Current through Register Vol. 48, No. 38, September 20, 2024
a)
Solicitation Response
A solicitation may contain forms that must be returned or may
require compliance in a prescribed format. If a form or format is prescribed,
prospective vendors shall submit as instructed.
1) The date and time paper bids, offers,
responses or submissions are received shall be recorded. The paper bids,
offers, responses or submissions shall be stored in a secure manner (e.g.,
locked filing cabinet, locked desk, or locked room with access to the secure
location limited to known persons) by the person responsible for receiving the
paper bids, offers, responses or submissions.
2) The SPO and State agencies shall maintain
the confidentiality of bids, offers, responses or submissions. No information
within bids, offers, responses or submissions received shall be disclosed to
anyone prior to opening. State employees may confirm receipt of the bid, offer,
response or submission to the bidder, offeror, respondent or vendor.
3) If a paper bid, offer, response or
submission is opened for identification purposes or in error, the procurement
file shall include a signed statement explaining the reason for the mistake or
error, including the name of every person involved. The paper, response or
submission shall be resealed until the time set for the opening of the
solicitation.
b) Late
Bids, Proposals, Responses, Submissions, Quotes, Withdrawals, Modifications,
and Other Documents, Entries or Emails
1) Any
bid, proposal, response or quote (including any modification, withdrawal or
other procurement-related submission) received after the due date and time for
receipt, or at other than the specified location, including eProcurement or the
specified email address if applicable, is late. A submission that is delivered
to the wrong location but that is subsequently delivered to the correct
location by the date and time specified shall be considered. State employees
shall not be responsible for ensuring subsequent delivery of misdelivered
items. State employees shall not be responsible for failed submissions in the
eProcurement system. Delivery at the specified location and time shall be the
sole responsibility of the bidder or offeror.
2) No late procurement-related submission
will be considered unless the SPO, and not a designee, determines it would have
been timely but for the action or inaction of State personnel directly serving
the procurement activity (e.g., providing the wrong address) or a system outage
of the eProcurement system. It is the responsibility of the bidder, offeror,
respondent or vendor to ensure delivery at the time and to the place specified.
Bidders, offerors, respondents or vendors submitting a late bid, proposal,
response or quote will be notified and given the opportunity to retrieve the
submission at their cost. Late submissions not returned to the vendor will be
destroyed after all related procurement activity is complete and the resulting
contract has been executed.
3)
Records shall be made and kept for each late bid, proposal, response, quote,
modification or withdrawal.
4) Any
other submission, document or entry in the Bulletin or by email that relates to
a bid, proposal, response, submission or quote that has a time or date deadline
shall be treated in the same manner as a late bid, proposal, response,
submission or quote.
c)
Extension of Solicitation Due Date
1) The SPO
may, prior to the date or time for submitting or modifying a bid, proposal,
response, submission or quote, extend the date or time for the convenience of
the State.
2) The SPO may, 72 hours
prior to the time for submitting a bid, proposal, or response, allow
modification to the solicitation for the convenience of the State. If notice of
a modification to a solicitation cannot be made at least 72 hours in advance of
the time the response is due, the solicitation shall be cancelled and reissued
or the SPO shall extend the time to respond for a reasonable period of
time.
3) All notices under this
subsection (c) will be provided electronically and posted on the
Bulletin.
d)
Bid/Proposal/Response/Submission Firm Time
1)
Unless otherwise provided in the solicitation, the vendor's
bid/proposal/response/submission must be kept firm for at least 30 days after
the opening date.
2) After opening
bids, proposals, responses or submissions, the SPO may request bidders,
offerors, respondents or vendors to extend the time during which the State
agency may accept the bids, offers, responses or submissions, provided that,
with regard to bids, no other change is permitted. This extension shall not
exceed 180 days after the opening and does not provide an opportunity for
others to submit bids, offers, responses or submissions.
e) Electronic Submissions
1) The solicitation or small purchase request
for quotation may state that electronic submissions will be considered if they
are received at the designated location (e.g., eProcurement system or email) by
the time and date set for receipt. Any required attachments will be submitted
as stated in the solicitation or small purchase request for
quotation.
2) Electronic
submissions authorized by specific language in the solicitation or small
purchase request for quotation will be opened in accordance with State
electronic security measures in effect at the time of opening.
f) Intent to Submit
The solicitation may require that vendors submit, by a
certain time and date, a notice of their intent to submit a bid, offer, or
response for the solicitation. Bids, offers, or responses submitted without
complying with the notice of intent requirement may be rejected.
g) Only One Bid, Proposal,
Response, Quote, or Submission Received
If only one bid, proposal, response, quote, or submission is
received, and if it meets all requirements, the SPO may award to the single
bidder, offeror, respondent, or vendor if the price submitted is fair and
reasonable, and other prospective bidders, offerors, respondents, or vendors
had reasonable opportunity to respond or there is not adequate time for
resolicitation or publication of another request for quote. Otherwise, the SPO
may cancel the solicitation. Publication of the solicitation or request for
quote in the Bulletin creates a presumption that other prospective bidders,
offerors, respondents, or vendors had reasonable opportunity to respond.
h) Alternate or Multiple Bids,
Proposals or Responses
1) Alternate bids,
proposals or responses may be accepted if:
A)
permitted by the solicitation and in accordance with instructions in the
solicitation; or
B) only one vendor
responded, in which case the alternate submission may be evaluated and treated
in accordance with Section
1.2025
(Sole Economically Feasible Source Procurement); or
C) the low bidder, or best qualified offeror,
who has met all requirements of the solicitation has provided a lower cost or
better value alternative that meets all of the material requirements of the
solicitation.
2)
Multiple bids, proposals or responses may be accepted if permitted by the
solicitation and submitted in accordance with instructions in the
solicitation.
i)
Multiple Items
A solicitation may call for pricing of multiple items of
similar or related type. Award shall be as specified in the solicitation based
on an individual line item, a group total of certain items, a core list, a
"market basket" of related items representative of the total requirement, a
grand total of all items, or other grouping method.
j) "All or None" Bids or Proposals
All or none bids or proposals may be accepted if the
evaluation shows an all or none award to be the lowest cost or best value of
those submitted. If the bidder or offeror restricts acceptance of the bid or
offer, or a portion thereof, by such a statement as "all or none", the bidder
or offeror has "qualified" the bid or offer, which may render the bid or offer
non-responsive.
k)
Conditioning Bids or Proposals Upon Other Awards
Any bid or proposal that is conditioned upon receiving award
of the particular contract being solicited and one or more other State
contracts shall be rejected.
l) Unsolicited Bids, Offers or Responses
An award may not be made based on an unsolicited bid, offer,
response or submission in place of the notice and competition requirements of
the Code and this Part, unless otherwise provided in joint and cooperative
purchasing.
m)
Clarification of Bids, Proposals, Responses, Submissions or Quotes
The SPO, or State agency with SPO approval, may request that
a vendor clarify its bid, proposal, response, submission, or quote as a part of
the evaluation process. For example, the vendor may be asked where information
that relates to a mandatory or desired specification may be found in the
vendor's bid, proposal, response, submission or quote. A vendor shall not be
allowed to change its bid, proposal, response, submission or quote in response
to a request for clarification. A clarification is not an opportunity to make
changes or for submission of best and finals offers as authorized elsewhere in
this Part.
n) Assignment,
Novation or Change of Name
1) Assignment. No
State contract is transferable, or otherwise assignable, without the prior
written consent of the CPO-GS or SPO, provided, however, that a vendor may
assign their receivables under a contract after due notice to the State. The
assignee, except in the case of assignment for payment only, must meet all
requirements for contracting with the State. Any purported assignment without
prior written consent shall be null and void.
2) Recognition of a Successor in Interest;
Novation. With the exception of real property leases, when in the best interest
of the State, a successor in interest may be recognized in a novation agreement
in which the transferor and the transferee agree that:
A) the transferee assumes all of the
transferor's obligations;
B) the
transferee meets all requirements for contracting with the State; and
C) the transferor waives all rights under the
contract as against the State; and
D) unless the transferor guarantees
performance of the contract by the transferee, the transferee shall, if
required by the State, furnish a satisfactory performance bond.
3) Real Property Leases Successor
in Interest; Declaration. When in the best interest of the State, a successor
in interest may be recognized in a signed declaration in which the transferee
agrees that:
A) the transferee assumes all of
the transferor's obligations;
B)
the transferee meets all requirements for contracting with the State;
and
C) the transferee will provide
disclosures of ownership interests in the real property in a manner prescribed
by the CPO-GS.
4) Change
of Name. A vendor may submit to the SPO a written request to change the name in
which it holds a contract with the State. The name change shall not alter any
of the terms and conditions of the contract or the obligations of the
vendor.
o) Contracting
for Installment Purchase Payments, Including Interest
Contracts may provide for installment purchase payments,
including interest charges, over a period of time. The interest rate may not
exceed that established by law, including the Bond Authorization Act [30 ILCS
305 ].
p) Incorporation by
Reference
A solicitation may incorporate documents by reference
provided that the solicitation specifies where the documents can be
obtained.
q) Use of Source
Selection Method that is Not Required
If a purchasing agency uses a method of source selection that
it is not, by law, required to use (e.g., use of a competitive sealed bid for a
small purchase or a sole source for a small purchase with sole source
conditions), the purchasing agency is bound to compliance with the Code and
this Part governing the method of source selection used.
r) Vendor Signature
A bid or proposal submitted unsigned will be evaluated if the
vendor submits a written signature acceptable to the SPO within the time
specified by the SPO.
s)
Stringing
1) Stringing of procurements is
prohibited.
2) "Stringing"
includes:
A) Dividing or planning
procurements, including treatment of different facilities of the State agency
as having separate procurements for the same need, with the intent to avoid use
of competitive procedures.
B)
Dividing the procurement of supplies or services that comprise a system,
project, or other foreseeable need with the intent to avoid competitive
procurement requirements.
3) Periodic purchases of similar supplies
from several different vendors to maintain inventory is not stringing unless
the purchases are planned to avoid the use of competitive procedures.
t) Confidential Data
A vendor must clearly identify, by page and paragraph, any
information submitted to the State claimed to be exempt from the disclosure
requirement of the Illinois Freedom of Information Act [5 ILCS 140 ] (FOIA),
including information the vendor claims is a trade secret or other
competitively sensitive, confidential or propriety information belonging to the
vendor.
1) The vendor must identify
the basis of the claim of confidentiality or exemption from FOIA and show how
that basis applies to the request for confidentiality or exemption. Information
submitted without a claim of confidentiality or exemption from FOIA may be
disclosed to the public without notice or permission.
2) A State agency in receipt of a FOIA
request shall attempt to provide reasonable notice and opportunity to a vendor
claiming an exemption under FOIA or claiming the information should not be
provided due to trade secret or competitively sensitive, confidential or
proprietary information to object prior to disclosure of any
material.
3) Information submitted
with a claim of confidentiality or exemption from FOIA may still be disclosed
to the public if determined by a court or the Public Access Counselor for the
Illinois Attorney General that the claim of confidentiality or exemption from
FOIA does not meet the requirements for withholding the information under
FOIA.
u) Notice of
Subcontractor
1)
Any contract entered
into under this Part shall state whether the services of a
subcontractor will be used. The contract shall include the names and addresses
of all known subcontractors with subcontracts with an annual value of more than
$50,000, the general type of work to be performed by each subcontractor, and
the expected amount of money each will receive under the contract.
[30 ILCS
500/20-120(a)]
2) If, at any time during the term of the
contract, a contractor desires to add or change any subcontractors with
subcontracts with an annual value of more than $50,000, the contractor shall
promptly notify the State agency, in writing, of the names and addresses of the
proposed subcontractors, the general type of work to be performed by the
proposed subcontractor, and the expected amount of money each new or replaced
subcontractor will receive under the contract.
3) No contractor shall change a subcontractor
listed in the original bid or proposal, except for documented good cause and
with the consent of the SPO.
A) Good cause may
include, but is not limited to:
i) failure of
the subcontractor to execute a written contract after a reasonable period of
time after the written contract is presented to the subcontractor by the
contractor;
ii) bankruptcy of the
subcontractor;
iii) death or
disability of the subcontractor, if the subcontractor is an
individual;
iv) dissolution of the
subcontractor, if the subcontractor is a corporation or partnership;
v) failure of the subcontractor to meet bond
requirements as specified in the solicitation;
vi) subcontractor becomes ineligible to
perform on the subcontract because the subcontractor is suspended, debarred or
otherwise ineligible to perform;
vii) a series of failures by the
subcontractor to perform in accordance with the specifications, terms and
conditions of its subcontract;
viii) failure of the subcontractor to comply
with a requirement of law applicable to the subcontractor; or
ix) failure or refusal of the subcontractor
to perform the subcontract.
B) A request of a contractor for a
substitution of a listed subcontractor shall be submitted in writing to the
State agency and SPO and shall include the reasons for the request. Approval of
the SPO for a subcontractor substitution shall be made in writing and be
included in the procurement file.
C) Failure of a contractor to comply with
this Section may result in cancellation of its contract or be considered
grounds for suspension.
v) Pre-Solicitation Assistance
1)
For purposes of this subsection
(v), "business" includes all individuals with whom a business is affiliated,
including, but not limited to, any officer, agent, employee, consultant,
independent contractor, director, partner, manager or shareholder of a
business. [30 ILCS
500/50-10.5(e)]
2) Prohibited Bidders. Except as provided in
subsection (v)(5), Section 50-10.5(e) of the Code prohibits any person or
business from bidding or entering into a contract if the person or
business assisted an employee of the State of Illinois, who, by the nature of
his or her duties, has the authority to participate personally and
substantially in the decision to award a State contract by reviewing, drafting,
directing, or preparing any invitation for bids, request for proposal or
request for information or provided similar assistance except as part of a
publicly issued opportunity to review drafts of all or part of these
documents. [30 ILCS
500/50-10.5(e)]
3) Non-Prohibited Acts. This Section does not
prohibit a person or business from submitting a bid or proposal or entering
into a contract if the person or business:
A)
Initiated a communication with an employee of the State to provide general
information about industry trends and innovations, products, services or
industry best practices.
B)
Responded to a communication initiated by an employee of the State for the
purposes of providing information to evaluate new products, services or
technologies.
C) Received or
possessed written material obtained from a State employee from public sources,
such as through an internet search, or literature packets obtained in
conjunction with an event such as a trade show.
D) Provided, at the request of the State,
general marketing material or makes a general sales presentation to show the
person's qualifications or product capabilities. Material may be personalized
for the procuring agency provided any personalization is obtained from publicly
available sources.
E) Provided
technology supplies or services demonstrated to the State that represent
industry trends and innovation and is not specifically tailored to meet the
State's needs.
4)
Prohibited Acts
A) Specifications. A person or
business may not submit specifications to a State agency unless requested to by
a State employee. With the exception of standard specifications that a vendor
makes available to any potential purchaser, a State purchasing officer or
person designated by the SPO must approve a State employee's request for
specifications for a particular transaction.
B) Assistance to State Employees. A person or
business is prohibited from bidding on a solicitation and from having a
contract or subcontract if the person or business assisted an employee of the
State agency who, by the nature of his or her duties, has the authority to
participate personally and substantially in the decision to award a State
contract. Assistance to a State employee may include any of the following:
i) Draft (writes or assists the State with
writing all or part of the procurement document);
ii) Review (reads the document or comments on
the procurement document or signified approval or disapproval);
iii) Direct (any activity relating to giving
instructions or commands or in supervising or overseeing the preparation of the
procurement document);
iv) Prepare
(any activity relating to organizing or distributing the documents, including
through the Bulletin); or
v)
Provides similar assistance, e.g., conducting research or providing any advice
used in drafting, reviewing, directing or preparing procurement
documents.
C) A person
(and its affiliated or related entities) that contracts with a State agency to
write specifications for a particular procurement may not submit a bid or
proposal or receive a contract or subcontract for that procurement.
5) Exceptions. Any person or
business who responds to an advertised request for information or other
publicly available opportunity to provide information related to the
procurement need or to review drafts of all or part of proposed procurement
documents shall not be disqualified by virtue of responding to the State's
publicly advertised request.
w) Pre-Submission Conference
A pre-submission conference may be conducted to enhance
potential vendors' understanding of the procurement requirements. The
pre-submission conference shall be announced as part of the solicitation
notice. The conference may be designated as "attendance mandatory" or
"attendance optional". If there is a reason to limit who may attend the
mandatory pre-submission conference, the reason shall be clearly explained in
the Pre-submission Conference section of the solicitation document. The
pre-submission conference shall be held long enough after the solicitation has
been issued to allow potential vendors to become familiar with it, and
sufficiently before solicitation opening to allow consideration by vendors of
pre-submission conference results in preparing their responses. Supporting
documentation of the pre-submission conference shall be supplied to all
prospective vendors known to have received a solicitation by posting the
information on the Bulletin. Nothing stated at the pre-submission conference
shall change the solicitation unless a change is made by written modification
to the solicitation. Information conveyed in pre-submission conferences is not
reportable under Section 50-39 of the Code, but any amendments resulting from
the conference shall be supplied to all those prospective vendors through
posting on the Bulletin.
x)
Federally Funded Purchases
For purchases funded in whole or in part by United States
Government funds, the solicitation will identify the federal statutes and
regulations with which the vendor must comply.
y) Evaluation Team. Evaluation team members
shall be determined by the State agency, tailored to the particular
solicitation, and include, as appropriate, technical or other personnel with
expertise to ensure a comprehensive evaluation of offers. Evaluation team
members must not have any conflicts of interest or apparent conflicts of
interest and must commit to the time to complete all evaluations and attend any
necessary evaluation meetings. The State agency's selection of the evaluation
team members must be approved by the SPO, taking into consideration any
conflicts of interest or apparent conflicts of interest. The evaluation team
members may be removed by the SPO for good cause, such as failure to comply
with instructions or directions of the SPO or to ensure the integrity of the
procurement. The SPO shall state in writing his or her reasons for removing a
team member.
z) The procurement
file shall include the contract file required by the Code.
