IFP-44: Can participants in a procurement event release information about their bids and Proposals beyond the information that is released by the Commission at the conclusion of a procurement event?

The Illinois Public Utilities Act restricts the disclosure of information related to Proposals submitted to the Procurement Administrator for a procurement held on behalf of the Illinois Power Agency. For such procurement events, the Illinois Commerce Commission makes public only the names of the successful bidders and the average of the winning bid prices. In accordance with Commission Orders, the quantities that are successfully procured may also be released. As required by Section 16-111.5(h) of the Public Utilities Act, “all participants in the procurement process shall maintain the confidentiality of all other supplier and bidding information”, i.e., participants are required to maintain the confidentiality of information other than the information released by the Illinois Commerce Commission. Participants include the Bidders and Sellers that submit Proposals to the procurement event. The stipulation in Section 16-111.5(h) of the Public Utilities Act is ongoing even after the procurement process ends.