Current through Register Vol. 48, No. 38, September 20, 2024
a)
A procurement file shall be maintained for all contracts, regardless of
the method of procurement. The procurement file shall contain the basis on
which the award is made, all submitted bids and proposals, all evaluation
materials, score sheets and all other documentation related to or prepared in
conjunction with evaluation, negotiation and the award process. The procurement
file shall contain a written determination, signed by the SPO, setting forth
the reasoning for the contract award decision and any other
determinations relative to the particular procurement. The publicly available
portion of the procurement file shall not include trade secrets or
other competitively sensitive, confidential, or proprietary information. The
procurement file shall be open to public inspection within 7 calendar days
following award of the contract. [
30 ILCS
500/20-155(c)]
b) The procurement files shall be maintained
by or under the jurisdiction of the CPO-HE.
c) Documentation of Procurement Actions
Each university, under the direction of the SPO, shall
maintain in the procurement or associated contract file all substantive
documents and records of communications that pertain to the procurement and any
resulting contract. This shall include, as applicable, but is not limited
to:
1) The records showing approvals
to proceed at all stages;
2)
Procurement Bulletin postings;
3)
Solicitation document (e.g., IFB, RFP, etc.) and all amendments, clarifications
and best and final requests;
4)
Vendors' responses, including clarifications and responses to best and final
requests (losing responses may be stored elsewhere);
5) Evaluation material (e.g., scoring
guidelines and forms; completed score sheets for individual evaluators,
including notes; evaluation committee's combined score sheets; evaluation
committee's recommendation; and management's decision);
6) Documentation establishing goals for
solicitations and contract awards for certified vendors (Business Enterprise
for Minorities, Women, and Persons with Disabilities (BEP) Act, Veterans
Business Program (VBP), and small business) including all documentation or
worksheets determining the scope of work included in the goal setting, the
commodity or classification codes used to establish goals, whether any
exemptions were granted or denied, any determinations of a vendor's good faith
effort or lack of good faith effort to meet goals, and any goal waivers
granted;
7) Protest and
resolution;
8) Contract and any
order, change, amendments, renewal or extension;
9) Contractor Performance Reviews;
10) All information from subsections (c)(1)
through (c)(6), less information exempt from disclosure under the Freedom of
Information Act [ 5 ILCS 140 ] or other law (for example, the Architectural,
Engineering and Land Surveying Qualifications Based Selection Act [ 30 ILCS 535
], which exempts contractor performance reviews), shall be prepared and made
available for inspection and copying within 7 days following award of the
contract. Any required contractor performance reviews shall be conducted timely
and shall be made part of the procurement file prior to renewal or contract
close out. The performance review shall include, but is not limited to,
evaluation of whether the contract goals agreed to in a vendor's utilization
plan were met. Universities shall provide the CPO-HE with notification of any
vendor who does not demonstrate good faith efforts toward meeting the goals
agreed to in the utilization plan. The CPO-HE and universities may consider if
a vendor did not meet its goal or show good faith efforts toward meeting the
goal in future determination of a vendor's responsibility. The CPO-HE will
determine if any information is exempt under the Freedom of Information Act or
other law.
