Ill. Admin. Code tit. 44, § 6.1180
Negotiation of Agreement
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) If a mutually acceptable agreement cannot be reached, the Department may terminate negotiations. In such cases, the Department may:
- 1) Reject all proposals and conclude the procurement process.
- 2) Initiate negotiations with the short-listed proposer that submitted the next highest-ranked proposal. If those negotiations fail, the Department may, at its discretion, negotiate with the third-ranked proposer.
- b) The Department may require the selected proposer furnish a proposal bond in an amount determined necessary to ensure compliance with the proposal commitments and protect the interests of the Department.
- c) The Department may enter into an interim agreement with the selected proposer to facilitate project development prior to finalizing negotiation of the agreement. Any such interim agreement shall comply with the requirements of Section 30 of the P3 Act and may authorize the selected proposer to initiate specific non-construction, project-related activities for which compensation may be provided.
The Department will notify the selected proposer of the Department's selection, and the parties shall begin negotiations. The Department will notify all other short-listed proposers that their proposal was not selected.
(Source: Added at 50 Ill. Reg. 6426, effective April 27, 2026)