Section 1300.2005  General Provisions

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

1)         Definition.  Any bid or proposal received after the time, date and place set for receipt is late.  Any withdrawal or modification of a bid or proposal received after the time and date set for opening of bids or proposals at the place designated for opening is late.

2)         Treatment.  No late bid or proposal, late modification, or late withdrawal will be considered unless it is received before contract award, and the bid, proposal, modification, or withdrawal would have been timely but for the action or inaction of OAG personnel directly serving the procurement activity.

3)         Records.  Records shall be made and kept for each late bid or proposal, late modification, or late withdrawal.

4)         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 date or time for submitting a bid or proposal or modifying or withdrawing a bid or proposal may be extended by the CPO or SPO prior to such date or time for the convenience of the OAG.  Reasons for extension include but are not limited to allowing additional time for submissions to account for inclement weather, labor strikes, accidents and other such reasons.

2)         After opening bids or proposals, the CPO or SPO may request bidders or offerors to extend the time during which the OAG may accept bids or proposals, provided that, with regard to bids, no other change is permitted. The reasons for requesting such extension shall be documented.

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 Invitation for Bids or Request for Proposals.

2)         Electronic submissions will be opened in accordance with electronic security measures in effect 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 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 Invitation for Bids or Request for Proposals.  Bids and proposals submitted without complying with the notice of intent requirement shall be rejected.

e)         Only One Bid or Proposal Received

If only one responsive bid is received, or if only one proposal is received, an award may be made to the single bidder or offeror if the CPO or SPO 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;

2)         the procurement may be cancelled; or

3)         if the CPO or SPO determines in writing that the need for the supply or service continues, but that the price of the one bid is not fair and reasonable and there is no time for resolicitation or resolicitation would likely be futile, the procurement may then be conducted with any vendor under Section 1300.2025 (Sole Source Procurement) or Section 1300.2030 (Emergency Procurements), as appropriate.  The CPO or SPO shall also attempt to negotiate the price offered by the single bidder to an acceptable level.

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;

B)        only one vendor responded, in which case the alternate submission(s) may be evaluated and treated in accordance with Section 1300.2025 (Sole Source Procurement) of this Part;

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; or

D)        a vendor clearly indicates a base submission, then that base submission shall be considered for award as though it were the only bid or proposal submitted by the vendor.

2)         Multiple 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, 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.

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. Factors to be used to determine the State's best interest include but are not limited to whether the bid is the lowest of those submitted, reasonableness of the price and the cost and time necessary to solicit other bids.

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 Invitation for Bids or Request for Proposals provided the agency need not delay procurement actions to accommodate the vendor's "all or none" condition.

j)          Unsolicited Offers

1)         Defined.  An unsolicited offer is any offer other than one submitted in response to a solicitation.

2)         Processing of Unsolicited Offers.  The CPO or SPO may consider unsolicited offers and shall have final authority with respect to evaluation, acceptance and rejection of such unsolicited offers.

3)         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 OAG.

4)         Evaluation.  The unsolicited offer may be evaluated to determine its utility to the State and whether it would be to the State's advantage to enter into a contract based on such offer.  An unsolicited offer which meets the requirements set forth above may be considered for award if the procurement also meets the requirements of Section 1300.2025 (Sole Source Procurement) or Section 1300.2020 (Small Purchases), in which case those procedures shall be followed as applicable.

5)         Confidentiality.  Any request for confidentiality of data contained in an unsolicited offer must be made in writing.  If an award is made, confidentiality of data shall be agreed upon by the parties and governed by the provisions of the contract.  If agreement cannot be reached on confidentiality, the OAG shall reject the unsolicited offer.

k)         Clarification of Bids and Proposals

The CPO or SPO may request that a vendor clarify its bid or proposal as a part of the evaluation process.  A vendor shall not be allowed to change its bid or proposal in response to a request for clarification.

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 CPO or the SPO 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

The quantity that may be ordered from a definite quantity contract may be increased by up to 20% provided the CPO or SPO determines that separate bidding for the additional quantity is not likely to achieve lower pricing.  The quantity may be increased by any percentage provided the dollar value of the increase does not exceed the small purchase threshold applicable to the type of goods or service.

n)         Novation or Change of Name

1)         Assignment.  No OAG contract is transferable, or otherwise assignable, without the written consent of the CPO or the SPO, provided, however, that a vendor may assign monies receivable under a contract after due notice to the OAG.  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 OAG.

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 shall agree that:

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

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

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

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

3)         Change of Name.  When a vendor requests to change the name in which it holds a contract with the OAG, the CPO or SPO responsible for the contract shall, upon receipt of a document indicating such change of name, enter into an agreement with the requesting vendor to effect such a change of name.  The agreement changing the name shall specifically indicate that no other terms and conditions of the contract are thereby changed.

4)         Reports.  All change of name or novation agreements effected under this subsection (n) other than by the CPO shall be reported to the CPO within 30 days after the date that the agreement becomes effective.

o)         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 30 ILCS 305.