reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1500 - OFFICE OF THE GOVERNOR PROCUREMENT RULES › Subpart M - PREFERENCES › Section 1500.4505 - Procurement Preferences

Current through Register Vol. 48, No. 28, July 12, 2024
The procurement preferences identified in Article 45 of the
				  Code must be considered in developing procurement documents, conducting
				  evaluations and drafting contracts. When any such preference is utilized, the
				  Invitation for Bids, Request for Proposals, or other procurement request shall
				  identify the preference and the conditions associated withv such use.
				  Subsequent Sections of this Subpart M identify conditions for the use of
				  certain of the statutory preferences.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1500 - OFFICE OF THE GOVERNOR PROCUREMENT RULES › Subpart M - PREFERENCES › Section 1500.4510 - Resident Bidder Preference

Current through Register Vol. 48, No. 28, July 12, 2024
a) "Illinois resident vendor" as used in this
				Section means a person authorized to transact business in this State and having
				a bona fide establishment for transacting business within this State at which
				it was actually transacting business on the date when any competitive
				solicitation for a public contract was first advertised or announced, including
				a foreign corporation duly authorized to transact business in this State that
				has a bona fide establishment for transacting business within this State at
				which it was actually transacting business on the date when any competitive
				solicitation for a public contract was first advertised or announced.
b) In breaking a tie, an Illinois resident
				vendor shall be given the award.
c)
				In all procurements involving out-of-state vendors, the CPO shall consult a
				list of states with in-state preference that shall be maintained by
				CMS.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1500 - OFFICE OF THE GOVERNOR PROCUREMENT RULES › Subpart M - PREFERENCES › Section 1500.4530 - Correctional Industries

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The CPO shall consult a listing, maintained by CMS, of supplies or services
				available from the Department of Corrections.
b) Procurement Officers are authorized to
				procure from Corrections without seeking competition or giving public
				notice.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1500 - OFFICE OF THE GOVERNOR PROCUREMENT RULES › Subpart M - PREFERENCES › Section 1500.4535 - Sheltered Workshops for the Disabled

Current through Register Vol. 48, No. 28, July 12, 2024
a) Use of Sheltered Workshop
The Procurement Officer may determine to contract with a
				  sheltered workshop on the list maintained by CMS, and may do so without notice
				  or competition.
b)
				Conditions for Use
The CPO shall, in consultation with the State Use Committee
				  created by the Code (Section 45-35), determine which articles, materials,
				  services, food stuffs and supplies that are produced or manufactured by persons
				  with disabilities in State use sheltered workshops shall be given preference by
				  purchasing agencies procuring those items. The CPO shall use procedures
				  established by CMS for implementing this Section.
c) Sheltered Workshop List
The CPO shall use the list of all qualified sheltered
				  workshops and the supplies and services each qualified sheltered workshop
				  provides, which is maintained by CMS.
d) Pricing Approval
1) While notice and competition is not
				required prior to contracting with a sheltered workshop, prices must be
				reasonable. Whether a price is reasonable will be determined based upon current
				market prices, historical prices, prices received by other State agencies for
				similar supplies or services, the policy of the Code to promote procurements
				from sheltered workshops, and other such relevant factors.
2) The State Use Committee, established under
				Section 45-35 of the Code, must approve contracts for reasonableness of price
				if:
A) the supply or service would ordinarily
				be subject to competitive sealed bidding or competitive sealed proposals
				methods of source selection; or
B)
				the supply or service is bid and the sheltered workshop is selected even though
				not the lowest responsible bidder.
3) State Use Committee approval is not
				required if:
A) the contract does not exceed
				the bid limit set in Section
				1500.2020 of this
				Part and no bidding was conducted; or
B) the contract is let to the sheltered
				workshop under a competitive procedure.
4) When Committee approval is required, it
				will be given or denied in an expeditious manner so as not to disrupt
				procurement activities. Consideration will be at regularly scheduled meetings
				or through special telephone meetings conducted between regular
				meetings.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1500 - OFFICE OF THE GOVERNOR PROCUREMENT RULES › Subpart M - PREFERENCES › Section 1500.4570 - Contracting with Businesses Owned and Controlled by Minorities, Females and Persons with Disabilities

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Introduction
The Business Enterprise Act for Minorities, Females, and
				  Persons with Disabilities [30 ILCS 575 ] (Act) sets a goal (minimum 12%) for
				  contracting with businesses owned or controlled by minorities, females, or
				  persons with disabilities.
b) Upon direction of the CPO, the OG may
				establish set-asides and other such preferences for vendors certified under
				that Act.
c) Certification
Certification procedures are set forth in rules governing the
				  Business Enterprise Act (44 Ill. Adm. Code 10).
d) The CPO may refer to the list of
				businesses that have been certified and maintained by CMS.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1500 - OFFICE OF THE GOVERNOR PROCUREMENT RULES › Subpart N - ETHICS › Section 1500.5013 - Conflicts of Interest

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				This Section does not apply to those elected to local government, including
				school districts, nor does it apply to those elected to federal offices in this
				State. This Section does apply to those elected to an office of Illinois State
				government.
b) An individual has a
				direct pecuniary interest in a contract when the individual is owed a payment
				or otherwise receives a direct financial benefit in conjunction with
				performance of a contract, including finders fees and commission
				payments.
c) Distributable income
				means the income of a company after payment of all expenses, including employee
				salary and bonus, and retained earnings, which is distributed to those entitled
				to receive a share of such income. In the case of a for-profit corporation,
				distributable income means "dividend". When calculating entitlement to
				distributable income the entitlement shall be determined at the end of the
				company's most recent fiscal year.
d) This Section does not apply to contracts
				with licensed professionals provided such contracts are competitively bid. For
				purposes of this Section, "bid" means procured pursuant to the competitive
				procedures identified in Subpart E of this Part.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1500 - OFFICE OF THE GOVERNOR PROCUREMENT RULES › Subpart N - ETHICS › Section 1500.5015 - Negotiations for Future Employment

Current through Register Vol. 48, No. 28, July 12, 2024
a) It is unlawful for any person employed in
				or on a continual contractual relationship with any of the offices or agencies
				of State government to participate in contract negotiations on behalf of that
				office or agency with any firm, partnership, association, or corporation with
				whom that person has a contract for future employment or is negotiating
				concerning possible futureemployment. [30 ILCS
				500/50-15(a) ]
b) An individual who performs services
				pursuant to a contract and who meets the requirements of an "employee" as
				opposed to an independent contractor is in a "continued contractual
				relationship" from the effective date of the contract until such time as the
				contract is terminated.
c) An
				individual who performs services pursuant to a contract and who meets the
				requirements of an "independent contractor" as opposed to an "employee" is in a
				"continued contractual relationship" if the contract term is indefinite, is
				automatically renewed, is renewable at the individual's option, is renewable
				unless the State must act to terminate, or has a definite term of at least
				three months.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1500 - OFFICE OF THE GOVERNOR PROCUREMENT RULES › Subpart N - ETHICS › Section 1500.5020 - Exemptions

Current through Register Vol. 48, No. 28, July 12, 2024
If the Procurement Officer finds a conflict of interest under
				  Section 50-13 of the Code with the vendor selected for award or contract
				  negotiations, the Procurement Officer, if other than the CPO, shall forward to
				  the CPO the name of the vendor and a description of the proposed contract and
				  of the potential conflict, and shall state why an exemption should be granted.
				  The CPO shall submit the files to the Board of Ethics for its determination and
				  with the approval of the CPO, the Board of Ethics may exempt named individuals
				  from the prohibitions of Section 50-13 of the Code when, in its judgment, the
				  public interest in having the individual in the service of the State outweighs
				  the public policy evidenced in that Section [30 ILCS
				  500/50-20 ].
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1500 - OFFICE OF THE GOVERNOR PROCUREMENT RULES › Subpart N - ETHICS › Section 1500.5030 - Revolving Door

Current through Register Vol. 48, No. 28, July 12, 2024
Effective January 15, 1999, the CPO shall identify in writing
				  the designees whose jobs, or whose position descriptions, are at least 51%
				  directly related to State Procurement. The following activities are directly
				  related to State Procurement: drafting specifications, preparing Invitations
				  for Bids and Requests for Proposals, evaluating responses to Invitations for
				  Bids and Requests for Proposals, negotiating contracts and supervising any of
				  the foregoing. The CPO shall maintain that information for a period of at least
				  two years following the end or revocation of the designation.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1500 - OFFICE OF THE GOVERNOR PROCUREMENT RULES › Subpart N - ETHICS › Section 1500.5035 - Disclosure of Financial Interests and Potential Conflicts of Interest

Current through Register Vol. 48, No. 28, July 12, 2024
a) For purposes of
				Section 50-35(a) of the Code, an "offer from responsive bidders or offerors"
				means only those offers that are received using an Invitation for Bids or
				Request for Proposals under Sections 20-10, 20-15 and 20-35 or Article 35 of
				the Code. Disclosures are not required in small, sole source or emergency
				procurements.
b) For purposes of:
1) Section 50-35(b) of the Code, "parent
				entity" means a person who owns 100% of the bidding entity.
2) Section 50-35(b)(1) of the Code,
				"contractual employment of services" means any contract to provide services to
				the State, whether as independent contractor or employee, that is by and
				between the State and the named individual.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1500 - OFFICE OF THE GOVERNOR PROCUREMENT RULES › Subpart O - COMPLAINTS, PROTESTS AND REMEDIES › Section 1500.5510 - Complaints Against Vendors

Current through Register Vol. 48, No. 28, July 12, 2024
a) The purpose of this Section is to document
				performance of vendors.
b) Whenever
				a vendor fails to meet contract requirements, including but not limited to
				failure to deliver on time or meet specifications, the OG shall take
				appropriate action to initiate a complaint to the vendor.
c) For relatively minor infractions, the OG
				may initiate contact by telephone or in person. If not resolved by this action,
				a written complaint shall be made.
d) For other infractions, the OG shall send a
				written complaint to the vendor detailing the problem.
e) A copy of all written complaints and the
				resolution or status shall be filed with CMS.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1500 - OFFICE OF THE GOVERNOR PROCUREMENT RULES › Subpart O - COMPLAINTS, PROTESTS AND REMEDIES › Section 1500.5520 - Suspension

Current through Register Vol. 48, No. 28, July 12, 2024
The OG may recommend to CMS that a vendor be suspended from
				  doing business with the State, with one or more agencies, or for specific types
				  of supplies or services. Suspensions will be governed by 1 Ill. Adm. Code
				  1.5510
				  through
				  1.5550.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1500 - OFFICE OF THE GOVERNOR PROCUREMENT RULES › Subpart O - COMPLAINTS, PROTESTS AND REMEDIES › Section 1500.5530 - Resolution of Contract Controversies

Current through Register Vol. 48, No. 28, July 12, 2024
a) Authority to Resolve Controversies
The Procurement Officer shall have authority to resolve
				  controversies.
b) Authority
				of the OG
The OG has the authority to accept delivery of supplies or
				  services in accordance with contract requirements as satisfactory adjustment of
				  a complaint.
c)
				Substitution of Terms/Price Reduction
If the vendor proposes to make an adjustment by:
1) substituting an alternative specification,
				or
2) reducing the contract price
				by a certain amount to compensate for some failure to provide full performance
				under the contract,
such proposal must be referred to and approved by the
				  Procurement Officer.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1500 - OFFICE OF THE GOVERNOR PROCUREMENT RULES › Subpart O - COMPLAINTS, PROTESTS AND REMEDIES › Section 1500.5540 - Violation of Statute or Rule

Current through Register Vol. 48, No. 28, July 12, 2024
a) Determination that Solicitation or Award
				Violates Law
If the Purchasing Officer finds that the solicitation or
				  proposed award is in violation of statute or rule, the Purchasing Officer may
				  cancel the solicitation or proposed award, or make modifications to correct the
				  violation, if such correction may be legally accomplished.
b) Determination that Contract Violates the
				Code or this Part
Contracts based on awards or solicitations that were in
				  violation of law shall be terminated at no cost to the OG unless statute or
				  rule allows the OG to modify, ratify or take other corrective action.
c) Effect of Declaring a Contract
				Null and Void
In all cases in which a contract is voided, the OG shall
				  endeavor to return those supplies delivered under the contract that have not
				  been used or distributed. No further payments shall be made under the
				  contract.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1500 - OFFICE OF THE GOVERNOR PROCUREMENT RULES › Subpart O - COMPLAINTS, PROTESTS AND REMEDIES › Section 1500.5550 - Protests

Current through Register Vol. 48, No. 28, July 12, 2024
a) Protest Resolution
				by the Procurement Officer
An actual or prospective bidder, offeror, or vendor that may
				  be aggrieved in connection with a procurement may file a protest on any phase
				  of solicitation or award, including but not limited to specifications
				  preparation, bid solicitation, or award.
b) Complaint to Procurement Officer
Complainants should seek resolution of their complaints
				  initially with the office that issued the solicitation. Such complaints may be
				  made verbally or in writing.
c) Filing of Protest
1) Protests shall be made in writing to the
				Procurement Officer, if applicable, and shall be filed within 7 calendar days
				after the protester knows or should have known of the facts giving rise to the
				protest. A protest is considered filed when physically received by the
				Procurement Officer. Protests filed after the 7 calendar day period shall not
				be considered. In regard to a protest regarding specifications, the protest
				must be received within 7 calendar days after the date the solicitation was
				issued, and in any event must be received by the OG at the designated address
				before the date for opening of bids or proposals.
2) To expedite handling of protests, the
				envelope should be labeled "Protest". The written protest shall include as a
				minimum the following:
A) the name and
				address of the protester;
B)
				appropriate identification of the procurement and, if a contract has been
				awarded, its number;
C) a statement
				of reasons for the protest; and
D)
				supporting exhibits, evidence, or documents to substantiate any claims unless
				not available within the filing time, in which case the expected availability
				date shall be indicated.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1500 - OFFICE OF THE GOVERNOR PROCUREMENT RULES › Subpart P - GOVERNMENTAL JOINT PURCHASING › Section 1500.6500 - General

Current through Register Vol. 48, No. 28, July 12, 2024
In an effort to make the procurement process more efficient,
				  OG and other governmental units (including not-for-profit entities authorized
				  by law to participate in joint purchasing) may agree to utilize each others'
				  procurement contracts. This authority is governed by this Subpart and the
				  Governmental Joint Purchasing Act [30 ILCS 525 ]. Only the CPO may enter into
				  contracts under the Act when the OG is a party to the
				  contract.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1500 - OFFICE OF THE GOVERNOR PROCUREMENT RULES › Subpart P - GOVERNMENTAL JOINT PURCHASING › Section 1500.6510 - No Agency Relationship

Current through Register Vol. 48, No. 28, July 12, 2024
In any joint procurement situation, the other governmental
				  unit must issue its own purchase order, accept its own deliveries and make its
				  own payments. The State of Illinois shall have no obligation to the vendor for
				  payment of orders placed by other governmental units.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1500 - OFFICE OF THE GOVERNOR PROCUREMENT RULES › Subpart P - GOVERNMENTAL JOINT PURCHASING › Section 1500.6520 - Obligations of Participating Governmental Units

Current through Register Vol. 48, No. 28, July 12, 2024
If governmental units determine to use contracts established
				  by the OG or by CMS on behalf of the OG, they must:
a) provide to the CPO a copy of the ordinance
				or resolution passed by the governing body of the governmental unit giving
				authority to make purchases from contracts issued by the State of
				Illinois;
b) make all purchases
				under the State contracts for public use only and specifically prohibit
				personal use or consumption by any individual, public employee or
				official;
c) make payment to the
				vendor within 30 days after receipt of supplies or services;
d) place orders with the supplier directly
				using their own purchase order forms. A copy of the purchase order must also be
				sent to the CPO. This copy will be used for statistical purposes and will serve
				as notice that the governmental unit has complied with the bid
				action;
e) inspect all items
				immediately for compliance with the contract specifications and report to the
				CPO any failure of suppliers to comply with contract requirements;
				and
f) attempt to resolve disputes
				with the vendor before involving the CPO.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1500 - OFFICE OF THE GOVERNOR PROCUREMENT RULES › Subpart Q - MISCELLANEOUS PROVISIONS OF GENERAL APPLICABILITY › Section 1500.7000 - Severability

Current through Register Vol. 48, No. 28, July 12, 2024
If any provision of this Part or any application thereof is
				  held invalid, such invalidity shall not affect other provisions or applications
				  of this Part that can be given effect without such invalid provision or
				  application.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1500 - OFFICE OF THE GOVERNOR PROCUREMENT RULES › Subpart Q - MISCELLANEOUS PROVISIONS OF GENERAL APPLICABILITY › Section 1500.7010 - Government Furnished Property

Current through Register Vol. 48, No. 28, July 12, 2024
If the OG provides any property to the vendor in furtherance
				  of the contract, such property shall remain the property of the State but may
				  be consumed by the vendor if necessary to complete the contract. Vendor will
				  issue a receipt for the property and will be responsible for its safekeeping
				  and for return of unused property to the State.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1500 - OFFICE OF THE GOVERNOR PROCUREMENT RULES › Subpart Q - MISCELLANEOUS PROVISIONS OF GENERAL APPLICABILITY › Section 1500.7015 - Inspections

Current through Register Vol. 48, No. 28, July 12, 2024
a) Inspection of Plant
				or Site
The OG may enter, or authorize CMS to enter, a vendor's or
				  subcontractor's plant or place of business to:
1) inspect supplies or services for
				acceptance by the State pursuant to the terms of a contract;
2) audit the books and records of any vendor
				or subcontractor pursuant to Section
				1500.7020
				(Records and Audits) of this Part;
3) investigate an action to debar or suspend
				a person from consideration for award of contracts pursuant to the
				Code;
4) determine whether the
				standards of responsibility have been met or are capable of being
				met;
5) determine if the contract
				is being performed in accordance with its terms; and
6) accomplish any other purpose permitted by
				law.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1500 - OFFICE OF THE GOVERNOR PROCUREMENT RULES › Subpart Q - MISCELLANEOUS PROVISIONS OF GENERAL APPLICABILITY › Section 1500.7020 - Records and Audits

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Retention of Books and Records
Books and records that relate to performance of a contract,
				  including subcontracts, and that support amounts charged to the OG, shall be
				  maintained:
1) by a vendor, for three
				years from the date of final payment under the prime contract;
2) by a subcontractor, for at least three
				years from the date of final payment under the subcontract; and
3) by a vendor and subcontractor for such
				longer period of time as is necessary to complete ongoing or announced
				audits.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1500 - OFFICE OF THE GOVERNOR PROCUREMENT RULES › Subpart Q - MISCELLANEOUS PROVISIONS OF GENERAL APPLICABILITY › Section 1500.7025 - Written Determinations

Current through Register Vol. 48, No. 28, July 12, 2024
a) Preparation and Execution
When the Code or this Part requires a written determination,
				  the officer required to prepare the determination may delegate its preparation,
				  but the responsibility for and the execution of the determination shall not be
				  delegated.
b) Content
Each written determination shall set out sufficient facts,
				  circumstances, and reasoning as will substantiate the specific determination
				  that is made.
c) Obtaining
				Supporting Information
While an officer is responsible for the execution of the
				  written determination, other State personnel, particularly technical personnel
				  and appropriate personnel in the purchasing agency, are responsible for
				  furnishing to the cognizant official, in an accurate and adequate fashion, the
				  information pertinent to the determination. When requested, such information
				  shall be furnished in writing to the cognizant official who shall have the
				  authority to decide the final form and content of the determination and to
				  resolve any questions or conflicts arising with respect to the
				  determination.
d) Forms
The CPO is authorized to prescribe methods and operational
				  procedures to be used in preparing written determinations.
e) Retention
Each written determination shall be filed in the solicitation
				  or contract file to which it applies, shall be retained as part of such file
				  for so long as the file is required to be maintained, and, except as otherwise
				  provided by statute or rule, shall be open to public
				  inspection.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1500 - OFFICE OF THE GOVERNOR PROCUREMENT RULES › Subpart Q - MISCELLANEOUS PROVISIONS OF GENERAL APPLICABILITY › Section 1500.7030 - No Waiver of Sovereign Immunity

Current through Register Vol. 48, No. 28, July 12, 2024
Nothing in this Part shall be deemed to be a waiver of
				  sovereign immunity.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1600 - OFFICE OF THE LT. GOVERNOR'S PROCUREMENT RULES › Subpart A - GENERAL › Section 1600.01 - Title

Current through Register Vol. 48, No. 28, July 12, 2024
This Part may be cited as the Office of the Lt. Governor
				  Procurement Rules.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1600 - OFFICE OF THE LT. GOVERNOR'S PROCUREMENT RULES › Subpart A - GENERAL › Section 1600.05 - Policy

Current through Register Vol. 48, No. 28, July 12, 2024
All procurements by the Office of the Lt. Governor (OLG)
				  shall be accomplished in the most economical, expeditious and commercially
				  reasonable manner that is in accordance with statute, this Part and other
				  applicable rules.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1600 - OFFICE OF THE LT. GOVERNOR'S PROCUREMENT RULES › Subpart A - GENERAL › Section 1600.10 - Application

Current through Register Vol. 48, No. 28, July 12, 2024
a) Articles 1, 15, 20,
				25, 35, 40, 45, 50, and 53 of the Illinois Procurement Code [30 ILCS 500 ] (the
				Code) will be referenced herein as though applicable to the OLG, and all
				procurements of goods or services conducted by the OLG or by CMS on behalf of
				the OLG shall be substantially in accordance with those provisions of the Code,
				except to the extent otherwise provided in this Part.
b) For the purposes of the Code and this
				Part, any reference to Chief Procurement Officer (CPO) means the Lt. Governor
				or his designee except that for the purpose of issuing State debt, the Director
				of the Bureau of the Budget shall be the CPO. The Lt. Governor may appoint one
				or more designees.
c) The Code and
				this Part apply to those procurements for which the vendors were first
				solicited on or after July 1, 1998.
d) Procurements for which vendors were first
				solicited on or before June 30, 1998, shall be conducted pursuant to legal
				requirements in effect at the time of the solicitation. The terms and
				conditions and the rights and obligations under contracts resulting from such
				procurements shall not be impaired.
e) A solicitation occurs on or before June
				30, 1998, as follows:
1) When advertising was
				required in the Official State Newspaper, the first advertisement must run no
				later than June 30, 1998.
2) When
				advertising was not required:
A) if the
				procurement was advertised, even though advertising was not required, the first
				advertisement must have run no later than June 30, 1998;
B) if the procurement was by direct
				solicitation by mail, the solicitation must have been postmarked or placed in
				the control of a private carrier no later than June 30, 1998;
C) if the procurement was by direct
				solicitation by fax, the fax must show a transmission date no later than June
				30, 1998;
D) if the procurement was
				solicited in-person or by telephone, the solicitation must have occurred no
				later than June 30, 1998, and the State officer or employee who made the
				solicitation must state in writing when the procurement was discussed and must
				name the party with whom the discussion took place.
3) In all circumstances, the solicitations
				must be for the procurement of particular needs. A general discussion to
				determine if there is any interest on the part of a State agency in the
				supplies or services of a vendor or vendors, or on the part of a vendor or
				vendors in providing the supplies or services, is not considered a
				solicitation.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1600 - OFFICE OF THE LT. GOVERNOR'S PROCUREMENT RULES › Subpart A - GENERAL › Section 1600.25 - Property Rights

Current through Register Vol. 48, No. 28, July 12, 2024
Receipt of an Invitation for Bids or other procurement
				  document, or submission of any response thereto, or other offer, confers no
				  right to receive an award or contract, nor does it obligate the State in any
				  manner.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1600 - OFFICE OF THE LT. GOVERNOR'S PROCUREMENT RULES › Subpart B - PROCUREMENT RULES › Section 1600.525 - Rules

Current through Register Vol. 48, No. 28, July 12, 2024
Procurement under the jurisdiction of the OLG shall be
				  conducted substantially in accordance with the Code and in accordance with this
				  Part except as provided in this Section. The OLG may, in the same manner as
				  State agencies under the jurisdiction of the CPO of CMS, without soliciting
				  independent bids, proposals, or responses, procure goods and services from
				  Master Contracts or other centralized purchasing arrangements established by
				  CMS from vendors selected by CMS in accordance with a competitive selection
				  process established by CMS under the Code.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1600 - OFFICE OF THE LT. GOVERNOR'S PROCUREMENT RULES › Subpart C - PROCUREMENT AUTHORITY › Section 1600.1005 - Exercise of Procurement Authority

Current through Register Vol. 48, No. 28, July 12, 2024
a) The CPO shall ensure that all procurements
				of the OLG are in accordance with the Code and this Part and are in the best
				interests of the State. For procurements other than for issuance of State debt,
				the CPO may request that CMS conduct such procurements on behalf of the OLG.
				Such procurements conducted by CMS on behalf of the OLG shall be carried out in
				accordance with the Code and rules adopted by CMS thereunder. Additionally, the
				CPO may delegate to the CPO of CMS the authority to exercise on behalf of the
				CPO or any Procurement Officer any right, responsibility, duty or obligation
				vested in the CPO or any Procurement Officer under the Code or this
				Part.
b) The CPO may appoint one or
				more employees under his direction and supervision to serve as a SPO.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1600 - OFFICE OF THE LT. GOVERNOR'S PROCUREMENT RULES › Subpart D - PUBLICIZING PROCUREMENT ACTIONS › Section 1600.1510 - Illinois Procurement Bulletin

Current through Register Vol. 48, No. 28, July 12, 2024
a) Notice of any procurement action, by or on
				behalf of the OLG, that would be required by the Code to be published in the
				Illinois Procurement Bulletin if the OLG were a "State Agency" will be
				forwarded to CMS for inclusion in the appropriate volume of the
				Bulletin.
b) The Bulletin may be
				supplemented at the discretion of the OLG with publication elsewhere, including
				in the Official State Newspaper selected by CMS.
c) The notice shall contain at least the
				following information:
1) the Office of the
				Lieutenant Governor;
2) a brief
				purchase description;
3) a
				procurement reference number, if used;
4) the date the procurement is first
				offered;
5) the date, time, and
				location for making submissions;
6)
				the method of source selection;
7)
				the name of the Procurement Officer in charge; and
8) instructions on how to obtain detailed
				information.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1600 - OFFICE OF THE LT. GOVERNOR'S PROCUREMENT RULES › Subpart D - PUBLICIZING PROCUREMENT ACTIONS › Section 1600.1570 - Error in Notice

Current through Register Vol. 48, No. 28, July 12, 2024
When a required publication contains an error, the error may
				  be corrected by a single notice published in the Bulletin.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1600 - OFFICE OF THE LT. GOVERNOR'S PROCUREMENT RULES › Subpart D - PUBLICIZING PROCUREMENT ACTIONS › Section 1600.1580 - Direct Solicitation

Current through Register Vol. 48, No. 28, July 12, 2024
In addition to giving notice in the Bulletin, OLG may
				  directly contact prospective vendors by providing copies of Invitations for
				  Bids, Requests for Proposals, or other procurement information. Direct
				  solicitation may be oral or in writing, but care should be taken to ensure that
				  all vendors solicited in this manner receive the same information as provided
				  to others. No direct solicitation shall be made prior to the date any required
				  notice first appears in the Bulletin.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1600 - OFFICE OF THE LT. GOVERNOR'S PROCUREMENT RULES › Subpart E - SOURCE SELECTION AND CONTRACT FORMATION › Section 1600.2005 - General Provisions

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Late Bids or Proposals, Late Withdrawals and Late Modifications
1) Definition. Any bid or proposal received
				after the time and date for receipt, and at other than the specified location,
				is late. A bid that is delivered to the wrong location but that is subsequently
				delivered to the correct location by the date and time specified shall be
				considered, but the agency shall not be responsible for ensuring such
				subsequent delivery. Any withdrawal or modification of a bid or proposal
				received after the time and date set for opening of bids or proposals is late.
				If received at other than the specified location, the submission is
				late.
2) Treatment. No late bid or
				proposal, late modification, or late withdrawal will be considered unless the
				CPO, and not a designee, determines it would have been timely but for the
				action or inaction of State personnel directly serving the procurement activity
				(e.g., providing the wrong address).
3) Records. Records shall be made and, in
				accordance with the State Records Act [5 ILCS 160 ], kept for each late bid or
				proposal, late modification, or late withdrawal.
4) Other Submissions. Any other submission
				that has a time or date deadline shall be treated in the same manner as a late
				bid.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1600 - OFFICE OF THE LT. GOVERNOR'S PROCUREMENT RULES › Subpart E - SOURCE SELECTION AND CONTRACT FORMATION › Section 1600.2010 - Competitive Sealed Bidding

Current through Register Vol. 48, No. 28, July 12, 2024
a) Application
Competitive sealed bidding is the required method of source
				  selection except as allowed by the Code and this Part. The provisions of this
				  Section apply to every procurement required to be conducted by competitive
				  sealed bidding.
b) The
				Invitation for Bids
1) Use. The Invitation for
				Bids is used to initiate a competitive sealed bid procurement.
2) Content. The Invitation for Bids shall
				include, at a minimum, the following:
A)
				instructions and information to bidders concerning the bid submission
				requirements, including the time and date set for receipt of bids, the address
				of the office to which bids are to be delivered, and the maximum time for bid
				acceptance;
B) the purchase
				description, evaluation factors, delivery or performance schedule, and such
				inspection and acceptance requirements as are not included in the purchase
				description; and
C) the contract
				terms and conditions, including warranty and bonding or other security
				requirements, as applicable.
3) Incorporation by Reference. The Invitation
				for Bids may incorporate documents by reference provided that the Invitation
				for Bids specifies where such documents can be obtained.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1600 - OFFICE OF THE LT. GOVERNOR'S PROCUREMENT RULES › Subpart E - SOURCE SELECTION AND CONTRACT FORMATION › Section 1600.2012 - Multi-Step Sealed Bidding

Current through Register Vol. 48, No. 28, July 12, 2024
a) Definition. Multi-step sealed bidding is a
				two-phase process consisting of a technical first phase composed of one or more
				steps in which bidders submit unpriced technical offers to be evaluated by the
				State, and a second phase in which those bidders whose technical offers are
				determined to be acceptable during the first phase have their price bids
				considered.
b) Conditions for Use.
				The multi-step sealed bidding method may be used when it is not practical to
				prepare initially a definitive purchase description that will be suitable to
				permit an award based on price. Multi-step sealed bidding may be used when it
				is considered desirable:
1) to invite and
				evaluate possible diverse technical offers to determine their acceptability to
				fulfill the purchase description requirements; and
2) to conduct discussions for the purposes of
				facilitating understanding of the technical offer and purchase description
				requirements and, where appropriate, obtain supplemental information, permit
				amendments of technical offers, or amend the purchase description.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1600 - OFFICE OF THE LT. GOVERNOR'S PROCUREMENT RULES › Subpart E - SOURCE SELECTION AND CONTRACT FORMATION › Section 1600.2015 - Competitive Sealed Proposals

Current through Register Vol. 48, No. 28, July 12, 2024
a) Competitive Sealed Proposals may be used
				whenever permitted by the Code and as described in this Part.
b) The Competitive Sealed Proposal method of
				source selection may be used to procure the following categories (note that the
				following services, if they are professional and artistic, must be procured
				pursuant to Section
				1600.2035
				of this Part):
1) electronic data processing
				equipment, software, and services;
2) telecommunications equipment, software,
				and services;
3) consulting
				services; and
4) employee benefits
				and management of those benefits.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1600 - OFFICE OF THE LT. GOVERNOR'S PROCUREMENT RULES › Subpart E - SOURCE SELECTION AND CONTRACT FORMATION › Section 1600.2020 - Small Purchases

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Application
1) Procurements of $25,000 or
				less for supplies or services, other than professional and artistic, and
				$30,000 or less for construction may be made using the method of source
				selection determined by the Procurement Officer to be most appropriate to the
				circumstances.
2) Procurements of
				less than $20,000 for professional and artistic services and that have a
				non-renewable term of one year or less may be made using the method of source
				selection determined by the Procurement Officer to be most appropriate to the
				circumstances.
3) Any change
				identified by the United States Department of Labor in the Consumer Price
				Index, as certified by CMS, for All Urban Consumers for the period ending
				December 31, 1998, and for each year thereafter shall be used to adjust the
				small purchase maximums that shall be applicable for the fiscal year beginning
				July 1, 1999. The small purchase maximums shall be likewise recalculated for
				each July 1 thereafter.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1600 - OFFICE OF THE LT. GOVERNOR'S PROCUREMENT RULES › Subpart E - SOURCE SELECTION AND CONTRACT FORMATION › Section 1600.2025 - Sole Economically Feasible Source Procurement

Current through Register Vol. 48, No. 28, July 12, 2024
a) Application
The provisions of this Part apply to procurement from a sole
				  economically feasible source (referred to as sole source) unless the estimated
				  amount of the procurement is within the limit set in Section
				  1600.2020 (Small
				  Purchases) or unless emergency conditions exist as defined in Section
				  1600.2030
				  (Emergency Procurements) of this Part.
b) Conditions for Use of Sole Source
				Procurement
Sole source procurement is permissible when a requirement is
				  available from only a single supplier or when only one supplier is deemed
				  economically feasible. A requirement for a particular proprietary item does not
				  justify a sole source procurement if there is more than one potential bidder or
				  offeror authorized to provide that item. The following are examples of
				  circumstances that could necessitate sole source procurement:
1) the compatibility of equipment,
				accessories, replacement parts, or service is a paramount
				consideration;
2) a sole supplier's
				items are needed for trial use or testing;
3) a sole supplier's item is to be procured
				for commercial resale;
4) public
				utility regulated services are to be procured;
5) the item is copyrighted or patented and
				the item or service is not available except from the holder of the copyright or
				patent;
6) the procurement of the
				media for advertising;
7) the
				procurement of art or entertainment services; and
8) changes to existing contracts (see
				subsection (c) below).
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1600 - OFFICE OF THE LT. GOVERNOR'S PROCUREMENT RULES › Subpart E - SOURCE SELECTION AND CONTRACT FORMATION › Section 1600.2030 - Emergency Procurements

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Applications
The provisions of this Part apply to every procurement over
				  the small purchase limit set in Section
				  1600.2020 (Small
				  Purchases) of this Part that is not a sole source procurement under Section
				  1600.2025
				  of this Part made under emergency, including quick purchase, conditions.
b) Definition of Emergency
				Conditions
Procurements may be made under this Section
				  1600.2030
				  in the following circumstances:
1)
				Traditional circumstances include but are not limited to:
A) public health or safety, including the
				health or safety of any particular person, is threatened;
B) immediate repairs are needed to State
				property to protect against further loss or damage to State property, or to
				prevent loss or damage to State property;
C) immediate action is needed to prevent or
				minimize serious disruption in State services;
D) action is needed to ensure the integrity
				of State records;
E) equipment or
				services are necessary in the furtherance of covert activities lawfully
				conducted by a State agency. Any required disclosures shall be made so as not
				to jeopardize those covert activities;
F) immediate action is necessary to avoid
				lapsing or loss of federal or donated funds;
G) the need for items to protect or further
				State interests is immediate and use of other competitive source selection
				procedures under the Code and this Part cannot be accomplished without
				significant risk of causing disadvantage to the State.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1600 - OFFICE OF THE LT. GOVERNOR'S PROCUREMENT RULES › Subpart E - SOURCE SELECTION AND CONTRACT FORMATION › Section 1600.2035 - Competitive Selection Procedures for Professional and Artistic Services

Current through Register Vol. 48, No. 28, July 12, 2024
a) Application
1) The provisions of this Section apply to
				every procurement of professional and artistic services except those subject to
				the Architectural, Engineering and Land Surveying Qualifications Based
				Selection Act [30 ILCS 535 ] and except as provided in subsection (e)
				below.
2) "Professional and
				artistic services" means those services provided under contract to a State
				agency by a person or business, acting as an independent contractor, qualified
				by education, experience, and technical ability [30 ILCS
				500/1-15.60 ].
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1600 - OFFICE OF THE LT. GOVERNOR'S PROCUREMENT RULES › Subpart E - SOURCE SELECTION AND CONTRACT FORMATION › Section 1600.2036 - Other Methods of Source Selection

Current through Register Vol. 48, No. 28, July 12, 2024
a) Split Award
1) An award of a definite quantity
				requirement may be split between bidders or offerors. Each portion shall be for
				a definite quantity and the sum of the portions shall be the total definite
				quantity required. A split award may be used only when award to more than one
				bidder or offeror for different amounts of the same item are necessary to
				obtain the total quantity or the required delivery.
2) The Procurement Officer shall make a
				written determination setting forth the reasons for the split award, which
				determination shall be made a part of the procurement file.