(a) A responsible public entity may receive unsolicited proposals for a project and may thereafter enter into a public-private agreement with a private entity, or a consortium of private entities, for the design, construction, upgrading, operating, ownership, or financing of facilities.
     (b) A responsible public entity may consider, evaluate, and accept an unsolicited proposal for a public-private partnership project from a private entity if the proposal:
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Terms Used In Illinois Compiled Statutes 630 ILCS 5/19

  • Contract: A legal written agreement that becomes binding when signed.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • State: when applied to different parts of the United States, may be construed to include the District of Columbia and the several territories, and the words "United States" may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14

         (1) is independently developed and drafted by the
    
proposer without responsible public entity supervision;
        (2) shows that the proposed project could benefit the
    
transportation system;
        (3) includes a financing plan to allow the project to
    
move forward pursuant to the applicable responsible public entity’s budget and finance requirements; and
        (4) includes sufficient detail and information for
    
the responsible public entity to evaluate the proposal in an objective and timely manner and permit a determination that the project would be worthwhile.
    (c) The unsolicited proposal shall include the following:
         (1) an executive summary covering the major elements
    
of the proposal;
        (2) qualifications concerning the experience,
    
expertise, technical competence, and qualifications of the private entity and of each member of its management team and of other key employees, consultants, and subcontractors, including the name, address, and professional designation;
        (3) a project description, including, when applicable:
             (A) the limits, scope, and location of the
        
proposed project;
            (B) right-of-way requirements;
             (C) connections with other facilities and
        
improvements to those facilities necessary if the project is developed;
            (D) a conceptual project design; and
             (E) a statement of the project’s relationship to
        
and impact upon relevant existing plans of the responsible public entity;
        (4) a facilities project schedule, including when
    
applicable, estimates of:
            (A) dates of contract award;
             (B) start of construction;
             (C) completion of construction;
             (D) start of operations; and
             (E) major maintenance or reconstruction
        
activities during the life of the proposed project agreement;
        (5) an operating plan describing the operation of the
    
completed facility if operation of a facility is part of the proposal, describing the management structure and approach, the proposed period of operations, enforcement, emergency response, and other relevant information;
        (6) a finance plan describing the proposed financing
    
of the project, identifying the source of funds to, where applicable, design, construct, maintain, and manage the project during the term of the proposed contract; and
        (7) the legal basis for the project and licenses and
    
certifications; the private entity must demonstrate that it has all licenses and certificates necessary to complete the project.
    (d) Within 120 days after receiving an unsolicited proposal, the responsible public entity shall complete a preliminary evaluation of the unsolicited proposal and shall either:
         (1) if the preliminary evaluation is unfavorable,
    
return the proposal without further action;
        (2) if the preliminary evaluation is favorable,
    
notify the proposer that the responsible public entity will further evaluate the proposal; or
        (3) request amendments, clarification, or
    
modification of the unsolicited proposal.
    (e) The procurement process for unsolicited proposals shall be as follows:
         (1) If the responsible public entity chooses to
    
further evaluate an unsolicited proposal with the intent to enter into a public-private agreement for the proposed project, then the responsible public entity shall publish notice in the Illinois Procurement Bulletin or in a newspaper of general circulation covering the location of the project at least once a week for 2 weeks stating that the responsible public entity has received a proposal and will accept other proposals for the same project. The time frame within which the responsible public entity may accept other proposals shall be determined by the responsible public entity on a project-by-project basis based upon the complexity of the transportation project and the public benefit to be gained by allowing a longer or shorter period of time within which other proposals may be received; however, the time frame for allowing other proposals must be at least 21 days, but no more than 120 days, after the initial date of publication.
        (2) A copy of the notice must be mailed to each local
    
government directly affected by the transportation project.
        (3) The responsible public entity shall provide
    
reasonably sufficient information, including the identity of its contact person, to enable other private entities to make proposals.
        (4) If, after no less than 120 days, no
    
counterproposal is received, or if the counterproposals are evaluated and found to be equal to or inferior to the original unsolicited proposal, the responsible public entity may proceed to negotiate a contract with the original proposer.
        (5) If, after no less than 120 days, one or more
    
counterproposals meeting unsolicited proposal standards are received, and if, in the opinion of the responsible public entity, the counterproposals are evaluated and found to be superior to the original unsolicited proposal, the responsible public entity shall proceed to determine the successful participant through a final procurement phase known as “Best and Final Offer” (BAFO). The BAFO is a process whereby a responsible public entity shall invite the original private sector party and the proponent submitting the superior counterproposal to engage in a BAFO phase. The invitation to participate in the BAFO phase will provide to each participating proposer:
            (A) the general concepts that were considered
        
superior to the original proposal, while keeping proprietary information contained in the proposals confidential to the extent possible; and
            (B) the preestablished evaluation criteria or the
        
“basis of award” to be used to determine the successful proponent.
        (6) Offers received in response to the BAFO
    
invitation will be reviewed by the responsible public entity and scored in accordance with a preestablished criteria, or alternatively, in accordance with the basis of award provision identified through the BAFO process. The successful proponent will be the proponent offering “best value” to the responsible public entity.
        (7) In all cases, the basis of award will be the best
    
value to the responsible public entity, as determined by the responsible public entity.
    (f) After a comprehensive evaluation and acceptance of an unsolicited proposal and any alternatives, the responsible public entity may commence negotiations with a proposer, considering:
         (1) the proposal has received a favorable
    
comprehensive evaluation;
        (2) the proposal is not duplicative of existing
    
infrastructure project;
        (3) the alternative proposal does not closely
    
resemble a pending competitive proposal for a public-private private partnership or other procurement;
        (4) the proposal demonstrates a unique method,
    
approach, or concept;
        (5) facts and circumstances that preclude or warrant
    
additional competition;
        (6) the availability of any funds, debts, or assets
    
that the State will contribute to the project;
        (7) facts and circumstances demonstrating that the
    
project will likely have a significant adverse impact on on State bond ratings; and
        (8) indemnifications included in the proposal.
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