Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 930 - CAPITAL DEVELOPMENT BOARD PROCUREMENT PRACTICES FOR THE QUINCY VETERANS' HOME › Subpart C - GENERAL PROVISIONS APPLICABLE TO CONSTRUCTION AND CONSTRUCTION-RELATED SERVICES PROCUREMENTS › Section 930.380 - Substantial Compliance with the Illinois Procurement Code

Current through Register Vol. 48, No. 28, July 12, 2024
This Section provides additional requirements for the
				  substantial compliance with the Sections of the Illinois Procurement Code
				  listed in Section 930.130. This Section supplements the requirements found in
				  the Code and does not excuse substantial compliance with any of the Code
				  requirements.
a) Substantial
				Compliance with Code Section 20-160 (Business Entities; Certification;
				Registration with the State Board of Elections) and Section 50-37 (Prohibition
				of Political Contributions)
1) These
				requirements generally apply to a vendor whose existing State contracts have an
				aggregate value in excess of $50,000, whose aggregate value of bids/proposals
				for State contracts exceeds $50,000, or whose aggregate value of State
				contracts and bids/proposals exceeds $50,000, calculated on a calendar-year
				basis.
2) On a calendar-year basis,
				each vendor or potential vendor must keep track of the value of contracts and
				bids/proposals. Vendors must register with the State Board of Elections when
				the vendor determines that the value of the contracts and bids/proposals meets
				the threshold for registration.
3)
				Documentation of vendor compliance must be in the procurement file in relation
				to any contract for which a vendor is required to register as set forth in
				subsection (a)(2), unless the vendor certifies it is not required to register.
A) For contract renewals and extensions, if
				the value of the renewal or extension by itself, or in combination with the
				contract being renewed/extended and other contracts and bids/proposals, exceeds
				$50,000, the vendor must provide documentation of vendor compliance upon
				request and make the appropriate contract certification, if it has not already
				done so. The Registration Certificate issued by the State Board of Elections,
				or other evidence of vendor compliance, may be provided by reference to and
				incorporation of the vendor's prequalification by the CPO.
B) CDB shall identify in the solicitation
				whether the contract is estimated to exceed $50,000 annually. Vendors
				submitting bids or offers for master contracts estimated to exceed $50,000
				annually, regardless of actual vendor consumption, are required to register
				with State Board of Elections.
C)
				For indefinite quantity/estimated value contracts that are not estimated to
				exceed $50,000 annually, a vendor who is otherwise not required to register
				shall register with the State Board of Elections when the maximum value of
				orders that may be placed pursuant to an indefinite/estimated value contract,
				plus all other contracts and bids/proposals, exceeds $50,000 annually. The
				vendor shall register with the State Board of Elections within 10 business days
				after orders exceed $50,000.
D) For
				contract amendments, if the value of the amendment, by itself or in combination
				with the contract being renewed plus other contracts and bids/proposals exceeds
				$50,000 annually, the vendor must provide the Registration Certificate or other
				evidence of compliance upon request and make the appropriate contract
				certification, if it has not already done so.
E) Any contracts mistakenly executed in
				violation of this Section must be amended to include the contract
				certifications, and the vendor must supply the Registration Certificate or
				other evidence of compliance upon request. If any violation by the vendor is
				not cured within 5 business days after receipt of notification of the
				violation, the contract is voidable by the State without penalty.
F) Certification of the requirement to
				register with the State Board of Elections (see 30 ILCS 20 -160(a)) shall be
				included in or added to each contract that must be filed with the State
				Comptroller pursuant to Section 20-80 of the Code and those written two-party
				contracts that need not be filed with the Comptroller. CDB may require written
				confirmation of the certification at any time.