Section 6.1180  Negotiation of Agreement

The Department will notify the selected proposer of the Department's selection, and the parties shall begin negotiations.  The Department will notify all other short-listed proposers that their proposal was not selected.

a)         If a mutually acceptable agreement cannot be reached, the Department may terminate negotiations.  In such cases, the Department may:

1)         Reject all proposals and conclude the procurement process.

2)         Initiate negotiations with the short-listed proposer that submitted the next highest-ranked proposal.  If those negotiations fail, the Department may, at its discretion, negotiate with the third-ranked proposer.

b)         The Department may require the selected proposer furnish a proposal bond in an amount determined necessary to ensure compliance with the proposal commitments and protect the interests of the Department.

c)         The Department may enter into an interim agreement with the selected proposer to facilitate project development prior to finalizing negotiation of the agreement.  Any such interim agreement shall comply with the requirements of Section 30 of the P3 Act and may authorize the selected proposer to initiate specific non-construction, project-related activities for which compensation may be provided.

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