TITLE 44: GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY MANAGEMENT
SUBTITLE A: PROCUREMENT AND CONTRACT PROVISIONS
CHAPTER I: CHIEF PROCUREMENT OFFICER FOR GENERAL SERVICES
PART 1 CHIEF PROCUREMENT OFFICER FOR GENERAL SERVICES STANDARD PROCUREMENT
SECTION 1.2010 COMPETITIVE SEALED BIDDING
Section 1.2010 Competitive Sealed Bidding
Competitive sealed bidding is the required method of source selection, except as allowed by the Code and this Part. The provisions of this Section apply to every procurement required to be conducted by competitive sealed bidding.
b) Invitation 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 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, and the maximum time for bid acceptance by the State;
B) the purchase description, evaluation factors, delivery or performance schedule, and such inspection and acceptance requirements as are not included in the purchase description; and
C) the contract terms and conditions, including warranty and bonding or other security requirements, as applicable and State mandated certifications.
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 clearly identified and shall reference the portion of the IFB being amended.
2) Distribution. Amendments shall be made available to all prospective bidders known to have received an IFB through posting on the Bulletin.
3) Timeliness. Amendments shall be made available within a reasonable time to allow prospective bidders to consider them in preparing their bids. If the time and date set for receipt of bids will not permit that preparation, the amendment shall extend the response time. If necessary, the response time may be extended by written announcement posted at the opening location or as announced at the scheduled opening time and confirmed in the amendment.
d) Pre-Opening Modification or Withdrawal of Bids
1) Procedure. Bids may be modified or withdrawn by written notice received in the location designated in the IFB prior to the time and date set for bid opening.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 If a bid is withdrawn in accordance with this Section, the bid security, if any, shall be returned to the bidder.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.
e) 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 place 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.
2) Opening and Recording
Bids and modifications shall be opened publicly at the time, date and place designated in the IFB in the presence of a State witness. The person opening bids shall not serve as witness. The CPO-GS shall determine information that shall be recorded, read and made available at the opening, including items such as the name of each bidder, the bid price and such other information the CPO-GS determines is appropriate.
f) 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, except as permitted in the Code and this Part. The IFB shall set forth the requirements and criteria that will be used to determine the lowest responsive bidder. No bid shall be evaluated for any requirements or criteria for price or responsiveness that are not disclosed in the IFB.
2) Responsibility. Responsibility of prospective vendors is covered by Section 1.2046 (Responsibility).
3) Responsiveness. A bid must conform in all material respects to the IFB.
A) Product or Service Acceptability. The IFB shall set forth any evaluation criteria to be used in determining product or service acceptability. It may require the submission of bid samples, descriptive literature, technical data, references, licenses, or other information or material. It may also provide for accomplishing any of the following prior to award:
i) inspection or testing of a product or service prior to award for such characteristics as quality or workmanship;
ii) examination of such elements as appearance, finish, taste or feel;
iii) other examinations to determine whether the product or service conforms to any other purchase description requirements.
B) The acceptability evaluation is not conducted for the purpose of determining whether one bidder's product or service capability is superior to another, but only to determine that a bidder's offering is acceptable as set forth in the Invitation for Bids. Any bidder's offering that does not meet the acceptability requirements shall be rejected.
4) Determination of Lowest Bidder. Following determination of product or service acceptability as set forth in this subsection (f), bids will be evaluated to determine which bidder offers the lowest cost to the State in accordance with the evaluation criteria set forth in the IFB. Only objectively measurable criteria that are set forth in the IFB shall be applied in determining the lowest bidder. Examples of such criteria include, but are not limited to, transportation cost, administrative cost and ownership or life-cycle cost formulas. Evaluation factors need not be precise predictors of actual future costs, but to the extent possible, the evaluation factors shall be reasonable estimates based upon information the State has available concerning future use and shall treat all bids equitably. Pricing for optional supplies or services, or for renewal terms, may be considered, particularly when the pricing for those items or terms is unbalanced when compared to other pricing in the bid.
5) Price Negotiation. Negotiations are permitted with the low bidder to obtain a lower price for the item bid.
g) Award to Other Than Low Responsible and Responsive Bidder
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. A description of the agency's needs, a determination that the anticipated cost will be fair and reasonable, a listing of all responsible and responsive bidders, and the name of the bidder selected, pricing and the reasons for selecting this bidder instead of the low bidder must be published in the Bulletin. The SPO shall file notice with the Legislative Audit Commission and PPB. This information shall be made available for inspection by the public within 30 days after the agency's decision to award the contract.
h) Publicizing Award
1) Bidders shall be notified of contract award. The Notification shall be issued electronically and, additionally, may be in the form of a letter, purchase order 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. 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 the State agency's website the next business day. The winning bid shall be available for public inspection after award, along with a record of each unsuccessful bid.
2) Notice of award must include at least the following information:
A) date solicitation was 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;
F) brief description of supplies/services being purchased;
G) method of source selection;
H) name of the successful responsible bidder;
I) contract price;
J) number of unsuccessful responsive bidders;
K) percentage of disadvantaged business utilization plan;
L) percentage of business enterprise program utilization plan;
M) total number of veteran owned small businesses and the number of service disabled veteran owned small businesses that submitted bids for contracts;
N) any other disclosure required by the Code.
(Source: Amended at 36 Ill. Reg. 10729, effective August 6, 2012)