 6.180 Change or Withdrawal of Bids An authorized agent of a bidder may change or withdraw a bid if written or in-person notice of the change or withdrawal is received by the Department before the time specified for submission of bids. No change or withdrawal is allowed af…

Section 6.190 Combination Bids for Construction Contracts a) A combination bid is a total bid received on two or more contract items. No combination bids other than those specifically established by the Department will be considered. Separate bid forms will be issued for each con…

Section 6.20 Policy and Application a) Policy All Department contract procurements will be accomplished in the most economic and expeditious manner consistent with the principles and practices established in the Code. It is the policy of the CPO for the Department that all activi…

Section 6.200 Pre-Bid Conferences Pre-bid conferences may be conducted to enhance understanding of the procurement requirements. They will be announced in the Bulletin. The conference should be held long enough after the Invitation for Bids has been issued to allow bidders to bec…

Section 6.210 Public Opening of Bids a) Bids shall be opened publicly or through an electronic procurement system at the time and place specified in the Invitation for Bids. (See Section 20-10(d) of the Code.) b) The name of each bidder and the price term of each bid will be read…

Section 6.220 Consideration of Bids a) After the bids are opened and recorded, the bids will be reviewed for responsiveness to the Invitation for Bids, conformity with all requirements prescribed in this Part, and satisfactory evidence of compliance. If unit prices are required, …

Section 6.230 Mistakes a) If a bidder claims a mistake in its bid, the bid may be withdrawn in accordance with this Section without payment of damages to the Department as provided in the terms of a bid bond or other bid security, provided the bidder claiming the mistake demonstr…

Section 6.240 Award After Bid Evaluation a) Unless all bids are rejected, an award notification will be made to the lowest responsible bidder whose bid is responsive to and conforms with the requirements and criteria of the invitation. Tie bids will be decided by lot. All respons…

Section 6.250 Split and Multiple Awards a) The CPO may advertise a contract for a potential split award of a definite quantity requirement between two or more bidders. The Invitation for Bids will advise of the reservation of split awards and the basis for dividing the award. b) …

Section 6.260 Time for Award Unless the Invitation for Bids specifies a different time for bid acceptance, a notification of award will be made in writing dated within 45 calendar days after the opening of bids.

Section 6.270 Delay in Award Should circumstances be encountered after bid opening that may delay award beyond the 45 day or other advertised period, the responsive bidders may be requested to extend the bid acceptance period.

Section 6.275 Notice of Award a) Notice of the Department's intent to award a contract, with concurrence of the SPO, pursuant to this Subpart D will be published in the Bulletin. b) When the SPO determines that it is not in the best interest of the State to award to the lowest re…

Section 6.280 Binding Contract a) Once an award has been made, the bidder is bound to perform according to the terms and conditions of the contract, the Invitation for Bids and this Part. b) An approved contract executed by the CPO is required before the State is bound. An award …

Section 6.290 Requirement of Contract Bond for Construction Contracts The successful bidder awarded a construction contract shall furnish the Department a performance and payment bond with good and sufficient sureties in the full amount of the contract as the penal sum. (See the …

Section 6.30 Purpose and Policy Interpretations This Part is promulgated to guide the CPO and appointed SPOs in implementing the procurement practices applicable to contract procurement established in the Code. All policy and operational interpretations will be made in a manner s…