Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1 - CHIEF PROCUREMENT OFFICER FOR GENERAL SERVICES STANDARD PROCUREMENT › Subpart E - SOURCE SELECTION AND CONTRACT FORMATION › Section 1.2036 - Other Methods of Source Selection and Contract Formation

Current through Register Vol. 48, No. 28, July 12, 2024
a) Split Award
An award of a definite quantity requirement may be split
				  between bidders or offerors if necessary to obtain the total quantity needed.
				  Each portion shall be for a definite quantity and the sum of the portions shall
				  be the total definite quantity required.
b) Multiple Award
1) A multiple award may be made for an
				indefinite quantity solicitation when award to two or more bidders or offerors
				for similar products or services is necessary for adequate delivery or
				service.
2) If a multiple award is
				anticipated, the solicitation shall state this fact as well as the criteria for
				award.
3) In a multiple award
				situation, one vendor shall be designated as the primary recipient of orders,
				unless otherwise provided in this Section. The other awardees may receive
				orders in the event the primary vendor is unable to deliver or for other
				reasons as determined by the SPO.
4) The State agency shall reserve the right
				to take bids separately if a particular quantity requirement arises that
				exceeds its normal requirement or an amount specified in the
				contract.
5) Multiple Award with
				Set Rate
A) Notwithstanding anything to the
				contrary in this Part, the CPO-GS but not a designee, may, on a case-by-case
				basis, authorize an appropriate purchasing agency to issue a competitive
				solicitation and to enter into contracts with multiple vendors under a process
				that provides for prequalification, agreement to perform at a set rate, and
				final selection based on random and equitable distribution of work among
				qualified vendors.
B) The CPO-GS
				may authorize use of this source selection procedure upon a determination in
				writing that use of the methods of source selection set forth in Article 20 of
				the Code is either not practicable or advantageous because, for example, the
				program needs of State agencies cannot reasonably be met within the normal
				procurement timeframes, or that the type and variety of State agency needs are
				such that a single award will not assure the needed availability or diversity
				of vendors.
C) Vendors shall be
				prequalified once per fiscal year, or as often as necessary, through use of a
				competitive sealed proposal. The minimum qualifications (including performance
				standards and agreement to provide services at a set rate determined by the
				State), any desirable additional qualifications, and the method of obtaining
				and setting rates shall be stated in the solicitation advertised in the
				Bulletin. Those vendors meeting minimum qualifications shall be offered
				non-exclusive indefinite quantity master contracts against which a procuring
				agency may later place one or more orders on an as needed basis in accordance
				with the vendor selection procedure set forth in subsection (b)(5)(F).
				Implementing Section 45-45 of the Code and subsection (b)(5)(F) of this
				Section, the solicitation shall contain a provision alerting vendors that the
				random selection process used to meet a specific using agency's needs may be
				limited to those master contract holders who qualify as small
				businesses.
D) The purchasing
				agency shall establish the set rate by one of the following methods. The lowest
				rate identified will not necessarily be the set rate, but will be a
				consideration in determining the set rate.
i)
				Set in the solicitation the rate that vendors must agree to bill. In general,
				this rate shall be the lowest rate at which a sufficient number of vendors are
				ready, willing and able to meet the State's needs. The solicitation shall show
				the selected purchasing agency has conducted sufficient research (such as
				reviewing past State contract rates, reference to GSA or other governmental
				contract rates, or private sector rates determined by internal or industry
				expert surveys) that the public can have confidence the rate provides overall
				advantage to the State.
ii) Require
				as part of the solicitation that vendors submit rates (prices), including
				disclosable rates, and inform them the selected purchasing agency will use this
				rate information and additional rate information received through use of the
				best and final process, from other contracts and from research to establish the
				set rate that vendors must bill.
E) Vendors not willing to agree to bill at
				the set rate may be rejected or may have their contracts restricted to use in
				special circumstances approved by the CPO-GS.
F) Using agency needs will be met by the
				selected purchasing agency selecting a master contract holder on a random
				basis. If the using agency determines that it has specific programmatic needs
				that require additional qualifications (e.g., specialized programming knowledge
				or specific educational requirements) or conditions (e.g., geographic
				limitations) or State policy considerations (e.g., promotion of small
				business), such that random vendor selection from among all master contract
				holders would not meet its needs, the using agency may submit an alternate
				selection request to the CPO-GS. This request shall set forth all reasons,
				including the additional qualifications or conditions, why a random vendor
				selection would not reasonably meet the needs of the agency, or the policy of
				the State. If at least 3 of the master contract holders meet those additional
				qualifications or conditions, the selected purchasing agency shall conduct a
				random selection limited to that subset of the master contract holders. If the
				using agency's request does not show a need for additional qualifications or if
				there are not 3 master contract holders with the needed qualifications, the
				using agency may not utilize the method of source selection set forth in this
				Section.
G) In order to ensure the
				continued availability of the set of master contract holders, all potential
				orders shall be monitored by the selected purchasing agency to ensure the
				equitable distribution of work and that no single vendor has an unwarranted
				disproportionate share of the available work. The selected purchasing agency
				shall, to avoid a disproportionate distribution of work, remove a vendor from
				consideration for a period of time sufficient to minimize dollar value
				discrepancies among vendors. In addition, any vendor so removed may be
				reinstated for consideration to meet a particular using agency's need if only 3
				or fewer otherwise eligible vendors are available to meet the using agency's
				need.
H) The selected purchasing
				agency shall conduct the random selection using a drawing, mechanical device or
				software driven selection. The specific process used shall ensure that final
				selection is influenced only by chance, after taking into consideration, as
				applicable and as allowed in this Part, the policy of equitable distribution,
				use of small businesses, and specific requests from agencies to meet special
				needs.
I) It shall be the
				affirmative obligation of each vendor with a master contract to update
				information provided to the State regarding its continued ability to provide
				the contracted service. Master contracts may provide that vendors who cannot
				perform the required services when contacted and who have not provided the
				updated information may be taken out of consideration for orders for a period
				of time, including until the next prequalification.
J) The procurement file shall contain
				justification for the selection of the master contract vendors and each
				selection to meet the particular need of a using agency including the
				determination in subsection (b)(5)(B); the research papers, reports, contract
				rates and internal or industry expert surveys, "additional rate information"
				and identification of "other contracts and research" in subsections
				(b)(5)(D)(i) and (ii); the alternate selection documents required by subsection
				(b)(5)(F), the 3 or more master contract holders for the alternate random
				selection in subsection (b)(5)(F) and updated information required of
				contractors pursuant to subsection (b)(5)(I). The selected purchasing agency
				shall publish the names of the vendors selected to receive master contracts and
				the name of each vendor selected to receive an order to meet the using agency's
				particular need.
6)
				Geographical
A multiple award may be made to a vendor based on
				  geographical locations in the State. A vendor may be granted multiple awards
				  for a particular geographical location, based on a determination, in writing,
				  that:
A) use of the methods of source
				selection set forth in Article 20 of the Code is not practicable or
				advantageous because, for example, the program needs of State agencies cannot
				reasonably be met within the normal procurement timeframes; or
B) the type and variety of State agency needs
				are such that a single award will not assure the needed availability or
				diversity of vendors.