Ill. Admin. Code tit. 44, § 6.920
Information Exchanges
Effective Sep 27, 201337 Ill. Reg. 15878AUTHORITY: 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) Exchanges include, but are not limited to, the following:
- 1) Industry or small business conferences;
- 2) Public hearings;
3) Market research;
- 4) One-on-one meetings with potential offerors that will include the CPO or the CPO's designee;
- 5) RFPs;
- 6) Presolicitation or proposal conferences; and
7) Site visits. (See 23 CFR 636.115(c).)
- b) When specific information is necessary for the preparation of a proposal and that specific information is disclosed to one or more potential offerors, that specific information will be made available to all potential offerors as soon as practicable, but no later than the next general release of information, in order to avoid creating an unfair competitive advantage. (See 23 CFR 636.115(e).)
- c) Upon request by a potential offeror, and as approved by the CPO, information provided to a potential offeror in response to that potential offeror's request will not be disclosed if doing so would reasonably reveal the potential offeror's confidential business strategy because it involves a trade secret or concerns commercial or financial information that is proprietary, privileged or confidential and would cause competitive harm to the offeror. This information may be subject to disclosure under federal or State freedom of information laws. (See 23 CFR 636.115(e) and 636.subpart D (information exchanges); see also 5 ILCS 140.)
When initiated by the Department, the Department, with the approval of the CPO and in accordance with the Code, may have exchanges with industry prior to the receipt of proposals in order to obtain information.
(Source: Added at 37 Ill. Reg. 15878, effective September 27, 2013)