Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 6 - CHIEF PROCUREMENT OFFICER FOR THE DEPARTMENT OF TRANSPORTATION - CONTRACT PROCUREMENT › Subpart A - GENERAL › Section 6.40 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
As used throughout this Part, terms defined in the Illinois
				  Procurement Code have the same meaning as in the Code and as further defined in
				  this Section. Each term listed in this Section has the meaning set forth as
				  follows unless its use clearly requires a different meaning. Terms may be
				  defined in particular Sections for use in that Section.
"Act" - Illinois Governmental Joint Purchasing Act [30 ILCS
				  525].
"Addenda" - A formal change to a Request for Qualification
				  (RFQ) or Request for Proposal (RFP) during the advertisement period in response
				  to prospective proposer questions or as needed to clarify the requirements of
				  the RFQ or RFP.
"Alternative Technical Concepts"
or "ATC"
-
A
proposed deviation from the contract requirements
				  set forth in the procurement documents for a Transportation Facility that
				  offers a solution that is equal to or better than the requirements in the
				  procurement documents.
(Section 10 of the ITI Act)
"Amendment" - A written agreement signed by all parties,
				  including a change order, that alters the terms of an existing contract.
"
Best Value
" -
Any selection process
				  in which proposals contain both price and qualitative components and award is
				  based upon a combination of price, qualitative concepts, and other
				  factors.
(Section 10 of the ITI Act)
"Bid" - An offer made by a bidder in response to a contract
				  item advertised in an Invitation for Bids.
"Bidder" - Any person or entity that in fact submits a
				  bid.
"Bureau of Innovative Project Delivery" or "IPD Bureau" - The
				  business unit of the Department established to identify, evaluate, and develop
				  projects that may benefit from innovative approaches, including the use of
				  various forms of project delivery allowable under law including CMGC, DB, PDB,
				  and public-private partnerships.
"Candidate Project" - A project selected from the Multi-year
				  Highway - Multimodal Improvement Program that is under consideration for
				  delivery through CMGC, DB, or PDB.
"Candidate Projects List" - Projects deemed suitable for
				  CMGC, DB, or PDB delivery through the IPD Program.
"Change Order" - A change in a contract term, other
				  than as specifically provided for in the contract, which authorizes or
				  necessitates any increase or decrease in the cost of the contract or the time
				  for completion for procurements subject to the jurisdiction of the Chief
				  Procurement Officers appointed pursuant to Section 10-20.
(Section
				  1-15.12 of the Code)
"Chief Procurement Officer" or "CPO" - The person appointed
				  under Section 1-15.15(2) of the Code.
"Code" - Illinois Procurement Code [30 ILCS 500].
"Consensus Score" - A numerical score used to rank proposer's
				  submissions, such as SOQs and proposals, that is determined collectively by the
				  IPD Evaluation Committee.
"Construction Agency" - The Illinois Department of
				  Transportation for construction or maintenance of roads, highways, bridges and
				  airports as an agency that enters into construction contracts as authorized by
				  law or by delegation from the CPO. (See Section 1-15.25 of the Code.)
"Construction Manager/General Contractor"
or
				  "CMGC Contractor" -
A proposer that has entered into a Construction
				  Manager/General Contractor contract
with the Department under the ITI
				  Act
.
(Section 10 of the ITI Act)
"Construction Manager/General Contractor
				  Contract"
or "CMGC Contract" -
A two-phase contract between
				  the Department and a Construction Manager/General Contractor that includes a
				  first phase addressing preconstruction services and a second phase addressing
				  the construction of the transportation facility.
(Section 10 of the
				  ITI Act)
"
Construction Manager/General Contractor Project
				  Delivery Method"
or "CMGC" -
A method of procurement and
				  contracting that makes a Construction Manager/General Contractor who enters
				  into a contract with the
Department
responsible for certain
				  preconstruction services and then, if the parties reach agreement on key terms,
				  responsible for construction of the transportation facility.
(Section
				  10 of the ITI Act)
"Construction Oversight Team" or "COT" - The person, firm,
				  corporation, organization, partnership or association, however organized,
				  responsible for providing design reviews, construction acceptance, oversight of
				  utility relocations, independent quality assurance surveys, independent
				  material testing, documentation of construction, risk management, and oversight
				  of construction activities, including construction management, maintenance of
				  traffic, permit compliance, and other services which may include: value
				  engineering, stakeholder coordination, or public involvement management, who is
				  either part of the internal Department staff or procured as a consultant by the
				  Department.
"Construction-related Professional Services" - Those
				  services within the scope of the practice of architecture, professional
				  engineering, structural engineering, or land surveying, as defined in the
				  Illinois Architecture Practice Act of 1989
[225 ILCS 305]
, the
				  Professional Engineering Practice Act of 1989
[225 ILCS 325]
,
				  the Illinois Professional Land Surveyor Act of 1989
[225 ILCS
				  330]
, or the Illinois Structural Engineering Practice Act of
				  1989
[225 ILCS 340]
.
(Section 57 of the ITI
				  Act)
"Construction-related Services" - Those services
				  including design, layout, inspection, support, feasibility or location study,
				  research, development, planning, or other investigative study undertaken by a
				  construction agency concerning construction or potential construction.
(Section 1-15.20 of the Code)
"Construction Support" - All equipment, supplies, and
				  services that are necessary to the operation of a construction agency's
				  construction program. Construction Support does not include
				  construction-related services.
(Section 1-15.20 of the Code)
"Contract" - In addition to the definition of contract set
				  forth in Section 1-15.30 of the Code, a contract is the written agreement
				  entered into at the discretion of the SPO between the Department and the
				  contractor comprising such documents as set forth in each individual agreement,
				  including change orders, contract adjustments, and renewals, and setting forth
				  the obligations of the parties for the performance of the contract.
"Contract Adjustment" - A written price adjustment that adds
				  to or deducts from a contract in accordance with provisions included in the
				  original contract, including but not limited to increases or decreases in
				  quantities, incentives, changed conditions and the addition of missing pay
				  items called for in the specifications.
"Contract Documents" - The comprehensive set of documents
				  that contain the commercial and technical requirements the project delivery
				  partner must comply with. This includes the CMGC Contract, DB Contract, or PDB
				  Contract and related exhibits, which may include the Technical Provisions,
				  Developer Proposal, and other pertinent documents.
"Contractor" - Any person, firm, corporation, organization,
				  partnership or association, however organized, and its affiliates, including
				  its owners, directors, officers, partners, managers, key employees and others
				  engaged in primary managerial or supervisory positions.
"Day" - A calendar day.
"Department" - The Illinois Department of
				  Transportation.
"Design-build Contract"
or "DB Contract" -
A contract between the
Department
and a design-builder
				  under which the design-builder agrees to furnish architectural, surveying,
				  engineering, construction, and related services for a Transportation
				  Facility.
(Section 10 of the ITI Act)
"Design-build Project Delivery Method"
or
				  "DB"
- A method of procurement and contracting that provides
				  responsibility within a single contract between the
Department
and a design-builder for the furnishing of architectural, surveying,
				  engineering, construction, and related services for a transportation
				  facility.
(Section 10 of the ITI Act)
"Design-bid-build Project Delivery Method"
or "DBB" -
The traditional method of procuring and contracting for
				  design services and construction services used separately in this State that
				  incorporates the
QBS
and the principles of competitive bidding
				  under the
Code
.
(Section 10 of the ITI Act)
"Design-Builder" - A proposer that has entered into a
				  DB contract with the Department under
the ITI
Act.
(Section 10 of the ITI Act)
"Electronic Procurement" - Conducting all or some of
				  the procurement function over the internet.
(Section 1-15.40 of the
				  Code)
"Emergency Contract" - The initial written agreement for an
				  emergency procurement.
"Emergency Statement" - The statement filed by the CPO with
				  the Procurement Policy Board and the Auditor General setting forth the actual
				  or estimated amount expended, the name of the contractor involved, and the
				  conditions and circumstances requiring the emergency procurement. (See Section
				  20-30(c) of the Code.)
"Engineer of Record" or "EOR" - The person, firm,
				  corporation, organization, partnership or association, however organized,
				  responsible for signing and sealing the plans and specifications and provides
				  design services throughout the project including Phase I design, Phase II
				  design, and design support during construction, who is either part of the
				  internal Department staff or procured as a consultant by the Department.
"Evaluation Criteria" - The standards and
				  requirements established by the
Department
against which the
				  qualifications and proposals of a proposer will be assessed during the
				  procurement of a
CMGC, DB, or PDB contract
, as
				  applicable.
(Section 10 of the ITI Act)
"FHWA" - The Federal Highway Administration.
"General Contractor" or "GC" - Lead contractor under a CMGC
				  contract responsible for self-performing construction phase services and
				  supervising subcontractors during the construction services phase.
"Germane" - In relationship to the modification, alteration
				  or amendment of the terms of a contract by change order, the term "germane"
				  means a change that is related to the original terms of the contract but that
				  is not so substantial a departure from the original as to constitute a new
				  contract.
"Governmental Unit" - The State of Illinois, any
				  State agency as defined in Section 1-15.100 of the Illinois Procurement Code,
				  officers of the State of Illinois, any public authority that has the power to
				  tax, or any other public entity created by statute.
(Section 1-15.47
				  of the Act)
"Guaranteed Maximum Price" or "GMP" - A not-to-exceed price
				  for construction of a project under a CMGC contract or PDB contract.
"Independent Cost Estimator" or "ICE" - The person, firm,
				  corporation, organization, partnership or association, however organized, who
				  provides independent cost estimates based on any given submittal received from
				  the CMGC, DB, or PDB contractor, and is either part of the internal Department
				  staff or procured as a consultant by the Department.
"Instructions to Proposers" or "ITP" - Procurement document
				  issued with the RFP providing project specific instructions and requirements
				  for proposers to submit a compliant proposal.
"IPD Bureau Chief" - Leads the day-to-day activities of the
				  IPD Bureau and reports directly to the IDOT Director of the Office of Planning
				  and Programming, which coordinates with and advances the goals and objectives
				  of the Secretary for program development.
"
IPD
Evaluation Committee" - The
				  committee assembled to evaluate and score statements of qualifications and
				  proposals for projects
under the IPD Program
.
(Section 10 of the ITI Act)
"IPD Program" - The collective activities and functions
				  undertaken by the Department in the administration of CMGC, DB, and PDB
				  projects under the ITI Act.
"ITI Act" - The Innovations for Transportation Infrastructure
				  Act [630 ILCS 10].
"Lump Sum" - A fixed price for construction of a project
				  based on plans and specifications under a CMGC contract or PDB contract.
"Master Contract" - A definite or indefinite quantity
				  or requirements contract awarded in accordance with the Code, against which
				  subsequent orders may be placed to meet the needs of the Department. A master
				  contract may be for use by the Department or for multiple State purchasing
				  entities and other entities as authorized under the Governmental Joint
				  Purchasing Act.
(Section 1-15.47 of the Code)
"Multiple Award" - An award that is made to 2 or
				  more
proposers,
bidders or offerors for similar supplies,
				  services, or construction-related services.
(Section 1-15.48 of the
				  Code)
"Multi-year Contract" - A multi-year contract is a contract
				  with a time of performance of more than 12 months.
"Multi-year Highway - Multimodal Improvement Program" or
				  "MYP" - The Department's improvement plan for Illinois' transportation system
				  within a proposed six-year period.
"No-cost Contract" - A contract in which the State of
				  Illinois does not make a payment to, or receive a payment from, the vendor, but
				  the vendor has the contractual authority to charge an entity other than the
				  State of Illinois for supplies or services at the State's contracted rate to
				  fulfill the State's mandated requirements.
(Section 1-15.49 of the
				  Code)
"Notice of Intent" or "NOI" - A written advertisement issued
				  by the Department to inform industry of an upcoming procurement for a CMGC, DB
				  or PDB project. The NOI will include a description of the proposed procurement
				  and project to be procured.
"Offerors" - For purposes of this Part, includes only persons
				  or entities submitting proposals that are acceptable or potentially acceptable.
				  The term does not include persons or entities who submitted unacceptable
				  proposals.
"Participant Procuring Entity" - Any entity, including any
				  state, that actively contributes to the procurement, such as assisting in the
				  development of specifications, being a member of the evaluation committee,
				  being a required approver of the proposed award, or engaging in other similar
				  activities that assist with a procurement.
"Phase I" - Preliminary engineering and environmental
				  studies.
"Phase II" - Final design, preparation of construction
				  contract and related documents, and right-of-way acquisition (if
				  required).
"Phase III" - Construction and project commissioning.
"Piggyback Contract" - A form of cooperative purchasing
				  through which the Department is extended the pricing and terms of a contract
				  entered into by another state, another state agency or public department of
				  this or any other state, the federal government, or a group purchasing
				  organization.
"PPB" - The Procurement Policy Board created by Section 5-5
				  of the Code.
"
Preconstruction
Phase
Services"
-
All non-construction-related services that
				  a CMGC contractor
or PDB contractor
is required to perform
				  during the first phase of a CMGC contract
or a PDB contract
,
				  and may include, but is not limited to, giving advice to the
Department
regarding scheduling, work sequencing, cost engineering,
				  constructability, cost estimating, and risk identification.
(Section
				  10 of the ITI Act)
"Procurement Compliance Monitor" or "PCM" - The person
				  appointed under Section 10-15 of the Code.
"Procurement Documents" - Encompasses the comprehensive set
				  of documents that contain the commercial and technical requirements the project
				  delivery partner must comply with. This includes but may not be limited to the
				  Requests for Qualifications (RFQ), Instructions to Proposers (ITP), Request for
				  Proposals (RFP), Technical Provisions (TP), and the contract.
"Procurement Engineer" or "PCE" - The person, firm,
				  corporation, organization, partnership or association, however organized,
				  responsible for providing preliminary engineering and procurement support
				  services to the Department in the planning and execution of projects within the
				  IPD Program, who is either part of the internal Department staff or procured as
				  a consultant by the Department.
"Progressive Design-Build Project Delivery
				  Method"
or "PDB" -
A type of Design-Build project delivery
				  method that consists of 2 phases, with the first phase including budget-level
				  design development, preconstruction services, and negotiation of a contract
				  price (either
lump sum
or
GMP
). The second
				  phase consists of final design, construction, and commissioning of the
				  project
by the PDB contractor under the PDB contract. (Section 10 of
				  the ITI Act)
"Progressive Design-Build Contract" or "PDB Contract" - A
				  contract between the Department and a Progressive Design-Build Contractor under
				  which the Progressive Design-Build Contractor agrees to design, construct, and
				  commission the project.
"Progressive Design-Build Contractor" or "PDB Contractor" - A
				  proposer that has entered into a PDB contract with the Department under the ITI
				  Act.
"Progressive Design-Build Project" or "PDB Project" - A
				  project procured by the Department using the progressive-design project
				  delivery method.
"Project Delivery Selection Report" - A report that documents
				  the results of the screening process and readiness assessment to support the
				  decision to include a candidate project in the candidate projects list.
"Proposal" - A response to a Request for Proposals.
"Proposer"
-
Any individual, sole
				  proprietorship, firm, partnership, joint venture, corporation, professional
				  corporation, or other entity legally established to conduct business in this
				  State that proposes to be the
CMGC, DB, or PDB contractor
for
				  any transportation facility under
the ITI
Act.
(Section 10 of the ITI Act)
"Purchasing Agency" - A State agency that enters into
				  a contract at the direction of a State purchasing officer or a chief
				  procurement officer.
(See Section 1-15.70 of the Code.)
"QBS Act" - Architectural, Engineering, and Land Surveying
				  Qualifications Based Selection Act [30 ILCS 535].
"Qualifications Based Selection" or "QBS" - The evaluation
				  and selection of a Proposer based solely on qualifications without
				  consideration for price.
"Renewal" - An agreement between the parties to a contract to
				  authorize an additional contract period under the terms and conditions of the
				  renewal provision in the original contract.
"Request for Information" or "RFI" - The process of
				  requesting information from interested parties to aid the State in decision
				  making. An RFI is not a procurement method and does not result directly in the
				  award of a contract.
"Request for Proposals" or "RFP" - The document
				  issued by the
Department
to solicit proposals and describe the
				  procurement process for a
DB Contract, PDB contract or CMGC contract
in accordance with the design-build project delivery method,
Progressive Design-Build project delivery method
or the Construction
				  Manager/General Contractor project delivery method, as applicable.
(Section 10 of the ITI Act)
"Request for Qualifications" or "RFQ" - The document
				  issued by the
Department
in the first phase of a two-phase
				  procurement to solicit qualifications from
Proposers
in
				  accordance with the Design-Build project delivery method,
Progressive
				  Design-Build project delivery method
or the Construction
				  Manager/General Contractor project delivery method, as applicable.
(Section 10 of the ITI Act)
"Responsible" - The capability, integrity and reliability of
				  a bidder, offeror or contractor that, in all respects, will assure good faith
				  performance to undertake and complete fully the requirements of a
				  contract.
"Responsive" - In the context of bidding procedures, the
				  compliance in all meaningful, material respects with the Invitation for
				  Bids.
"Satisfactory Evidence of Compliance" - A bidder's or
				  proposer's certification or other assurance of compliance in the contract bid
				  proposal will constitute satisfactory evidence of compliance and will allow a
				  bidder to be considered a responsible bidder or proposer on a construction
				  contract under Section 30-22 of the Code.
"Secretary"
-
The Secretary of the
				  Illinois Department of Transportation.
(Section 10 of the ITI
				  Act)
"Solicitation" - The document (e.g., RFQ or RFP) posted to
				  the Bulletin requesting interested contractors or vendors to submit a statement
				  of qualifications, or proposal for evaluation by the State. An RFI is not
				  considered a solicitation.
"Special Provisions" - Additions and revisions to the
				  Standard Specifications for Road and Bridge Construction and the Supplemental
				  Specifications and Recurring Special Provisions (see the Department's website
				  at
http://www.idot.illinois.gov/transportation-system/transportation-management/planning/innovative-project-delivery/resources.html
applicable to an individual contract.
"Specifications" - The body of directions, provisions, and
				  requirements for performance of prescribed work. Specifications include and may
				  be referred to as the Standard Specifications, which is a Department
				  publication of specifications approved for general application and repetitive
				  use.
"State Purchasing Officer" or "SPO" - The person appointed
				  under Section 10-10 of the Code.
"Statement of Qualifications" or "SOQ" - A formal response to
				  an RFQ submitted by interested parties seeking to compete for the right to
				  receive an RFP and submission of a proposal.
"Stipend" - A payment made by the Department to unsuccessful
				  proposers who submitted a compliant proposal in exchange for authorization for
				  the Department to utilize the content of their proposal in further development
				  of projects.
"Subcontract" - A contractual agreement between a person or
				  entity and a person or entity who has a contract subject to the Code and this
				  Part, pursuant to which the subcontractor assumes obligation for performing
				  specified work. (See Section 1-15.107 of the Code.)
"Subcontractor" - A person or entity that enters into a
				  contractual agreement with a total value of $50,000 or more with a contractor
				  who has a contract subject to the Code. (See Section 1-15.108 of the
				  Code.)
"Supplemental Specifications" - Additions and revisions to
				  the Department's Standard Specifications.
"
Transportation Facility" -Any new or
				  existing facility or group of facilities that are the subject of a design-build
				  contract
, progressive design-build contract
or a Construction
				  Manager/General Contractor contract, and includes highways, roads, bridges,
				  tunnels, overpasses, bus ways, guideways, ferries, airports or other aviation
				  facilities, public transportation facilities, vehicle parking facilities, port
				  facilities, rail facilities, stations, hubs, terminals, intermodal facilities,
				  transit facilities, or similar facilities used for the transportation of
				  persons or goods, together with any buildings, structures, parking areas,
				  appurtenances, intelligent transportation systems, and other property or
				  facilities related to the operation or maintenance of these
				  facilities.
(Section 10 of the ITI Act).