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 A - GENERAL › Section 4.10 - General Exemptions

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Except as specifically provided in
the
Code, and this Part
do not apply to
:
1)
contracts between the State and its political subdivisions or other
				governments, or between State governmental bodies,
(For purposes of
				this subsection (a), "governmental bodies" includes the State universities and
				their governing boards, community colleges and their governing boards and
				school districts. This provision applies to contracts between governmental
				entities; it does not apply to State universities use of contracts established
				by other governmental entities);
2)
grants, except for the filing requirements of Section 20-80 of the
				Code)
;
3)
purchase
				of care;
4)
hiring
				of an individual as employee and not as an independent contractor, whether
				pursuant to an employment code or policy or by contract directly with that
				individual;
5)
collective bargaining contracts;
6)
purchase of real estate, except
				that notice of this type of contract with a value of more than $25,000 must be
				published in the Procurement Bulletin within 10 calendar days after the deed is
				recorded in the county of jurisdiction
(This applies to purchases
				whether outright or by means of an installment purchase. The exercise of an
				option to purchase in a real estate lease is exempt, but the underlying lease
				is not exempt from this Part).
The notice shall identify the real
				estate purchased, the names of all parties to the contract, the value of the
				contract, and the effective date of the contract
;
7)
contracts necessary to prepare for
				anticipated litigation, enforcement actions, or investigations, provided that
				the chief legal counsel to the Governor shall give his or her prior approval
				when the procuring agency is one subject to the jurisdiction of the Governor,
				and provided that the chief legal counsel of any other procuring entity subject
				to
the
Code shall give his or her prior approval when the
				procuring entity is not one subject to the jurisdiction of the
				Governor.
Anticipated litigation is that which a university may
				prosecute or defend before a court or administrative body and actions necessary
				to prepare for and conduct the effective legal prosecution or defense of
				litigation, including, but not limited to, the retention of counsel,
				investigators, expert witnesses and court reporters. This Section is applicable
				to equipment or services necessary in the furtherance of covert activities
				lawfully conducted by a university;
8)
Procurement expenditures by the
				Illinois Conservation Foundation when only private funds are
				used
;
9)
Public-Private agreements entered into according to the procurement
				requirements of Section 20 of the Public-Private Partnerships for
				Transportation Act and design-build agreements entered into according to the
				procurement requirements of Section 25 of the Public-Private Partnerships for
				Transportation Act;
10)
Contracts for legal, financial, and other professional and artistic
				services entered into on or before December 31, 2018 by the Illinois Finance
				Authority in which the State of Illinois is not obligated. Such contracts shall
				be awarded through a competitive process authorized by the Board of the
				Illinois Finance Authority and are subject to Sections 5-30, 20-160, 50-13,
				50-20, 50-35, and 50-37 of
the
Code, as well as the final
				approval by the Board of the Illinois Finance Authority of the terms of the
				contract;
11)
Contracts for services, commodities, and equipment to support the
				delivery of timely forensic science services in consultation with and subject
				to the approval of the CPO as provided in Section 5-4-3a(d) of the Unified Code
				of Corrections
[ 730 ILCS 5 ],
except the requirements of
				Sections 20-60, 20-65, 20-70, and 20-160 and Article 50 of the Code; however,
				the CPO may, in writing with justification, waive any certification required
				under Article 50 of this Code. For any contracts for services that are
				currently provided by members of a collective bargaining
unit,
the applicable terms of the collective bargaining agreement shall
				be followed
.
12)
Contracts for participation expenditures required by a domestic or
				international trade show or exhibition of an exhibitor, member, or
				sponsor;
13)
Contracts with a railroad or utility that require the State to
				reimburse the railroad or utilities for the relocation of utilities for
				construction or other public purpose
. [
				30
				ILCS 500/1-10(b) ]