Illinois

Key Agency(ies): 

• There are four separate Chief Procurement Officers established by the Illinois Administrative Code, one Chief Procurement Officer (CPO) for each of the following: General Services, Public Institutions of Higher Education, the Department of Transportation, and the Capital Development Board. 44 Ill. Admin. Code § 1.1-30.205.
• Although each CPO has a separately codified protest procedure, the majority of contracting actions flow through the CPO for General Services (CPO-GS). Id. § 4.5500-4.5550

Key Statute: The Illinois Procurement Code, Illinois Compiled Statutes, Chapter 30, Act 500 governs all state procurement activities including competitive bidding, protests, and contract management.

• Link

Key Regulations: Illinois General Procurement Rules, 44 Ill. Admin. Code

• Link

Procurement Types/Highlights:

• Illinois primarily uses competitive sealed bidding (IFB) unless an exception applies:
• Competitive Sealed Proposals (RFP) are used when sealed bidding is not practicable or advantageous
• Negotiation/Alternative methods are allowed under certain circumstances outlined under 30 Ill. Comp. Stat. § 500/20-10(h), (j)
• Small purchases (under $100,000)
• Sole Source procurements are permitted when there is a single economically feasible source, subject to CPO approval, a public hearing, and written determination
• Emergency purchases
• State term contracts
• Cooperative purchasing

Bid Protests:

Regs Governing Bid Protests:

• Under Illinois law, each CPO is responsible for establishing bid protest procedures. 30 Ill. Com. Stat. § 500/20-75.

Eligible Protesters:

• Any person who has submitted a bid or proposal and is adversely affected by the agency’s decision may file a protest.
• Any person may submit a protest related to the notice of procurement, the solicitation document, any pre-submission conference, or the rejection of a late bid, proposal, or response.

Timeliness Rules:

• Protests must be received within 14 days of when the protesting party knew or should have known the facts supporting the protest.
• If the protest is based on the solicitation document itself, it must be filed within 14 days of publication.
• The PRO may consider an untimely protest for good cause or if the protest raises significant issues.

Protest Process:

• The protest must be filed with the protest review officer identified in the bid documents. They must include their name/address, relief sought, identification of the procurement, specific reasons for the protest, and any supporting exhibits, evidence, documents (not to exceed 20 pages).
• If a protest is timely filed and the award has not been made, the procurement officer must refrain from awarding the contract until the protest is resolved, unless an immediate award is required for state needs.
• If a solicitation or award is found unlawful, the CPO or state purchasing officer may cancel or modify the contract.

Appeals:

• If a protest is already in court, the Protest Review Office does not act until a final judicial/administrative decision is made.
• Review of a bid protest decision may be available in the Illinois Court of Claims, with normal appellate review for civil claims.

Claims:

• The Court of Claims of Illinois has exclusive jurisdiction over claims against the state of Illinois founded upon any contract entered into with the state.
• The Court of Claims may order equitable remedies (e.g., declaratory judgments regarding parties’ rights under a contract claim).
• There is no statutory right to appeal decisions of the Court of Claims. Judicial review is limited to constitutional issues, such as denial of due process or the opportunity to be heard meaningfully.

Suspension & Debarment:

• The Chief Procurement Officer for General Services (CPO-GS) has the authority to suspend or debar vendors from doing business with the state of Illinois.
• A vendor may be suspended for violating the Illinois Procurement Code or the relevant administrative rules, or for failing to conform to specifications or terms of delivery.
• The length of suspension cannot exceed 10 years.
• Suspension becomes effective seven calendar days after the vendor receives notice unless the vendor files an objection within that period.
• Debarment may only occur in cases involving bribery or attempted bribery of a state of Illinois officer or employee, or as otherwise allowed by law.
• The CPO-GS is responsible for making the determination and issuing the debarment.
• The CPO-GS must maintain a master list of all suspensions and debarments, which is considered public record.

Interesting/Distinctions:

• Under Illinois law, competitive sealed proposals (RFPs) must include a section demonstrating commitment to diversity. This section is weighted as up to 20% of the non-price criteria in proposal scoring. Factors considered include contracting with businesses owned by women, minorities, or persons with disabilities, and the percentage of past revenue involving such businesses.
• Professional services (architecture, engineering, etc.) are governed by separate statutes and are not price-based, distinguishing them from other procurement types.