§1.5740. Written Comments and Oral Testimony

Any person wishing to comment for or against the determination may do so in writing alone, may testify in person and may submit written comments reflecting the oral testimony.

 

a)         Written Comments

 

1)         Submission of Written Comments

Written comments are requested by the hearing registration deadline, shown in the Bulletin notice. All written comments received by the hearing date will be considered.

 

2)         Incorporation of Written Comments

If the Hearing Officer has received any written comment, the name and affiliation of the person submitting the comment shall be stated for the record and the written comments shall be incorporated into the record.  In addition, the Hearing Officer may read excerpts from or summarize the basic points of the written comments for the record.

 

b)         Oral Testimony

 

1)         Advance Registration

Any person who wishes to testify is requested to register with the Hearing Contact.  Advance registration is requested to allow for efficient scheduling and to ensure the hearing room has sufficient capacity for those who wish to testify. Those who register in advance will be heard first on the matter for which they registered. The Hearing Officer has discretion to limit testimony for the efficiency of the hearing.

 

2)         Written Copy of Testimony Requested

Written comments reflecting proposed oral testimony are requested by the hearing registration deadline shown in the Bulletin notice to allow the Hearing Officer time to prepare for the hearing.  A person testifying may submit written comments along with the testimony.  The Hearing Officer may request a written copy of the oral testimony.

 

3)         Witness Slip Required

Each person providing oral testimony must complete a witness slip and provide it to the Hearing Officer as instructed.

 

4)         Duration of Testimony

Each person shall have a reasonable period of time to present his or her position based on the complexity of the issue and the press of other business,

 

c)         Sole Source and Emergency Contract Extensions − Supplemental Provisions

 

1)         The notice, including attachments, as shown in the Bulletin represents the position of the State agency and the initial position of the CPO-GS.  The Hearing Officer shall have the notice placed into the record.  A copy of the notice will be posted in the hearing room.

 

2)         The SPO and a representative of the State agency shall attend the hearing if any person registers in advance to testify in opposition to the sole source or emergency contract extension determination.  Attendance may be by video or audio.  The SPO and agency representative shall respond to questions of the Hearing Officer and shall be available for consultation after adjournment of the hearing.

 

3)         The Hearing Officer may ask questions or request further written information in response to written comments or testimony or at the Hearing Officer's initiative.  The Hearing Officer may allow parties to engage in dialogue and allow follow-up questions and answers as needed to ensure full understanding of the matter.  The Hearing Officer is not required to respond to substantive questions at the hearing nor make commitments regarding the content of his or her recommendation.

 

d)         Suspension and Debarment − Supplemental Provisions

A party who receives notice of suspension or debarment may request a hearing to protest the suspension or debarment action.  The hearing will be conducted in accordance with this Section and the following additional provisions shall apply.

 

1)         The Hearing Officer may ask questions or request further written information in response to written comments or testimony or at the Hearing Officer's initiative.  The Hearing Officer is not required to respond to substantive questions at the hearing or make commitments regarding the content of his or her recommendation.

 

2)         Both the affected State agency and the vendor affected by a suspension of debarment may, at the discretion of the Hearing Officer, bring in witnesses to present testimony regarding the facts or circumstances that led to the determination to suspend or debar.

 

3)         In addition to responding to questions of the Hearing Officer, the witnesses shall respond to questions by the affected vendor if, at the discretion of the Hearing Officer, the questions are allowed.

 

A)        The Hearing Officer may allow questions when the subject matter of the question is relevant and the questioning will not unnecessarily delay the proceedings.

 

B)        The Hearing Officer may deny questions when the subject matter seeks only to unnecessarily embarrass the witness or delay the proceedings.

 

e)         Recommendation

After conclusion of the hearing, the Hearing Officer shall review the State agency's position, any information obtained from public comment (written or oral), the applicable Sections of the Procurement Code, other laws and associated rules and written policies and other information deemed relevant.

 

f)          Decision of the CPO-GS

 

1)         The CPO-GS shall, after considering the Hearing Officer's recommendation, make a decision in writing (which may be electronic) to uphold or overturn, in whole or in part, the State agency's decision.

 

2)         The CPO-GS may request additional information from the Hearing Officer, or any other party, including supplemental comments or testimony from the interested parties, prior to making a decision.

 

3)         The CPO-GS may adopt the recommendation, in whole or in part, or may reject the recommendation, or may write a separate decision.

 

g)         Notice of Decision

 

1)         The decision of the CPO-GS shall be provided to the impacted parties and State agencies.  A copy of the decision shall be posted to the Bulletin.

 

2)         Upon posting notice of a decision upholding the determination, the State agency may take action to have the contract executed.

 

h)         Maintenance of Records

A copy of the public notices, any documents presented, any written comments, the recommendation of the Hearing Officer, and any decision of the CPO-GS shall be maintained in the procurement file.  Any transcript or recording of a public hearing shall be available upon request.

 

(Source:  Amended at 38 Ill. Reg. 20884, effective October 31, 2014)