The Procurement Communication Reporting requirements of Public Act 96-0795 and Public Act
96-0920 (Senate Bill 51 and Senate Bill 3576) became effective on January 1, 2011 and Public
Act 100-0043 (Senate Bill 8) became effective August 9, 2017. The law
requires the following communications to be reported to the Procurement Policy Board (PPB):
- 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
Communication regarding a change order, contract renewal or extension, and contract
awards for a procurement matter initiated by a vendor.
In addition, 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
Request for Information).
Assisted the agency by reviewing, drafting or preparing an invitation for bid, RFI or RFP,
etc. (except as part of public opportunity).
Please note that the following communications need not be reported:
Statements made by a person in a public forum such as a trade show or public meeting.
Statements made regarding a matter of practice or procedure.
Statements initiated by a state employee about products, services, or industry best
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
Communications initiated by a vendor regarding construction or construction-related
contracts resulting in a contract modification of less than $250,000.
Communications requesting clarification regarding contract solicitation so long
as there is no competitive advantage to the person or business and the question
and answer, if material, are posted as an addendum to the contract solicitation.
In order to conform to these requirements, please note that IDOT intends to fully report the
substance of any reportable procurement communication to the PPB through a web application
developed by Central Management Services. The law requires the PPB to post all
communications received on their website within 7 days of receipt of the report.
It is important to understand that all communications received by IDOT employees from vendors
will be handled in compliance with the new law. This means that any phone calls, face-to-face
conversations, e-mails, or other types of communications that trigger reporting will be fully reported
to the PPB in accordance with the law and will ultimately be made public on the PPB Internet Site.