Current through Register Vol. 48, No. 38, September 20, 2024
a) Late
Bids, Proposals, Responses, Withdrawals and Modifications
1) Definition. Any bid, proposal or response
received after the time, date and place set for receipt is late. Any withdrawal
or modification of a bid, proposal or response received after the time and date
set for opening of bids, proposals or responses at the place designated for
opening is late.
2) Treatment. No
late bid, proposal or response, modification or withdrawal will be considered
unless it is received before contract award, and the bid, proposal, response,
modification or withdrawal would have been timely but for the action or
inaction of Treasurer's office personnel.
3) Records. Records must be made and kept for
each late bid proposal, response, modification, or withdrawal.
4) Any other submission that has a time or
date deadline must be treated in the same manner as a late bid, proposal or
response.
b) Extension
of Time
1) The Chief Procurement Officer may
extend the date or time for submitting a bid, proposal, response, modification
or withdrawal prior to the opening of bids, proposals, responses, modifications
or withdrawals for the convenience of the Treasurer's office.
2) After opening bids, proposals, or
responses the Chief Procurement Officer may request that the offerors extend
the time during which the State may accept their bids, proposals or responses
if, with regard to bids, no other change is permitted. The reasons for
requesting the extension must be documented.
c) Electronic Submissions
1) The Invitation for Bids, Request for
Proposals, or Request for Information may state that electronic submissions
will be considered if they are received at the designated office by the time
and date set for receipt. Any required attachments will be submitted as stated
in the Invitation for Bids, Request for Proposals or Request for
Information.
2) Electronic
submissions will be opened in accordance with electronic security measures in
effect at the time of opening. Unless the electronic submission procedures
provide for a secure receipt, the vendors assume the risk of premature
disclosure due to submission in unsealed form.
d) Intent to Submit
The Invitation for Bids, Request for Proposals or Request for
Information may require that vendors submit, by a certain time and date, a
notice of their intent to submit a bid, proposal or response. Bids, proposals
and responses submitted without complying with the notice of intent requirement
will be rejected.
e) Only
One Bid, Proposal or Response Received
If only one responsive bid, proposal or response is received,
an award may be made to the single offeror if the Chief Procurement Officer
finds that the proposal and price submitted is fair and reasonable, and that
either other prospective offerors had a reasonable opportunity to respond or
there is not adequate time for resolicitation. Otherwise:
1) new bids, proposals or responses may be
solicited;
2) the procurement may
be cancelled; or
3) if the Chief
Procurement Officer determines in writing that the need for the supply or
service continues, but that, after attempting to negotiate a better price, the
one offer is not fair and reasonable and there is no time for resolicitation,
the vendor is not responsible, or resolicitation would likely be futile, the
procurement may be conducted with any vendor as a sole source procurement under
Section 1400.2025 or as an emergency
procurement under Section
1400.2030, as
appropriate.
f)
Unsolicited Offers
1) Defined. An unsolicited
offer is any offer other than one submitted in response to a
solicitation.
2) Conditions for
Consideration. An unsolicited offer must be in writing and must be sufficiently
detailed to allow a judgment to be made concerning the potential utility of the
offer to the State.
3) Evaluation.
The unsolicited offer will be evaluated to determine its utility to the State
and whether it would be to the State's advantage to enter into a contract based
on the offer. An unsolicited offer that meets the requirements of subsection
(f)(2) may be considered for award if the procurement also meets the
requirements of Section
1400.2020 for small purchases or
Section 1400.2025 for sole source
procurements, in which case those procedures must be followed as
applicable.
4) Confidentiality. Any
request for confidentiality of data contained in an unsolicited offer must be
made in writing. If an award is made, confidentiality of data must be agreed
upon by the parties and governed by the provisions of the contract. If
agreement cannot be reached on confidentiality, the Chief Procurement Officer
shall reject the unsolicited offer.
g) Clarification of Bids, Proposals and
Responses
The Chief Procurement Officer may request that a vendor
clarify its bid, proposal or response as a part of the evaluation process. A
vendor is not allowed to change its bid, proposal or response in response to a
request for clarification without the written approval of the Chief Procurement
Officer.
h) Extension of
Time on Indefinite Quantity Contracts
The time of performance of an indefinite quantity contract
may be extended upon agreement of the parties, provided the extension is for 90
days or less and the Chief Procurement Officer determines in writing that it is
not practicable to award another contract at the time of the extension.
i) Increase in Quantity on
Definite Quantity Contracts
The quantity that may be ordered from a definite quantity
contract may be increased by up to 20% provided the Chief Procurement Officer
determines that separate procurement of the additional quantity is not likely
to achieve lower pricing. The quantity may be increased by any percentage
provided the dollar value of the increase does not exceed the small purchase
threshold applicable to the type of good or service.
j) Novation or Change of Name
1) Assignment. No State contract is
transferable, or otherwise assignable, without the written consent of the Chief
Procurement Officer, but a vendor may assign monies receivable under a contract
after due notice to the State. Assignment may require the execution of a
contract with the assignee that meets all requirements for contracting with the
State.
2) Recognition of a
Successor in Interest; Novation. 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 must agree that:
A) the transferee assumes all of the
transferor's obligations;
B) the
transferee meets all requirements for contracting with the State;
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) Change of Name. When a vendor
requests to change the name in which it holds a contract with the State, the
Chief Procurement Officer shall, upon receipt of a document indicating the
change of name, enter into an agreement with the requesting vendor to effect
the change of name. The agreement changing the name must specifically indicate
that no other terms and conditions of the contract are changed.
k) 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 shall not
exceed that established by law.
l) Information Exempt from Disclosure under
FOIA
1) Vendors must clearly identify in
writing any information submitted to the Treasurer's office claimed to be
exempt from the disclosure requirement of the Illinois Freedom of Information
Act (FOIA) [5 ILCS 140 ] and must identify
the basis of the claimed exemption and show how that basis applies to the
request for exemption. Information submitted without a claim of exemption may
be disclosed to the public without notice or permission. Information submitted
with a claimed exemption may still be disclosed to the public if determined by
the Treasurer's office, or other appropriate party, that the claimed exemption
does not meet the requirements for withholding the information under FOIA. The
Treasurer's office may, in its discretion, attempt to provide to the vendor
reasonable notice and opportunity to object prior to disclosure of any material
claimed by the vendor to be exempt from FOIA.
2) The CPO may request that bidders, offerors
and other respondents provide an additional copy of their bid, offer or
response that omits or redacts information claimed to be exempt under FOIA.
This copy may be used to respond to FOIA requests for a copy of the respective
bid, offer or response.
3) To the
extent that these public records are exempt under Section 7 of FOIA, and only
until an award or final selection is made, proposals and bids for any
contract, grant, or agreement, including information which if it were disclosed
would frustrate procurement or give an advantage to any person proposing to
enter into a contractor agreement with the Treasurer along with
information prepared by or for the Treasurer in
preparation of a bid solicitation shall be available only to persons
necessary to the procurement process. [5 ILCS
140/7(h)] Subsequent to an award or
final selection such public records shall be made available for inspection or
copying upon request to the extent required by FOIA.
m) Bidder or Offeror Authorized to Transact
Business or Conduct Affairs or Do Business in Illinois
In addition to meeting any other requirement of law or rule,
a person (other than an individual acting as a sole proprietor) may qualify as
a bidder or offeror under this Part only if the person is a legal entity prior
to submitting the bid, offer, or proposal. The legal entity must be authorized
to transact business or conduct affairs in Illinois prior to execution of the
contract.
