Illinois Administrative Code

Section 6.750 Severability If any provision or application of this Part is held invalid, such invalidity shall not affect other provisions or applications of this Part that can be given effect without such invalid provision or application. SUBPART K: PREFERENCES

Section 6.80 Competitive Sealed Bids Except for those circumstances and methods described in Sections 6.90, 6.100, 6.110, 6.120, and 6.122, all Department contracts will be procured by competitive sealed bidding in accordance with Section 20-10 of the Code and this Part. (See Sec…

Section 6.801 Small Business Set-Asides a) The CPO, in consultation with the Department, may determine categories of construction, supply, and service procurements that will be set aside for small businesses. The set-aside designation may be made for current and future procuremen…

Section 6.803 Disadvantaged Business Enterprise Program a) In accordance with 49 CFR 26, the Department must implement a DBE program, approved by the U.S. Department of Transportation, to remove barriers to the participation of DBEs in DOT-assisted contracts, as well as other sim…

Section 6.805 Veterans a) It is the goal of the State to promote and encourage the continued economic development of small businesses owned and controlled by qualified veterans and that qualified service-disabled veteran-owned small businesses and veteran-owned small businesses p…

Section 6.90 Competitive Sealed Proposals a) Department contracts may be procured by competitive sealed proposals when the Department determines that competitive sealed bidding is either not practicable or not advantageous to the State. (See Section 20-15(a) of the Code.) b) The …

Section 6.900 Purpose and Objective a) Purpose The purpose of this Part is to establish policies and procedures to allow the Department to fulfill its obligations to enter into public private agreements between the State of Illinois and one or more private entities for any or all…

Section 6.905 Definitions As used throughout this Subpart, terms defined in the Illinois Procurement Code and the Act have the same meaning as in the Code or the Act and as further defined in this Subpart. Each term in this Subpart has the meaning set forth as follows unless its …

Section 6.910 General Conditions for Use The procedures set forth in this Subpart L will be used for Illiana Expressway public private agreements procured by the Department through a competitive request for proposals process. (See Section 20(a) of the Act.) (Source: Added at 37 I…

Section 6.915 Prequalification and Qualifications Due to the unique nature of this two-step procurement process, the Department may use its existing prequalification procedures as a supplement to the qualifications procedures in the Act (see Sections 17 and 20 of the Act), includ…

Section 6.920 Information Exchanges When initiated by the Department, the Department, with the approval of the CPO and in accordance with the Code, may have exchanges with industry prior to the receipt of proposals in order to obtain information. a) Exchanges include, but are not…

Section 6.925 Competitive Request for Proposals Process a) The competitive request for proposals process will, at a minimum, solicit statements of qualifications and proposals from offerors (Section 20(b) of the Act) as part of a two-phase selection process and solicited through …

Section 6.930 Organizational Conflict of Interest Requirements a) All conflict provisions contained in the Code will be included in the RFQ or RFP documents, including, but not limited to, Section 50-35 of the Code addressing financial disclosures and potential conflicts of inter…

Section 6.935 Proposal Evaluation a) Proposals will be evaluated and any award will be made in accordance with applicable federal requirements for the competitive RFP process described in this Subpart L. (See 23 CFR 636.) b) Proposals will be evaluated solely on the factors and c…

Section 6.940 Discussions with Offerors In accordance with provisions of the RFP, the Department may meet with each offeror for the purpose of discussing the RFP or proposal in detail. The offerors will be notified of any questions or requests for additional information. The offe…

Section 6.945 Clarifications After the initial evaluation, the results for all proposals will be gathered, evaluated and ranked for each of the evaluation criteria. If information is not complete, the Department will either seek clarifications or declare the proposal nonresponsiv…

Section 6.950 Selection and Negotiations a) The Department may use a selection process that results in the selection of one or more proposals including, but not limited to, best value to the public (see Section 6.905, "Best Value Selection") or revenue sharing, or any other selec…

Section 6.955 Interim Agreements Prior to or in connection with the negotiation of the public private agreement, the Department may enter into one or more interim agreements with the selected offeror or other vendors if the Department determines in writing that it is in the publi…

Section 6.960 Award a) Before awarding a public private agreement to an offeror, the Department will schedule and hold a public hearing or hearings on the proposed public private agreement and publish notice of the hearing or hearings at least 7 days before the hearing and in acc…

Section 6.965 Execution of Contract and Notice to Proceed The Department will publish a notice of the execution of the public private agreement and the Notice to Proceed on its website at http://www.dot.il.gov and in the newspaper of general circulation within the county or count…

Section 6.970 Subsequent Contracts a) The Department may, pursuant to the Code and this Part, award contracts for goods, services, or equipment to persons other than the contractor for goods, services, or equipment not provided for in the public private agreement. (Section 50 of …

Section 6.975 Disclosure of Proposal Contents In accordance with the Code and the Freedom of Information Act [5 ILCS 140] and prior to execution of the public private agreement, all records relating to discussions or negotiations between the Department and short listed offerors w…

Section 8.1 Short Title This Part may be cited by its official name or as CPO-CDB Procurement Rules.

Section 8.1005 Procurement Authority a) The Chief Procurement Officers appointed by the Executive Ethics Commission will exercise the procurement authority created by the Code for the benefit of the State of Illinois and the State agencies under the jurisdiction of each CPO. b) T…

Section 8.1040 Central Procurement Authority of the CPO a) Procurement Requests CDB must initiate the procurement process through submission of a procurement request to the CPO. The CPO shall designate the format and requirements for submission. Should a PCM request review of a c…

Section 8.1050 Delegation a) The CPO may delegate to any SPO or, in consultation with the CDB Executive Director, to CDB authority, to conduct certain named activities or functions. b) Delegations of authority to designees shall be in writing and shall specify: 1) the activity or…

Section 8.15 Definition of Terms Used in This Part Terms used in this Part shall have the meanings given to them in the Code and this Section unless a term's use in a particular context clearly requires a different meaning. A term may be defined in a particular Section for use in…

Section 8.1501 Illinois Procurement Bulletin a) The Illinois Procurement Bulletin consists of four volumes, one for each of the Chief Procurement Officers designated in the Code. Each volume will contain information relating to procurements under the authority of the appropriate …

Section 8.1525 Bulletin Content a) The Bulletin will contain all content required by the Code. The Bulletin may include reference information of general interest (e.g., how to access the other volumes of the Bulletin, notice of new legislation, announcements and determinations) a…

Section 8.1535 Vendor Portal a) In consultation with the PPB and State agencies, the CPO may operate a vendor portal, use another CPO's vendor portal, or jointly operate a vendor portal with other Chief Procurement Officers if a single portal better serves the needs of State agen…

Section 8.1560 Alternate and Supplemental Notice a) If the electronic Bulletin cannot be published, the CPO may publish notices in one of the other CPO's Procurement Bulletin on an interim basis. If no electronic version of the Bulletin can be published, the CPO may designate its…

Section 8.1570 Error in Notice When a required publication contains an error, the error may be corrected by a single notice published in the Bulletin and elsewhere in the same manner as the original notice within 30 days after the time the error is known. A correction that result…

Section 8.1580 Direct Solicitation In addition to giving notice in the Bulletin, a Procurement Officer CDB, the A/E or the user agency may directly contact prospective vendors. Direct solicitation may be oral or in writing, but all vendors shall receive the same information as pr…

Section 8.1585 Notice Time Each solicitation shall be published in the Bulletin at least 14 days prior to the date set for opening, unless a shorter time is authorized by the Code or this Part.

Section 8.1595 Availability of Solicitation Document The content of a solicitation shall not be distributed to vendors or otherwise to the public prior to the date the solicitation is first published in the Bulletin. SUBPART E: SOURCE SELECTION AND CONTRACT FORMATION

Section 8.20 Referenced Materials The following State statutes are referenced in this Part: a) Illinois Procurement Code [30 ILCS 500]; b) The Design-Build Procurement Act [30 ILCS 537]; c) Architectural, Engineering, and Land Surveying Qualification Based Selection Act [30 ILCS …

Section 8.2005 General Provisions a) Solicitation. A solicitation will contain forms that must be returned or may require completion in a prescribed format. If a form or format is prescribed, prospective vendors shall submit those forms as instructed. b) Late Bids or Proposals, L…

Section 8.2010 Competitive Sealed Bidding a) Application. Except as provided, unless an exception authorized by the Code and this Part exists, CDB contracts for construction projects shall be procured by competitive sealed bidding in accordance with Section 20-10 of the Code and …

Section 8.2020 Small Purchase Limits a) Small Purchase Limits 1) As authorized by law and under the jurisdiction of the CPO-CDB, individual contracts for construction, construction-related services, construction-related professional services, and construction management supplies …

Section 8.2025 Sole Economically Feasible Source Procurement a) Application. The provisions of this Part apply to procurement from a sole economically feasible source (referred to as "sole source") unless the estimated amount of the procurement is within the limit authorized in S…

Section 8.2030 Emergency Procurements a) Authority to Make Emergency Procurements. The provisions of this Section apply to every procurement over the small purchase limit set in Section 8.2020 made under emergency conditions. The CPO shall have the authority to make emergency pro…

Section 8.2036 Other Methods of Source Selection a) Single-Prime. In accordance with Section 30-30 of the Code and subject to prior approval of the Procurement Policy Board, CDB may, on certain projects, retain one contractor to provide all subdivisions of the work necessary to c…

Section 8.2037 Tie Bids and Proposals a) Tie bids or proposals are those from responsive and responsible vendors that are, in the case of bids, identical in price, and, in the case of proposals, identical in rank after evaluation. b) Tie bids or proposals will be resolved as foll…

Section 8.2038 Modification or Withdrawal of Bids or Proposals a) Modification or Withdrawal A bidder or offeror may withdraw or modify a bid or proposal if notice of the withdrawal or modification is received by the bid officer before the latest time specified for receipt of bid…

Section 8.2039 Mistakes a) General. Corrections to bids, proposals or other procurement processes are allowed, but only to the extent not contrary to the best interest of the State or the fair treatment of the other bidders or offerors. b) Mistakes Discovered Before Opening. A ve…

Section 8.2040 Cancellation of Solicitations; Rejection of Bids or Proposals a) Policy. Any solicitation may be canceled before or after opening when the SPO believes cancellation to be in the State's best interest. An SPO may request from CDB any information necessary to assist …

Section 8.2045 Vendor Prequalification and Responsibility Prequalification constitutes a preliminary determination of responsibility requisite for a vendor to be eligible to bid or submit proposals. Prequalification is not a binding final determination of a vendor's responsibilit…