Current through Register Vol. 48, No. 12, March 22, 2024
Notice of the results of any of the following methods must be
published in the Bulletin in the form and format specified by the
CPO-HE.
a) Split Award
An award of a definite quantity requirement may be split
between bidders or offerors if necessary to obtain the total quantity needed.
Each portion shall be for a definite quantity and the sum of the portions shall
be the total definite quantity required.
b) Multiple Award
An award may be made to two or more vendors for similar
supplies or services when there is a need that cannot reasonably be met by a
single award as determined by the university and SPO.
1) Supplies and services may be solicited
with the intent to make multiple awards. The solicitation must state this
intent and describe the type of multiple award in detail and the methodology
for determining which vendor from among the multiple awardees will receive an
as-needed individual order.
2)
Types of Multiple Awards
A) Progressive
(Primary with Alternates)
A multiple award may be made to a primary and one or more
alternate vendors when there is a need for multiple vendors to ensure immediate
performance. The primary vendor shall have first refusal for all orders with
others contacted in progressive order. Ranking of the alternates shall be by
price or value depending on the methodology (IFB or RFP) used in the
solicitation. Selection to meet the particular need shall be by low price or
best value as appropriate to the underlying solicitation. If appropriate and
within legal requirements, an alternate progressive award for the same items
may be made to promote statutory preferences, goals, policies and programs
(e.g., small business set-aside).
B) Pre-qualified Pool of Vendors
i) When it may be more efficient or more
appropriate based on the nature of the item to establish a pool of qualified
vendors and then select from among that pool as needs arise, the university may
use an RFP to identify vendors who meet the criteria for the pre-qualified
pool. The university may select the pool from among the vendors ranked most
qualified, but the number in the pool shall be the minimum necessary to meet
the need, and generally not exceed 10. Once selected, these vendors shall be
considered of equal rank. If appropriate and within legal requirements, an
alternate pool for the same item may be established to promote statutory
preferences, goals, policies and programs (e.g., Business Enterprise for
Minorities, Women, and Persons with Disabilities (BEP) Act, Veterans Business
Program (VBP), and small business set-aside).
ii) When there is a specific need, each pool
vendor will be contacted directly in writing and asked to submit a price,
timeline for completion and any other information necessary to address the need
by a specified date. The vendor submitting the response that meets stated needs
and is the lowest price or that provides the best value will have the award.
The method of selection shall be identified in the request for
quotation.
iii) If it is not
practicable for the university to discuss the particular need with each pool
vendor, the university may, with SPO approval, select the two most qualified,
based on the initial selection of the pool, to discuss the particular need. The
university must detail the reasons for the selection and obtain SPO approval.
Documentation to the procurement file must contain the reason why pre-selection
discussions with all pool vendors were not practicable.
3) Exception for Conflict or
Capacity
If there is a known conflict of interest or the vendor
otherwise eligible for the order is not available to perform, the next low or
next best value vendor shall be offered the order.
4) Type of Contract
Multiple award contracts shall be considered master ordering
agreements. Supplies or services ordered under these contracts shall be
documented on the order that refers to that agreement. A multiple award
contract is not a requirements contract and does not guarantee any level of
ordering activity by the university.
5) If a particular quantity requirement
arises that exceeds the university's normal requirement or a quantity or amount
specified in the contract, a separate solicitation may be issued.
6) Despite the existence of a multiple award,
the need may be met by a separate single award solicitation.
c) Term and Condition Contracts
1) A term and condition contract contains
agreed contractual terms and conditions established for the convenience of the
parties to be used in conjunction with a subsequent procurement and processed
in accordance with the requirements of the Code and this Part. A term and
condition contract is not a procurement. It creates no obligation on the part
of the university to procure from the vendor, nor does it create an
authorization for a university to order based on that term and condition
contract, except as provided by subsection (c)(2).
2) Orders may be placed against term and
condition contracts without use of any method of source selection specified in
the Code for convenience of processing sole source, emergency or small
procurements.
d) Auction
Purchases may be made at auction in accordance with the
procedural requirements applicable to the particular auction. Prior notice and
competition is not required and the amount payable shall be the amount bid and
accepted plus any required buyer's premium.
e) Federal Requirements
The SPO for any university receiving federal aid funds,
grants or loans or otherwise subject to federal entity requirements may conduct
procurements in accordance with federal requirements that are necessary to
receive or maintain those federal aid funds, grants or loans or to remain in
compliance with federal requirements, except as provided in Section 1-13 of the
Code.
f) Foreign Country
Procurement
Procurements to meet the needs of university
offices located in, or university programs operated in,
foreign countries shall comply with the provisions of the Code to the
extent practical. [
30 ILCS
500/20-90 ] Procurements conducted solely in a foreign
country to meet the needs of a university office or program located in that
country are delegated to the university. The university shall provide a summary
of the procurement or a copy of the procurement file to the SPO upon
request.
g) Donations
1) When a procurement will have the majority
of funding from a donation, the terms of which require use of a named vendor or
the procurement of a particular good or service, the SPO shall comply with
those requirements, but shall otherwise follow the Code and this
Part.
2) Donations may be
acknowledged by the donee university in a manner appropriate to the type of
donation and the program activity associated with the donation. Acknowledgment
may include, but need not be limited to, public announcement at the event or in
donee university publications, and inviting the donor to attend the program
activity associated with the donation.
h) Broker Method for Obtaining Certain
Insurance Coverages
1) Notwithstanding
anything to the contrary in this Part, the CPO-HE, but not a designee, may, on
a case-by-case basis, authorize the use of this broker method to obtain
insurance coverages when use of the methods of source selection set forth in
Article 20 of the Code is not practicable or advantageous because, for example:
A) Due to the structure of the insurance
industry, the types of insurance coverages needed cannot reasonably be obtained
from "direct writers" who would provide quotes directly to university in a bid
or RFP process; or
B) The process
of obtaining quotes for needed insurance coverages cannot be accomplished
within the normal procurement timeframes.
2) If the CPO-HE determines that this broker
method is preferable for designated coverages, a two-part procurement process
will be used to obtain the coverages.
A) A
broker will be selected in accordance with the RFP process authorized by
Section 20-15 of the Code, and the resulting contract will be subject to all
requirements of the Code. The broker contract will be issued for a term of
years, and during the term of the contract the broker will assist the
university in obtaining coverages as set forth in subsection (i)(2)(B) of this
Section as well as providing customary services such as issuing certificates of
insurance and servicing policies.
B) The broker will assist the university by
serving as broker of record in obtaining insurance coverages through the
industry process of going to market to obtain quotes. The university will use
an evaluation team to test the market for competitiveness, review the quotes,
and select the insurers and products best fitting its needs. The solicitation,
evaluation and selection process will be documented in writing and become a
part of the public procurement file. The insurance coverages obtained, the term
of coverage, and the premiums charged will be posted on the Bulletin as
attachments to the broker award notice.
i) Job Order Contracting
1) Definition - A Job Order Contract is a
competitively bid, indefinite quantity contract intended for new construction,
renovation and repairs with pre-established unit prices in which a university
provides a definition of the work scope and a vendor selected from a list of
qualified vendors furnishes all management, documentation, design and
incidental drawings, labor, materials, supplies, parts, transportation,
equipment and supervision needed to perform the work as required. Ordering is
accomplished by means of issuance of a Work Order against the Job Order
Contract.
2) Conditions of Use -
The Chief Procurement Officer may authorize the use of a Job Order Contract
upon a determination in writing that such use is necessary for adequate
delivery, service or product compatibility, and that the methods of source
selection set forth in Article 20 of the Code is either not practicable or
advantageous because, for example, the program needs of a university cannot
reasonably be met within the normal procurement timeframes, or that the type
and variety of needs are such that a single award will not assure the needed
availability or diversity of vendors.
3) Procedure - A Job Order Contract shall be
initiated by the issuance of an Invitation for Bids in the form required by
Section
4.2010
(Competitive Sealed Bidding), except as otherwise provided in this subsection
(j)(3). In addition to the requirements set forth in Article 30 of the Code and
Section 4.2010, the Job Order Contract Invitation for Bid shall include:
A) A detailed description of the scope of the
Job Order Contract, including performance, technical requirements and
specifications, and minimum and maximum work order amounts;
B) the reasons for using a Job Order
Contract;
C) a description of the
process that will be used to evaluate qualifications and proposals, including a
method for determining each Vendor's Price Adjustment Factors utilizing the
published Construction Task Catalog® and
Technical Specifications documents; and
D) that the SPO may conduct oral or written
discussions of the offers.
4) Award - Those vendors meeting minimum
qualifications shall be offered non-exclusive indefinite quantity contracts
against which a university may later place one or more work orders on an as
needed basis in accordance with the allocation of work procedure set forth in
subsection (j)(5).
5) Allocation of
Work - Work Orders shall be allocated among qualifying vendors on an as needed
basis. Once a need is identified, the university shall allocate work for that
project using Job Order Contracting from the list of qualified vendors. The
university shall select the vendor that best addresses its needs for the
project based on the work order allocation method specified in the IFB, which
shall include such factors as price, capacity, past performance, geographic
location, experience and knowledge. If the low price vendor is not selected,
the university shall justify the alternative selection and submit the order to
the SPO for approval. The SPO or PCM will periodically review any allocation of
Work Orders and report to the CPO-HE with a recommendation for future
action.
6) It shall be the
affirmative obligation of each vendor with a Job Order Contract to update
information provided to the contracting university regarding its continued
ability to provide the contracted service. Job Order Contracts may provide that
vendors who cannot perform the required services when contacted and who have
not provided the updated information may be taken out of consideration for Work
Orders for a period of time, including until the next
prequalification.