Ill. Admin. Code tit. 44, § 2600.300 - General Provisions

a) Any bid or proposal received or modified after the time and date for receipt, and at other than the specified location, is late. The Procurement Officer may, prior to the date or time for submitting or modifying a bid or proposal, extend the date or time or request bidders or offerors who have submitted timely bids or proposals to extend the time of their bids provided that the extension does not permit other vendors or offerors an opportunity to submit bids or proposals. Any unsigned bid will be considered only if the bidder's signature is transmitted before the time and date for receipt.

b) Bidding Process

1) The Invitation for Bids or the Request for Proposals may require that vendors submit, by a certain time and date, a notice of their intent to submit a bid or proposal in response to the IFB or RFP. Bids and proposals submitted without complying with the notice of intent requirement may be rejected. There shall be a minimum of 14 days between the Invitation for Bids or Request for Proposals and the close of the bidding process unless the Procurement Officer deems that an immediate procurement is necessary.

2) If only one bid or proposal is received, an award may be made to the single bidder or offeror if the Procurement Officer finds that the price submitted is fair and reasonable and that either other prospective bidders had reasonable opportunity to respond or there is not adequate time for resolicitation. If the Procurement Officer finds that either factor exists, he or she may solicit new bids or offers under sole source (Section 2600.320 ) or emergency (Section 2600.325) procedures or cancel the procurement.

3) An Invitation for Bids or Request for Proposals may call for pricing of multiple items of similar or related type with award based on individual line item, group total of certain items, or grand total of all items.

4) Any bid or proposal that is conditioned upon receiving award of the particular contract being solicited and one or more other State contracts may only be accepted if the vendor is also independently evaluated as the winner of the other IFBs or RFPs, provided the agency need not delay procurement actions to accommodate the vendor's all or none condition.

5) The CPO or designee may consider unsolicited offers provided that an unsolicited offer must be in writing and must be sufficiently detailed to allow a judgment to be made concerning the potential utility of the offer to SBEL and it meets the requirements for a small (Section 2600.315) , sole source (Section 2600.320), or emergency (Section 2600.325) procurement.

6) The CPO or designee may request that a vendor clarify its bid or proposal as a part of the evaluation process. A vendor shall not be allowed to materially change its bid or proposal in response to a request for clarification.

7) The time of performance of an indefinite quantity contract may be extended upon agreement of the parties, provided the extension is for 90 days or less and the CPO determines in writing that it is not practical to award another contract at the time of the extension.

8) The quantity that may be ordered from a definite quantity contract without additional notice and competition may be increased by up to 20% provided the CPO determines that separate bidding for the additional quantity is not likely to achieve lower pricing. A particular procurement may specify a different percentage provided that it does not exceed the applicable small purchase threshold.

9) If, within 30 days after making an award to a particular vendor pursuant to a competitive sealed bid by or on behalf of SBEL, SBEL wishes to make another purchase request for the same item and for the same or lesser quantity, the CPO may contract with that vendor on the same terms and conditions, including price, without additional notice and competition, if the contract is acceptable to the vendor.

10) Vendors must clearly identify any information that is exempt from the disclosure requirement of the Illinois Freedom of Information Act [5 ILCS 140 ] and must request special handling of that material.

11) Dividing or planning procurements to avoid use of competitive procedures (stringing) is prohibited.

c) Assignment, Novation or Change of Name

1) Assignment. Contracts entered into under this Part are not transferable or otherwise assignable without the written consent of the CPO. However, a vendor may assign moneys receivable under a contract after due notice to SBEL. Any assignee must meet all requirements for contracting with the State.

2) Recognition of a Successor in Interest; Novation. When in the best interest of SBEL, a successor in interest may be recognized in a novation agreement. Any transferee must: assume all of the transferor's obligations, meet all requirements for contracting with the State, waive all rights under the contract as against the State and furnish a satisfactory performance bond unless the transferor guarantees performance of the contract.

3) Change of Name. A vendor may submit a written request to change the name in which it holds a contract with SBEL. The name change shall not alter any of the terms and conditions of the contract or the obligations of the vendor.

4) Reports. All change of name or novation agreements under this subsection (c) shall be reported to the CPO or designee within 30 days after the date the agreement becomes effective so that the bid list may be updated.

d) 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 ].

e) If SBEL 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), it is not bound to strict compliance with the Code and rules governing the method of source selection used.

Notes

Ill. Admin. Code tit. 44, § 2600.300