Ill. Admin. Code tit. 44, § 6.360
Discussions with Responsible Offerors
Effective Sep 30, 201135 Ill. Reg. 16518AUTHORITY: 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) 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.
(Source: Amended at 35 Ill. Reg. 16518, effective September 30, 2011)