Section 1.2005  General Provisions

 

a)         Late Bids or Proposals, Late Withdrawals and Late Modifications

 

1)         Definition.  Any bid, proposal, modification or withdrawal received after the time and date for receipt is late.  A bid that is delivered to the wrong location but that is subsequently delivered to the correct location by the date and time specified shall be considered, but the agency shall not be responsible for ensuring such subsequent delivery.  

 

2)         Treatment.  No late bid or proposal, late modification, or late withdrawal will be considered unless the Procurement Officer, and not a designee, determines it would have been timely but for the action or inaction of State personnel directly serving the procurement activity (e.g., providing the wrong address).

 

3)         Records.  Records shall be made and, in accordance with the State Records Act [5 ILCS 160], kept for each late bid or proposal, late modification, or late withdrawal.

 

4)         Other Submissions.  Any other submission that has a time or date deadline shall be treated in the same manner as a late bid.

 

b)         Extension of Time

 

1)         The Procurement Officer may, prior to the date or time for submitting or modifying a bid or proposal, extend the date or time for the convenience of the State.

 

2)         After opening bids or proposals, the Procurement Officer may request bidders or offerors who submitted timely bids or proposals to extend the time during which the State may accept the bids or proposals, provided that, with regard to bids, no other change is permitted.  This extension does not provide an opportunity for others to submit bids or proposals.

 

c)         Electronic and Facsimile Submissions

 

1)         The Invitation for Bids or Request for Proposals may state that electronic and facsimile machine submissions will be considered if  they are received at the designated office by the time and date set for receipt.  Any required attachments will be submitted as stated in the IFB or RFP.

 

2)         Electronic submissions authorized by specific language in the IFB or RFP will be opened in accordance with electronic security measures in effect at the purchasing agency at the time of opening.  Unless the electronic submission procedures provide for a secure receipt, vendor assumes risk of premature disclosure due to submission in unsealed form.

 

3)         Fax submissions authorized by specific language in the IFB or RFP will be placed in a sealed container upon receipt and opened as other submissions. Vendor assumes risk of premature disclosure due to submission in unsealed form.

 

d)         Intent to Submit

            The Invitation for Bids or the Request for Proposals may require that vendors submit, by a certain time and date, a notice of their intent to submit a bid or proposal in response to the IFB or RFP.  Bids and proposals submitted without complying with the notice of intent requirement may be rejected.

 

e)         Only One Bid or Proposal Received

            If only one bid or proposal is received, an award may be made to the single bidder or offeror if the Procurement Officer finds that the price submitted is fair and reasonable, and that either other prospective bidders had reasonable opportunity to respond, or there is not adequate time for resolicitation.  Otherwise:

 

1)         new bids or offers may be solicited, including under sole source (Section 1.2025) or emergency (Section 1.2030) procedures; or

 

2)         the procurement may be canceled.

 

f)          Alternate or Multiple Bids or Proposals

 

1)         Alternate bids or proposals may be accepted if:

 

A)        permitted by the solicitation and in accordance with instructions in the solicitation; or

 

B)        only one vendor responded, in which case the alternate submission may be evaluated and treated in accordance with Section 1.2025 (Sole Source Procurement) of this Part; or

 

C)        the low bidder, who has met all requirements of the solicitation, has provided a lower cost alternative that meets all of the material requirements of the specifications.

 

2)         Multiple bids or proposals may be accepted if:

 

A)        permitted by the solicitation and submitted in accordance with instructions in the solicitation; or

 

B)        only one vendor responded, then, one or more of the submissions may be evaluated, provided that, in the case of bids, only the lowest cost bid meeting specifications may be considered.

 

3)         If a vendor clearly indicates a primary submission among alternate or multiple bids or proposals, then that primary submission shall be considered for award as though it were the only bid or proposal submitted by the vendor.

 

g)         Multiple Items

            An Invitation for Bids or Request for Proposals may call for pricing of multiple items of similar or related type with award based on individual line item, group total of certain items, or grand total of all items.

 

h)         "All or None" Bids or Proposals

            All or none bids or proposals may be accepted if the evaluation shows an all or none award to be the lowest cost or best value of those submitted.

 

i)          Conditioning Bids or Proposals Upon Other Awards

            Any bid or proposal that is conditioned upon receiving award of the particular contract being solicited and one or more other State contracts shall:

 

1)         be rejected unless the vendor removes the condition; or

 

2)         be evaluated and award made to that vendor if the vendor is also independently evaluated as the winner of the other IFBs or RFPs provided the agency need not delay procurement actions to accommodate the vendor's all or none condition.

 

j)          Unsolicited Offers

 

1)         Processing of Unsolicited Offers.  The Procurement Officer may consider unsolicited offers.  If the SPO of an agency that receives an unsolicited offer is not authorized to enter into a contract for the items offered, the SPO of such agency may forward the offer to the CPO, who may consider such unsolicited offer.

 

2)         Conditions for Consideration.  An unsolicited offer must be in writing and must be sufficiently detailed to allow a judgment to be made concerning the potential utility of the offer to the State.

 

3)         Award.  An award may not be made based on an unsolicited offer in place of the notice and competition requirements of the Code and this Part except if that unsolicited offer meets the requirements for a small (Section 1.2020), sole source (Section 1.2025), or emergency (Section 1.2030) procurement.

 

k)         Clarification of Bids and Proposals

            The Procurement Officer may request that a vendor clarify its bid or proposal as a part of the evaluation process.  A vendor shall not be allowed to materially change its bid or proposal in response to a request for clarification.  A clarification is not an opportunity to make changes or for submission of Best & Finals as authorized elsewhere in this Part.

 

l)          Extension of Time on Indefinite Quantity Contracts

            The time of performance of an indefinite quantity contract may be extended upon agreement of the parties, provided the extension is for 90 days or less and the Procurement Officer determines in writing that it is not practical to award another contract at the time of such extension.

 

m)        Increase in Quantity on Definite Quantity Contracts

 

1)         The quantity that may be ordered from a definite quantity contract without additional notice and competition may be increased by up to 20% provided the Procurement Officer determines that separate bidding for the additional quantity is not likely to achieve lower pricing.  A particular procurement may specify a different percentage.

 

2)         The quantity may be increased by any percentage provided the dollar value of the increase does not exceed the applicable small purchase (Section 1.2020) threshold.

 

n)         Subsequent Purchase Request

            If, within 30 days after making an award to a particular vendor pursuant to a competitive sealed bid on behalf of an agency, the CPO receives a purchase request from another agency for the same item and for the same or lesser quantity, the CPO may contract with that vendor on the same terms and conditions, including price, without additional notice and competition, if such contract is acceptable to the vendor.

 

o)         Assignment, Novation or Change of Name

 

1)         Assignment.  No State contract is transferable, or otherwise assignable, without the written consent of the Procurement Officer, provided, however, that a vendor may assign money receivable under a contract after due notice to the State.  Assignment may require the execution of a contract with the assignee and in such cases the assignee must meet all requirements for contracting with the State.

 

2)         Recognition of a Successor in Interest; Novation.  When in the best interest of the State, a successor in interest may be recognized in a novation agreement in which the transferor and the transferee agree that:

 

A)        the transferee assumes all of the transferor's obligations;

 

B)        the transferee meets all requirements for contracting with the State;

 

C)        the transferor waives all rights under the contract as against the State; and

 

D)        unless the transferor guarantees performance of the contract by the transferee, the transferee shall, if required by the State, furnish a satisfactory performance bond.

 

3)         Change of Name.  A vendor may submit a written request to change the name in which it holds a contract with the State. The name change shall not alter any of the terms and conditions of the contract or the obligations of the vendor.

 

4)         Reports.  All change of name or novation agreements under this subsection (o) shall be reported to the CPO within 30 days after the date the agreement becomes effective so that the bid list may be updated.

 

p)         Contracting for Installment Purchase Payments, Including Interest

            Contracts may provide for installment purchase payments, including interest charges, over a period of time.  The interest rate may not exceed that established by law, including the Bond Authorization Act [30 ILCS 305].

 

q)         Use of Source Selection Method that is Not Required

            If a purchasing agency uses a method of source selection that it is not, by law, required to use (e.g., use of a competitive sealed bid for a small purchase), the purchasing agency is not bound to strict compliance with the Code and rules governing the method of source selection used.

 

r)          Vendor Signature

            A bid or proposal submitted unsigned will be evaluated if the vendor submits a written signature acceptable to the Procurement Officer within the time specified by that officer.

 

s)         Stringing

            Dividing or planning procurements to avoid use of competitive procedures (stringing) is prohibited.

 

t)          Confidential Data

            Vendors must clearly identify any information that is exempt from the disclosure requirement of the Illinois Freedom of Information Act [5 ILCS 140] and must request special handling of that material.

 

u)         Documentation of Procurement Actions

Each 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)         Procurement Business Case or other form of decision memo showing approvals to proceed at all stages,

 

2)         Procurement Bulletin Postings,

 

3)         Solicitation document (e.g., IFB) and all amendments, clarifications and Best & Final requests,

 

4)         Vendors' responses, including clarifications and responses to Best & 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)         Protest and resolution,

 

7)         Contract and any order, change, amendments, renewal or extension,

 

8)         Contractor Performance reviews,

 

9)         All information from subsections (u)(1)-(u)(8), less information exempt from disclosure under the Freedom of Information Act [5 ILCS 140], shall be prepared and available for inspection and copying, with information from subsections (u)(1)-(u)(5) available on the date any award is posted to the Procurement Bulletin.

 

(Source:  Amended at 30 Ill. Reg. 17305, effective October 20, 2006)