Section 6.90  Competitive Sealed Proposals

a)         Department contracts may be procured by competitive sealed proposals when the Department determines that competitive sealed bidding is either not practicable or not advantageous to the State.  (See Section 20-15(a) of the Code.)

b)         The determination to use competitive sealed proposals will be made in writing and provided to the CPO on either a contract-by-contract or a category of contracts basis.

1)         "Practicable" Distinguished From "Advantageous."  As used in this Subpart, the term "practicable" means that which may be accomplished or put into practical application, and "advantageous" means an assessment of what is in the State's best interest.  Competitive sealed bidding may be practicable, that is, reasonably possible, but not necessarily advantageous, that is, in the State's best interest.  Before a contract may be entered into by competitive sealed proposals, the Department will determine in writing that competitive sealed bidding is either not practicable or not advantageous to the State.

2)         If competitive sealed bidding is not practicable or is not advantageous, competitive sealed proposals may be used.  The competitive sealed proposal method differs from competitive sealed bidding in two principal ways.  First, it permits discussions with competing offerors and changes in their proposals, including price.  Second, it allows comparative evaluations to be made when selecting among acceptable proposals for award of the contract.  Where evaluation factors involve the relative abilities of offerors to perform, including degrees of experience or expertise, where the types of supplies or services may require the use of comparative evaluations to evaluate them adequately, or where the type of need to be satisfied involves weighing values other than price alone, or where prior procurement experience indicates that competitive sealed proposals may result in more beneficial contracts for the State, use of competitive sealed proposals is the appropriate procurement method.

c)         Contracts for professional and artistic services are subject to and governed by the applicable Competitive Selection Procedures (44 Ill. Adm. Code 1.2035) adopted by the CPO-GS with the applicable oversight by the CPO-DOT.

(Source:  Amended at 44 Ill. Reg. 6222, effective April 8, 2020)