reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 4 - CHIEF PROCUREMENT OFFICER FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION STANDARD PROCUREMENT › Subpart Q - JOINT AND COOPERATIVE PURCHASING › Section 4.5420 - Governmental Joint Purchasing

Current through Register Vol. 48, No. 28, July 12, 2024
a) The CPO-HE or designee may authorize any
				university to purchase personal property, supplies or services jointly with one
				of more governmental units. This applies when the university and another
				governmental entity or consortium of governmental entities agree to jointly
				pursue a procurement opportunity. Procurements and contracts conducted by the
				Illinois Public Higher Education Cooperative on behalf of two or more
				universities are authorized by the provisions of this Section.
b) A university may be a lead procuring
				entity in a governmental joint purchasing activity and lead other public
				universities or agencies of other states (including Washington DC and U.S.
				territories) or by a consortium of these entities.
1) When a university is the lead procuring
				entity, all joint purchases shall be competitively conducted in accordance with
				the Code and this Part.
2) The
				CPO-HE or designee may authorize a multiple award.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 4 - CHIEF PROCUREMENT OFFICER FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION STANDARD PROCUREMENT › Subpart Q - JOINT AND COOPERATIVE PURCHASING › Section 4.5422 - Nongovernmental Joint Purchasing

Current through Register Vol. 48, No. 28, July 12, 2024
a) The CPO-HE or designee may authorize any
				university to purchase personal property, supplies or services jointly with one
				of more nongovernmental units. This applies when the university and a
				not-for-profit entity or for-profit entity, or consortium of for-profit or
				not-for-profit entities, agree to jointly pursue a procurement
				opportunity.
b) A university may be
				a lead procuring entity in a nongovernmental joint purchasing activity and lead
				other nongovernmental entities or a consortium of these entities. When a
				university is a lead procuring entity, all procurements shall be conducted in
				accordance with the Code and this Part.
c) A university may be a participant
				procuring entity in a nongovernmental joint purchasing activity led by a
				nongovernmental entity or by a consortium of these entities.
1) When a university is a participant
				procuring entity, all joint procurements shall be conducted in accordance with
				the agreed specifications, terms and conditions.
2) To be considered a participant procuring
				entity, a university must actively contribute to the procurement, by such means
				as assisting in the development of specifications, being a member of the
				evaluation committee or a required approver of the proposed award, or engaging
				in other similar activity that assists with the procurement.
3) Contracts resulting from a nongovernmental
				joint purchase shall contain all provisions required by Illinois law and this
				Part, including certifications and disclosures required under Article 50 of the
				Code, although the time requirements may be modified.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 4 - CHIEF PROCUREMENT OFFICER FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION STANDARD PROCUREMENT › Subpart Q - JOINT AND COOPERATIVE PURCHASING › Section 4.5424 - Group Purchasing Organizations

Current through Register Vol. 48, No. 28, July 12, 2024
a) The CPO-HE or designee may authorize a
				university or consortium of universities to purchase personal property,
				supplies and services that have been procured through a competitive process by
				a:
1) federal agency;
2) consortium of governmental, educational,
				medical research or similar entities; or
3) group purchasing organizations of which
				the CPO-HE or university is a member or affiliate, including, without
				limitation, any purchasing entity operating under the federal General Services
				Administration, the Higher Education Cooperation Act, and the Midwestern Higher
				Education Compact Act.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 4 - CHIEF PROCUREMENT OFFICER FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION STANDARD PROCUREMENT › Subpart Q - JOINT AND COOPERATIVE PURCHASING › Section 4.5426 - Piggyback Contracts

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The CPO-HE or designee may authorize a university to purchase personal
				property, supplies and services that have been procured through a competitive
				process by another state, another State agency or public university of this
				State or any other state, or the federal government.
b) Purchases made in this manner are referred
				to as piggyback contracts. A piggyback contract is a form of cooperative
				purchasing through which a university is extended the pricing and terms of a
				contract entered into by another state, or another State agency or public
				university of this State or any other state, or by the federal government.
1) The scope of work may not be expanded from
				what was procured in the underlying contract.
2) A piggyback contract is not permissible
				when the action would call for an increase in quantities, or for products or
				services that were not originally solicited and not originally evaluated as
				part of the underlying contract award.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 4 - CHIEF PROCUREMENT OFFICER FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION STANDARD PROCUREMENT › Subpart R - DISPUTES AND PROTESTS › Section 4.5500 - General

Current through Register Vol. 48, No. 28, July 12, 2024
This Part establishes the standards and governing procedures
				  to be followed for resolving procurement-related disputes, protested
				  solicitations and awards, and contract controversies.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 4 - CHIEF PROCUREMENT OFFICER FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION STANDARD PROCUREMENT › Subpart R - DISPUTES AND PROTESTS › Section 4.5530 - Cancellation of Contracts (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 4 - CHIEF PROCUREMENT OFFICER FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION STANDARD PROCUREMENT › Subpart R - DISPUTES AND PROTESTS › Section 4.5540 - Violation of Statute or Rule (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 4 - CHIEF PROCUREMENT OFFICER FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION STANDARD PROCUREMENT › Subpart R - DISPUTES AND PROTESTS › Section 4.5550 - Protests

Current through Register Vol. 48, No. 28, July 12, 2024
a) Procurement-Related
				Protests Allowed
1) Any person may submit a
				protest related to the notice of the procurement, the solicitation document,
				any pre-bid/proposal meeting and any decision to reject a late bid or proposal.
2) Any person who has submitted a
				bid or proposal may protest a decision to reject the person's bid or proposal
				or to award to another person.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 4 - CHIEF PROCUREMENT OFFICER FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION STANDARD PROCUREMENT › Subpart S - SUSPENSION AND DEBARMENT › Section 4.5560 - Suspension and Debarment

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				This Part applies to all debarments or suspensions of vendors from
				consideration for award of contracts under the Code. For purposes of this Part,
				all references to "vendors" includes subcontractors.
b) The CPO-HE may suspend a vendor from doing
				business with the university or with respect to specific types of supplies or
				services.
c) When the CPO-HE finds
				cause exists for suspension or debarment, a notice of suspension or debarment,
				including a copy of that determination, shall be sent to the suspended vendor.
				Notice shall be furnished in writing by personal service or by certified or
				registered mail, shall include the cause for the proposed suspension or
				debarment, and shall contain the legal authority and statement of the matters
				asserted or acts complained of upon which the allegations in the notice are
				based. Bids or proposals will not be solicited from the vendor and, if
				received, will not be considered during the period of suspension or
				debarment.
d) Acts or omissions
				that may be cause for suspension include, but are not limited to:
1) fraud, embezzlement, theft, collusion,
				conspiracy, anti-competitive activity or other misconduct and offenses
				prohibited by law, whether or not the misconduct or offense is in connection
				with a university contract or subcontract or any contract or subcontract
				requiring CPO-HE approval;
2)
				making a material false statement in an application for prequalification or in
				any forms or affidavits required as part of a prequalification or contracting
				process;
3) materially violating
				any rule or procurement procedure or making a material false statement in
				connection with any rules or procurement procedures of the CPO-HE;
4) making a material false statement,
				representation, claim or report respecting the character, quality or cost of
				any work performed or materials furnished in connection with a contract or
				subcontract;
5) doing business with
				a suspended contractor or subcontractor in connection with a contract or
				subcontract subject to the approval of the CPO-HE; or
6) being suspended or disbarred by another
				governmental entity.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 4 - CHIEF PROCUREMENT OFFICER FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION STANDARD PROCUREMENT › Subpart T - VIOLATION OF STATUTE OR RULE › Section 4.5620 - Violation of Statute or Rule

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Determination that Solicitation or Award Violates Statute or Rule
If the CPO-HE or the SPO finds that the solicitation or
				  proposed award is in violation of statute or rule, the CPO-HE or SPO may cancel
				  the solicitation or proposed award, or make modifications to correct the
				  violation, if the correction may be legally accomplished.
b) Determination that Contract Violates the
				Code or this Part
1) If any contract or
				amendment to a contract is entered into, or purchase or expenditure of funds is
				made, at any time in violation of this Part or any other law, the contract or
				amendment may be declared void by the CPO-HE or may be ratified or affirmed,
				provided the CPO-HE determines that ratification is in the best interest of the
				State. If the contract is ratified and affirmed, it shall be without prejudice
				to the State's right to any appropriate damages.
2) If, during the term of a contract, the SPO
				determines that the contractor is delinquent in the payment of debt as set
				forth in Section 50-11 of the Code, the CPO-HE may declare the contract void if
				it determines that voiding the contract is in the best interest of the
				State.
3)
If, during the
				term of a contract, the
CPO-HE
learns from an annual
				certification or otherwise determines that the contractor or subcontractor no
				longer qualifies to enter into State contracts, the
CPO-HE
may
				declare the contract void if it determines that voiding the contract is in the
				best interests
of the State.
However, the related contract
				shall not be declared void unless the contractor refuses to terminate the
				subcontract upon the State's request after a finding that the subcontractor no
				longer qualifies to enter into State contracts.
[30 ILCS
				500/50-60(e) ]
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 4 - CHIEF PROCUREMENT OFFICER FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION STANDARD PROCUREMENT › Subpart U - HEARING PROCEDURES › Section 4.5700 - General

Current through Register Vol. 48, No. 28, July 12, 2024
Any hearing required by the Code or offered in this Part
				  shall be conducted in accordance with the procedures within this Subpart
				  U.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 4 - CHIEF PROCUREMENT OFFICER FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION STANDARD PROCUREMENT › Subpart U - HEARING PROCEDURES › Section 4.5710 - Informal Process

Current through Register Vol. 48, No. 28, July 12, 2024
The hearing is for the purpose of receiving information from
				  interested persons in a reasonable manner. Formal rules of evidence will not
				  apply, nor will the hearing be conducted in the manner of a trial. The Hearing
				  Officer may record the hearing to aid in producing minutes, or may use the
				  recording as the minutes.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 4 - CHIEF PROCUREMENT OFFICER FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION STANDARD PROCUREMENT › Subpart U - HEARING PROCEDURES › Section 4.5720 - Hearing Officers

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The CPO-HE may appoint one or more hearing officers to conduct the hearing. If
				more than one Hearing Officer is assigned to conduct a hearing, one shall be
				designated as the Chief Hearing Officer.
b) The Hearing Officer may require that the
				SPO or authorized representative of a university attend a hearing or be part of
				a Hearing Panel.
c) The Hearing
				Officer will hear and consider information presented by interested persons and
				make a recommendation to the CPO-HE regarding the validity of the subject
				matter of the hearing.
d) The
				Hearing Officer shall be responsible for the orderly conduct of the hearing by
				exercising discretion in:
1) scheduling,
				starting and ending the hearing;
2)
				setting the order of activities;
3)
				setting reasonable time limits for oral statements;
4) resolving any conflicts that may arise
				during the hearing.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 4 - CHIEF PROCUREMENT OFFICER FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION STANDARD PROCUREMENT › Subpart U - HEARING PROCEDURES › Section 4.5730 - Notice of Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Notice that a hearing will be held as necessary to receive testimony or written
				comments regarding the subject matter identified in the notice will be
				published in the Bulletin. The hearing notice shall be published in the
				Bulletin at least 14 days before the date scheduled for the hearing.
b) The hearing may be held as soon as the
				first working day following the end of the notice period. The notice shall
				contain the following information and may describe more than one matter to be
				considered at the same hearing:
1) The name of
				the affected parties (e.g., university and vendor);
2) A description of the subject
				matter;
3) A justification for the
				action under review;
4)
				Requirements for testifying or submitting written comments;
5) Hearing contact information;
6) The date, time and location of the
				hearing;
7) Statement that all
				written comments and oral testimony shall be considered public record and open
				to review by the public;
8) A
				statement of or reference to this hearing procedure.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 4 - CHIEF PROCUREMENT OFFICER FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION STANDARD PROCUREMENT › Subpart U - HEARING PROCEDURES › Section 4.5740 - Written Comments and Oral Testimony

Current through Register Vol. 48, No. 28, July 12, 2024
Any person wishing to comment for or against the
				  determination may do so in writing, 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.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 4 - CHIEF PROCUREMENT OFFICER FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION STANDARD PROCUREMENT › Subpart V - MISCELLANEOUS PROVISIONS OF GENERAL APPLICABILITY › Section 4.7000 - Severability

Current through Register Vol. 48, No. 28, July 12, 2024
If any provision of the Part or any application of it to any
				  person or circumstance is held invalid, that invalidity shall not affect other
				  provisions or applications of this Part that can be given effect without the
				  invalid provision or application and, to this end, the provisions of this Part
				  are declared to be severable.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 4 - CHIEF PROCUREMENT OFFICER FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION STANDARD PROCUREMENT › Subpart V - MISCELLANEOUS PROVISIONS OF GENERAL APPLICABILITY › Section 4.7005 - Supply Inventory (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 4 - CHIEF PROCUREMENT OFFICER FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION STANDARD PROCUREMENT › Subpart V - MISCELLANEOUS PROVISIONS OF GENERAL APPLICABILITY › Section 4.7010 - University Furnished Property

Current through Register Vol. 48, No. 28, July 12, 2024
If the university provides any property to the vendor in
				  furtherance of the contract, the property shall remain the property of the
				  university 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
				  university.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 4 - CHIEF PROCUREMENT OFFICER FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION STANDARD PROCUREMENT › Subpart V - MISCELLANEOUS PROVISIONS OF GENERAL APPLICABILITY › Section 4.7015 - Inspections

Current through Register Vol. 48, No. 28, July 12, 2024
a) Inspection of Plant
				or Site
The CPO-HE or a designee may enter a vendor's or
				  subcontractor's plant or place of business and, pursuant to contract
				  provisions, if any:
1) inspect
				supplies or services for acceptance by the university;
2) audit the books and records of any vendor
				or subcontractor;
3) investigate an
				action to debar or suspend a person from consideration for award of contracts
				in accordance with 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 4 - CHIEF PROCUREMENT OFFICER FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION STANDARD PROCUREMENT › Subpart V - MISCELLANEOUS PROVISIONS OF GENERAL APPLICABILITY › Section 4.7020 - Taxes, Licenses, Assessments and Royalties

Current through Register Vol. 48, No. 28, July 12, 2024
a) The contractor shall pay all current and
				applicable city, county, State and federal taxes, licenses or assessments,
				including federal excise taxes, due on the performance of any contract,
				including, without limiting the foregoing, those required by the Federal
				Insurance Contribution Act (
				26
				USC 3101 et seq.), the Federal Unemployment
				Tax Act (
				26
				USC 3301 et seq.) and the State Unemployment
				Insurance Act [820 ILCS 405 ], together with all royalties due for any
				proprietary items. The contractor is exclusively liable for the payment of
				taxes to the respective governments. In the event the taxes, license,
				assessment or royalties, or any part thereof, are in the first instance charged
				to the university, the contractor shall, upon timely demand of the university,
				pay the university the amount of the tax, license, assessment or royalty due,
				plus all penalties that may have accrued.
b) The university is exempted by Section 3-5
				of the Use Tax Act [35 ILCS
				105/3-5 ] from paying any of the taxes imposed by that
				Act, and sales to the university are exempt by Section 2-5(11) of the
				Retailers' Occupation Tax Act [35 ILCS
				120/2-5(11) ] from any of the taxes
				imposed by that Act. The Illinois Department of Revenue, under 86 Ill. Adm.
				Code
				130.2075(d),
				has declared that sale of materials to construction contractors for conversion
				into real estate for schools or charities are not taxable retail sales. A
				university making purchases of tangible personal property must provide its
				exemption numbers to vendors in order to receive an exemption from tax.
				Contractors making purchases from vendors of tangible personal property that
				will be incorporated into real estate owned by a university must present
				vendors with the university's exemption number and other required documentation
				in order to receive an exemption from tax.
c) Federal Excise Tax. Bidders must not
				include in their prices any allowance for payment under Federal Excise Tax if
				the university is exempt from those taxes. If an order or contract is awarded
				for the purchase of an item that is subject to the Federal Excise Tax, the
				university will furnish the vendor with an exemption certificate or number upon
				request.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 4 - CHIEF PROCUREMENT OFFICER FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION STANDARD PROCUREMENT › Subpart V - MISCELLANEOUS PROVISIONS OF GENERAL APPLICABILITY › Section 4.7030 - No Waiver of Sovereign Immunity

Current through Register Vol. 48, No. 28, July 12, 2024
Nothing in this Part shall be deemed a waiver of sovereign
				  immunity.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 6 - CHIEF PROCUREMENT OFFICER FOR THE DEPARTMENT OF TRANSPORTATION - CONTRACT PROCUREMENT › Subpart A - GENERAL › Section 6.10 - Authority

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Chief
				Procurement Officer (CPO) is established in the Illinois Procurement Code
				(Code) [30 ILCS 500] as the person appointed by the Secretary of Transportation
				with the consent of the majority of the members of the Executive Ethics
				Commission for all construction, construction-related and construction support
				services, operation of any facility, and the provision of any construction or
				construction-related service or activity committed by law to the jurisdiction
				of the Illinois Department of Transportation (Department), including the direct
				or reimbursable expenditure of all federal funds for which the Department is
				responsible or accountable for the use thereof in accordance with federal law,
				regulations or procedure. The CPO has the authority to appoint State Purchasing
				Officers (SPOs) to carry out the responsibility established in the Code. (See
				Sections 1-15.15 and 10-10 of the Code.)
b) With respect to construction,
				construction-related, and construction support services, the Department is
				charged by law with the responsibility for the construction, improvement,
				maintenance and operation of the State Highway System; the rehabilitation,
				improvement and construction of rail facilities; and the construction,
				improvement and maintenance of air navigation facilities either on behalf of
				the State or as agent for units of local government empowered to operate air
				navigation facilities. In addition, the Department may let contracts for
				highway construction on highway systems under the jurisdiction of local highway
				authorities as a condition of the receipt of federal-aid funds or as otherwise
				provided by law.
c) Procurements
				undertaken by the Department, as a construction agency and purchasing agency,
				and subject to the Code will be accomplished in accordance with this Part or
				the standard procurement rules adopted by the Chief Procurement Officer for
				General Services (CPO-GS) (see 44 Ill. Adm. Code 1) as indicated in the notice
				of the relevant procurement. All other procurements subject to the Code and
				committed to the authority of other Chief Procurement Officers will be
				conducted in accordance with the rules adopted by those Chief Procurement
				Officers. Procurements subject to the Architectural, Engineering, and Land
				Surveying Qualifications Based Selection Act [30 ILCS 535] will be conducted,
				in all aspects and procedures, including but not limited to prequalification,
				publication, evaluation, selection, contract formation and amendment, and
				performance evaluation, in accordance with the Department's rules promulgated
				at 44 Ill. Adm. Code 625.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 6 - CHIEF PROCUREMENT OFFICER FOR THE DEPARTMENT OF TRANSPORTATION - CONTRACT PROCUREMENT › Subpart A - GENERAL › Section 6.20 - Policy and Application

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Policy
All Department contract procurements will be accomplished in
				  the most economic and expeditious manner consistent with the principles and
				  practices established in the Code. It is the policy of the CPO for the
				  Department that all activities of the appointed SPOs and other designees
				  related to the procurement process maximize the value of the expenditure of
				  public funds in procuring contracts, and that those appointed and designated
				  act in a manner that maintains public trust in the integrity of the
				  process.
b) Application
This Part does not apply to intergovernmental agreements and
				  contracts; grants; purchase of care agreements; collective bargaining
				  agreements; purchase of real estate; contracts necessary to prepare for
				  anticipated litigation, enforcement actions, or investigations; and utility and
				  railroad cost reimbursement agreements. (See Section 1-10(b) of the
				  Code.)
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 6 - CHIEF PROCUREMENT OFFICER FOR THE DEPARTMENT OF TRANSPORTATION - CONTRACT PROCUREMENT › Subpart A - GENERAL › Section 6.30 - Purpose and Policy Interpretations

Current through Register Vol. 48, No. 28, July 12, 2024
This Part is promulgated to guide the CPO and appointed SPOs
				  in implementing the procurement practices applicable to contract procurement
				  established in the Code. All policy and operational interpretations will be
				  made in a manner so as to secure the commercial needs of the State, to protect,
				  safeguard and maintain the integrity of the procurement process, and to
				  maximize the value of the expenditure of public funds. This Part is intended
				  and designed to achieve practical, standard procedural uniformity for
				  procurement undertaken by the CPO and appointed SPOs for the
				  Department.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 6 - CHIEF PROCUREMENT OFFICER FOR THE DEPARTMENT OF TRANSPORTATION - CONTRACT PROCUREMENT › Subpart B - PUBLICATION OF PROCUREMENT INFORMATION › Section 6.50 - Transportation Procurement Bulletin

Current through Register Vol. 48, No. 28, July 12, 2024
a) The CPO, in consultation with the
				Department, possesses the rights to, and is the authority responsible for,
				publishing the Department's volume of the Illinois Procurement Bulletin. The
				Department's volume is entitled the "Transportation Procurement Bulletin"
				(Bulletin). (See Section 15-1 of the Code.)
b) The Bulletin is the published source for
				all Department procurement actions, notices and other information relevant to
				Department procurement activities undertaken pursuant to this Part, including
				but not limited to contracts offered in the Invitation for Bids, Requests for
				Proposals, other methods of source selection, contracts awarded, change orders,
				emergency purchases and sole source procurements.
c) The Bulletin may be published in subparts
				designed to enhance and focus the ability of users to find information relevant
				to the user's interest.
d) The
				Bulletin or any subpart thereof will be published or updated at least once each
				month but may be updated more frequently. (See Section 15-15 of the
				Code.)
e) Notice of all awarded
				contracts, including renegotiated contracts and change orders, will be posted
				on the Department's website the next business day. Notice will be posted and
				published in the Bulletin and will include the following:
1) the name of the successful responsible
				bidder or offeror;
2) the contract
				price;
3) the number of
				unsuccessful responsive bidders; and
4) any other disclosures, such as emergency
				purchase disclosures or any disclosure required under the Code.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 6 - CHIEF PROCUREMENT OFFICER FOR THE DEPARTMENT OF TRANSPORTATION - CONTRACT PROCUREMENT › Subpart B - PUBLICATION OF PROCUREMENT INFORMATION › Section 6.55 - Required Notices

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Notice of all awarded contracts entered into by the Department pursuant to
				Subpart D will be published in the Bulletin.
b) Notice of all solicitations are published
				in the Bulletin pursuant to Subpart D.
c) Notice of contracts let are published in
				the Bulletin pursuant to Subpart D.
d) Notice of contract renewals and change
				orders are published in the Bulletin pursuant to Subpart F.
e) The CPO or SPO will provide notice of
				emergency contracts and any hearings to extend any emergency contract in the
				Bulletin pursuant to Subpart C.
f)
				The CPO will provide a written description of the intent to enter into a sole
				source contract, along with a description of the item to be procured and the
				intended sole source contractor, in the Bulletin prior to entering into the
				sole source contract. The notice will be posted at least 14 days prior to the
				sole source hearing pursuant to Subpart C.
g) Notice of exempt contracts as required by
				Section 1-10 of the Code.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 6 - CHIEF PROCUREMENT OFFICER FOR THE DEPARTMENT OF TRANSPORTATION - CONTRACT PROCUREMENT › Subpart B - PUBLICATION OF PROCUREMENT INFORMATION › Section 6.60 - Subscription Fees

Current through Register Vol. 48, No. 28, July 12, 2024
The Department reserves the right to charge subscription fees
				  in accordance with Section 15-15 of the Code. The Bulletin will be made
				  available without charge to prequalified bidders, registered subcontractors,
				  and offerors, and to public libraries within Illinois expressing interest.
				  Access to detailed information contained in the Bulletin or any subpart may
				  require additional fees.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 6 - CHIEF PROCUREMENT OFFICER FOR THE DEPARTMENT OF TRANSPORTATION - CONTRACT PROCUREMENT › Subpart B - PUBLICATION OF PROCUREMENT INFORMATION › Section 6.70 - Direct Solicitation

Current through Register Vol. 48, No. 28, July 12, 2024
Publication of the Bulletin or any subpart will not prohibit
				  direct solicitation in addition to publication in order to enhance competition
				  or interest of prospective contractors in particular
				  procurements.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 6 - CHIEF PROCUREMENT OFFICER FOR THE DEPARTMENT OF TRANSPORTATION - CONTRACT PROCUREMENT › Subpart C - METHODS OF PROCUREMENT AND SOURCE SELECTION › Section 6.80 - Competitive Sealed Bids

Current through Register Vol. 48, No. 28, July 12, 2024
Except for those circumstances and methods described in
				  Sections
				  6.90,
				  6.100,
				  6.110,
				  6.120, and
				  6.122, all Department contracts will be procured by competitive sealed bidding
				  in accordance with Section 20-10 of the Code and this Part. (See Section 20-5
				  of the Code.)
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 6 - CHIEF PROCUREMENT OFFICER FOR THE DEPARTMENT OF TRANSPORTATION - CONTRACT PROCUREMENT › Subpart C - METHODS OF PROCUREMENT AND SOURCE SELECTION › Section 6.90 - Competitive Sealed Proposals

Current through Register Vol. 48, No. 28, July 12, 2024
a) Department contracts may be procured by
				competitive sealed proposals when the Department determines that competitive
				sealed bidding is either not practicable or not advantageous to the State. (See
				Section 20-15(a) of the Code.)
b)
				The determination to use competitive sealed proposals will be made in writing
				and provided to the CPO on either a contract-by-contract or a category of
				contracts basis.
1) "Practicable"
				Distinguished From "Advantageous." As used in this Subpart, the term
				"practicable" means that which may be accomplished or put into practical
				application, and "advantageous" means an assessment of what is in the State's
				best interest. Competitive sealed bidding may be practicable, that is,
				reasonably possible, but not necessarily advantageous, that is, in the State's
				best interest. Before a contract may be entered into by competitive sealed
				proposals, the Department will determine in writing that competitive sealed
				bidding is either not practicable or not advantageous to the State.
2) If competitive sealed bidding is not
				practicable or is not advantageous, competitive sealed proposals may be used.
				The competitive sealed proposal method differs from competitive sealed bidding
				in two principal ways. First, it permits discussions with competing offerors
				and changes in their proposals, including price. Second, it allows comparative
				evaluations to be made when selecting among acceptable proposals for award of
				the contract. Where evaluation factors involve the relative abilities of
				offerors to perform, including degrees of experience or expertise, where the
				types of supplies or services may require the use of comparative evaluations to
				evaluate them adequately, or where the type of need to be satisfied involves
				weighing values other than price alone, or where prior procurement experience
				indicates that competitive sealed proposals may result in more beneficial
				contracts for the State, use of competitive sealed proposals is the appropriate
				procurement method.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 6 - CHIEF PROCUREMENT OFFICER FOR THE DEPARTMENT OF TRANSPORTATION - CONTRACT PROCUREMENT › Subpart C - METHODS OF PROCUREMENT AND SOURCE SELECTION › Section 6.100 - Small Purchases

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The following procurements, when they do not exceed $100,000, may be made
				without notice, competition, or use of any other method of procurement
				prescribed in the Code or this Part:
1)
				Construction purchases;
2)
				Individual purchases for supplies or services from any one source;
3) Professional and artistic services for a
				nonrenewable term of not more than one year. (See Section 20-20(a) of the
				Code.)
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 6 - CHIEF PROCUREMENT OFFICER FOR THE DEPARTMENT OF TRANSPORTATION - CONTRACT PROCUREMENT › Subpart C - METHODS OF PROCUREMENT AND SOURCE SELECTION › Section 6.110 - Sole Source and Sole Economically Feasible Source Procurement

Current through Register Vol. 48, No. 28, July 12, 2024
a) Application
A contract may be procured from a single source without
				  competition or use of any other method of procurement prescribed in the Code or
				  this Part when the single source is the only economically feasible source
				  capable of providing the services, including professional and artistic
				  services, contemplated or the material or product to be supplied. (See Section
				  20-25 of the Code.)
b)
				Conditions for Use of Sole Source and Sole Economically Feasible Source
				Procurement Method
Sole source procurement is permissible when a requirement is
				  available from only a single supplier. Sole economically feasible source is
				  permissible when only one supplier is deemed economically feasible. A
				  requirement for a particular proprietary item does not justify a sole source
				  procurement if more than one vendor is authorized to provide that item. The
				  following are examples of circumstances that may necessitate sole source and
				  sole economically feasible source procurement, but are not exhaustive:
1) when the compatibility of equipment,
				accessories, replacement parts, or service is a primary
				consideration;
2) when trial use,
				testing or the development of new technology is the object of the
				procurement;
3) when a sole
				supplier's item is to be procured for commercial resale;
4) when utility services are to be
				procured;
5) when the surety
				providing a performance bond tenders a completion contractor, acceptable to the
				Department, to complete a defaulted contract;
6) when the item is copyrighted or patented
				and the item is not available except from the holder of the copyright or patent
				or service area licensee.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 6 - CHIEF PROCUREMENT OFFICER FOR THE DEPARTMENT OF TRANSPORTATION - CONTRACT PROCUREMENT › Subpart C - METHODS OF PROCUREMENT AND SOURCE SELECTION › Section 6.120 - Emergency Purchases

Current through Register Vol. 48, No. 28, July 12, 2024
a) A
				contract may be procured without the use of any other method of procurement
				prescribed in the Code or this Part when there exists a threat to public health
				or safety, or when an immediate contract is needed to repair State property in
				order to prevent or minimize further loss or damage to State property, or to
				prevent or minimize serious disruption in critical State services that affect
				health, safety or collection of substantial State revenues, including but not
				limited to completion of a defaulted contract, or to ensure the integrity of
				State records. (See Section 20-30(a) of the Code.)
b) The term of an initial emergency contract
				will not exceed 90 days as the time reasonably needed for a competitive
				procurement. For the initial emergency contract:
1) The emergency contract will provide a
				written description of the basis for the emergency and reasons for the
				selection of the particular contractor to be included in the contract file.
				(See Section 20-30(a) and (c) of the Code.)
2) Notice of the emergency contract will be
				provided to the PPB and published in the Bulletin no later than 5 calendar days
				after the contract is awarded. For purposes of this Section, "contract is
				awarded" means that the contractor has received notification to proceed, which
				may be oral, and has started the work.
3) Within 10 days after the procurement, the
				emergency statement will also be posted to the Bulletin and filed with both the
				PPB and the Auditor General. (See Section 20-30(c) of the Code.) For purposes
				of this Section, "procurement" means that the contractor has received
				notification to proceed, which may be oral, and has started the work.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 6 - CHIEF PROCUREMENT OFFICER FOR THE DEPARTMENT OF TRANSPORTATION - CONTRACT PROCUREMENT › Subpart C - METHODS OF PROCUREMENT AND SOURCE SELECTION › Section 6.122 - Requests for Information

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				When the Department does not have sufficient information, including, but not
				limited to, available supplies, products, or services, to issue a solicitation,
				the Department, in consultation with the SPO, may issue a request for
				information (RFI). Public notice of the RFI shall be published in the Bulletin
				at least 14 days before the date set for the receipt of information. The
				submission of information by a vendor in response to an RFI is not a
				prerequisite for that vendor to respond to a subsequent solicitation for which
				information was solicited, and the issuance of an RFI does not commit the
				Department to make any procurement of any kind.
b) RFI responses are subject to the Illinois
				Freedom of Information Act (FOIA) [5 ILCS 140]. Responses that contain
				confidential information or trade secrets may be exempted from disclosure under
				FOIA. (See Section 7(1)(g) of FOIA.) The Department may assert this exemption
				provided the respondent furnishes the Department with both a redacted and
				unredacted copy of his/her response.
c) An RFI is to be used for information
				gathering only and is not a vehicle for procuring supplies or
				services.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 6 - CHIEF PROCUREMENT OFFICER FOR THE DEPARTMENT OF TRANSPORTATION - CONTRACT PROCUREMENT › Subpart C - METHODS OF PROCUREMENT AND SOURCE SELECTION › Section 6.124 - Joint Purchasing

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The CPO may authorize the Department to jointly purchase supplies and services
				with:
1) a governmental unit of this
				State;
2) a governmental entity of
				another state;
3) a consortium of
				governmental entities of one or more states; or
4) any not-for-profit agency that qualifies
				under Section 45-35 of the Code and that either:
A) acts pursuant to a board established by or
				controlled by a unit of local government; or
B) receives grant funds from the State or
				from a unit of local government.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 6 - CHIEF PROCUREMENT OFFICER FOR THE DEPARTMENT OF TRANSPORTATION - CONTRACT PROCUREMENT › Subpart C - METHODS OF PROCUREMENT AND SOURCE SELECTION › Section 6.125 - Small Business Set-Asides (Renumbered)

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 6 - CHIEF PROCUREMENT OFFICER FOR THE DEPARTMENT OF TRANSPORTATION - CONTRACT PROCUREMENT › Subpart C - METHODS OF PROCUREMENT AND SOURCE SELECTION › Section 6.126 - Piggyback Contracts

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The CPO may authorize the purchase or lease of supplies and services that have
				been procured through a competitive process by:
1) a federal agency;
2) a consortium of governmental, educational,
				medical, research, or similar entities; or
3) a group purchasing organization of which
				the CPO or Department is a member or affiliate.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 6 - CHIEF PROCUREMENT OFFICER FOR THE DEPARTMENT OF TRANSPORTATION - CONTRACT PROCUREMENT › Subpart D - COMPETITIVE SEALED BID PROCEDURES › Section 6.130 - General Conditions for Use

Current through Register Vol. 48, No. 28, July 12, 2024
The procedures set forth in this Subpart D will be used for
				  all contracts procured by the CPO through the use of competitive sealed
				  bids.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 6 - CHIEF PROCUREMENT OFFICER FOR THE DEPARTMENT OF TRANSPORTATION - CONTRACT PROCUREMENT › Subpart D - COMPETITIVE SEALED BID PROCEDURES › Section 6.140 - Invitations for Bids

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The process for procuring a contract by competitive sealed bids begins with the
				issuance of an Invitation for Bids by publication in the Bulletin not less than
				14 days prior to the date set for the opening of bids. (See Section 20-10(c) of
				the Code.)
b) The Invitation for
				Bids may include more than one contract item and will include the following
				minimum requirements.
1) Instructions and
				information to potential 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, the maximum time for bid acceptance,
				certifications and assurances, mandatory disclosures, and any other special
				information. The Invitation for Bids may incorporate documents by reference
				provided that the Invitation for Bids specifies where such documents can be
				obtained.
2) A purchase description
				for each contract item, evaluation factors, delivery or performance schedule,
				and such inspection and acceptance requirements as are not included in the
				purchase description.
3) The
				contract terms and conditions, including warranty and bonding or other security
				requirements, as applicable.
4) The
				Invitation for Bids may provide a form that will specify or organize the manner
				of price submission and that the bidder shall sign and submit along with all
				other necessary submissions, including disclosure forms.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 6 - CHIEF PROCUREMENT OFFICER FOR THE DEPARTMENT OF TRANSPORTATION - CONTRACT PROCUREMENT › Subpart D - COMPETITIVE SEALED BID PROCEDURES › Section 6.150 - Amendments to Invitations for Bids

Current through Register Vol. 48, No. 28, July 12, 2024
Invitations for Bids may be supplemented, by publication in
				  the Bulletin, with additional contract items, amended instructions,
				  information, or extensions of any times stated in the invitation. Contract
				  items may be subject to amendment. Amendment to contract items may require that
				  the bidder acknowledge receipt of all amendments issued. Each amendment will
				  reference the contract item it amends. Amendments will be published in the
				  Bulletin. It is the bidder's responsibility to determine which, if any, addenda
				  or revisions pertain to any project the bidder may be bidding
				  on.