Section 1120.2005  General Provisions

 

a)         Late Bids or Proposals, Late Withdrawals and Late Modifications.

 

1)         Definition.  Any bid or proposal received after the time and date for receipt, and at other than the specified location, is late. A bid that is delivered to the wrong location but that is subsequently delivered to the correct location by the date and time specified shall be considered, but the IOC shall not be responsible for ensuring such subsequent delivery.  Any withdrawal or modification of a bid or proposal received after the time and date set for opening of bids or proposals is late.

 

2)         Treatment.  No late bid or proposal, late modification, or late withdrawal will be considered unless it would have been timely but for the action or inaction of IOC personnel directly serving the procurement activity (e.g., providing the wrong address).

 

3)         Records.  Records shall be made and kept for each late bid or proposal, late modification, or late withdrawal.

 

4)         Other Submissions.  Any other submission that has a time or date deadline shall be treated in the same manner as a late bid.

 

b)         Extension of Time.

 

1)         The date or time for submitting a bid or proposal or modifying or withdrawing a bid or proposal may be extended by the IOC prior to such date or time for the convenience of the IOC.  Reasons for extension include, but are not limited to, allowing additional time for submissions to account for inclement weather, labor strikes, accidents and other such reasons.

 

2)         After opening bids or proposals, the CPO or SPO may request bidders or offerors who submitted timely bids or proposals to extend the time during which the IOC may accept bids or proposals, provided that, with regard to bids, no other change is permitted.  The reasons for requesting such extension shall be documented.  This extension does not provide an opportunity for others to submit bids or proposals.

 

c)         Electronic and Facsimile Submissions.

 

1)         The Invitation for Bids (IFB) or Request for Proposals (RFP) may state that electronic and facsimile machine submissions will be considered if  they are received at the designated office by the time and date set for receipt.  Any required attachments will be submitted as stated in the IFB or RFP.

 

2)         Electronic submissions authorized by specific language in the IFB or RFP will be opened in accordance with electronic security measures in effect at the time of opening.  Unless the electronic submission procedures provide for a secure receipt, vendor assumes risk of premature disclosure due to submission in unsealed form.

 

3)         Fax submissions authorized by specific language in the IFB or RFP will be placed in a sealed container upon receipt and opened as other submissions. Vendor assumes risk of premature disclosure due to submission in unsealed form.

 

d)         Intent to Submit.

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.

 

e)         Only One Bid or Proposal Received.

If only one bid or proposal is received, an award may be made to the single bidder or offeror if the CPO or SPO 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. Otherwise:

 

1)         new bids or offers may be solicited;

 

2)         the procurement may be canceled; or

 

3)         if the CPO or SPO determines in writing that the need for the supply or service continues, but that the price of the one bid is not fair and reasonable and there is no time for resolicitation or resolicitation would likely be futile, the procurement may then be conducted with any vendor under Section 1120.2025 (Sole Economically Feasible Source Procurement) or Section 1120.2030 (Emergency Procurements), as appropriate.  The CPO or SPO shall attempt to negotiate the price to a more acceptable level.

 

f)          Alternate or Multiple Bids or Proposals.

 

1)         Alternate bids or proposals may be accepted if:

 

A)        permitted by the solicitation and in accordance with instructions in the solicitation; or

 

B)        only one vendor responded, in which case the alternate submission may be evaluated and treated in accordance with Section 1120.2025 (Sole Economically Feasible Source Procurement) of this Part; or

 

C)        the low bidder, who has met all requirements of the solicitation, has provided a lower cost alternative that meets all of the material requirements of the specifications; or

 

D)        a vendor clearly indicates a primary submission, then that primary submission shall be considered for award as though it were the only bid or proposal submitted by the vendor.

 

2)         Multiple bids or proposals may be accepted if:

 

A)        permitted by the solicitation and submitted in accordance with instructions in the solicitation; or

 

B)        only one vendor responded, one or more of the submissions may be evaluated, provided that, in the case of bids, only the lowest cost bid meeting specifications may be considered.

 

g)         Multiple Items.

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.

 

h)         "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 in the State's best interest.

 

i)          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:

 

1)         be rejected unless the vendor removes the condition; or

 

2)         be evaluated and award made to that vendor 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.

 

j)          Unsolicited Offers.

 

1)         Processing of Unsolicited Offers.  The CPO or the SPO may consider unsolicited offers and shall have final authority with respect to evaluation, acceptance and rejection of such unsolicited offer.

 

2)         Conditions for Consideration.  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 the State.

 

3)         Evaluation.  The unsolicited offer may be evaluated to determine its utility to the State and whether it would be to the State's advantage to enter into a contract based on such offer.  An unsolicited offer that meets the requirements set forth above may be considered for award if the procurement also meets the requirements of Section 1120.2025 (Sole Economically Feasible Source Procurement) or Section 1120.2020 (Small Purchases), in which case those procedures shall be followed as applicable.

 

4)         Confidentiality.  Any request for confidentiality of data contained in an unsolicited offer must be made in writing.  If agreement cannot be reached on confidentiality, the IOC shall reject the unsolicited offer.

 

k)         Clarification of Bids and Proposals.

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

 

l)          Extension of Time on Indefinite Quantity Contracts.

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 or the SPO determines in writing that it is not practical to award another contract at the time of such extension. A clarification is not an opportunity for discussion or for submission of best and finals as authorized elsewhere in this Part.

 

m)        Increase in Quantity on Definite Quantity Contracts.

 

1)         The quantity that may be ordered from a definite quantity contract may be increased by up to 20% provided the CPO or SPO determines that separate bidding for the additional quantity is not likely to achieve lower pricing.

 

2)         The quantity may be increased by any percentage provided the dollar value of the increase does not exceed the small purchase threshold applicable to the type of good or service.

 

n)         Novation or Change of Name.

 

1)         Assignment.  No IOC contract is transferable, or otherwise assignable, without the written consent of the CPO; however, a vendor may assign monies receivable under a contract after due notice to the IOC.  Assignment may require the execution of a contract with the assignee and in such cases the assignee must meet all requirements for contracting with the IOC.

 

2)         Recognition of a Successor in Interest; Novation.  When in the best interest of the State, a successor in interest may be recognized in a 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 State;

 

C)        the transferor waives all rights under the contract as against the IOC; and

 

D)        unless the transferor guarantees performance of the contract by the transferee, the transferee shall, if required by the IOC, furnish a satisfactory performance bond.

 

3)         Change of Name.  When a vendor requests to change the name in which it holds a contract with the IOC, the CPO shall, upon receipt of a document indicating such change of name, enter into an agreement with the requesting vendor to effect such a change of name.  The agreement changing the name shall specifically indicate that no other terms and conditions of the contract are thereby changed.

 

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 30 ILCS 305.