Current through Register Vol. 48, No. 38, September 20, 2024
a)
Responsibilities Regarding Specifications. Subject to the SPO's approval, the
CDB shall have necessary specifications drafted.
b) Development of Specifications
1) All procurements shall be based on
specifications developed in accordance with CDB's Design and Construction
Manual that accurately reflect the State's needs. Specifications shall clearly
and precisely describe the salient technical or performance requirements and
shall be written in such a manner as to describe the requirements to be met,
without being unduly restrictive or having the effect of exclusively requiring
a particular brand name, 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. Specifications for a construction project shall
include reference to the minimum Green Building Act requirements for the
project.
3) A specification may
provide alternate descriptions when two or more design, functional or
performance criteria will satisfactorily meet the State's
requirements.
4) Article 45 of the
Illinois Procurement Code shall be considered and applied when required or
appropriate.
c) Brand
Name Specification. Bids for construction projects shall be based on providing
all products, subcontractors or suppliers specified in the specifications. When
a brand name specification is used, a minimum of three brand names must be
specified for each product. Brand name product specifications shall allow that
a bidder may propose additional products prior to bid opening. Bidders may
propose substitutions of a product, upon review and approval by CDB and the
project A/E. The product substitution process may be utilized regardless of
whether only brand names are listed. Substitutions shall be accepted before
award and are subject to the review of the SPO. Determinations on the
acceptance of substitutions shall be included in the recommendation to award
file.
1) Brand name specifications may be used
in a construction 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 State's requirement makes use of a brand name specification suitable for
the procurement; or
D) use of a
brand name specification is in the State's best interest.
2) Brand name specifications shall designate
a minimum of three brands and shall further state that substitutions may be
allowed.
3) Unless CDB determines
that the essential characteristics of the brand names included in the
specifications are commonly known in the industry or trade, brand name
specifications shall include a description of the particular design, functional
or performance characteristics that are required.
d) Limited Source Product Specification. CDB
shall specify a minimum of three brand name products and shall identify sources
to achieve whatever degree of competition is practicable. If less than three
brand names are specified, CDB will review and approve all such specifications,
which are subject to review by the Procurement Officer upon request. The
procedure for review by CDB shall be contained in CDB's Design and Construction
Manual.
e) Specifications Prepared
by Persons Other Than State Personnel. Specifications may be prepared by
persons other than State personnel, including, but not limited to, consultants,
architects, engineers, designers or other drafters of specifications for public
contracts. CDB shall review and approve such specifications. Vendors preparing
specifications must affirm that no conflict of interest exists at time of
submittal and review of the specifications by CDB and that it has accepted no
gift or consideration intended to influence its judgment on the project.
Vendors may be requested to verify conflict of interest status at any time
throughout a project. No person or business shall submit specifications to a
State agency unless requested to do so by an employee of the State
[30 ILCS 500/50-10.5(e)].
1) The SPO retains the authority for final
approval of the specifications. Contracts with vendors for the preparation of
specifications shall require the specification writer to adhere to the Design
and Construction Manual, the Code and this Part.
2) The person or business that writes
specifications for a particular procurement need shall not submit a bid or
proposal, receive a contract to meet that procurement need, or have any
financial interest in the product or service specified or the source from which
it is procured.
f)
Prohibited Bidder and Contractors
1) No
person or business shall bid or enter into a contract if the person or
business:
A) Assisted an employee of the State
of Illinois, who, by the nature of his or her duties, has the authority to
participate personally and substantially in the decision to award a State
contract, by reviewing, drafting, directing, or preparing any IFB, an RFP or an
RFI;
B) Provided similar
assistance, except as part of a publicly issued opportunity to review drafts of
all or part of these documents. Similar assistance includes, but is not limited
to, providing supplementary support or aid, information that serves as a basis
for specifications, or the establishment or development of evaluation
criteria.
2) This
subsection (f) does not prohibit a person or business from submitting a bid or
proposal or entering into a contract if the person or business:
A) Initiates a communication with an employee
to provide general information about products, services or industry best
practice and, if applicable, that communication is documented in accordance
with Section 50-39 of the Act; or
B) Responds to a communication initiated by
an employee of CDB for the purposes of providing information to evaluate new
products, trends, services or technologies. [30 ILCS
500/50-10.5(e)]
3) For purposes of this subsection (f),
"business" includes all individuals with whom a business is affiliated,
including, but not limited to, any officer, agent, employee, consultant,
independent contractor, director, partner, manager, or shareholder of a
business. [30 ILCS 500/50-10.5(e)]
4) A vendor who develops technology, goods or
services that represent industry trends and innovation and is not designed to
meet the State's needs is not prohibited from bidding or offering.
g) Pre-Solicitation Request for
Information. When CDB does not have sufficient information about available
supplies or services to issue a solicitation, CDB may issue a pre-solicitation
request for information inviting vendors to submit non-price information about
the availability of specified types of supplies and services. Vendors may be
provided an opportunity to comment on the RFI itself and make non-proprietary
suggestions as to the scope and information being requested that would
facilitate the best responses from the vendor community. Public notice of the
RFI shall be published in the Bulletin by the SPO 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 an RFI does not commit the State agency 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
available for public review.
