SUBTITLE A: PROCUREMENT AND CONTRACT PROVISIONS
CHAPTER III: CHIEF PROCUREMENT OFFICER FOR THE DEPARTMENT OF TRANSPORTATION
PART 6 CHIEF PROCUREMENT OFFICER FOR THE DEPARTMENT OF TRANSPORTATION - CONTRACT PROCUREMENT
SECTION 6.40 DEFINITIONS
Section 6.40 Definitions
As used throughout this Part, terms defined in the Illinois Procurement Code have the same meaning as in the Code and as further defined in this Section. Each term listed in this Section has the meaning set forth as follows unless its use clearly requires a different meaning. Terms may be defined in particular Sections for use in that Section.
"Act" Illinois Governmental Joint Purchasing Act [30 ILCS 525].
"Addenda" A formal change to a Request for Qualification (RFQ) or Request for Proposal (RFP) during the advertisement period in response to prospective proposer questions or as needed to clarify the requirements of the RFQ or RFP.
"Alternative Technical Concepts" or "ATC" A proposed deviation from the contract requirements set forth in the procurement documents for a Transportation Facility that offers a solution that is equal to or better than the requirements in the procurement documents. (Section 10 of the ITI Act)
"Amendment" A written agreement signed by all parties, including a change order, that alters the terms of an existing contract.
"Best Value" Any selection process in which proposals contain both price and qualitative components and award is based upon a combination of price, qualitative concepts, and other factors. (Section 10 of the ITI Act)
"Bid" An offer made by a bidder in response to a contract item advertised in an Invitation for Bids.
"Bidder" Any person or entity that in fact submits a bid.
"Bureau of Innovative Project Delivery" or "IPD Bureau" The business unit of the Department established to identify, evaluate, and develop projects that may benefit from innovative approaches, including the use of various forms of project delivery allowable under law including CMGC, DB, PDB, and public-private partnerships.
"Candidate Project" A project selected from the Multi-year Highway Multimodal Improvement Program that is under consideration for delivery through CMGC, DB, or PDB.
"Candidate Projects List" Projects deemed suitable for CMGC, DB, or PDB delivery through the IPD Program.
"Change Order" A change in a contract term, other than as specifically provided for in the contract, which authorizes or necessitates any increase or decrease in the cost of the contract or the time for completion for procurements subject to the jurisdiction of the Chief Procurement Officers appointed pursuant to Section 10-20. (Section 1-15.12 of the Code)
"Chief Procurement Officer" or "CPO" − The person appointed under Section 1-15.15(2) of the Code.
"Code" Illinois Procurement Code [30 ILCS 500].
"Consensus Score" A numerical score used to rank proposer's submissions, such as SOQs and proposals, that is determined collectively by the IPD Evaluation Committee.
"Construction Agency" The Illinois Department of Transportation for construction or maintenance of roads, highways, bridges and airports as an agency that enters into construction contracts as authorized by law or by delegation from the CPO. (See Section 1-15.25 of the Code.)
"Construction Manager/General Contractor" or "CMGC Contractor" A proposer that has entered into a Construction Manager/General Contractor contract with the Department under the ITI Act. (Section 10 of the ITI Act)
"Construction Manager/General Contractor Contract" or "CMGC Contract" A two-phase contract between the Department and a Construction Manager/General Contractor that includes a first phase addressing preconstruction services and a second phase addressing the construction of the transportation facility. (Section 10 of the ITI Act)
"Construction Manager/General Contractor Project Delivery Method" or "CMGC" A method of procurement and contracting that makes a Construction Manager/General Contractor who enters into a contract with the Department responsible for certain preconstruction services and then, if the parties reach agreement on key terms, responsible for construction of the transportation facility. (Section 10 of the ITI Act)
"Construction Oversight Team" or "COT" The person, firm, corporation, organization, partnership or association, however organized, responsible for providing design reviews, construction acceptance, oversight of utility relocations, independent quality assurance surveys, independent material testing, documentation of construction, risk management, and oversight of construction activities, including construction management, maintenance of traffic, permit compliance, and other services which may include: value engineering, stakeholder coordination, or public involvement management, who is either part of the internal Department staff or procured as a consultant by the Department.
"Construction-related Professional Services" Those services within the scope of the practice of architecture, professional engineering, structural engineering, or land surveying, as defined in the Illinois Architecture Practice Act of 1989 [225 ILCS 305], the Professional Engineering Practice Act of 1989 [225 ILCS 325], the Illinois Professional Land Surveyor Act of 1989 [225 ILCS 330], or the Illinois Structural Engineering Practice Act of 1989 [225 ILCS 340]. (Section 57 of the ITI Act)
"Construction-related Services" Those services including design, layout, inspection, support, feasibility or location study, research, development, planning, or other investigative study undertaken by a construction agency concerning construction or potential construction. (Section 1-15.20 of the Code)
"Construction Support" All equipment, supplies, and services that are necessary to the operation of a construction agency's construction program. Construction Support does not include construction-related services. (Section 1-15.20 of the Code)
"Contract" In addition to the definition of contract set forth in Section 1-15.30 of the Code, a contract is the written agreement entered into at the discretion of the SPO between the Department and the contractor comprising such documents as set forth in each individual agreement, including change orders, contract adjustments, and renewals, and setting forth the obligations of the parties for the performance of the contract.
"Contract Adjustment" A written price adjustment that adds to or deducts from a contract in accordance with provisions included in the original contract, including but not limited to increases or decreases in quantities, incentives, changed conditions and the addition of missing pay items called for in the specifications.
"Contract Documents" The comprehensive set of documents that contain the commercial and technical requirements the project delivery partner must comply with. This includes the CMGC Contract, DB Contract, or PDB Contract and related exhibits, which may include the Technical Provisions, Developer Proposal, and other pertinent documents.
"Contractor" − Any person, firm, corporation, organization, partnership or association, however organized, and its affiliates, including its owners, directors, officers, partners, managers, key employees and others engaged in primary managerial or supervisory positions.
"Day" A calendar day.
"Department" The Illinois Department of Transportation.
"Design-build Contract" or "DB Contract" A contract between the Department and a design-builder under which the design-builder agrees to furnish architectural, surveying, engineering, construction, and related services for a Transportation Facility. (Section 10 of the ITI Act)
"Design-build Project Delivery Method" or "DB" A method of procurement and contracting that provides responsibility within a single contract between the Department and a design-builder for the furnishing of architectural, surveying, engineering, construction, and related services for a transportation facility. (Section 10 of the ITI Act)
"Design-bid-build Project Delivery Method" or "DBB" The traditional method of procuring and contracting for design services and construction services used separately in this State that incorporates the QBS and the principles of competitive bidding under the Code. (Section 10 of the ITI Act)
"Design-Builder" A proposer that has entered into a DB contract with the Department under the ITI Act. (Section 10 of the ITI Act)
"Electronic Procurement" Conducting all or some of the procurement function over the internet. (Section 1-15.40 of the Code)
"Emergency Contract" The initial written agreement for an emergency procurement.
"Emergency Statement" The statement filed by the CPO with the Procurement Policy Board and the Auditor General setting forth the actual or estimated amount expended, the name of the contractor involved, and the conditions and circumstances requiring the emergency procurement. (See Section 20-30(c) of the Code.)
"Engineer of Record" or "EOR" The person, firm, corporation, organization, partnership or association, however organized, responsible for signing and sealing the plans and specifications and provides design services throughout the project including Phase I design, Phase II design, and design support during construction, who is either part of the internal Department staff or procured as a consultant by the Department.
"Evaluation Criteria" The standards and requirements established by the Department against which the qualifications and proposals of a proposer will be assessed during the procurement of a CMGC, DB, or PDB contract, as applicable. (Section 10 of the ITI Act)
"FHWA" The Federal Highway Administration.
"General Contractor" or "GC" Lead contractor under a CMGC contract responsible for self-performing construction phase services and supervising subcontractors during the construction services phase.
"Germane" In relationship to the modification, alteration or amendment of the terms of a contract by change order, the term "germane" means a change that is related to the original terms of the contract but that is not so substantial a departure from the original as to constitute a new contract.
"Governmental Unit" The State of Illinois, any State agency as defined in Section 1-15.100 of the Illinois Procurement Code, officers of the State of Illinois, any public authority that has the power to tax, or any other public entity created by statute. (Section 1-15.47 of the Act)
"Guaranteed Maximum Price" or "GMP" A not-to-exceed price for construction of a project under a CMGC contract or PDB contract.
"Independent Cost Estimator" or "ICE" The person, firm, corporation, organization, partnership or association, however organized, who provides independent cost estimates based on any given submittal received from the CMGC, DB, or PDB contractor, and is either part of the internal Department staff or procured as a consultant by the Department.
"Instructions to Proposers" or "ITP" Procurement document issued with the RFP providing project specific instructions and requirements for proposers to submit a compliant proposal.
"IPD Bureau Chief" Leads the day-to-day activities of the IPD Bureau and reports directly to the IDOT Director of the Office of Planning and Programming, which coordinates with and advances the goals and objectives of the Secretary for program development.
"IPD Evaluation Committee" The committee assembled to evaluate and score statements of qualifications and proposals for projects under the IPD Program. (Section 10 of the ITI Act)
"IPD Program" The collective activities and functions undertaken by the Department in the administration of CMGC, DB, and PDB projects under the ITI Act.
"ITI Act" The Innovations for Transportation Infrastructure Act [630 ILCS 10].
"Lump Sum" − A fixed price for construction of a project based on plans and specifications under a CMGC contract or PDB contract.
"Master Contract" A definite or indefinite quantity or requirements contract awarded in accordance with the Code, against which subsequent orders may be placed to meet the needs of the Department. A master contract may be for use by the Department or for multiple State purchasing entities and other entities as authorized under the Governmental Joint Purchasing Act. (Section 1-15.47 of the Code)
"Multiple Award" An award that is made to 2 or more proposers, bidders or offerors for similar supplies, services, or construction-related services. (Section 1-15.48 of the Code)
"Multi-year Contract" A multi-year contract is a contract with a time of performance of more than 12 months.
"Multi-year Highway Multimodal Improvement Program" or "MYP" The Department's improvement plan for Illinois transportation system within a proposed six-year period.
"No-cost Contract" A contract in which the State of Illinois does not make a payment to, or receive a payment from, the vendor, but the vendor has the contractual authority to charge an entity other than the State of Illinois for supplies or services at the State's contracted rate to fulfill the State's mandated requirements. (Section 1-15.49 of the Code)
"Notice of Intent" or "NOI" − A written advertisement issued by the Department to inform industry of an upcoming procurement for a CMGC, DB or PDB project. The NOI will include a description of the proposed procurement and project to be procured.
"Offerors" For purposes of this Part, includes only persons or entities submitting proposals that are acceptable or potentially acceptable. The term does not include persons or entities who submitted unacceptable proposals.
"Participant Procuring Entity" Any entity, including any state, that actively contributes to the procurement, such as assisting in the development of specifications, being a member of the evaluation committee, being a required approver of the proposed award, or engaging in other similar activities that assist with a procurement.
"Phase I" Preliminary engineering and environmental studies.
"Phase II" Final design, preparation of construction contract and related documents, and right-of-way acquisition (if required).
"Phase III" Construction and project commissioning.
"Piggyback Contract" A form of cooperative purchasing through which the Department is extended the pricing and terms of a contract entered into by another state, another state agency or public department of this or any other state, the federal government, or a group purchasing organization.
"PPB" The Procurement Policy Board created by Section 5-5 of the Code.
"Preconstruction Phase Services" All non-construction-related services that a CMGC contractor or PDB contractor is required to perform during the first phase of a CMGC contract or a PDB contract, and may include, but is not limited to, giving advice to the Department regarding scheduling, work sequencing, cost engineering, constructability, cost estimating, and risk identification. (Section 10 of the ITI Act)
"Procurement Compliance Monitor" or "PCM" − The person appointed under Section 10-15 of the Code.
"Procurement Documents" Encompasses the comprehensive set of documents that contain the commercial and technical requirements the project delivery partner must comply with. This includes but may not be limited to the Requests for Qualifications (RFQ), Instructions to Proposers (ITP), Request for Proposals (RFP), Technical Provisions (TP), and the contract.
"Procurement Engineer" or "PCE" The person, firm, corporation, organization, partnership or association, however organized, responsible for providing preliminary engineering and procurement support services to the Department in the planning and execution of projects within the IPD Program, who is either part of the internal Department staff or procured as a consultant by the Department.
"Progressive Design-Build Contract" or "PDB Contract" A contract between the Department and a Progressive Design-Build Contractor under which the Progressive Design-Build Contractor agrees to design, construct, and commission the project.
"Progressive Design-Build Contractor" or "PDB Contractor" A proposer that has entered into a PDB contract with the Department under the ITI Act.
"Progressive Design-Build Project" or "PDB Project" A project procured by the Department using the progressive-design project delivery method.
"Project Delivery Selection Report" A report that documents the results of the screening process and readiness assessment to support the decision to include a candidate project in the candidate projects list.
"Proposal" A response to a Request for Proposals.
"Proposer" Any individual, sole proprietorship, firm, partnership, joint venture, corporation, professional corporation, or other entity legally established to conduct business in this State that proposes to be the CMGC, DB, or PDB contractor for any transportation facility under the ITI Act. (Section 10 of the ITI Act)
"Purchasing Agency" A State agency that enters into a contract at the direction of a State purchasing officer or a chief procurement officer. (See Section 1-15.70 of the Code.)
"QBS Act" Architectural, Engineering, and Land Surveying Qualifications Based Selection Act [30 ILCS 535].
"Qualifications Based Selection" or "QBS" The evaluation and selection of a Proposer based solely on qualifications without consideration for price.
"Renewal" An agreement between the parties to a contract to authorize an additional contract period under the terms and conditions of the renewal provision in the original contract.
"Request for Information" or "RFI" The process of requesting information from interested parties to aid the State in decision making. An RFI is not a procurement method and does not result directly in the award of a contract.
"Request for Proposals" or "RFP" The document issued by the Department to solicit proposals and describe the procurement process for a DB Contract, PDB contract or CMGC contract in accordance with the design-build project delivery method, Progressive Design-Build project delivery method or the Construction Manager/General Contractor project delivery method, as applicable. (Section 10 of the ITI Act)
"Request for Qualifications" or "RFQ" The document issued by the Department in the first phase of a two-phase procurement to solicit qualifications from Proposers in accordance with the Design-Build project delivery method, Progressive Design-Build project delivery method or the Construction Manager/General Contractor project delivery method, as applicable. (Section 10 of the ITI Act)
"Responsible" The capability, integrity and reliability of a bidder, offeror or contractor that, in all respects, will assure good faith performance to undertake and complete fully the requirements of a contract.
"Responsive" In the context of bidding procedures, the compliance in all meaningful, material respects with the Invitation for Bids.
"Satisfactory Evidence of Compliance" A bidder's or proposer's certification or other assurance of compliance in the contract bid proposal will constitute satisfactory evidence of compliance and will allow a bidder to be considered a responsible bidder or proposer on a construction contract under Section 30-22 of the Code.
"Secretary" The Secretary of the Illinois Department of Transportation. (Section 10 of the ITI Act)
"Solicitation" The document (e.g., RFQ or RFP) posted to the Bulletin requesting interested contractors or vendors to submit a statement of qualifications, or proposal for evaluation by the State. An RFI is not considered a solicitation.
"Special Provisions" Additions and revisions to the Standard Specifications for Road and Bridge Construction and the Supplemental Specifications and Recurring Special Provisions (see the Department's website at http://www.idot.illinois.gov/transportation-system/transportation-management/planning/innovative-project-delivery/resources.html applicable to an individual contract.
"Specifications" The body of directions, provisions, and requirements for performance of prescribed work. Specifications include and may be referred to as the Standard Specifications, which is a Department publication of specifications approved for general application and repetitive use.
"State Purchasing Officer" or "SPO" The person appointed under Section 10-10 of the Code.
"Statement of Qualifications" or "SOQ" A formal response to an RFQ submitted by interested parties seeking to compete for the right to receive an RFP and submission of a proposal.
"Stipend" A payment made by the Department to unsuccessful proposers who submitted a compliant proposal in exchange for authorization for the Department to utilize the content of their proposal in further development of projects.
"Subcontract" A contractual agreement between a person or entity and a person or entity who has a contract subject to the Code and this Part, pursuant to which the subcontractor assumes obligation for performing specified work. (See Section 1-15.107 of the Code.)
"Subcontractor" A person or entity that enters into a contractual agreement with a total value of $50,000 or more with a contractor who has a contract subject to the Code. (See Section 1-15.108 of the Code.)
"Supplemental Specifications" Additions and revisions to the Department's Standard Specifications.
"Transportation Facility" Any new or existing facility or group of facilities that are the subject of a design-build contract, progressive design-build contract or a Construction Manager/General Contractor contract, and includes highways, roads, bridges, tunnels, overpasses, bus ways, guideways, ferries, airports or other aviation facilities, public transportation facilities, vehicle parking facilities, port facilities, rail facilities, stations, hubs, terminals, intermodal facilities, transit facilities, or similar facilities used for the transportation of persons or goods, together with any buildings, structures, parking areas, appurtenances, intelligent transportation systems, and other property or facilities related to the operation or maintenance of these facilities. (Section 10 of the ITI Act).
(Source: Amended at 48 Ill. Reg. 10137, effective July 1, 2024)