Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1300 - ATTORNEY GENERAL'S PROCUREMENT › Subpart A - GENERAL › Section 1300.15 - Definitions of Terms Used in This Part

Current through Register Vol. 48, No. 28, July 12, 2024
As used throughout this Part, terms defined in the Illinois
				  Procurement Code shall have the same meaning as in the Code and as further
				  defined in this Section, and each term listed in this Section shall have the
				  meaning set forth in this Section unless its use clearly requires a different
				  meaning. Terms may be defined in particular Sections for use in that
				  Section.
"Amendment" - A written unilateral or bilateral modification
				  to a contract term, as permitted by the original contract. These modifications
				  shall alter the performance and completion of the contract, including but not
				  limited to such matters as extra work, increases or decreases in quantities of
				  goods not included within the scope of the original contract, and increases or
				  decreases in the cost of the contract or the time for completion of the
				  contract.
"Award" - The selection of a vendor for a contract.
"Bid" - The
response submitted by a bidder in a
				  competitive sealed bidding process,
in response
to an
				  Invitation for Bids, or to a multi-step sealed bidding process
[30 ILCS
				  500/1-15.01 ].
"Bidder" - Any person, other than an individual acting as a
				  sole proprietor, who submits a bid. The terms "bidder" and "offeror" are used
				  interchangeably for purposes of this Part.
"Bidder or Offeror Authorized to Transact Business or Conduct
				  Affairs in Illinois" or "Qualified Bidder" - A person, other than an individual
				  acting as a sole proprietor, that is a legal entity authorized to transact
				  business or conduct affairs in Illinois as evidenced by its registration with
				  the Secretary of State Department of Business Services.
"Brand Name or Equal Specification" - A specification that
				  uses one or more manufacturer's names or catalogue numbers to describe the
				  standard of quality, performance, and other characteristics needed to meet
				  State requirements, and that allows the submission of equivalent
				  products.
"Brand Name Specification" - A specification limited to one
				  or more items by manufacturers' names or catalogue numbers.
"Bulletin" or "BidBuy" - The Illinois Procurement Bulletin,
				  which can be found at
https://bidbuy.illinois.gov/bso
.
"Change Order" - A change order shall have the same meaning
				  as an "amendment".
"Code"
				  - The Illinois Procurement Code [30 ILCS 500 ].
"Concession" - The right or a lease to engage in a certain
				  activity for profit on the lessor's premises (e.g., a refreshment or parking
				  concession).
"Consulting Services" - Services provided by a business or
				  person as an independent contractor to advise and assist the OAG in solving
				  specific management or programmatic problems involving the organization,
				  planning, direction, control or operations of the OAG. The services may or may
				  not rise to the level of professional and artistic as defined in the Code and
				  this Part.
"Contract" - A contract may be in written or oral form. The
				  term contract as used in the Code and this Part does not include: goods or
				  services the terms governing which are established by tariff of the Illinois
				  Commerce Commission or the Federal Communications Commission, bonds issued by
				  or on behalf of any State agency, or contracts, other than for "concessions",
				  that the State agency signs, but has no financial obligation to the other
				  parties.
"Contractor" or "Vendor" - A person or entity having a
				  contract with the OAG. The terms "contractor" and "vendor" are used
				  interchangeably for purposes of the Code and this Part.
"Day" - Calendar day. In computing any period of time, the
				  day of the event from which the designated period of time begins to run shall
				  not be included, but the last day of the period shall be included unless it is
				  a Saturday, Sunday, or a State holiday, in which event the period shall run to
				  the end of the next business day.
"DCMS" or "CMS" - The Department of Central Management
				  Services.
"Items" - Anything that may be procured under the Code or
				  this Part.
"Invitation for Bids" or "IFB" -
the process by which
				  a purchasing agent requests information from bidders, including all documents,
				  whether attached or incorporated by reference, used for soliciting
				  bids
[30 ILCS 500/1-15.45 ].
"Multi-Year Contract" - A multi-year contract is a contract
				  with a performance term of more than 12 months.
"OAG" - The Office of the Attorney General.
"Offer" -
a response submitted by an offeror in a
				  competitive sealed proposal process or
in response
to a
				  Request for Proposal
[30 ILCS 500/1-15.51 ]. The terms
				  "offer" and "proposal" are used interchangeably for purposes of this
				  Part.
"Offeror" - A person who responds to an Invitation for Bids,
				  Request for Proposals or other form of solicitation. The terms "offeror" and
				  "bidder" are used interchangeably for purposes of this Part.
"Procurement Officer" - The Chief Procurement Officer (CPO)
				  or appropriate Purchasing Officer who conducts a particular procurement, or a
				  designee of either.
"Proposal" - The response to a Request for Proposals. The
				  terms "proposal" and "offer" are used interchangeably for purposes of this
				  Part.
"Protest Review Office" - The office address of the person
				  designated in the solicitation documents to which protests must be directed.
				  The person designated in the solicitation documents will respond to or
				  coordinate the response to the protest.
"Purchase of Care" -
Purchase of care means a
				  contract with a person for the furnishing of medical, educational, psychiatric,
				  vocational, rehabilitative, social, or human services directly to a recipient
				  of a State aid program.
[30 ILCS 500/1-15.68 ] Services
				  provided to a recipient include those that are a necessary adjunct to the
				  provision of the State aid program services (e.g., obtaining intake information
				  prior to commencement of medical treatment). Services provided to an applicant
				  for a State aid program necessary to determine eligibility for the program are
				  included within this definition.
"Qualified Products List" - An approved list of supplies,
				  services, or construction items described by model or catalogue numbers that,
				  prior to competitive solicitation, the State has determined will meet the
				  applicable specification requirements.
"Renewal" - An extension of an original contract with
				  materially identical terms to the original contract.
"Request for Information" or "RFI" - The process by which the
				  OAG requests information from offerors for OAG contracts for leases of real
				  property or capital improvements.
"Request for Proposals" or "RFP" - The process by which the
				  OAG requests information from offerors, including all documents, whether
				  attached or incorporated by reference, used for soliciting
				  proposals
.
"Responsible Bidder", "Potential Contractor" or "Offeror" - A
				  person who has the capability in all respects to perform fully the contract
				  requirements and the integrity and reliability that will assure good faith
				  performance. A responsible bidder, potential contractor or offeror shall not
				  include a business or other entity that does not exist as a legal entity at the
				  time the bid or proposal was submitted in response to an OAG solicitation. The
				  terms "responsible bidder", "potential contractor" and "offeror" are used
				  interchangeably for purposes of this Part.
"Services" -
The furnishing of labor, time or effort
				  by a contractor, not involving the delivery of a specific end product other
				  than reports or supplies that are incidental to the required
				  performance
[30 ILCS 500/1-15.90 ], and the
				  financing thereof.
"Solicitation" - An Invitation for Bids, a Request for
				  Proposals or other request to one or more vendors to respond to a procurement
				  need expressed by the OAG.
"Specification" - Any description of the physical,
				  functional, or performance characteristics, or of the nature of supply,
				  service, or construction items. A specification includes, as appropriate,
				  requirements for inspecting, testing, or preparing a supply, service, or
				  construction item for delivery. Unless the context requires otherwise, the
				  terms "specification" and "purchase description" are used interchangeably
				  throughout this Part.
"Specification for a Common or General Use Item" - A
				  specification that has been developed and approved for repeated use in
				  procurements.
"Subcontract" - A contract between one person and another
				  person who has or is seeking a contract subject to this Part, pursuant to which
				  the subcontractor provides to the contractor some or all of the goods,
				  services, property, remuneration or other forms of consideration that are the
				  subject of the primary contract and includes, among other things, subleases
				  from a lessee of a State agency. A
"subcontract" does not include
				  purchases of goods or supplies that are incidental to the performance of a
				  contract by a person who has a contract
subject to this Part
				  [30 ILCS
				  500/1-15.107 ].
"Subcontractor" - A person or entity that enters into a
				  contractual agreement, for an amount greater than the small purchases limits
				  set by Section 20-20 of the Code (or an amount set by rule pursuant to Section
				  20-20(c) of the Code) or Section 35-35 of the Code or Section 45 of the
				  Architectural, Engineering and Land Surveying Qualifications Based Selection
				  Act [30
				  ILCS 535/45 ], with a contractor who has or is seeking
				  a contract subject to the Code and this Part, to provide the contractor with
				  some or all of the goods, services, property, remuneration or other forms of
				  consideration that are the contractor's contractual obligations.
A
				  person or entity is not a "subcontractor" if that person only provides goods or
				  supplies that are incidental to the performance of a contract by a person who
				  has a contract
subject to this Part [30 ILCS
				  500/1-15.108 ].
"Unsolicited Offer" - Any offer other than one submitted in
				  response to a solicitation.