Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 3002 - GENERAL POLICIES › Section 3002.1300 - Proposed Contract Review

Current through Register Vol. 48, No. 28, July 12, 2024
As required by Section 5-30 of the Code, unless the Board
				waives such review, certain proposed State issued contracts shall not be
				entered into until the Board's review of the contract during a 30-day contract
				review period beginning the date the notice of award or letting of the contract
				is published in the Illinois Procurement Bulletin. For the purposes of this
				Section, the letting of the contract or the notice of award is deemed to occur
				on the date of publication in the Illinois Procurement Bulletin. The Board
				shall use the following guidelines for conducting a review.
a) For each contract award the Board wishes
			 to review, it shall state its policy concern or objective in writing and
			 whether such concern or objective relates to the particular proposed contract
			 or another issue under its procurement review authority.
b) The Board shall complete conflict of
			 interest disclosures for all matters that it identifies for review.
c) The Board may request the Agency to
			 provide existing documents from its records relevant to the proposed contract
			 and any policy determinations that guided the Agency's decision to enter into
			 that contract.
d) In developing
			 policy recommendations as part of its review, the Board may request information
			 from industry experts. Requests may include, but are not limited to market
			 information, demonstration materials, analytical research, operational
			 guidelines, and performance data. Until such time as the procurement process is
			 complete and contract with the vendor signed, the Board shall obtain the
			 written approval of the chief procurement officer before requesting information
			 from vendors participating in the procurement process for the subject contract.
			 After the contract with a vendor is signed, no approval from the chief
			 procurement officer is required for the Board to request information from the
			 vendors participating in that procurement. The Board shall notify the Agency of
			 such requests, allow the Agency to provide additional information and provide
			 the Agency with copies of any records collected in this research.
e) As part of its review, the Board may
			 conduct interviews, meetings, polling, or hearings to determine facts relevant
			 to the review. No person participating in the Board's review shall publicly
			 disclose confidential information regarding the procurement process or contract
			 subject to review. The chief procurement officer may provide such confidential
			 information to the Board upon the Board establishing appropriate procedures to
			 safeguard the confidentiality of the information. If the Board wishes to
			 interview any person involved in preparing or analyzing the bid or solicitation
			 or any person responding to such bid or solicitation, it shall first obtain
			 written approval from the chief procurement officer. The Board will accept
			 written documentation provided by participants of these events and reduce to
			 writing all other information that is provided.
f) The Board shall make the Agency aware of
			 its findings prior to publication in the Procurement Bulletin. The Agency shall
			 be given the opportunity to respond prior to the Board's final determination
			 and publishing.
g) The Board shall
			 publish its final determination in an edition of the Procurement Bulletin upon
			 conclusion of its review.