Ill. Admin. Code tit. 44 § 8.2050

Current through Register Vol. 48, No. 49, December 6, 2024

Section 8.2050 - Specifications and Samples

a) Responsibilities Regarding Specifications. Subject to the SPO's approval, the CDB shall have necessary specifications drafted.

b) Development of Specifications

1) All procurements shall be based on specifications developed in accordance with CDB's Design and Construction Manual that accurately reflect the State's needs. Specifications shall clearly and precisely describe the salient technical or performance requirements and shall be written in such a manner as to describe the requirements to be met, without being unduly restrictive or having the effect of exclusively requiring a particular brand name, a proprietary supply or service, or procurement from a sole source, unless no other manner of description will suffice.

2) Any specifications or standards adopted by business, industry, not-for-profit organization or governmental unit may be incorporated by reference. Specifications for a construction project shall include reference to the minimum Green Building Act requirements for the project.

3) A specification may provide alternate descriptions when two or more design, functional or performance criteria will satisfactorily meet the State's requirements.

4) Article 45 of the Illinois Procurement Code shall be considered and applied when required or appropriate.

c) Brand Name Specification. Bids for construction projects shall be based on providing all products, subcontractors or suppliers specified in the specifications. When a brand name specification is used, a minimum of three brand names must be specified for each product. Brand name product specifications shall allow that a bidder may propose additional products prior to bid opening. Bidders may propose substitutions of a product, upon review and approval by CDB and the project A/E. The product substitution process may be utilized regardless of whether only brand names are listed. Substitutions shall be accepted before award and are subject to the review of the SPO. Determinations on the acceptance of substitutions shall be included in the recommendation to award file.

1) Brand name specifications may be used in a construction solicitation when:

A) no specification for a common or general use specification or qualified products list is available;

B) time does not permit the preparation of another form of specification;

C) the nature of the product or the nature of the State's requirement makes use of a brand name specification suitable for the procurement; or

D) use of a brand name specification is in the State's best interest.

2) Brand name specifications shall designate a minimum of three brands and shall further state that substitutions may be allowed.

3) Unless CDB determines that the essential characteristics of the brand names included in the specifications are commonly known in the industry or trade, brand name specifications shall include a description of the particular design, functional or performance characteristics that are required.

d) Limited Source Product Specification. CDB shall specify a minimum of three brand name products and shall identify sources to achieve whatever degree of competition is practicable. If less than three brand names are specified, CDB will review and approve all such specifications, which are subject to review by the Procurement Officer upon request. The procedure for review by CDB shall be contained in CDB's Design and Construction Manual.

e) Specifications Prepared by Persons Other Than State Personnel. Specifications may be prepared by persons other than State personnel, including, but not limited to, consultants, architects, engineers, designers or other drafters of specifications for public contracts. CDB shall review and approve such specifications. Vendors preparing specifications must affirm that no conflict of interest exists at time of submittal and review of the specifications by CDB and that it has accepted no gift or consideration intended to influence its judgment on the project. Vendors may be requested to verify conflict of interest status at any time throughout a project. No person or business shall submit specifications to a State agency unless requested to do so by an employee of the State [30 ILCS 500/50-10.5(e)].

1) The SPO retains the authority for final approval of the specifications. Contracts with vendors for the preparation of specifications shall require the specification writer to adhere to the Design and Construction Manual, the Code and this Part.

2) The person or business that writes specifications for a particular procurement need shall not submit a bid or proposal, receive a contract to meet that procurement need, or have any financial interest in the product or service specified or the source from which it is procured.

f) Prohibited Bidder and Contractors

1) No person or business shall bid or enter into a contract if the person or business:

A) Assisted an employee of the State of Illinois, who, by the nature of his or her duties, has the authority to participate personally and substantially in the decision to award a State contract, by reviewing, drafting, directing, or preparing any IFB, an RFP or an RFI;

B) Provided similar assistance, except as part of a publicly issued opportunity to review drafts of all or part of these documents. Similar assistance includes, but is not limited to, providing supplementary support or aid, information that serves as a basis for specifications, or the establishment or development of evaluation criteria.

2) This subsection (f) does not prohibit a person or business from submitting a bid or proposal or entering into a contract if the person or business:

A) Initiates a communication with an employee to provide general information about products, services or industry best practice and, if applicable, that communication is documented in accordance with Section 50-39 of the Act; or

B) Responds to a communication initiated by an employee of CDB for the purposes of providing information to evaluate new products, trends, services or technologies. [30 ILCS 500/50-10.5(e)]

3) For purposes of this subsection (f), "business" includes all individuals with whom a business is affiliated, including, but not limited to, any officer, agent, employee, consultant, independent contractor, director, partner, manager, or shareholder of a business. [30 ILCS 500/50-10.5(e)]

4) A vendor who develops technology, goods or services that represent industry trends and innovation and is not designed to meet the State's needs is not prohibited from bidding or offering.

g) Pre-Solicitation Request for Information. When CDB does not have sufficient information about available supplies or services to issue a solicitation, CDB may issue a pre-solicitation request for information inviting vendors to submit non-price information about the availability of specified types of supplies and services. Vendors may be provided an opportunity to comment on the RFI itself and make non-proprietary suggestions as to the scope and information being requested that would facilitate the best responses from the vendor community. Public notice of the RFI shall be published in the Bulletin by the SPO at least 14 days before the date set for the receipt of information. The submission of information by a vendor in response to a pre-solicitation request for information is not a prerequisite for that vendor to respond to a subsequent solicitation for the types of supplies and services for which information was solicited, and the issuance of an RFI does not commit the State agency to make any procurement of supplies or services of any kind. Confidential information will not be accepted from a vendor in response to a pre-solicitation request for information. All information received through a pre-solicitation request for information will be available for public review.

Ill. Admin. Code tit. 44, § 8.2050

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