reglab/statecodes huggingface dataset:
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 D - COMPETITIVE SEALED BID PROCEDURES › Section 6.160 - Preparation of Bids

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Bidders shall follow all instructions included in the Invitation for Bids and
				bid forms for submission of bids on the contract item for which bids are
				sought.
b) Bidders shall submit
				their bids in the manner required by the Invitation for Bids.
c) Unless otherwise provided, all prices
				shall be given in dollars and cents. Separate prices shall be entered for all
				pricing items indicated in the bid form. When alternate bids are sought for a
				particular contract item, the alternates will be identified in the bid form. A
				bid on every alternate is not required unless otherwise specifically provided.
				When required by the Invitation for Bids, the bidder shall indicate a unit
				price for each of the separate price items called for in the bid form. The
				bidder may be required to show the products of the respective quantities and
				unit prices in a space provided for that purpose, and a gross sum shown in the
				place indicated in the bid form as the summation of those products. All writing
				shall be in a permanent, noneraseable form, except the signature of the bidder,
				which shall be written in permanent, noneraseable ink. Electronic signatures
				will be accepted for electronically submitted bids in accordance with the
				security standards established by the Department of Central Management
				Services. (See
				5 ILCS
				175/25-101(c) and 14 Ill. Adm. Code
				105.300.)
d) When required by the Invitation for Bids,
				each bid shall be accompanied by a bid bond in the form provided by the
				Department with the bid form package. The bid bond shall be made and tendered
				by a surety acceptable to the CPO in the amount stated in the Invitation for
				Bids. The Department will accept a bank cashier's check or a certified check in
				lieu of a surety bid bond.
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 D - COMPETITIVE SEALED BID PROCEDURES › Section 6.170 - Delivery of Bids

Current through Register Vol. 48, No. 28, July 12, 2024
Bids shall be sealed and submitted in the manner specified or
				  allowed by the Invitation for Bids. When sent by mail, the sealed bid shall be
				  addressed to the CPO at the address and in care of the official in whose office
				  the bids are to be received. All bids shall be delivered and received by the
				  CPO prior to the time and at the place specified in the Invitation for Bids.
				  The date and time of receipt will be recorded. Bids will remain sealed and will
				  be stored in a secure place until the date and time established for bid
				  opening. The Department will not accept paper bids nor receive electronic bids
				  after the time stated in the Invitation for Bids.
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 D - COMPETITIVE SEALED BID PROCEDURES › Section 6.180 - Change or Withdrawal of Bids

Current through Register Vol. 48, No. 28, July 12, 2024
An authorized agent of a bidder may change or withdraw a bid
				  if written or in-person notice of the change or withdrawal is received by the
				  Department before the time specified for submission of bids. No change or
				  withdrawal is allowed after bid opening except as provided in Section
				  6.230. Changes must be
				  initialed in ink by the bidder. (See Section 20-10(f) of the
				  Code.)
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 D - COMPETITIVE SEALED BID PROCEDURES › Section 6.190 - Combination Bids for Construction Contracts

Current through Register Vol. 48, No. 28, July 12, 2024
a) A combination bid is a total bid received
				on two or more contract items. No combination bids other than those
				specifically established by the Department will be considered. Separate bid
				forms will be issued for each contract item in the combination. Bids may be
				submitted on the combination as well as on the separate contract items of the
				combination. The CPOreserves the right to make awards on combination bids or
				separate contract item bids.
b) If
				a combination bid is submitted on two or more contract items, separate bids on
				each individual contract shall also be submitted, and unless separate bids are
				so submitted the combination bid will not be considered. If the bidder intends
				to submit a combination bid, the bidder shall state, in the place provided in
				the bid form, the amount of the combination bid for the entire
				combination.
c) If a combination
				bid is submitted on any stipulated combination, and errors are found to exist
				in computing the gross sum bid on any one or more of the individual bids,
				corrections will be made by the CPO and the amount of the combination bid will
				be corrected so that it will be in the same proportion to the sum of the
				corrected gross sum bid as the combination bid submitted was to the sum of the
				gross sum bid submitted.
d) The
				following provisions govern combination bidding:
1) When a combination bid is submitted and
				awarded for two or more contract items, the combination bid price will be
				prorated against each contract item in proportion to the bid price submitted
				for each individual contract item.
2) Separate contracts will be executed for
				each individual contract item included in the combination.
3) The completion time for all contracts
				awarded on a combination bid will be the latest completion time designated in
				any of the contracts included in the combination, unless otherwise provided in
				the contracts.
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 D - COMPETITIVE SEALED BID PROCEDURES › Section 6.200 - Pre-Bid Conferences

Current through Register Vol. 48, No. 28, July 12, 2024
Pre-bid conferences may be conducted to enhance understanding
				  of the procurement requirements. They will be announced in the Bulletin. The
				  conference should be held long enough after the Invitation for Bids has been
				  issued to allow bidders to become familiar with the project, but sufficiently
				  before bid opening to allow consideration of the conference results in
				  preparing their bids. Only the written minutes of the conference shall be
				  binding. Nothing stated in the pre-bid conference shall change the Invitation
				  for Bids unless a change is made by written amendment to the Invitation for
				  Bids. Minutes of the conference will be available upon request to all those
				  prospective bidders known to have received an Invitation for Bids. If the
				  conference is mandatory, the minutes shall be supplied to attendees
				  only.
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 D - COMPETITIVE SEALED BID PROCEDURES › Section 6.210 - Public Opening of Bids

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Bids shall be opened publicly or through an electronic procurement system at
				the time and place specified in the Invitation for Bids. (See Section 20-10(d)
				of the Code.)
b) The name of each
				bidder and the price term of each bid will be read aloud and/or recorded in a
				tabulation of bids for each contract item advertised.
c) After execution of the contract, the
				tabulation of bids in the total amount and unit price items, if applicable, of
				all bidders will be available for public inspection.
d) The Department or CPO may postpone a bid
				opening if unforeseen circumstances arise (e.g., severe weather, natural
				disaster, power or network outage).
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 D - COMPETITIVE SEALED BID PROCEDURES › Section 6.220 - Consideration of Bids

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				After the bids are opened and recorded, the bids will be reviewed for
				responsiveness to the Invitation for Bids, conformity with all requirements
				prescribed in this Part, and satisfactory evidence of compliance. If unit
				prices are required, the bids will be compared on the basis of the summation of
				the products of the quantities shown in the bid schedule by the unit bid
				prices.
b) The right is reserved by
				the Department to reject any or all bids, to waive minor informalities or
				technicalities, to advertise for new bids, or to request confirmation or
				clarification from any bidder regarding information contained in a
				bid.
c) Reasons for rejection of
				all bids include but are not limited to:
1)
				The object of the contract being procured is no longer required.
2) The contract provisions require
				amendment.
3) The solicitation did
				not provide for consideration of all factors of significance to the
				Department.
4) The bid prices
				exceed available funds or the bid prices exceed the anticipated estimate of
				costs to the extent that, in the judgment of the Department, prices are
				unreasonable.
5) Evidence of
				collusion among bidders.
6) Actions
				or events beyond the control of the Department, such as strikes, acts of God,
				material shortages, acts of the public enemy or litigation, would have an
				adverse effect on the completion of the anticipated contract.
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 D - COMPETITIVE SEALED BID PROCEDURES › Section 6.230 - Mistakes

Current through Register Vol. 48, No. 28, July 12, 2024
a) If a bidder claims a
				mistake in its bid, the bid may be withdrawn in accordance with this Section
				without payment of damages to the Department as provided in the terms of a bid
				bond or other bid security, provided the bidder claiming the mistake
				demonstrates to the CPO with competent and reliable evidence:
1) that the claimed mistake is related to a
				material feature of the contract;
2) that the mistake would have serious,
				material consequences to the bidder such that enforcement of a contract would
				be unconscionable;
3) that the
				mistake occurred notwithstanding the exercise of reasonable care by the bidder;
				and
4) that the bidder has raised
				the claim of a mistake without delay in order to prevent the CPO from altering
				its position in such a manner that loss to the State would occur.
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 D - COMPETITIVE SEALED BID PROCEDURES › Section 6.240 - Award After Bid Evaluation

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Unless all bids are rejected, an award notification will be made to the lowest
				responsible bidder whose bid is responsive to and conforms with the
				requirements and criteria of the invitation. Tie bids will be decided by lot.
				All responsibility, responsiveness, and price factors are considered so as to
				select the bid most advantageous to the State. An individual contract item
				advertised in an Invitation for Bids may state other, additional award and
				evaluation criteria that will be capable of objective consideration for award.
				(See Section 20-10(g) of the Code.)
b) Responsibility of bidders for construction
				contracts is determined in accordance with the Department's rules for
				Prequalification of Contractors, Authorization to Bid, and Subcontractor
				Registration found at 44 Ill. Adm. Code 650.
c) For nonconstruction contracts, the
				responsibility of bidders will be determined based upon the following factors
				unless some other or additional factors or prequalification procedures are
				stated in the Invitation for Bids.
1) The
				bidder shall possess the appropriate financial, material, equipment, facility
				and personnel resources and expertise necessary to meet all contractual
				obligations.
2) The bidder shall
				have a satisfactory record of performance, including but not limited to a sound
				record of integrity and business ethics.
3) The bidder shall be under no legal
				disability of any kind to contract with the State.
4) The bidder shall have submitted all
				information requested by the Invitation for Bids concerning
				responsibility.
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 D - COMPETITIVE SEALED BID PROCEDURES › Section 6.250 - Split and Multiple Awards

Current through Register Vol. 48, No. 28, July 12, 2024
a) The CPO may advertise a contract for a
				potential split award of a definite quantity requirement between two or more
				bidders. The Invitation for Bids will advise of the reservation of split awards
				and the basis for dividing the award.
b) The CPO may advertise a contract for
				multiple award of an indefinite quantity when two or more contractors are
				necessary for adequately meeting the Department's needs. The Invitation for
				Bids will advise of the reservation of multiple awards.
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 D - COMPETITIVE SEALED BID PROCEDURES › Section 6.260 - Time for Award

Current through Register Vol. 48, No. 28, July 12, 2024
Unless the Invitation for Bids specifies a different time for
				  bid acceptance, a notification of award will be made in writing dated within 45
				  calendar days after the opening of bids.
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 D - COMPETITIVE SEALED BID PROCEDURES › Section 6.270 - Delay in Award

Current through Register Vol. 48, No. 28, July 12, 2024
Should circumstances be encountered after bid opening that
				  may delay award beyond the 45 day or other advertised period, the responsive
				  bidders may be requested to extend the bid acceptance period.
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 D - COMPETITIVE SEALED BID PROCEDURES › Section 6.275 - Notice of Award

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Notice of the Department's intent to award a contract, with concurrence of the
				SPO, pursuant to this Subpart D will be published in the Bulletin.
b) When the SPO determines that it is not in
				the best interest of the State to award to the lowest responsible and
				responsive bidder whose bid meets the requirements and criteria set forth in
				the invitation for bids, the SPO will provide, by written explanation, for the
				determination that another bidder will receive the award. The written
				explanation will be filed with the Legislative Audit Commission and the PPB. It
				will also be available to the public within 30 days after the decision to award
				the contract. The written explanation must include:
1) A description of the Department's
				needs;
2) A determination that the
				anticipated cost will be fair and reasonable based on engineering
				estimates;
3) A listing of all
				evaluated responsible and responsive bidders; and
4) The name of the bidder selected, pricing,
				and the reasons for selecting that bidder. (Section 20-10(g) of the
				Code)
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 D - COMPETITIVE SEALED BID PROCEDURES › Section 6.280 - Binding Contract

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Once an award has been made, the bidder is bound to perform according to the
				terms and conditions of the contract, the Invitation for Bids and this
				Part.
b) An approved contract
				executed by the CPO is required before the State is bound. An award may be
				canceled any time by the CPO prior to execution in order to protect the public
				interest and integrity of the bidding process or for any other reason if, in
				the judgment of the CPO, the best interests of the State will be
				promoted.
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 D - COMPETITIVE SEALED BID PROCEDURES › Section 6.290 - Requirement of Contract Bond for Construction Contracts

Current through Register Vol. 48, No. 28, July 12, 2024
The successful bidder awarded a construction contract shall
				  furnish the Department a performance and payment bond with good and sufficient
				  sureties in the full amount of the contract as the penal sum. (See the Public
				  Construction Bond Act [30 ILCS 550 ].) The surety shall be acceptable to the
				  CPO, shall waive notice of any changes and extensions of time, and shall submit
				  its bond on the form furnished by the CPO. Performance security for other
				  contracts shall be as stated in the Invitation and contract.
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 D - COMPETITIVE SEALED BID PROCEDURES › Section 6.300 - Execution of Contracts

Current through Register Vol. 48, No. 28, July 12, 2024
a) No
				contract subject to this Subpart D will be executed until the 14-day PPB notice
				period has expired or the Department has received a waiver of the 14-day notice
				period from the PPB. (See Section 5-30 of the Code.)
b) The bid form submitted by the bidders may
				be in such a form that the signature of the bidder on the form is also the
				signature of the bidder for purposes of contract execution. In such
				circumstances, the Department will, after acceptance and approval of the bid
				for contracting purposes, execute the contract and return a copy to the
				bidder.
c) If the contract as bid
				requires additional execution by the bidder, the contract shall be executed by
				the successful bidder and returned, together with any required contract bond,
				within 15 days after the contract has been mailed to the bidder. Failure of the
				successful bidder to execute the contract and file acceptable bonds within 15
				days after the contract has been mailed to the bidder is cause for the
				cancellation of the award and the forfeiture of the proposal guaranty. If the
				contract is not executed by the Department within 30 days following receipt
				from the bidder of the properly executed contract and bond, the bidder shall
				have the right to withdraw the bid without penalty.
d) The CPO or the SPO will execute the
				contract to demonstrate approval of the procurement process.
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 D - COMPETITIVE SEALED BID PROCEDURES › Section 6.310 - Publication of Contracts (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
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 E - COMPETITIVE SEALED PROPOSAL PROCEDURES › Section 6.320 - General Conditions for Use

Current through Register Vol. 48, No. 28, July 12, 2024
The procedures set forth in this Subpart E will be used for
				  all contracts procured by the CPO by competitive sealed proposals supported by
				  a written determination provided to the CPO that competitive sealed bidding is
				  not practicable or not advantageous. (See Section 20-15(a) of the
				  Code.)
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 E - COMPETITIVE SEALED PROPOSAL PROCEDURES › Section 6.340 - Delivery of Proposals

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Proposals shall be sealed and submitted in the manner specified or allowed by
				the Request for Proposals. When sent by mail, the sealed proposal shall be
				addressed to the official mailing address specified in the request. All
				proposals shall be delivered and received by the Department prior to the time
				and at the official address specified in the Request for Proposals. Proposals
				received after the time specified will be returned to the offeror unopened. The
				date and time of receipt will be recorded. Proposals will be held in a secure
				place until the established due date. After the date and time established for
				receipt of proposals, a register of proposals will be prepared that will
				include for all proposals the name of each offeror and a description sufficient
				to identify the supply or service item offered. The register of proposals is
				open to public inspection after award of the contract. Proposals will be
				maintained in a confidential manner during the period prior to execution of a
				contract. (See Section 20-15(f) of the Code.)
b) Proposals will be opened publicly or via
				an electronic procurement system in the presence of at least one witness at the
				time and place indicated, but contents of individual proposals will not be
				disclosed.
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 E - COMPETITIVE SEALED PROPOSAL PROCEDURES › Section 6.350 - Evaluation of Proposals

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The evaluation is based on the evaluation factors set forth in the Request for
				Proposals. Numerical rating systems may be used but are not required. Factors
				not specified in the Request for Proposals will not be considered. For purposes
				of conducting discussions with responsible offerors and for revision of
				proposals, proposals may be initially classified as:
1) acceptable;
2) potentially acceptable, that is,
				reasonably susceptible of being made acceptable; or
3) unacceptable.
Offerors whose proposals are unacceptable will be so
				  notified.
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 E - COMPETITIVE SEALED PROPOSAL PROCEDURES › Section 6.360 - Discussions with Responsible Offerors

Current through Register Vol. 48, No. 28, July 12, 2024
a) Purposes of Discussions. Discussions may
				be held to promote understanding of the Department's requirements and the
				offerors' proposals, and to facilitate arriving at a contract that will be most
				advantageous to the State, taking into consideration price and the other
				evaluation factors set forth in the Request for Proposals. (See Section
				20-15(f) of the Code.)
b) Conduct
				of Discussions. Offerors will be accorded fair and equal treatment with respect
				to any opportunity for discussions and revisions of proposals. If during
				discussions there is a need for any substantial clarification of or change in
				the Request for Proposals, the Request shall be amended to incorporate such
				clarification or change and all offerors advised accordingly. Revealing one
				offeror's price to another and disclosure of any information derived from
				competing proposals are prohibited. Any substantial oral clarification of a
				proposal shall be reduced to writing by the offeror. (See Section 20-15(f) of
				the Code.)
c) Best and Final
				Offers. The Department may establish a common date and time for the submission
				of best and final offers. The Department may conduct additional discussions or
				change the State's requirements and require another submission of best and
				final offers. If an offeror does not submit either a notice of withdrawal or
				another best and final offer, that offeror's immediately previous offer will be
				construed as its best and final offer.
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 E - COMPETITIVE SEALED PROPOSAL PROCEDURES › Section 6.370 - Award

Current through Register Vol. 48, No. 28, July 12, 2024
a) An award will be
				made pursuant to a written determination by the SPO, retained in the
				procurement file, showing the basis on which the award was found to be most
				advantageous to the State, based on the factors set forth in the Request for
				Proposals, and taking into consideration price. (See Section 20-15(g) of the
				Code.)
b) Nothing shall compel the
				award of a contract. Contract execution will be as specified in the Request for
				Proposals. A solicitation may be canceled at any time when such action is
				determined in the sole judgment of the Department to be in the best interest of
				the State.
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 E - COMPETITIVE SEALED PROPOSAL PROCEDURES › Section 6.380 - Execution of Contracts

Current through Register Vol. 48, No. 28, July 12, 2024
No contract subject to this Subpart E will be executed until
				  the 14-day PPB notice period has expired or the Department has received a
				  waiver of the 14-day notice period from the PPB.
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 F - CONTRACT ADMINISTRATION › Section 6.385 - Expenditure in Excess of Contract Price

Current through Register Vol. 48, No. 28, July 12, 2024
a) No funds in excess of the contract price
				may be obligated or expended by change order or contract adjustment unless the
				additional work to be performed or materials to be furnished are germane to the
				original contract.
b) A
				construction contract change order may cause the obligation or expenditure of
				funds in excess of the original contract amount provided the subject of the
				change order is germane to the original contract and the Department determines
				the additional expenditure is approved in accordance with Section 30-35 of the
				Code. The Department will approve construction contract change orders without
				supplemental procurement procedures in accordance with the following
				requirements and thresholds.
1) A
				construction contract change order that is germane and that causes the
				obligation or expenditure in excess of the amounts in Section 30-35(b) of the
				Code will not be authorized without supplemental procurement procedures unless
				the scope of the change order is approved as provided in Section 30-35 of the
				Code.
2) Determination of
				germaneness and the amount of additional expenditure or obligation thresholds
				will be determined in accordance with this Part and Section 30-35 of the
				Code.
3) Prior written approval or
				disapproval will be made by the Department in accordance with the threshold
				amounts established in Section 30-35 of the Code, and in all cases if the
				contemplated construction contract change order will cause an expenditure or
				obligation of funds of more than $100,000 in excess of the contract price even
				though the threshold levels provided in Section 30-35 of the Code do not
				require such action. The written approval will state the reasons for the
				additional obligation or expenditure and the basis for the germaneness
				determination.
4) For purposes of
				determining the scope of the change order and the value thereof that is subject
				to the requirements of this Section, the Department will consider the total net
				value of all added and deducted work functions related to the object of the
				change order and the work of the contract to be affected.
5) Notice of approved construction contract
				change orders in excess of $100,000 will be published in the
				Bulletin.
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 F - CONTRACT ADMINISTRATION › Section 6.388 - Continuing Disclosure

Current through Register Vol. 48, No. 28, July 12, 2024
a)
Every person that has entered into a contract for more than one year in
				duration for the initial term or for any renewal term shall certify, by January
				1 of each fiscal year covered by the contract, after the initial fiscal year,
				to the Chief Procurement Officer any changes that affect its ability to satisfy
				the requirements of
Article 50 of the Code. (Section 50-2 of the
				Code)
b) If a contractor or
				subcontractor continues to meet all requirements of Article 50 of the Code, or
				if the contract has been substantially completed before the contract expiration
				and the contract has not yet expired, the certification under subsection (a) is
				not required.
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 G - PROTESTS › Section 6.390 - Application

Current through Register Vol. 48, No. 28, July 12, 2024
The procedures of this Subpart G will govern the resolution
				  of protests received by the CPO from an interested party concerning a contract
				  solicitation.
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 G - PROTESTS › Section 6.400 - Interested Party

Current through Register Vol. 48, No. 28, July 12, 2024
In order to be considered an interested party, the protester
				  must be or have been an actual bidder or offeror who demonstrates compliance in
				  all respects with this Part and the terms of the subject Invitation for Bids or
				  Request for Proposals.
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 G - PROTESTS › Section 6.410 - Subject of the Protest

Current through Register Vol. 48, No. 28, July 12, 2024
a) A
				protest may be filed regarding any phase of the solicitation process for a
				particular contract.
b) The subject
				of the protest shall concern fraud, corruption or illegal acts undermining the
				objectives and integrity of the procurement process.
c) Protest procedures of this Subpart G do
				not apply to issues of prequalification, lack of contractor responsibility,
				suspension or debarment.
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 G - PROTESTS › Section 6.420 - Filing of a Protest

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				All protests shall be in writing and filed with the CPO within 7 calendar days
				after the protester knows or should have known of the facts giving rise to the
				protest. Protests filed after the 7 calendar day period will not be considered.
				In addition, protests that raise issues of fraud, corruption or illegal acts
				affecting specifications, special provisions, supplemental specifications and
				plans must be received by the CPO no later than 14 calendar days before the
				date set for opening of bids.
b)
				The protest shall be contained in an envelope clearly labeled "Protest." The
				written protest shall include as a minimum the following requirements.
1) The name, address, telephone and facsimile
				numbers of the protester.
2) The
				identification of the procurement or solicitation that is the subject of the
				protest.
3) All information
				establishing that the protester is an interested party.
4) A detailed statement of the factual and
				legal grounds of the protest, including all relevant documents and exhibits
				that demonstrate fraud, corruption or illegal acts having the effect of
				undermining the integrity of the procurement process.
5) All information establishing the
				timeliness of the protest.
6) The
				signature of the protester.
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 G - PROTESTS › Section 6.430 - Stay of Action during Protest

Current through Register Vol. 48, No. 28, July 12, 2024
When a protest has been timely filed and before an award has
				  been made, the SPO will make no award of the contract until the protest has
				  been resolved, unless the award of the contract without delay is necessary to
				  protect the interests of the State. When a protest has been filed after an
				  award has been made, the protest will be denied.
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 G - PROTESTS › Section 6.440 - Decision

Current through Register Vol. 48, No. 28, July 12, 2024
a) A decision on a
				protest will be made as expeditiously as possible after receiving all relevant
				information.
b) The protest will be
				sustained only if it is determined by the CPO that the protest conclusively
				demonstrates by the preponderance of relevant information submitted that fraud,
				corruption or illegal acts have occurred that undermine the integrity of the
				procurement process.
c) If the
				protest is sustained, the remedies available are limited to cancellation or
				revision of the solicitation, or readvertisement of the solicitation. Relief
				available does not include award of the contract to the protester.
d) The decision of the CPO is final and
				conclusive unless clearly erroneous, arbitrary, capricious or contrary to law.
				(See Section 20-75 of the Code.) A copy of the decision of the CPO will be
				transmitted to the protester within 14 days after the decision is
				entered.
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 H - SPECIFICATIONS › Section 6.450 - Standard Specifications

Current through Register Vol. 48, No. 28, July 12, 2024
All Department construction contracts will identify the
				  version of the Standard Specifications, applicable to the type of work
				  involved, used by the Department Division undertaking the
				  project.
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 H - SPECIFICATIONS › Section 6.460 - Contract Documents

Current through Register Vol. 48, No. 28, July 12, 2024
For construction contracts, the specifications, supplemental
				  specifications, special provisions and plans will provide the requirements for
				  the categories of work and materials needed for the contract. For all other
				  contracts involving the procurement of supplies, the specifications will be
				  incorporated in the appropriate contract documents.
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 H - SPECIFICATIONS › Section 6.470 - Specification Standards

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Material and product specifications for construction contracts and
				construction-related service contracts that may require the delivery of
				material or products will be used that satisfy the needs of the Department and
				that are developed in accordance with the following standards.
1) Material and product specifications will
				reflect the needs of the Department and will describe the technical or
				performance requirements necessary to complete the contemplated work.
2) Brand-name only product specifications,
				including patented or proprietary products, will not be used, unless:
A) such products may be procured
				competitively with equally suitable nonbrand-name products; or
B) such products are necessary for
				compatibility with existing facilities; or
C) no equally suitable alternate exists;
				or
D) such products are to be used
				for research or for a distinctive type of application for experimental
				purposes.
3) When more
				than one product will fulfill the requirements for an item of work and the
				products are judged by the Department to be of satisfactory quality, and
				equally acceptable on the basis of engineering analysis and estimated price,
				the contract specifications may contain or include by reference a qualified
				products list.
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 I - SUSPENSION OF CONTRACTORS OR SUBCONTRACTORS › Section 6.480 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
The purpose of this Subpart I is to establish the standards
				  and procedures governing the administrative action of suspension that may be
				  taken by the CPO to safeguard the public interest in the solicitation,
				  execution, administration and performance of public contracts or subcontracts.
				  This Subpart applies to all suspension administrative actions taken by the CPO
				  regarding any contractor or subcontractor that has participated, is currently
				  participating or may be expected to participate in any Department contract or
				  subcontracts.
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 I - SUSPENSION OF CONTRACTORS OR SUBCONTRACTORS › Section 6.490 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
As used in this Subpart:
a) "Affiliates" means firms where one
				controls or has the power to control another, or a third party or parties
				controls or has the power to control both.
b) "Hearing Officer" means the CPO or an
				attorney, licensed to practice law in this State, appointed by the
				CPO.
c) "Participation" means to
				enter into or attempt to enter into a contract awarded or approved by the
				Department, irrespective of the method of procurement, or any subcontract,
				material supply agreement or equipment lease transaction in connection with any
				such contract.
d) "Indictment"
				means the charge, information, or other filing by a competent authority
				charging a criminal offense.
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 I - SUSPENSION OF CONTRACTORS OR SUBCONTRACTORS › Section 6.500 - Policy

Current through Register Vol. 48, No. 28, July 12, 2024
In order to protect the public interest in the solicitation,
				  execution and performance of contracts or subcontracts administered by the
				  Department, it is the policy of the Department to conduct business only with
				  contractors or subcontractors of responsible business integrity and honesty.
				  Suspension is a discretionary action imposed in accordance with this Part to
				  serve the public interest and to implement this policy. It may be imposed only
				  for the causes and in accordance with the procedures set forth in this
				  Subpart.
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 I - SUSPENSION OF CONTRACTORS OR SUBCONTRACTORS › Section 6.510 - General

Current through Register Vol. 48, No. 28, July 12, 2024
The CPO may suspend a contractor or subcontractor from
				  participation on any contract or subcontract awarded by or requiring approval
				  or concurrence of the Department upon a determination by the CPO based upon
				  adequate evidence that the contractor or subcontractor has engaged in conduct
				  proscribed by Section
				  6.520.
				  This determination may be predicated on evidence developed by means of an
				  investigation conducted by the CPO or the Department and procurement compliance
				  monitors and the record of any hearing requested and conducted pursuant to this
				  Subpart; by review of the public record containing a criminal conviction, a
				  civil judgment, or an admission under oath of conduct evidencing proscribed
				  conduct including a plea of nolo contendere; or the findings and decisions made
				  in accordance with law by another public agency, or another appointed CPO, that
				  the contractor or subcontractor has engaged in conduct proscribed by Section
				  6.520.
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 I - SUSPENSION OF CONTRACTORS OR SUBCONTRACTORS › Section 6.520 - Causes for Suspension or Debarment

Current through Register Vol. 48, No. 28, July 12, 2024
A contractor or subcontractor may be suspended or debarred
				  from participation due to acts or omissions that indicate that the contractor
				  or subcontractor lacks integrity and honesty in the conduct of business or the
				  performance of contracts. Acts or omissions that indicate the lack of business
				  integrity and honesty include but are not limited to:
a) fraud, bribery, embezzlement, theft,
				collusion, conspiracy, anti-competitive activity or other misconduct and
				offenses prohibited by law whether or not any such misconduct or offense is in
				connection with a Department contract or subcontract or any contract or
				subcontract requiring Department approval;
b) making a material false statement in an
				application for prequalification or any forms or affidavits required as part of
				a prequalification process;
c)
				materially violating any rule or procurement procedure or making a material
				false statement in connection with any rules or procurement procedures of the
				Department;
d) making a material
				false statement, representation, claim or report respecting the character,
				quality, quantity, or cost of any work performed or materials furnished in
				connection with a contract or subcontract administered or supervised by the
				Department;
e) doing business with
				a suspended contractor or subcontractor in connection with a contract or
				subcontract of the Department or subject to approval of the Department during
				the period of suspension; or
f)
				being debarred or suspended by another agency of this State or the United
				States.
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 I - SUSPENSION OF CONTRACTORS OR SUBCONTRACTORS › Section 6.530 - Interim Suspension

Current through Register Vol. 48, No. 28, July 12, 2024
The CPO may immediately suspend a contractor or subcontractor
				  prior to and during the pendency of a hearing provided by this Subpart if the
				  CPO finds that the facts and circumstances upon which the suspension cause is
				  predicated are of such a nature as to require immediate action to safeguard the
				  public interest in the solicitation, execution, administration or performance
				  of contracts or subcontracts, whether awarded by the Department or subject to
				  Department approval. An interim suspension may be imposed pending the
				  completion of an investigation of the causes for suspension. Indictment upon
				  charges evidencing a cause for suspension is a basis for an interim suspension.
				  An interim suspension is effective immediately and will continue for a period
				  of time established by the CPO of up to 120 days unless terminated sooner by
				  the CPO. The CPO may extend the duration of an interim suspension beyond 120
				  days in order to allow for completion of a hearing that was scheduled for
				  commencement during the original 120 day interim suspension period. In cases
				  involving interim suspension based upon indictment, the interim suspension may
				  be imposed for a period of up to one year or until conclusion of the legal
				  proceeding.
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 I - SUSPENSION OF CONTRACTORS OR SUBCONTRACTORS › Section 6.540 - Voluntary Exclusion

Current through Register Vol. 48, No. 28, July 12, 2024
A contractor or subcontractor may accept a status of
				  nonparticipation or limited participation in Department contracts or
				  subcontracts pursuant to the terms of an administrative
				  settlement.