44 Ill. Adm. Code 8.2080
Public Procurement File
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.