1) The SPO may, prior to the date or time for submitting a bid or proposal, approve an extension of the date or time for the convenience of the university.
- 2) The SPO may approve modification to the bid or proposal for reasons other than extending the date or time.
- 3) If notice cannot be made at least 72 hours in advance of the time the responses are due, the SPO shall approve an extension of time to respond for a reasonable period of time or shall authorize cancellation of the solicitation. The SPO, after consultation with the university, shall determine which action best meets the needs and interests of the university and best promises transparency, competitiveness and other policies of the Code.
- 4) All notices under this subsection (d) shall be published in the Bulletin.
e) Bid/Proposal Firm Time
- 1) Unless otherwise provided in the solicitation, the vendor's bid/proposal must be kept firm for at least 30 days after the opening date.
- 2) After opening bids or proposals, the SPO may request bidders or offerors to extend the time during which the university may accept the bids or proposals, provided that, with regard to bids, no other change is permitted. This extension does not provide an opportunity for others to submit bids or proposals.
f) Electronic and Fax Submissions and Communications
- 1) Solicitation responses, notices and other official procurement-related communications may be made in electronic form if stated in the solicitation. The CPO-HE shall establish or approve the use and method of electronic submission. Submissions that must be secure will be opened at the designated date, time and place only by an authorized person.
- 2) Procurement-related communications that reflect final agreements or settlements in relation to protests, suspensions, debarments or contract matters must be signed by submitting a scanned copy of an original signature or by digital signature using an approved security process. Electronic communications must meet the same substantive requirements as paper communications except as allowed to reflect the different means of communication.
- 3) Electronic signatures must meet the minimum security requirements established by the Department of Central Management Services [5 ILCS 175/25-101(c)] and the accompanying regulations (14 Ill. Adm. Code 105).
- 4) Fax or email submissions are acceptable for small purchases.
g) Only One Bid or Proposal Received
1) If only one bid or proposal is received, the SPO may award to the single bidder or offeror if the SPO finds:
- A) the price submitted is fair and reasonable, and other prospective bidders or offerors had reasonable opportunity to respond; or
- B) there is not adequate time for resolicitation.
- 2) Otherwise the SPO may cancel the procurement.
h) Alternate or Multiple Bids or Proposals
- 1) Alternate bids or proposals may be accepted if permitted by the solicitation and in accordance with instructions in the solicitation.
- 2) Multiple bids or proposals may be accepted if permitted by the solicitation and submitted in accordance with instructions in the solicitation.
i) Multiple Items
A solicitation may call for pricing of multiple items of similar or related type. Award shall be as specified in the solicitation based on an individual line item, a group total of certain items, a core list, a "market basket" of related items representative of the total requirement, a grand total of all items, or other grouping method.
j) All or None Bids or Proposals
All or none bids or proposals may be accepted if the evaluation shows an all or none award to be the lowest cost or best value of those submitted.
k) Conditioning Bids or Proposals Upon Other Awards
Any bid or proposal that is conditioned upon receiving award of the particular contract being solicited and one or more other State contracts shall be rejected.
l) Unsolicited Bids or Offers
An award may not be made based on an unsolicited offer in place of the notice and competition requirements of the Code and this Part.
m) Clarification of Bids and Proposals
The university may request that a vendor clarify its bid or proposal as a part of the evaluation process. A copy of the clarification request must be provided to the SPO. A clarification is not an opportunity to make material changes or for submission of best and final offers as authorized elsewhere in this Part.
n) Assignment, Novation or Change of Name
- 1) Assignment and Novation. All assignments and novations must be in writing. No university contract may be assigned or novation entered into without the prior written consent of the CPO-HE or SPO, provided, however, that a vendor may assign money receivable under a contract after due notice to the State. The assignee or transferee, except in the case of assignment of payment only, must meet all requirements for contracting with the university. Any purported assignment or novation without prior written consent shall be null and void.
2) Recognition of a Successor in Interest; Novation. When in the best interest of the university, a successor in interest may be recognized in a written novation agreement in which the transferor and the transferee agree that:
- A) the transferee assumes all of the transferor's obligations;
- B) the transferee meets all requirements for contracting with the university;
- C) the transferor waives all rights under the contract as against the university, and it is understood that the university does not waive any applicable right or remedy against the transferor unless expressly stated in the Novation Agreement; and
- D) unless the transferor guarantees performance of the contract by the transferee, the transferee shall, if required by the university, furnish a satisfactory performance bond.
- 3) Change of Name. A vendor may submit to the university a written request to change the name in which it holds a contract with the university. The name change shall not alter the parties, any of the terms and conditions of the contract or the obligations of the vendor.
o) Contracting for Installment Purchase Payments, Including Interest
Contracts may provide for installment purchase payments, including interest charges, over a period of time. The interest rate may not exceed that established by law, including the Bond Authorization Act [30 ILCS 305].
p) Incorporation by Reference
A solicitation may incorporate documents by reference provided that the solicitation specifies where the documents can be obtained.
q) Use of Source Selection Method that is Not Required
For procurements that are subject to the Procurement Code, if a university uses a method of source selection that it is not, by law, required to use (e.g., use of a competitive sealed bid for a small purchase), the university is bound to compliance with the Code and this Part governing the method of source selection used.
r) Vendor Signature
A bid or proposal submitted unsigned will be evaluated if the vendor submits a written signature acceptable to the SPO within the time specified by the SPO.
s) Stringing
Dividing or planning procurements to avoid use of competitive procedures (stringing) is prohibited. Periodic purchases of similar supplies from several different vendors to maintain inventory is not stringing unless the purchases are planned to avoid use of competitive procedures. When the university or SPO identifies three or more purchases of the same item or similar items with a total value exceeding the small purchase limit during any12 month period, the university purchasing director and the SPO shall jointly determine whether the circumstances, including, but not limited to, frequency of purchases, cost of individual purchases and future needs, warrant issuing a competitive or other consolidated procurement.
t) Confidential Data
- 1) The vendor must identify the basis of the claim of exemption from FOIA and show how that basis applies to the request for exemption. Information submitted without a claim of exemption from FOIA may be disclosed to the public without notice or permission.
- 2) Information submitted with a claim of confidentiality or exemption from FOIA may still be disclosed to the public if determined under applicable law that the claim or exemption does not meet the requirements for withholding the information under FOIA.
A vendor must clearly identify, by page and paragraph, any information submitted to the State claimed to be exempt from the disclosure requirement of the Illinois Freedom of Information Act [5 ILCS 140] (FOIA), including information the vendor claims is a trade secret or other competitively sensitive, confidential or proprietary information belonging to the vendor.
u) Notice of Subcontractor
- 1) Any contract entered into under this Part shall state whether the services of a subcontractor will be used. The contract shall include the names and addresses of all known subcontractors with subcontracts with an annual value of more than $50,000, the general type of work to be performed by each subcontractor, and the expected amount of money each will receive under the contract. [30 ILCS 500/20-120(a)] A subcontract shall include all certifications required by Article 50 of the Code.
- 2) If, at any time during the term of the contract, a contractor desires to add or change any subcontractors with subcontracts with an annual value of more than $50,000, the contractor shall promptly notify the university, in writing, of the names and addresses of the proposed subcontractors, the general type of work to be performed by the proposed subcontractor, and the expected amount of money each new or replaced subcontractor will receive under the contract.
- 3) No contractor shall change a subcontractor listed in the original bid or proposal, except for documented good cause. Any substitute subcontractor must meet all requirements of the Code applicable to subcontractors.
A) Good cause may include, but is not limited to:
- i) failure of the subcontractor to execute a written contract after a reasonable period of time after the written contract is presented to the subcontractor by the contractor;
- ii) bankruptcy of the subcontractor;
- iii) death or disability of the subcontractor, if the subcontractor is an individual;
- iv) dissolution of the subcontractor, if the subcontractor is a corporation or partnership;
- v) failure of the subcontractor to meet bond requirements as specified in the solicitation;
- vi) subcontractor becomes ineligible to perform on the subcontract because the subcontractor is suspended, debarred or otherwise ineligible to perform;
- vii) a series of failures by the subcontractor to perform in accordance with the specifications, terms and conditions of its subcontract;
- viii) failure of the subcontractor to comply with a requirement of law applicable to the subcontractor; or
- ix) failure or refusal of the subcontractor to perform the subcontract.
- B) A request of a contractor for a substitution of a listed subcontractor shall be submitted in writing to the university and shall include the reasons for the request. Consent of the university for a substitution shall be made in writing and be included in the procurement file.
- C) Any substitution of an approved BEP subcontractor must be approved in accordance with 30 ILCS 575 and 44 Ill. Adm. Code 10 as it applies to universities.
- D) Failure of a contractor to comply with this Section may result in cancellation of its contract and be grounds for suspension or debarment.
v) Pre-Solicitation Assistance
- 1) For purposes of this subsection (v), "business" includes all individuals with whom a business is affiliated, including, but not limited to, any officer, agent, employee, consultant, independent contractor, director, partner, manager or shareholder of a business. [30 ILCS 500/50-10.5(e)]
2) Non-Prohibited Acts. This Section does not prohibit a person or business from submitting a bid or proposal or entering into a contract if the person or business:
- A) Initiated a communication with an employee of the university to provide general information about products, services or industry best practices.
- B) Responded to a communication initiated by an employee of the university for the purposes of providing information to evaluate new products, trends, services or technologies.
- C) Provided written material to a university employee obtained from public sources, such as through an internet search, or literature packets obtained in conjunction with an event such as a trade show.
- D) Provided, at the request of the university, general marketing material or makes a general sales presentation to show the person's qualifications or product capabilities. Material may be personalized for the procuring agency provided any personalization is obtained from publicly available sources.
- E) Provided technology, supplies or services demonstrated to the university that represent industry trends and innovation and is not specifically tailored to meet the university's needs.
F) Asked for clarification on a published solicitation provided:
- i) the response did not provide a competitive advantage to the person or business who asked for clarification; and
- ii) the question and answer were published to the Bulletin as an addendum to the solicitation.
- G) Provided market costs or production time to a person performing construction-related services to help determine the estimated costs and time to complete a construction project.
3) Prohibited Acts
- A) Specifications. With the exception of standard specifications that a vendor makes available to any potential purchaser, a person or business may not submit specifications to a university for a particular transaction unless requested by a university employee. An SPO or person designated by the SPO must approve an employee's request for the specifications.
B) Assistance to University Employees. A person or business is prohibited from bidding on a solicitation and from having a contract or subcontract if the person or business assisted an employee of the university who, by the nature of his or her duties, has the authority to participate personally and substantially in the decision to award a contract. Assistance to a university employee may include any of the following:
- i) Drafting (writes or assists the university with writing all or part of the procurement document);
- ii) Reviewing (reads the document or comments on the procurement document or signified approval or disapproval);
- iii) Directing (giving instructions or commands or in supervising or overseeing the preparation of the procurement document);
- iv) Preparing (any activity relating to organizing or distributing the documents, including through the Procurement Bulletin); or
- v) Providing similar assistance (e.g., conducting research or providing any advice used in drafting, reviewing, directing or preparing procurement documents).
- C) A person (and its affiliated or related entities) that contracts with a university to write specifications for a particular procurement may not submit a bid or proposal or receive a contract or subcontract for that procurement.
4) Exceptions.
- A) Any person or business who responds to an advertised request for information or other publicly available opportunity to provide information related to the procurement need or to review drafts of all or part of proposed procurement documents shall not be disqualified by virtue of responding to the State's publicly advertised request.
B) The CPO-HE may permit a university to accept a bid or enter into a contract or subcontract with a business that assisted a university in determining need or that assisted in reviewing, drafting or preparing documents related to a bid or contract, provided:
- i) The bid or contract is essential to research administered by the university;
- ii) The CPO-HE determines it is in the best interest of the university to accept the bid or contract; and
- iii) Written approval is provided by the Executive Ethics Commission.