|30 ILCS 500/50-39
This section requires that any State employee that receives a written or oral communication from a vendor that imparts or requests material information or makes a material argument regarding a procurement matter or potential procurement matter must submit a report of that communication to the Procurement policy Board. CMS has developed a computerized system that allows any State employee to enter the required information into a data base used by that system. The system submits each report to the IDOT State Purchasing Officer (SPO) for review prior to it being automatically pushed to the PPB and posted on the PPB public website. The PPB has informed all agencies that they will not review these reports but will merely post everything they receive.
It should also be noted that if a Lobbyist is involved in a reportable oral communication, the Lobbyist will be required to make a report of the oral communication to the IDOT employee(s) and that report will also be posted to the PPB internet site.
After reviewing the provisions of this portion of Senate Bill 51, IDOT has developed the following summary of when communications with State employees will trigger a reporting obligation to the Procurement Policy Board.
To make this information more readily available to you, a “palm card has been developed for your use. A copy of this information can be viewed and printed by clicking on the “Palm Card” link below.
The following communications do not need to be reported:
- Statements made by a person in a public forum (i.e., trade show)
- Statements made regarding a matter of practice or procedure (i.e., format, number of copies)
- Statements initiated by a State employee about products, services, or industry best practices
- Statements initiated by a vendor concerning general information about products, services, or industry best practices – so long as they are not specific to a current or potential procurement matter
- Communications initiated by a vendor regarding construction or construction-related contracts resulting in a contract modification of less than $250,000
However, the following communications must be reported to ensure a vendor is not disqualified from future procurements:
- Communication pertaining to the substance of a procurement matter
- Communication that suggests a change or asks for a change to be made to a procurement matter
- Communication regarding a change order, contract renewal or extension for a procurement matter initiated by a vendor
Additionally, a vendor is prohibited from bidding on or entering into a contract if the vendor:
- Assisted the agency in determining a need for a contract (except as part of a public RFI)
- Assisted the agency by reviewing, drafting or preparing an invitation for bid, RFI, RFP, etc (except as part of public opportunity)
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