Statutes, codes, and regulations
Illinois Administrative Code
Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENTPart 1 - CHIEF PROCUREMENT OFFICER FOR GENERAL SERVICES STANDARD PROCUREMENT
Subpart X - SELECTION OF A SUCCESSOR ILLINOIS LOTTERY PRIVATE MANAGER IF A PRIVATE MANAGEMENT AGREEMENT HAS BEEN TERMINATED
Section 1.8030 - Action to Contest Selection

Ill. Admin. Code tit. 44 § 1.8030

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Current through Register Vol. 48, No. 44, November 1, 2024
Section 1.8030 - Action to Contest Selection
a) Any action to contest the selection of the private manager by the Lottery must be brought within 14 calendar days after the publication of the notice provided for in Section 1.8025(b).
b) Any action to contest the final selection will be reviewed by the Protest Review Office in accordance with Section 1.5550. The CPO-GS shall make the final determination on the merits of any action to contest the final selection of the private manager.
c) Protest Review Officer

The CPO-GS may appoint one or more Protest Review Officers (PRO) to consider the procurement-related protests and make a recommendation to the CPO-GS for resolution of the protest. The CPO-GS may adopt the recommendation or take other action.

d) Submission of Protest
1) A protesting party must submit a protest in writing to the PRO identified in the solicitation document. Fax and email qualify as writing, but the PRO does not guarantee receipt using those means.
2) The protest must be physically received by the PRO at the location specified. A postmark or other carrier mark prior to the due date and time is not sufficient to show physical receipt.
A) In regard to the solicitation notice or solicitation document including specifications, a protest must be received within 14 days after the date the solicitation was posted to the Bulletin and must be received by the PRO at the designated address before the date for opening bids or proposals.
B) In regard to rejection of individual bids or proposals or awards, the protest must be received by close of business no later than 14 days after the protesting party knows or should have known of the facts giving rise to the protest to ensure consideration and, in any event, must be received before execution of the applicable contract.
3) Any notice posted to the Bulletin establishes the "known or should have known" date for the subject matter of the notice.
4) Protests must be clearly marked on the delivery container, the fax cover sheet or the email subject line.
5) The written protest shall include as a minimum the following:
A) the name and address of the protesting party;
B) identification of the procurement and, if a contract has been awarded, its number or other identifier;
C) a statement of reasons for the protest specifically identifying any alleged violation of a procurement statute, a procurement rule or the solicitation itself, including the evaluation and award (conclusions with supporting facts and arguments may not be sufficient);
D) supporting exhibits, evidence or documents to substantiate any claims unless not available within the filing time, in which case the expected availability date shall be indicated. If submitting the protest by fax, supporting documentation over 20 pages in length may not be included without authorization. If the protest is by fax or email, the protesting party may be required to submit documentation by mail or carrier within 2 business days after the request; and
E) specific relief sought.
e) Requested Information

The protesting party must supply any additional information requested by the PRO within the time periods set in the request. If the protesting party fails to comply with this request, the PRO shall consider the protest on the basis of available information or may deny the protest.

f) Stay of Procurements During Protest

Unless the CPO-GS determines the needs of the State require an immediate execution of a contract, the following apply:

1) When a protest has been timely filed and before an award has been made, the Lottery shall make no award of the contract until the protest has been resolved.
2) If timely received but after award, the award shall be stayed without penalty to the State.
g) Resolution

The CPO-GS will resolve the protest by means of a written determination. The resolution may include affirming the State's initial decision, in whole or in part, or revoking the State's decision in whole or in part.

h) Effect of Judicial Proceedings

If an action concerning the protest has commenced in a court or administrative body, the CPO-GS may defer resolution of the protest pending the judicial or administrative determination.

Ill. Admin. Code tit. 44, § 1.8030

Added at 36 Ill. Reg. 16391, effective November 1, 2012