Ill. Admin. Code tit. 44, § 6.1170
Process After Preliminary Evaluation Phase
Effective Apr 27, 202650 Ill. Reg. 6426AUTHORITY: Authorized and implementing the Illinois Procurement Code [30 ILCS 500], Governmental Joint Purchasing Act [30 ILCS 525], Public-Private Partnerships for Transportation Act [630 ILCS 5], Innovation for Transportation Infrastructure Act [630 ILCS 10], Section 2705-600 of the Department of Transportation Law [20 ILCS 2705], and the Public Private Agreements for the Illiana Expressway Act [605 ILCS 130] and authorized by Section 5-25 of the Illinois Procurement Code [30 ILCS 500], Section 2 of the Governmental Joint Purchasing Act [30 ILCS 525], Section 2705-600(7) of the Department of Transportation Law [20 ILCS 2705], Section 25-101 of the Electronic Commerce Security Act [5 ILCS 175], Section 15(a) of the Public Private Agreements for the Illiana Expressway Act [605 ILCS 130], and Section 75(b) of the Innovation for Transportation Infrastructure Act [630 ILCS 10].CHIEF PROCUREMENT OFFICER FOR THE DEPARTMENT OF TRANSPORTATION
a) Authority to Initiate Unsolicited Proposal Procurement Process
The Department may not commence the procurement process for a project until authorized pursuant to Section 15(d) of the P3 Act.
b) Counterproposals
1) The Department will notify the public about the acceptance of counterproposals by posting an announcement on its website in accordance with Section 19 of the P3 Act. The notice shall contain the following:
- A) The location and description of the project;
- B) The means of submission; and
- C) The acceptance period for receiving counterproposals.
- 2) Before issuing the request for counterproposals, the Department may conduct meetings or provide information to the public and interested participants in anticipation of the solicitation of counterproposals.
c) Required Elements of a Counterproposal
To maintain consistency and facilitate a fair evaluation, counterproposals must incorporate the same elements outlined in the initial submission of unsolicited proposals found in Section 6.1140.
d) Counterproposal Review Fee
At the time of a counterproposal submittal, the Department will require, the counter proposer to pay a proposal review fee payable to the Treasurer, State of Illinois.
e) Comprehensive Evaluation Phase
The Department will conduct a comprehensive evaluation of unsolicited proposals determined to be favorable during the preliminary evaluation phase, and counterproposals received during the counterproposal acceptance period. The comprehensive evaluation will be based on pre-established criteria, which will include cost, schedule, qualifications and experience of the proposer, project constructability, alignment with the multi-year program, public benefit, and other policy considerations.
f) Best and Final Offer Phase
- 1) If counterproposals meeting the unsolicited proposal submission requirements are received and are determined to be superior to the original unsolicited proposal during the comprehensive evaluation, the Department shall proceed with the best and final offer phase in accordance with Section 19 of the P3 Act.
- 2) Before determining the best value proposal, the Department will provide public notice of proposals and counterproposals to impacted communities and hold a public meeting in accordance with Section 19 of the P3 Act.
- 3) The successful short-listed proposer shall be the proposer offering the best value to the Department, as determined by the evaluation process. The Department will document the rationale for the selection, including a summary of the evaluation process and the final determination.
(Source: Added at 50 Ill. Reg. 6426, effective April 27, 2026)