Illinois Administrative Code

Section 6.330 Request for Proposals a) The process for procuring a contract by competitive sealed proposals begins with the issuance of a Request for Proposals by publication in the Bulletin not less than 14 days before the date set in the request for the opening of proposals. (S…

Section 6.340 Delivery of Proposals a) Proposals shall be sealed and submitted in the manner specified or allowed by the Request for Proposals. When sent by mail, the sealed proposal shall be addressed to the official mailing address specified in the request. All proposals shall …

Section 6.350 Evaluation of Proposals a) The evaluation is based on the evaluation factors set forth in the Request for Proposals. Numerical rating systems may be used but are not required. Factors not specified in the Request for Proposals will not be considered. For purposes of…

Section 6.360 Discussions with Responsible Offerors a) Purposes of Discussions. Discussions may be held to promote understanding of the Department's requirements and the offerors' proposals, and to facilitate arriving at a contract that will be most advantageous to the State, tak…

Section 6.370 Award a) An award will be made pursuant to a written determination by the SPO, retained in the procurement file, showing the basis on which the award was found to be most advantageous to the State, based on the factors set forth in the Request for Proposals, and tak…

Section 6.380 Execution of Contracts No contract subject to this Subpart E will be executed until the 14-day PPB notice period has expired or the Department has received a waiver of the 14-day notice period from the PPB. (Source: Amended at 44 Ill. Reg. 6222, effective April 8, 2…

Section 6.385 Expenditure in Excess of Contract Price a) No funds in excess of the contract price may be obligated or expended by change order or contract adjustment unless the additional work to be performed or materials to be furnished are germane to the original contract. b) A…

Section 6.388 Continuing Disclosure a) Every person that has entered into a contract for more than one year in duration for the initial term or for any renewal term shall certify, by January 1 of each fiscal year covered by the contract, after the initial fiscal year, to the Chie…

Section 6.390 Application The procedures of this Subpart G will govern the resolution of protests received by the CPO from an interested party concerning a contract solicitation.

Section 6.40 Definitions As used throughout this Part, terms defined in the Illinois Procurement Code have the same meaning as in the Code and as further defined in this Section. Each term listed in this Section has the meaning set forth as follows unless its use clearly requires…

Section 6.400 Interested Party In order to be considered an interested party, the protester must be or have been an actual bidder or offeror who demonstrates compliance in all respects with this Part and the terms of the subject Invitation for Bids or Request for Proposals.

Section 6.410 Subject of the Protest a) A protest may be filed regarding any phase of the solicitation process for a particular contract. b) The subject of the protest shall concern fraud, corruption or illegal acts undermining the objectives and integrity of the procurement proc…

Section 6.420 Filing of a Protest a) All protests shall be in writing and filed with the CPO within 7 calendar days after the protester knows or should have known of the facts giving rise to the protest. Protests filed after the 7 calendar day period will not be considered. In ad…

Section 6.430 Stay of Action during Protest When a protest has been timely filed and before an award has been made, the SPO will make no award of the contract until the protest has been resolved, unless the award of the contract without delay is necessary to protect the interests…

Section 6.440 Decision a) A decision on a protest will be made as expeditiously as possible after receiving all relevant information. b) The protest will be sustained only if it is determined by the CPO that the protest conclusively demonstrates by the preponderance of relevant i…

Section 6.450 Standard Specifications All Department construction contracts will identify the version of the Standard Specifications, applicable to the type of work involved, used by the Department Division undertaking the project.

Section 6.460 Contract Documents For construction contracts, the specifications, supplemental specifications, special provisions and plans will provide the requirements for the categories of work and materials needed for the contract. For all other contracts involving the procure…

Section 6.470 Specification Standards a) Material and product specifications for construction contracts and construction-related service contracts that may require the delivery of material or products will be used that satisfy the needs of the Department and that are developed in…

Section 6.480 Purpose The purpose of this Subpart I is to establish the standards and procedures governing the administrative action of suspension that may be taken by the CPO to safeguard the public interest in the solicitation, execution, administration and performance of publi…

Section 6.490 Definitions As used in this Subpart: a) "Affiliates" means firms where one controls or has the power to control another, or a third party or parties controls or has the power to control both. b) "Hearing Officer" means the CPO or an attorney, licensed to practice la…

Section 6.50 Transportation Procurement Bulletin a) The CPO, in consultation with the Department, possesses the rights to, and is the authority responsible for, publishing the Department's volume of the Illinois Procurement Bulletin. The Department's volume is entitled the "Trans…

Section 6.500 Policy In order to protect the public interest in the solicitation, execution and performance of contracts or subcontracts administered by the Department, it is the policy of the Department to conduct business only with contractors or subcontractors of responsible b…

Section 6.510 General The CPO may suspend a contractor or subcontractor from participation on any contract or subcontract awarded by or requiring approval or concurrence of the Department upon a determination by the CPO based upon adequate evidence that the contractor or subcontr…

Section 6.520 Causes for Suspension or Debarment A contractor or subcontractor may be suspended or debarred from participation due to acts or omissions that indicate that the contractor or subcontractor lacks integrity and honesty in the conduct of business or the performance of …

Section 6.530 Interim Suspension The CPO may immediately suspend a contractor or subcontractor prior to and during the pendency of a hearing provided by this Subpart if the CPO finds that the facts and circumstances upon which the suspension cause is predicated are of such a natu…

Section 6.540 Voluntary Exclusion A contractor or subcontractor may accept a status of nonparticipation or limited participation in Department contracts or subcontracts pursuant to the terms of an administrative settlement. (Source: Amended at 35 Ill. Reg. 16518, effective Septem…

Section 6.55 Required Notices a) Notice of all awarded contracts entered into by the Department pursuant to Subpart D will be published in the Bulletin. b) Notice of all solicitations are published in the Bulletin pursuant to Subpart D. c) Notice of contracts let are published in…

Section 6.550 Term of Suspension Except as herein provided, the term of a suspension imposed by the CPO will be for a period, commensurate with the seriousness of the cause or causes, of up to 10 years. In cases involving the inadvertent or accidental failure to make the full dis…

Section 6.560 Coverage a) A suspension and interim suspension applies to the contractor or subcontractor set forth in the notice of suspension. b) If the contractor or subcontractor named in the notice of suspension is a person, the suspension also applies to any other contractor…

Section 6.570 Other Agency Suspensions Suspension under this Subpart I may be concurrent with or consecutive to any other suspension or debarment imposed by another public agency or CPO. (Source: Amended at 35 Ill. Reg. 16518, effective September 30, 2011)

Section 6.580 Responsibility Suspension under this Subpart I will also be deemed a finding of lack of responsibility.

Section 6.590 Continuation of Executory Contracts Suspension or voluntary exclusion pursuant to this Subpart I shall not relieve a contractor or subcontractor or its surety of any obligation to be performed in accordance with the terms of any executory contract or bond that remai…

Section 6.60 Subscription Fees The Department reserves the right to charge subscription fees in accordance with Section 15-15 of the Code. The Bulletin will be made available without charge to prequalified bidders, registered subcontractors, and offerors, and to public libraries …

Section 6.600 Exception Provision A suspension action is final, except that the period of time during which a contractor or subcontractor is suspended may be decreased, delayed or rescinded at any time, if, in the judgment of the CPO, the public interest warrants such action. The…

Section 6.610 Notice of Suspension a) Any contractor that the CPO proposes to suspend pursuant to this Part will be furnished written notice by personal service or by certified or registered mail. b) The notice will include the following: 1) The cause for suspension on which the …

Section 6.620 Response and Request for Hearing a) Any contractor or subcontractor receiving a notice of suspension may, within 30 days after receipt of a notice, file an appearance and request for a hearing. A contractor or subcontractor that does not file an appearance and reque…

Section 6.630 Hearing Date and Hearing Officer a) Upon receipt of an appearance and request for hearing, the CPO will set the matter for a hearing within 30 days, and notify the contractor or subcontractor of the place, time and date of the hearing and the designated Hearing Offi…

Section 6.640 Answer The contractor or subcontractor may file a written answer to a notice not later than twenty days prior to the hearing date, but shall not be required to file an answer. The answer may include affirmative defenses. (Source: Amended at 35 Ill. Reg. 16518, effec…

Section 6.650 Form of Documents a) Documents shall clearly show the file hearing number and the title of the proceedings in connection with which they are filed. b) Except as otherwise provided, two copies of all documents shall be filed. c) Documents shall be typewritten or repr…

Section 6.660 Computation of Time a) Computation of any period of time prescribed by this Subpart I begins with the first business day following the day on which the act, event or development initiating such period of time occurs, and runs until the end of the last day, or the ne…

Section 6.670 Appearances a) Any person participating in proceedings may appear as follows: 1) A person may appear in his/her own behalf or by an attorney at law licensed to practice in the State of Illinois, or both. 2) A business, nonprofit, or government organization may appea…

Section 6.680 Hearing Procedures a) The Hearing Officer has the authority to conduct and preside over the hearing, to take all necessary action to avoid delay, to maintain order, to ensure compliance with all notice requirements and to ensure the development of a clear and comple…

Section 6.690 Determination a) Based on the record as a whole and an adequate evidence standard of proof, the CPO will determine the suspension action to be taken. b) In assessing adequate evidence, consideration will be given to how much credible information is available, its re…

Section 6.70 Direct Solicitation Publication of the Bulletin or any subpart will not prohibit direct solicitation in addition to publication in order to enhance competition or interest of prospective contractors in particular procurements. (Source: Amended at 35 Ill. Reg. 16518, …

Section 6.700 Procurement File a) The procurement file will contain all written documentation, forms, and any information generated by the Department or received from a proposer, bidder, or contractor for the procurement. b) The Department's procurement file will not include trad…

Section 6.705 Property Rights Receipt of an Invitation for Bids, Request for Proposals or other procurement document, or submission of any response thereto or other offer confers no right to receive an award or contract, nor does it obligate the State in any manner. All procureme…

Section 6.710 Federal Requirements Procedures applicable to procurements that contemplate the use of federal-aid funds, grants or loans shall be in accordance with requirements established by the federal administration having responsibility therefor, even if in addition to or in …