Section 6.1110  Definitions

As used throughout this Subpart, terms defined in the Illinois Procurement Code and the Public Private Partnership for Transportation Act have the same meaning as in the Code and the Public Private Partnership for Transportation Act and as further defined in this Subpart.  Each term in this Subpart has the meaning set forth as follows unless its use clearly requires a different meaning.

"P3 Act" means the Public Private Partnerships for Transportation Act [630 ILCS 5].

"Agreement" means the public-private agreement between the selected proposer and the Department as a result of the unsolicited proposal process.

"Award" means the selection of a proposer to enter into an agreement with the Department.

"Best and Final Offer" means proposal revisions made by the responsive proposers to both technical and financial proposals as a part of the procurement process.

"Best Value" means an approach that provides the most efficient overall technical and financial solution for the public benefit.

"Best Value Proposal" means the responsive proposal that was determined to provide best value following the Department's evaluation.

"Commercial Close" means the execution of an agreement by the developer and the Department, at which point agreement is reached on all the commercial terms.

"Comprehensive Evaluation" means the thorough assessment of all aspects of an unsolicited proposal, including its feasibility, benefits, financial plan, and potential impact on the transportation system.

"Counterproposal" means a proposal submitted in response to the Department's notice that it will accept other proposals for the same project for which an unsolicited proposal was received.

"Counter Proposer" means a private entity that submits a counterproposal.

"Department" means the Illinois Department of Transportation.

"Developer" means the selected proposer that has executed an agreement with the Department.

"Eligibility Determination Review" means the process that the Department conducts based on pass/fail criteria to determine if an unsolicited proposal should advance to the preliminary evaluation phase.

"Financial Close" means the project milestone at which all project financing agreements have been executed and all conditions contained in the agreement that are necessary to enter into the financing agreements have been met.

"Initial Proposer" means the private entity that submits an unsolicited proposal to the Department.

"Interim Agreement" means a preliminary agreement entered into by the Department and selected proposer to govern early-phase project development activities following the evaluation and conditional acceptance of the unsolicited proposal and before the execution of the financial and commercial close.

"Multi-Year Program" or "MYP" means the Department's six-year plan for projects and estimated investments on the State and local highway systems.

"Preliminary Evaluation Phase" means the initial stage in the review process during which the Department will assess an unsolicited proposal.

"Prequalification" means the processes established by the Department in 44 Ill. Adm. Code 625 for the selection of architectural, engineering, and land surveying services, and 44 Ill. Adm. Code 650 for construction contractors.

"Public-Private Partnership" or "P3" means the partnership between a developer and the Department relating to one, or more, of the development, financing, and operation of a transportation project.

"Secretary" means the Secretary of Transportation of the State of Illinois.

"Selected Proposer" means the responsive proposer that the Department determines to have provided the best value proposal.

"Short-Listed Proposer" means the initial proposer or any superior counter proposer determined by the Department to be qualified and competitive to advance further in the selection process.

"State" means the State of Illinois.

"Unsolicited proposal" or "UP" means a written proposal for a transportation project submitted by a private entity to the Department on the initiative of a private sector entity or entities for the purposes of developing a public-private partnership that is not in response to a formal or informal request issued by the Department.  (Section 10 of P3 Act)

"Value for Money Analysis" means a structured assessment process used to evaluate the overall economic benefits and costs of an unsolicited proposal that compares the financial, economic, and qualitative impacts of the proposed project against traditional public procurement or other feasible alternatives.

(Source:  Added at 50 Ill. Reg. 6426, effective April 27, 2026)