Current through Register Vol. 48, No. 38, September 20, 2024
a)
Application. Except as provided, unless an exception authorized by the Code and
this Part exists, CDB contracts for construction projects shall be procured by
competitive sealed bidding in accordance with Section 20-10 of the Code and
this Section. Solicitations for bids shall be in conformance with the Code and
this Part, and, in exigent circumstances for a specific procurement, with CPO
Notices. Contracts shall be awarded in accordance with those authorities and
with the provisions set forth in the SDC unless otherwise specified in the
advertisement for bids published in the Procurement Bulletin, or as authorized
by law or policies governing bid matters that are expressed in the SDC relating
to the Invitations for Bid process.
b) Invitations for Bids
1) Use. An IFB is used to initiate a
competitive sealed bid procurement.
2) Content. An IFB shall include, at a
minimum, the following:
A) instructions and
information to potential bidders concerning the bid submission requirements,
including the time and date set for receipt of bids, the address of the
location to which bids are to be delivered, the name of the bid officer, and
the bid firm date;
B) the project
description, instruction as to where the comprehensive purchase description
(also known as "bid documents") may be obtained, delivery or performance
schedule, and such inspection and acceptance requirements as are not included
in the project description;
C) the
contract terms and conditions, including warranty and bonding or other security
requirements, as applicable, and State mandated certifications; and
D) A form or format that will specify or
organize the manner of price submission and that the bidder shall submit along
with all other necessary submissions, including disclosure forms.
3) Delivery Related Costs. Unless
otherwise provided in the solicitation, the bid price includes transportation,
transit insurance, delivery, installation and any other costs.
c) Amendments to Invitations for
Bids
1) Form. Amendments to IFBs shall be
issued as "addenda" and shall clearly identify and reference the portion of the
IFB being amended.
2) Distribution.
Amendments shall be posted to the Bulletin, and the A/E shall distribute them
directly to plan rooms and all known plan holders.
3) Timeliness. Amendments shall be made
available so as to allow prospective bidders a reasonable time to consider them
in preparing their bids, but receipt will be not later than 3 days before the
time of bid opening. If the time and date set for receipt of bids will not
permit that preparation, the amendment shall extend the response
time.
d) Licensing. In
addition to other statutory requirements, all bidders shall be responsible for
proper licensing with the appropriate State agency in the trades the bidder
will perform on the particular project, such as, but not limited to, roofing,
plumbing and asbestos abatement.
e)
Obtaining Bid Documents. At the time of publishing an advertisement for bids,
CDB shall make project plans, specifications and other bidding documents
available to prospective bidders through the offices of the project
Architect/Engineer (A/E) and other locations such as commercial "plan rooms",
or electronic means, including the CDB or CPO websites or the Procurement
Bulletin. Each advertisement shall identify the specific locations from which
bid documents may be obtained. The A/E may charge a refundable deposit for loan
of bid documents.
f) Construction
Administration Fee. If CDB assesses a construction administration fee as
authorized by Section 9.02(a) of the CDB Act, the amount or percentage of that
fee shall be identified in the bid documents.
g) Reporting of Bid Document Errors or
Inconsistencies. Bidders shall have an affirmative duty to examine bid
documents and site conditions and to report any discovered errors or
inconsistencies to the project A/E. Bidders awarded a contract will not be
given change orders for extra payment or time extension for conditions that
could reasonably have been discovered.
h) Agreement to Terms. By submitting a bid,
the bidder agrees to all terms and conditions of the SDC and other contract
documents referenced or incorporated in the IFB. Accordingly, submittal of
conditions or qualifying statements on bids may be cause for rejection of the
bid.
i) Bid Security. All bids
shall include bid security in the form of a bid bond on CDB's form, certified
check, cashier's check or bank draft in the amount of 10% of the base bid. If a
bid bond is used, the surety issuing the bond must be acceptable to
CDB.
j) Pre-Opening Modification or
Withdrawal of Bids
1) Procedure. Bids may be
modified or withdrawn by written notice received at the location designated in
the IFB prior to the time and date set for bid opening.
2) Disposition of Bid Security. If a bid is
withdrawn in accordance with this Section, the bid security, if any, shall be
returned to the bidder.
3) Records.
All documents relating to the modification or withdrawal of bids shall be made
a part of the appropriate procurement file.
k) Receipt, Opening and Recording of Bids
1) Receipt. Upon its receipt, each bid and
modification shall be date and time-stamped but not opened and shall be stored
in a secure manner (e.g., locked file cabinet, safe, locked room or other
secure location) until the time and date set for bid opening. If a bid is
opened for identification purposes or in error, the file shall state the reason
for the breach. The bid officer and the person mistakenly opening the bid shall
sign a statement explaining the reason for the mistake or error, including the
name of anyone involved. The statement shall be included in the procurement
file, and the bid shall be resealed. The bid shall be resealed until the time
set for bid opening.
2) Opening and
Recording. The bid officer shall open the bids and modifications publicly at
the time, date and place designated in the IFB in the presence of a State
witness. The bid officer shall not serve as witness. The bid officer shall
announce and record on the bid tabulation sheet the project, the construction
trade, the name of each bidder and that bidder's price, including modifications
and alternate prices, and any acknowledgement of addenda. The Procurement
Officer may require the reading of additional information if the nature of the
project and bidding warrants.
3)
CDB the CPO or SPO may request that a vendor clarify its bid or proposal as
part of the evaluation process. A vendor shall not be allowed to change its bid
or proposal or deviate from the specifications in response to a request for
clarification.
l) Bid
Evaluation and Award
1) General. The contract
is to be awarded to the lowest responsible and responsive bidder whose bid
meets the requirements and criteria set forth in the IFB and only those
requirements and criteria, except as permitted in the Code and this Part. After
evaluating bids, CDB shall identify the lowest responsible and responsive
bidder and submit to the Procurement Officer a written recommendation to award
to that bidder unless an exception applies.
2) Responsibility and Ineligibility.
Responsibility of prospective vendors is addressed in Section
8.2046
and Subpart V.
3) Material
deficiencies shall result in rejection of a bid and include:
A) Failure of the contractor to be
prequalified;
B) Omission of
signatures resulting in the intent to be bound by the bid being not
apparent;
C) Submission of a bid
price that cannot be determined;
D)
Failure to provide required bid security;
E) Failure to demonstrate
responsibility.
4)
Technical Deficiencies. Technical deficiencies in bids may be remedied by the
bidder within 7 days after having been notified of the deficiency by CDB. The
date of notification is deemed to be the business day of the sending of an
email or fax, the date of delivery if recorded by the service making the
delivery, or, in the case of first class mail, the third day after the date of
the postmark. Technical deficiencies include but are not limited to the
following:
A) Failure to use proper bid
forms;
B) Submission of a bid bond
that is not on CDB's form;
C)
Failure to include a properly completed PC-2 (the Minority and Female Workforce
Participation form of the Department of Human Rights); or
D) Failure to acknowledge an addendum that
makes a material change to the bid documents.
5) Product Substitutions. Bids for
construction projects shall be based on providing all products, subcontractors
or suppliers specified. However, CDB specifications shall provide that a bidder
may propose substitutions of a product, subcontractor or supplier upon review
and approval by CDB and the project A/E. The product substitution process may
be utilized regardless of whether the specification calls for a sole source and
whether only brand names are listed. Substitutions shall not be accepted after
award unless approved by a Procurement Officer. Determinations on the
acceptance of substitutions shall be included in the procurement
file.
6) CDB's written
recommendation to award shall be in the form of an award package that includes,
at least, the bid tabulations, the name and bid amount of the recommended
awardee, results of the awardee's evaluation, MBE/FBE participation and
identification of any bids rejected and the reasons for rejection.
7) No Disclosure of Information. Other than
information that was recorded, read and made publicly available at the opening
of the bids, CDB shall not disclose any information contained in any bid with
any other bidder or person or entity, other than the CPO, SPO, PCM or CDB
personnel, who requires access to information in furtherance of his or her job
duties until after award of the proposed contract has been posted to the
Illinois Procurement Bulletin.
m) Award to Other Than Low Responsible and
Responsive Bidder
1) The SPO, but not a
designee, may authorize the State to award to other than the lowest responsible
and responsive bidder upon a written determination that award to another bidder
is in the State's best interest. The determination shall include a description
of the user agency's needs, a statement that the anticipated cost will be fair
and reasonable, a listing of all responsible and responsive bidders, the name
of the bidder selected, the total contract price and an explanation of the
reasons for selecting this bidder instead of the low bidder.
2) The SPO must publish the determination in
the Bulletin and file a copy with the Legislative Audit Commission and PPB.
This information shall be made available by the CPO for inspection by the
public within 30 days after the agency's decision to award the
contract.
n) Publicizing
Award
1) Bidders shall be notified of
contract award. The notification shall be issued electronically to the
successful bidder in the form of a letter or other clear communication. Notices
of awards through the Invitation for Bids process shall be published in the
Bulletin prior to the execution of a contract. Failure to provide this notice
to all bidders shall result in extending the time for filing a bid protest up
to 5 business days. The extension shall be a day for each day the notice is
late, up to 5 days. If the contract is awarded to other than the lowest bidder,
the notice shall include an explanation of the award. Notice of the award shall
be posted on CDB's website the next business day. All bids and supporting
documents shall be made available by CDB for public inspection and copying
after award unless exempt from the disclosure requirement of the Illinois
Freedom of Information Act ("FOIA") [5 ILCS 140 ].
2) Notice of award must include at least the
following information:
A) date solicitation
first offered;
B) due date for
submission of offers;
C) location
for submission of offers;
D) name
of purchasing agency;
E) name of
responsible SPO and CDB personnel on the purchasing staff;
F) brief description of supplies/services
being purchased;
G) method of
source selection;
H) the contract
price and the name of the vendor selected for award;
I) the number of unsuccessful responding
vendors;
J) for each vendor who
submitted a response:
i) the vendor's
name;
ii) the bid amount;
iii) the percentage of business enterprise
utilization plan;
K)
total number of veteran owned small businesses and service disabled veteran
owned small businesses that submitted bids and the percentage of veteran
utilization plan;
L) any other
disclosure required by the Code.
