Ill. Admin. Code tit. 71, § 2000.340 - Rejection of Individual Bids

a) Any bid which fails to conform to the essential requirements of the Invitation for Bids, such as specifications, delivery schedule, or permissible alternatives thereto, shall be rejected as nonresponsive in addition to the reasons specified in subsection (c) of this Section.

b) Bids containing any material alteration or erasure will be rejected unless the change is initialed in ink by the Bidder. Samples submitted showing evidence of altering or removing manufacturer's label, logotype, model or serial number, or any other standard of the industry for identification, shall be due cause for rejection of the bid, unless alteration or removal is supported with justifiable documentation satisfactory to the Director of Purchasing.

c) A bid shall be rejected or considered an alternative bid where the Bidder imposes conditions which would modify requirements of the Invitation for Bids or limit liability to the Agency so as to give an advantage over other Bidders. For example, bids shall be rejected in which the Bidder:

1) Attempts to protect against future changes in conditions such as increased costs, if total price to the Agency cannot be determined for bid evaluation.

2) Fails to state a price and, in lieu thereof, states that price shall be "price in effect at time of delivery".

3) States a price but qualifies such price as being subject to "price in effect at time of delivery", or "price subject to change".

4) Where not authorized by the invitation, conditions or qualifies the bid by stipulating that the bid is to be considered only if, prior to date of award, Bidder receives (or does not receive) award under a separate procurement.

5) Limits rights of Agency under any contract clause. However, a low Bidder may be requested to delete objectionable conditions from the bid if these conditions do not go to the substance, as distinguished from the form of the bid. A condition goes to the substance of a bid where it affects price, quantity, quality, or delivery of the items offered.

d) Any bid may be rejected if the Agency determines in writing that it is unreasonable as to price.

e) Bids received from any person or concern debarred or ineligible shall be rejected if the period of debarment or ineligibility has not expired.

f) Low bids received from firms determined to be not responsible.

g) Where a bid security is required and a bidder fails to furnish it in accordance with the requirements of the Invitations for Bids.

h) After submitting a bid, if a Bidder transfers all of his/her assets or that part of his/her assets related to the bid during the period between the bid opening and the award, the transferee may not take over the bid except with permission of the Agency.

i) Any bid may be rejected if the bidder fails to provide any information which was requested in the Invitation for Bids. Criteria for rejection of a bid due to the failure of the bidder to provide any information which was requested in the Invitation for Bid could include, but not necessarily be limited to:

1) The difference in price between the bid received from this non-responsive bidder and a fully responsive bidder.

2) The time and effort required to obtain such information from the non-responsive bidder.

j) The originals of all rejected bids, and any written findings with respect to such rejection, shall be preserved along with the bids and other papers relating to the procurement.

Notes

Ill. Admin. Code tit. 71, § 2000.340

Amended at 16 Ill. Reg. 10068, effective June 15, 1992