Current through Register Vol. 48, No. 38, September 20, 2024
a)
Responsibilities Regarding Specifications
The university shall write the necessary specifications,
including the statement of work, subject to the SPO's review and approval. Any
dispute with the SPO regarding the statement of work or scope of specifications
can be escalated to the CPO-HE.
b) Procedures for the Development of
Specifications
1) Specifications shall
accurately reflect the university's needs. Specifications shall clearly and
precisely describe the salient technical or performance requirements without
being unduly restrictive or having the effect of requiring a proprietary supply
or service, or procurement from a sole source, unless no other manner of
description will suffice.
2) Any
specifications or standards adopted by business, industry, not-for-profit
organization, or governmental unit may be incorporated by reference.
3) A specification may provide alternate
descriptions when two or more design, functional, performance or other criteria
will satisfactorily meet the university's requirements.
4) Article 45 of the Code shall be considered
and applied when required or appropriate, including language on reducing
barriers to participation by small and diverse vendors.
5)
A solicitation or specification
for a contract, or a contract, may not require, stipulate, suggest or encourage
a monetary or other financial contribution or donation, cash bonus or
incentive, economic investment, or other prohibited conduct as an explicit or
implied term or condition for awarding or completing the contract. [
30 ILCS 500/20-50
]
6)
As used in this
Section, "prohibited conduct" includes requested payments or other
consideration by a third party to the university or State agency that is not
part of the solicitation or that is unrelated to the subject matter or purpose
of the solicitation. "Prohibited conduct" does not include a payment from the
vendor that is supported by additional consideration (such as exclusive rights
to sell items or rights to advertise), other than the consideration of the
State's awarding a contract to purchase goods and services. [
30 ILCS 500/20-50
]
7) The solicitation shall
identify what specifications are essential and what optional specifications may
be included in the project. All options must be identified in the invitation
for bid or request for proposal as optional work.
c) Brand Name or Equal Specification
1) Brand name or equal specifications may be
used in a competitive solicitation when:
A)
no specification for a common or general use specification or qualified
products list is available;
B) time
does not permit the preparation of another form of specification;
C) the nature of the product or the nature of
the university's requirement makes use of a brand name or equal specification
suitable for the procurement; or
D)
when the university determines that circumstances show this to be the most
reasonable type of specification.
2) Brand name or equal specifications shall
seek to designate more than one brand as "or equal", and shall further state
that substantially equivalent products to those designated will be considered
for award.
3) Unless the university
determines in writing that the essential characteristics of the brand names
included in the specifications are commonly known in the industry or trade,
brand name or equal specifications shall include a description of the
particular design, functional or performance characteristics that are
required.
4) Where a brand name or
equal specification is used in a solicitation, the solicitation shall contain
explanatory language that the use of a brand name is for the purpose of
describing the standard of quality, performance and characteristics desired and
is not intended to limit or restrict competition. "Or equal" submissions will
not be rejected because of minor differences in design, construction or
features that do not affect the suitability of the product for its intended
use. Burden of proof that the product is equal is on the vendor.
d) Brand Name Only Specification
1) A brand name only specification may be
used in a competitive solicitation provided the university makes a written
request justifying that only the identified brand name item will satisfy the
university's needs and the SPO approves in writing the use of the brand name
only specification.
2) Brand name
alone may be specified in order to fill medical prescription needs, to stock
university retail-type operations, to ensure compatibility in existing systems,
to preserve warranty, to ensure maintenance, or as authorized in writing by the
SPO. A university may, pursuant to an authorized competitive procedure, select
a particular vendor to provide supplies or services for a specified period of
time, and for that period the supplier of additional, related and updated
supplies and services may be limited to the selected vendor or the brand
initially selected.
3) The
university shall seek to identify sources from which the designated brand name
item or items can be obtained and shall solicit those sources to achieve
whatever degree of competition is practicable. If only one source can supply
the requirement, the procurement shall be made under Section
4.2025
(Sole Economically Feasible Source Procurement).
4) The SPO shall provide a quarterly report
to the CPO-HE of solicitations conducted using brand name only.
e) Qualified Products List
1) A qualified products list may be developed
by the university, with approval of the SPO, when testing or examination of the
supplies prior to issuance of the solicitation is desirable or necessary in
order to best satisfy university requirements.
2) When developing a qualified products list,
notice shall be posted to the Bulletin soliciting potential suppliers to submit
products for testing and examination to determine acceptability for inclusion
in a qualified products list.
3)
Inclusion on a qualified products list shall be based on results of tests or
examinations conducted in accordance with established requirements.
f) Proven Products
The supply or service may be rejected if it has not been
offered to other governmental or commercial accounts for at least one year
prior to the notice date of a solicitation. Specifications may require that the
supply or services must have been used in government or commercial venues for a
specified period of time to be considered.
g) University Required Samples
1) Samples or descriptive literature may be
requested when it is necessary to evaluate required characteristics of the
items bid. Any required samples must be submitted as instructed in the
solicitation, with transportation prepaid by the vendor. Each sample must be
labeled with the vendor's name, address and a means of matching the sample with
the applicable bid or proposal.
2)
Any sample submitted must be representative of the item that would be delivered
if a contract were awarded for that item. Samples submitted by a successful
vendor will be retained to check continuing quality and compliance with
specifications. Submission of samples will not limit the university's right to
require adherence to specifications.
3) No payment will be made for samples.
Samples not destroyed or consumed by examination or testing will be returned
upon request and at vendor's expense. The request must be made at time of
submission with return collect or prepayment provisions and instructions for
return accompanying the samples.
4)
Unsolicited samples or descriptive literature are submitted at the vendor's
risk, may or may not be examined or tested, will not be deemed to vary any of
the provisions of the solicitation, and may not be utilized by the vendor to
contest a decision or understanding with the university.
h) Product Demonstration
Subject to the requirements of Section 50-39 of the Code, a
vendor may request to demonstrate a product or service. Agreement to allow a
demonstration will be solely at the university's discretion and will not
entitle the vendor to a contract nor shall payment for the demonstration be
allowed unless a written contract had been executed prior to the demonstration.
No payment will be made for the demonstration period except as agreed to in
advance. If the price exceeds the small purchase amount, the product must be
acquired under Section
4.2025
of this Part. The product demonstrated will be returned upon request and at the
vendor's expense. The request must be made prior to the time of product
demonstration with return collect or prepayment provisions and instructions for
return accompanying the product demonstration.
i) Specifications Prepared by Other Than
University Personnel
As provided in Section
4.2005(v),
specifications may be prepared by other than university personnel, including,
but not limited to, consultants, architects, engineers, designers and other
drafters of specifications for public contracts provided there is no conflict
of interest or an exception has been approved in accordance with Section
4.2005(v)(4)(B).
Contracts for the preparation of specifications by other than university
personnel shall require the specification writer to adhere to university
requirements and the terms of the Code, particularly Section 50-10.5, and this
Part. The university must inform the SPO of specifications prepared by anyone
other than university personnel. The SPO retains the authority for final
approval of the specifications. Any dispute with the SPO regarding the
statement of work or scope of specifications can be escalated to the
CPO-HE.
j) Pre-Solicitation
Request for Information
When the university does not have sufficient information
about available supplies or services to issue a solicitation, the university,
in consultation with the SPO, may issue a pre-solicitation request for
information inviting vendors to submit information about the availability of
specified types of supplies and services. Public notice of the pre-solicitation
request for information shall be published in the Bulletin at least 14 days
before the date set for the receipt of information. The submission of
information by a vendor in response to a pre-solicitation request for
information is not a prerequisite for that vendor to respond to a subsequent
solicitation for the types of supplies and services for which information was
solicited, and the issuance of a pre-solicitation request for information does
not commit the university to make any procurement of supplies or services of
any kind. Confidential information will not be accepted from a vendor in
response to a pre-solicitation request for information. All information
received through a pre-solicitation request for information will be part of the
publicly available procurement file. An RFI is to be used for information
gathering only and is not a vehicle for procuring supplies or services.
k)
When procuring freight,
small package delivery, and other forms of cargo shipping and transportation
services, appropriate weight shall be given to the requirements of the
Transportation Sustainability Procurement Program Act [ 30 ILCS 530 ].
[
30
ILCS 500/20-165]
