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 L - ILLIANA EXPRESSWAY PROCUREMENT › Section 6.905 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
As used throughout this Subpart, terms defined in the
				  Illinois Procurement Code and the Act have the same meaning as in the Code or
				  the Act and as further defined in this Subpart. Each term in this Subpart has
				  the meaning set forth as follows unless its use clearly requires a different
				  meaning.
"Act" means the Public Private Agreements for the Illiana
				  Expressway Act [605 ILCS 130 ].
"Agreement" means a public private agreement. (Section 10 of
				  the Act)
"Best Value Selection" means any selection process in which
				  proposals contain both price and qualitative components and award is based upon
				  a combination of price and qualitative considerations. (See
				  23 CFR
				  636.103.)
"COGFA" means the Commission on Government Forecasting and
				  Accountability.
"Chief Procurement Officer" or "CPO" means the person
				  appointed under Section 1-15.15(2) of the Code.
"Clarifications" means a written or oral exchange of
				  information that takes place after the receipt of proposals. The purpose of a
				  clarification is to address minor, non-material or clerical revisions in a
				  proposal. (See
				  23 CFR
				  636.103.)
"Code" means the Illinois Procurement Code [30 ILCS 500
				  ].
"Contractor" means a person that has been selected to enter
				  or has entered into a public private agreement with the Department on behalf of
				  the State for the development, financing, construction, management, and any or
				  all of the operation of the Illiana Expressway pursuant to the Act. (Section 10
				  of the Act)
"Department" means the Illinois Department of Transportation.
				  (Section 10 of the Act)
"Discussions" means written or oral exchanges that take place
				  with the short listed offerors. (See
				  23 CFR
				  636.103.)
"Final Proposal" means the technical proposal and cost
				  proposal that will be the basis for award.
"Illiana Expressway" means the fully access-controlled
				  interstate highway connecting Interstate Highway 55 in northeastern Illinois to
				  Interstate Highway 65 in northwestern Indiana, which may be operated as a toll
				  or non-toll facility. (Section 10 of the Act)
"Interim Agreements" means an agreement entered into with the
				  contractor prior to or in connection with the negotiation of the public private
				  agreement. (Section 30 of the Act)
"Manage" means conducting, supervising or maintaining
				  services under the public private agreement.
"Offeror" means a person that responds to a request for
				  proposals under this Subpart and as part of a competitive request for proposals
				  process. The term offeror may include potential offerors identified as short
				  listed persons from the qualifications process. (Section 10 of the Act)
"Operation" means performance of management activities for
				  the Illiana Expressway, including, but not limited to, user fees, maintenance
				  and traffic control.
"Person" means any individual, firm, association, joint
				  venture, partnership, estate, trust, syndicate, fiduciary, corporation, or any
				  other legal entity, group, or combination thereof. (Section 10 of the
				  Act)
"PPB" means the Procurement Policy Board created by Section
				  5-5 of the Code.
"Prequalification" means the rating process established by
				  the Department that requires all prospective bidders or offerors to be
				  permitted to submit bids or offers in accordance with 44 Ill. Adm. Code 650 or
				  Chapter 8 of the Department's Bureau of Design and Environment Manual (manual).
				  The manual is available on the Department's website at
http://www.dot.il.gov/desenv/bdemanual.html
.
"Proposal" means a response to a Request for Proposals and
				  includes draft and final proposals if provided for in the RFP.
"Public Private Agreement" means an agreement or contract by
				  the Department on behalf of the State and all schedules, exhibits, and
				  attachments thereto, entered into pursuant to a competitive Request for
				  Proposals process governed by this Subpart for any or all of the development,
				  financing, construction, management, and operation of the Illiana Expressway.
				  (Section 10 of the Act)
"Qualifications" means whether a person has the necessary
				  prerequisites to compete for work contemplated for the Illiana Expressway,
				  including, but not limited to, qualifications related to experience and
				  knowledge of public private partnerships.
"Request for Proposals" or "RFP" means the process by which
				  the Department requests information from offerors, including all documents,
				  whether attached or incorporated by reference, used for soliciting proposals.
				  (See
				  30 ILCS
				  500/1-15.75.)
"Request for Qualifications" or "RFQ" means the document
				  issued by the Department in Phase I of a two-phased selection process. An RFQ
				  typically describes the project in enough detail to allow potential offerors to
				  determine if they wish to compete and, also, forms the basis for requesting
				  qualifications submissions from which the most highly qualified offerors can be
				  identified. (See
				  23 CFR
				  636.103.)
"Responsible" means the capability, integrity and reliability
				  of an offeror or contractor that, in all respects, will assure good faith
				  performance to undertake and complete fully the requirements of a
				  contract.
"Responsive" means, in the context of procurement procedures,
				  compliance in all meaningful, material respects with the RFP.
"Revenue Sharing" means all revenues divided between the
				  Department and the contractor, including, but not limited to, income; user
				  fees; earnings; interest; lease payments; allocations; moneys from the federal
				  government, the State, and units of local government, including but not limited
				  to federal, State, and local appropriations, grants, loans, lines of credit,
				  and credit guarantees; bond proceeds; equity of credit and credit guarantees;
				  equity investments; service payments; or other receipts arising out of or in
				  connection with the financing, development, construction, management, or
				  operation of the Illiana Expressway. (Section 10 of the Act)
"Short Listing" means the narrowing of the field of offerors
				  through the selection of the most highly qualified offerors who have responded
				  to an RFQ. (See
				  23 CFR
				  636.103.)
"Solicitation" means a public notification of the
				  Department's need for information, qualifications or proposals related to
				  identified services. (See
				  23 CFR
				  636.103.)
"State" means the State of Illinois. (Section 10 of the
				  Act)
"Statement of Qualifications" means a document submitted in
				  response to an RFQ.
"Stipend" means a monetary amount that can be paid to
				  unsuccessful offerors. (See
				  23 CFR
				  636.103.)
"Secretary" means the Secretary of the Illinois Department of
				  Transportation. (Section 10 of the Act)
"Technical Proposal" means that portion of the proposal that
				  contains design solutions and other qualitative factors that are provided in
				  response to the RFP.
"Two-Phase Selection Process" means a procurement process in
				  which Phase I consists of short listing (based on qualifications submitted in
				  response to an RFQ) and Phase II consists of the submission of price and
				  technical proposals in response to an RFP. (See
				  23 CFR
				  636.103.)
"User Fees" means the tolls, rates, fees, or other charges
				  imposed by the State or the contractor for use of all or part of the Illiana
				  Expressway. (Section 10 of the Act)