(30 ILCS 500/20-15)
Competitive sealed proposals.
(a) Conditions for use. When provided under this Code or under
rules, or when
the purchasing agency determines in writing that the use of
competitive sealed bidding
is either not practicable or not advantageous to the State, a
contract may be entered into by
competitive sealed proposals.
(b) Request for proposals. Proposals shall be solicited
through a request for proposals.
(c) Public notice. Public notice of the request for
proposals shall be published in the
Illinois Procurement Bulletin at least 14 calendar days before the date set
in the invitation for the opening
(d) Receipt of proposals. Proposals shall be opened
publicly or via an electronic procurement system in the presence of one or
more witnesses at the time and place designated in the request for
proposals, but proposals shall
be opened in a manner to avoid disclosure of contents to competing
offerors during the process
of negotiation. A record of proposals shall be prepared and
shall be open for public inspection
after contract award.
(e) Evaluation factors. The requests for proposals shall
state the relative importance of
price and other evaluation factors. Proposals shall be submitted
in 3 parts: the first, price; the second, commitment to diversity; and the third, all other items. Each part of all proposals shall be evaluated and ranked independently of the other parts of all proposals. The results of the evaluation of all 3 parts shall be used in ranking of proposals.
(e-5) Method of scoring.
(1) The point scoring methodology for competitive
sealed proposals shall provide points for commitment to diversity. Those points shall be equivalent to 20% of the points assigned to the third part of the proposal, all other items.
(2) Factors to be considered in the award of points
for the commitment to diversity component shall be set by rule by the applicable chief procurement officer and may include, but are not limited to:
(A) whether or how well the offeror, on the
solicitation being evaluated, met the goal of contracting or subcontracting with businesses owned by women, minorities, or persons with disabilities;
(B) whether the offeror, on the solicitation
being evaluated, assisted businesses owned by women, minorities, or persons with disabilities in obtaining lines of credit, insurance, necessary equipment, supplies, materials, or related assistance or services;
(C) the percentage of prior year revenues of the
offeror that involve businesses owned by women, minorities, or persons with disabilities;
(D) whether the offeror has a written supplier
diversity program, including, but not limited to, use of diverse vendors in the supply chain and a training or mentoring program with businesses owned by women, minorities, or persons with disabilities; and
(E) the percentage of members of the offeror's
governing board, senior executives, and managers who are women, minorities, or persons with disabilities.
(3) If any State agency or public institution of
higher education contract is eligible to be paid for or reimbursed, in whole or in part, with federal-aid funds, grants, or loans, and the provisions of this subsection (e-5) would result in the loss of those federal-aid funds, grants, or loans, then the contract is exempt from the provisions of this Section in order to remain eligible for those federal-aid funds, grants, or loans. For the purposes of this subsection (e-5):
"Manager" means a person who controls or administers
all or part of a company or similar organization.
"Minorities" has the same meaning as "minority
person" under Section 2 of the Business Enterprise for Minorities, Women, and Persons with Disabilities Act.
"Persons with disabilities" has the same meaning as
"person with a disability" under Section 2 of the Business Enterprise for Minorities, Women, and Persons with Disabilities Act.
"Senior executive" means the chief executive officer,
chief operating officer, chief financial officer, or anyone else in charge of a principal business unit or function.
"Women" has the same meaning as "woman" under Section
2 of the Business Enterprise for Minorities, Women, and Persons with Disabilities Act.
(f) Discussion with responsible offerors and revisions of offers or
proposals. As provided in the
request for proposals and under rules, discussions
may be conducted with
responsible offerors who submit offers or proposals determined to be
reasonably susceptible of being
selected for award for the purpose of clarifying and assuring full
understanding of and
responsiveness to the solicitation requirements. Those offerors
shall be accorded fair and equal
treatment with respect to any opportunity for discussion and
revision of proposals. Revisions
may be permitted after submission and before award for the
purpose of obtaining best and final
offers. In conducting discussions there shall be no disclosure of
any information derived from
proposals submitted by competing offerors.
If information is disclosed to any offeror, it shall be
provided to all competing offerors.
(g) Award. Awards shall be made to the responsible offeror
whose proposal is
determined in writing to be the most advantageous to the State,
taking into consideration price and the evaluation factors set forth in the request for proposals.
The contract file shall contain
the basis on which the award is
(Source: P.A. 101-657, eff. 7-1-21 (See Section 25 of P.A. 102-29 for effective date of 101-657); 102-29, eff. 6-25-21.)