Section 4.2080  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 SPO, setting forth the reasoning for the contract award decision and any other determinations relative to the particular procurement.  The publicly available portion of the 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 calendar days following award of the contract. [30 ILCS 500/20-155(c)]

b)         The procurement files shall be maintained by or under the jurisdiction of the CPO-HE.

c)         Documentation of Procurement Actions

Each university, under the direction of the SPO, shall maintain in the procurement or associated contract file all substantive documents and records of communications that pertain to the procurement and any resulting contract.  This shall include, as applicable, but is not limited to:

1)         The records showing approvals to proceed at all stages;

2)         Procurement Bulletin postings;

3)         Solicitation document (e.g., IFB, RFP, etc.) and all amendments, clarifications and best and final requests;

4)         Vendors' responses, including clarifications and responses to best and final requests (losing responses may be stored elsewhere);

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)         Documentation establishing goals for solicitations and contract awards for certified vendors (Business Enterprise for Minorities, Women, and Persons with Disabilities (BEP) Act, Veterans Business Program (VBP), and small business) including all documentation or worksheets determining the scope of work included in the goal setting, the commodity or classification codes used to establish goals, whether any exemptions were granted or denied, any determinations of a vendor's good faith effort or lack of good faith effort to meet goals, and any goal waivers granted;

7)         Protest and resolution;

8)         Contract and any order, change, amendments, renewal or extension;

9)         Contractor Performance Reviews;

10)        All information from subsections (c)(1) through (c)(6), 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], which exempts contractor performance reviews), shall be prepared and made available for inspection and copying within 7 days following award of the contract.  Any required contractor performance reviews shall be conducted timely and shall be made part of the procurement file prior to renewal or contract close out.  The performance review shall include, but is not limited to, evaluation of whether the contract goals agreed to in a vendor's utilization plan were met.  Universities shall provide the CPO-HE with notification of any vendor who does not demonstrate good faith efforts toward meeting the goals agreed to in the utilization plan.  The CPO-HE and universities may consider if a vendor did not meet its goal or show good faith efforts toward meeting the goal in future determination of a vendor's responsibility.  The CPO-HE will determine if any information is exempt under the Freedom of Information Act or other law.

(Source:  Amended at 43 Ill. Reg. 1781, effective February 15, 2019)