Ill. Admin. Code tit. 44 § 8.2080

Current through Register Vol. 48, No. 45, November 8, 2024

Section 8.2080 - Public Procurement File

a) A procurement file shall be maintained for all contracts, regardless of the method of procurement. The procurement file shall contain the basis on which the award is made, all submitted bids and proposals, all evaluation materials, score sheets and all other documentation related to or prepared in conjunction with evaluation, negotiation and the award process. The procurement file shall contain a written determination, signed by the CPO or SPO, setting forth the reasoning for the contract award decision. The public procurement file shall not include trade secrets or other competitively sensitive, confidential, or proprietary information. The procurement file shall be open to public inspection within 7 days following award of contract. [30 ILCS 500/20-155(b) ]

b) The procurement file shall be maintained by CDB or under the jurisdiction of the CPO.

c) Documentation of Procurement Actions. CDB, under the direction of the SPO, shall maintain an ongoing procurement file or associated contract file of all substantive documents and records of communications that pertain to the procurement and any resulting contract from the time of initiation of the procurement through the entire lifespan of the procurement. Unless otherwise indicated in this Section, all documents shall be included in the file within 3 days after finalization of the document. When applicable, this shall include, but is not limited to:

1) All determination memos showing approvals to proceed at all stages;

2) Procurement Bulletin Postings;

3) Solicitation document (e.g., IFB) and all amendments, clarifications and Best & Final Offer requests;

4) Vendors' responses, including clarifications and responses to Best & Final Offer requests;

5) Evaluation material (e.g., scoring guidelines and forms; completed score sheets for individual evaluators, including notes; evaluation committee's combined score sheets; evaluation committee's recommendation; and management's decision);

6) Protest and resolution;

7) Contract;

8) Change order, amendments, renewal or extension;

9) All communications and determinations made by PPB;

10) Contractor Performance reviews;

11) If a project labor agreement (PLA) is applicable to a project, a written determination of the benefits of the PLA pursuant to the Project Labor Agreements Act;

12) Any other documents, at the direction of the CPO;

13) All information from subsections (c)(1) through (c)(7), less information exempt from disclosure under the Freedom of Information Act [5 ILCS 140 ] or other law (for example the Architectural, Engineering, and Land Surveying Qualifications Based Selection Act [30 ILCS 535 ] that exempts contractor performance reviews), shall be prepared and available for inspection and copying, within 7 days after the award is posted to the Bulletin. All post-award procurement documents shall be added to the procurement file within 3 days after finalization.

d) In accordance with the Illinois Procurement Code and this Part, relevant documents shall be made available on request prior to inclusion in the procurement files for the purpose of evaluation and/or filing a protest, except those documents that are exempted by law from disclosure.

Ill. Admin. Code tit. 44, § 8.2080

Adopted at 38 Ill. Reg. 10903, effective 5/7/2014.