Section 6.1170  Process After Preliminary Evaluation Phase

a)         Authority to Initiate Unsolicited Proposal Procurement Process

The Department may not commence the procurement process for a project until authorized pursuant to Section 15(d) of the P3 Act.

b)         Counterproposals

1)         The Department will notify the public about the acceptance of counterproposals by posting an announcement on its website in accordance with Section 19 of the P3 Act.  The notice shall contain the following:

A)        The location and description of the project;

B)        The means of submission; and

C)        The acceptance period for receiving counterproposals.

2)         Before issuing the request for counterproposals, the Department may conduct meetings or provide information to the public and interested participants in anticipation of the solicitation of counterproposals.

c)         Required Elements of a Counterproposal

To maintain consistency and facilitate a fair evaluation, counterproposals must incorporate the same elements outlined in the initial submission of unsolicited proposals found in Section 6.1140.

d)         Counterproposal Review Fee

At the time of a counterproposal submittal, the Department will require, the counter proposer to pay a proposal review fee payable to the Treasurer, State of Illinois.

e)         Comprehensive Evaluation Phase

The Department will conduct a comprehensive evaluation of unsolicited proposals determined to be favorable during the preliminary evaluation phase, and counterproposals received during the counterproposal acceptance period.  The comprehensive evaluation will be based on pre-established criteria, which will include cost, schedule, qualifications and experience of the proposer, project constructability, alignment with the multi-year program, public benefit, and other policy considerations.

f)         Best and Final Offer Phase

1)         If counterproposals meeting the unsolicited proposal submission requirements are received and are determined to be superior to the original unsolicited proposal during the comprehensive evaluation, the Department shall proceed with the best and final offer phase in accordance with Section 19 of the P3 Act.

2)         Before determining the best value proposal, the Department will provide public notice of proposals and counterproposals to impacted communities and hold a public meeting in accordance with Section 19 of the P3 Act.

3)         The successful short-listed proposer shall be the proposer offering the best value to the Department, as determined by the evaluation process.  The Department will document the rationale for the selection, including a summary of the evaluation process and the final determination.

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