Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1400 - PROCUREMENT › Subpart F - SPECIFICATIONS AND SECURITY REQUIREMENTS › Section 1400.3005 - Specifications

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Chief
				Procurement Officer shall write or authorize the writing of all
				specifications.
b) Specifications
				Prepared by Other Than State Personnel
1)
				Specifications may be prepared by other than Treasurer's office personnel,
				including, but not limited to, consultants, architects, engineers, designers
				and other drafters of specifications for public contracts. Contracts for the
				preparation of specifications by other than State personnel must require the
				specification writer to adhere to State requirements.
2) The person who prepared the specifications
				may not submit a bid or proposal to meet the procurement need unless the Chief
				Procurement Officer determines in writing that it would be in the best interest
				to accept a bid or proposal from that person and a notice to that effect is
				published as provided in Section
				1400.1505.
3) Non-Prohibited Acts
This Section does not prohibit a person or business from
				  submitting a bid or proposal or entering into a contract if the person or
				  business:
A) Initiated a communication
				with an employee of the State to provide general information about industry
				trends and innovations, products, services or industry best
				practices.
B) Responded to a
				communication initiated by an employee of the State for the purposes of
				providing information to evaluate new products, services or
				technologies.
C) Received or
				possessed written material obtained from a State employee from public sources,
				such as through an internet search, or literature packets obtained in
				conjunction with an event such as a trade show.
D) Provided, at the request of the State,
				general marketing material or makes a general sales presentation to show the
				person's qualifications or product capabilities. Material may be personalized
				for the procuring agency provided any personalization is obtained from publicly
				available sources.
E) Provided
				technology supplies or services demonstrated to the State that represent
				industry trends and innovation and is not specifically tailored to meet the
				State's needs.
4)
				Prohibited Acts
A) Specifications. A person or
				business may not submit specifications to the Treasurer's office unless
				requested to by a State employee. With the exception of standard specifications
				that a vendor makes available to any potential purchaser, the Chief Procurement
				Officer or his or her designee must approve a Treasurer's office employee's
				request for specifications for a particular transaction.
B) Assistance to State Employees. A person or
				business is prohibited from bidding on a solicitation and from having a
				contract or subcontract if the person or business assisted a Treasurer's office
				employee who, by the nature of his or her duties, has the authority to
				participate personally and substantially in the decision to award a State
				contract. Assistance to a Treasurer's office employee may include any of the
				following:
i) Draft (writes or assists the
				State with writing all or part of the procurement document);
ii) Review (reads the document or comments on
				the procurement document or signified approval or disapproval);
iii) Direct (any activity relating to giving
				instructions or commands or in supervising or overseeing the preparation of the
				procurement document);
iv) Prepare
				(any activity relating to organizing or distributing the documents, including
				through the Treasurer's website); or
v) Provides similar assistance, e.g.,
				conducting research or providing any advice used in drafting, reviewing,
				directing or preparing procurement documents.
C) A person (and its affiliated or related
				entities) that contracts with the Treasurer's office to write specifications
				for a particular procurement may not submit a bid or proposal or receive a
				contract or subcontract for that procurement.
5) Exceptions. Any person or business who
				responds to an advertised request for information or other publicly available
				opportunity to provide information related to the procurement need or to review
				drafts of all or part of proposed procurement documents shall not be
				disqualified by virtue of responding to the State's publicly advertised
				request.