reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 40 - SERVICE-DISABLED AND VETERAN-OWNED SMALL BUSINESSES › Subpart D - PROGRAM ELIGIBILITY › Section 40.300 - Program Eligibility

Current through Register Vol. 48, No. 28, July 12, 2024
To qualify as a SDVOSB or VOSB:
a) The business must be owned and controlled
				by veterans and/or service-disabled veterans;
b) It must be a small business that does not
				exceed the sales limitation established in the definition in Section
				20.20;
c) It must be an authorized
				business registered within the State of Illinois;
d) Qualified veterans who are Illinois
				residents must hold 51% of ownership of the business; and
e) The business home office must be in the
				State of Illinois.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 40 - SERVICE-DISABLED AND VETERAN-OWNED SMALL BUSINESSES › Subpart E - CERTIFICATION › Section 40.400 - General

Current through Register Vol. 48, No. 28, July 12, 2024
a) The certification process
				verifies that the business is owned and controlled by eligible individuals in
				accordance with requirements of the Code and this Part. CMS will oversee the
				certification process outlined in this Section.
1) CMS will certify an entity, business or
				firm that meets the requirements listed in this Part. All certifications, new
				and existing, shall be valid for a period of 5 years from the effective date of
				the certification, subject to annual confirmation.
2) Only certified SDVOSBs and VOSBs are
				eligible for the benefits of the Program. Agencies may count only those
				expenditures with a certified business or certified business subcontractor
				toward meeting the goal.
3) A
				business owned and controlled by at least 51% service-disabled veterans and
				veterans shall be counted as a business owned and controlled by the eligible
				group that has the largest percentage of ownership.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 40 - SERVICE-DISABLED AND VETERAN-OWNED SMALL BUSINESSES › Subpart E - CERTIFICATION › Section 40.410 - Program Information

Current through Register Vol. 48, No. 28, July 12, 2024
a) CMS
				shall compile a list of businesses certified under the Code and may compile and
				maintain other information regarding the Program, including general vendor
				lists.
b) The list will contain the
				name, address, telephone and facsimile numbers, e-mail address, type of
				certification (SDVOSB or VOSB) and business classification (e.g., accounting or
				furniture sales) of certified businesses.
c) The list shall be available to the Chief
				Procurement Officers and State Purchasing Officers defined in the Code and to
				other interested State agencies for use in State purchasing.
d) The list of certified businesses shall be
				available to the public. This list and other information shall be provided
				electronically via the CMS website (
http://www2.illinois.gov/cms/business/
).
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 40 - SERVICE-DISABLED AND VETERAN-OWNED SMALL BUSINESSES › Subpart F - CERTIFICATION REQUIREMENTS AND PROCEDURES › Section 40.500 - Application

Current through Register Vol. 48, No. 28, July 12, 2024
The business seeking certification must complete an
				  application package. CMS personnel may conduct a personal interview with the
				  applicant that may include a telephone interview and/or an on-site visit.
				  Additional on-site visits may be conducted at any time during the life of a
				  certification to verify continued eligibility for the
				  Program.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 40 - SERVICE-DISABLED AND VETERAN-OWNED SMALL BUSINESSES › Subpart F - CERTIFICATION REQUIREMENTS AND PROCEDURES › Section 40.510 - Application Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
The applicant for initial certification, or recertification,
				  must meet all of the requirements set forth in the Code and this Part. Should
				  the applicant fail to meet any of the certification requirements, or refuse to
				  supply information requested by CMS, the applicant will be denied certification
				  or recertification. These requirements include, but are not limited to, the
				  veteran's certification application; DD-214 (Report of Separation) which will
				  confirm veteran's characterization of service and discharge status; and the
				  U.S. Department of Veterans Affairs Rating Decision Letter which will confirm
				  the veteran's service and non-service connected disability compensation
				  rating.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 40 - SERVICE-DISABLED AND VETERAN-OWNED SMALL BUSINESSES › Subpart F - CERTIFICATION REQUIREMENTS AND PROCEDURES › Section 40.520 - Eligibility Determination

Current through Register Vol. 48, No. 28, July 12, 2024
CMS shall contact all applicants seeking certification, via
				  U.S. Mail or electronic correspondence, within 60 days after receipt of the
				  application and all supporting documents. CMS shall grant certification, deny
				  certification, or request additional or clarifying information necessary to
				  make the certification decision.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 40 - SERVICE-DISABLED AND VETERAN-OWNED SMALL BUSINESSES › Subpart F - CERTIFICATION REQUIREMENTS AND PROCEDURES › Section 40.530 - Certification by Other Certifying Entities

Current through Register Vol. 48, No. 28, July 12, 2024
a) CMS may accept a certification by another
				entity, such as a local government or a federal program for veteran small
				business owners. That entity must have certification requirements and
				procedures equaling or exceeding those required by the Code and under Subpart D
				of this Part (Program Eligibility).
b) CMS shall investigate requirements and
				procedures of other certifying entities and shall maintain a list of those
				certifying entities whose certifications can be accepted.
1) CMS may periodically meet with the other
				certifying entities to ensure compliance.
2) If the other entities' requirements or
				procedures no longer equal or exceed the requirements and procedures of CMS,
				CMS will no longer accept those certifications.
3) Applicants must immediately report the
				denial/loss of certification or recertification by another certifying entity to
				CMS, along with detailed reasons for the action.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 40 - SERVICE-DISABLED AND VETERAN-OWNED SMALL BUSINESSES › Subpart F - CERTIFICATION REQUIREMENTS AND PROCEDURES › Section 40.540 - Sales Limitation; Exception

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Annual gross sales must be less than $75 million. In determining the annual
				gross sales, sales of any affiliated business shall also be counted.
b) An affiliated business is one related to
				the other by virtue of significant commonality of management or commonality of
				ownership (at least 5% of one company owned by owner or management personnel of
				the other). Other factors that may be considered in determining affiliation
				include, but are not limited to, sharing of office space, workers or
				equipment.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 40 - SERVICE-DISABLED AND VETERAN-OWNED SMALL BUSINESSES › Subpart F - CERTIFICATION REQUIREMENTS AND PROCEDURES › Section 40.550 - State Residency

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				veterans claiming 51% ownership and control of the applicant business must be
				living in the State of Illinois or, in the case of a corporation, at least 51%
				of the stock of which is owned by one or more qualified veterans living in the
				State of Illinois. Proof of residency may include Illinois driver's license or
				ID card, Illinois tax documents, or W-2s.
b) Qualifying SDVOSBs or VOSBs must provide
				proof that they have a home office in the State of Illinois.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 40 - SERVICE-DISABLED AND VETERAN-OWNED SMALL BUSINESSES › Subpart F - CERTIFICATION REQUIREMENTS AND PROCEDURES › Section 40.560 - Ownership/Control by Members of Eligible Groups

Current through Register Vol. 48, No. 28, July 12, 2024
a) Individuals claiming ownership and control
				of the applicant business must be members of the eligible groups identified in
				Section 20.300.
b) The applicant
				must provide proof of eligible veteran group status. Proof must be in the form
				of official documentation, i.e., the DD-214 (Report of Separation) and the U.S.
				Department of Veterans Affairs Rating Decision Letter.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 40 - SERVICE-DISABLED AND VETERAN-OWNED SMALL BUSINESSES › Subpart F - CERTIFICATION REQUIREMENTS AND PROCEDURES › Section 40.570 - Ownership

Current through Register Vol. 48, No. 28, July 12, 2024
a) The individuals
				claiming ownership and control of the applicant business must own at least 51%
				of the business.
b) The ownership
				shall be real, substantial and continuing and not simply a matter of form.
				"Real" is a bona fide investment in the business done at arm's length and in
				good faith. "Substantial" is the level of investment necessary to initiate or
				acquire the particular business in light of its value, the business field, the
				organization of the concern, and the potential sources of outside financing.
				The following factors, among others, are weighed together to help determine
				whether ownership is real, substantial, continuing and not a matter of form.
1) How ownership was obtained, including, but
				not limited to, purchase, gift or inheritance.
2) How substantial was the contribution
				toward ownership in terms of expertise, money or other such factors? The
				following are some examples of factors that may indicate insufficient
				contribution:
A) Minimal cash outlay or
				personal investment;
B) A promise
				or agreement to contribute capital;
C) A note payable to the firm or other owners
				who are not eligible group members;
D) Contributions for services rather than
				capital, except when services are unique, specialized or of a value
				commensurate with the ownership value of the services;
E) Payment of contribution with funds loaned
				by a non-eligible group, former employer or stockholder;
F) No recourse loans when the borrower
				assumes no liability for repayment upon default; and
G) No recourse stock purchases in which the
				purchaser assumes no liability upon default of payment other than transaction
				of shares.
3) How the
				applicant holds ownership. In terms of stock holdings, the following are
				factors that may indicate ownership is not as stated:
A) Minimal cash outlay or personal
				investment;
B) A promise or
				agreement to buy stock;
C) Stock
				issued, but not purchased;
D) Stock
				certificates purchased but not in the possession of the applicant; or
E) Stock held in trust.
4) The applicant must provide documentary
				proof of ownership, including, but not limited to, the following:
A) Canceled checks or bookkeeping
				entries;
B) Signed purchase
				agreements;
C) Stock certificates,
				transfer ledgers and stockholder agreements;
D) Partnership agreements;
E) Profit sharing agreements; and
F) Buy-out-right agreements.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 40 - SERVICE-DISABLED AND VETERAN-OWNED SMALL BUSINESSES › Subpart F - CERTIFICATION REQUIREMENTS AND PROCEDURES › Section 40.580 - Control

Current through Register Vol. 48, No. 28, July 12, 2024
a) Ownership by
				eligible group members does not equate to control.
b) The individuals claiming ownership and
				control of the applicant business must actually control the applicant business.
				Those individuals must be in direct control of the day to day operations and
				must have, and exercise, the power to make major decisions on management,
				policy, fiscal and operational matters. At a minimum, the following factors
				will be considered in determining control:
1)
				Do the articles of incorporation show the eligible group owners were involved
				at the time of incorporation and in what way? If the eligible group owners were
				not involved at the time of incorporation, when did they become
				involved?
2) Corporate by-laws will
				be reviewed to determine:
A) The duties of the
				directors and officers who occupy these positions;
B) The voting rights of the shareholders;
				and
C) Any restrictive language
				that may affect the eligible group owner's stock voting rights.
3) Are there any stock
				options/shareholders agreements that, if exercised, will dilute or eliminate
				eligible group owner control?
4) Do
				the eligible group owners make decisions independently?
5) Does a review of resumes show the eligible
				group owners have sufficient background, including education and training, to
				run the particular business and for the responsibilities assigned?
6) Do the eligible group owners continue to
				work for a firm not eligible to be certified SDVOSBs or VOSBs and, if so, what
				is the relationship of the firm to the applicant business?
7) Who in the firm negotiates contracts and
				loans, prepares estimates and makes other management and supervisory
				decisions?
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 40 - SERVICE-DISABLED AND VETERAN-OWNED SMALL BUSINESSES › Subpart F - CERTIFICATION REQUIREMENTS AND PROCEDURES › Section 40.590 - Notice of Certification or Denial

Current through Register Vol. 48, No. 28, July 12, 2024
a) Notification of Certification
When CMS has determined that the applicant meets the
				  requirements of this Part, CMS will notify the applicant in writing that it has
				  been certified.
b)
				Notification of Denial of Certification
When CMS determines that the applicant does not meet the
				  requirements of this Part, CMS will send a letter to the applicant setting
				  forth the rationale for the determination and advising the applicant of the
				  appeal review process.
c)
				Effect of Denial
After all reconsiderations and reviews provided in this Part
				  have been exhausted, if the decision remains to deny certification, the vendor
				  will not be included in the list of certified vendors.
d) Reapplication
If a certification application is denied, the business may
				  reapply one year after the date of denial. Applications submitted prior to that
				  date will not be considered.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 40 - SERVICE-DISABLED AND VETERAN-OWNED SMALL BUSINESSES › Subpart G - RECONSIDERATION, DECERTIFICATION AND RECERTIFICATION › Section 40.610 - Decertification Process

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				State, or a third-party, may challenge the certification status of a SDVOSB or
				VOSB at any time.
b) Upon receipt
				of information that questions the validity of a certification, CMS shall
				conduct an investigation. This may include on-site or telephone interviews,
				review of existing records, or collection and examination of new records to
				supplement, explain or clarify records previously submitted.
c) If the investigation results in a finding
				that the firm is no longer eligible for SDVOSB or VOSB status, CMS shall notify
				the firm that it is decertified. The applicant may appeal using the review and
				reconsideration procedure of this Subpart G. After decertification, the
				applicant may not reapply for certification until one year has passed since the
				date of decertification. A certification of the applicant by another entity
				shall not be accepted during the one year period following
				decertification.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 40 - SERVICE-DISABLED AND VETERAN-OWNED SMALL BUSINESSES › Subpart G - RECONSIDERATION, DECERTIFICATION AND RECERTIFICATION › Section 40.620 - Annual Confirmation of Eligibility

Current through Register Vol. 48, No. 28, July 12, 2024
a) To maintain its certification, a certified
				business must file a No Change Affidavit with CMS on an annual basis,
				confirming there have been no changes in ownership or control from the last
				certification that would affect the eligibility of the certification and shall
				provide any additional information requested by CMS. The No Change Affidavit
				shall be in the form specified by CMS and shall include, but not be limited to,
				owner demographics, annual gross sales, current licensing, ownership interest,
				certification documentation with other entities, and a signed and notarized
				affidavit.
b) At least 60 days
				prior to the anniversary of a certification, CMS shall send a notice to the
				certified business advising that it must complete and return the No Change
				Affidavit, postmarked by the date specified in the notice.
c) If the certified business fails to submit
				the No Change Affidavit, CMS shall issue a provisional revocation of the
				certification and so notify the business. If the No Change Affidavit is not
				received within 30 days after the mailing of the provisional revocation to the
				certified business, the revocation shall become final and the business shall be
				decertified.
d) If the certified
				business submits a No Change Affidavit that indicates that ownership or control
				has changed so that the certified business is, or may be, no longer eligible
				for certification, CMS may request further information or may issue a final
				decertification.
e) Upon receipt of
				the notice of final decertification, the decertified business must submit a new
				and complete application for certification.
f) In addition to the annual confirmation,
				CMS may require confirmation of eligibility at any time during the term of
				certification.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 40 - SERVICE-DISABLED AND VETERAN-OWNED SMALL BUSINESSES › Subpart H - SPECIAL ASSISTANCE FOR CERTIFIED BUSINESSES › Section 40.700 - Special Assistance

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Purchasing agencies may waive or reduce bond requirements for certified vendors
				when allowed by law and when the reduced bond amount would adequately protect
				the State's interests.
b)
				Purchasing agencies may enter into contracts with certified vendors that
				contain a provision allowing advance or progress payments or both, except that
				a construction contract may not contain an advance payment provision. The
				advance or progress payment provision may be added to a contract at any time by
				agreement of the parties. Agencies must consider the application of Section
				9.05 of the State Finance Act  [30 ILCS 105/9.05  ] before including the
				provisions in contracts.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 40 - SERVICE-DISABLED AND VETERAN-OWNED SMALL BUSINESSES › Subpart I - SOLICITATION/CONTRACT REQUIREMENTS › Section 40.800 - Change in Eligibility

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any
				contract awarded to a SDVOSB or VOSB may not be assigned to another vendor
				without approval of the CPO, in consultation with CMS.
b) Should a vendor who received a contract
				with the advance or progress payment provisions cease to qualify as a SDVOSB or
				VOSB during contract performance, the purchasing agency may cancel the contract
				immediately without penalty to a State agency. Any change in the eligibility
				status of a vendor awarded a contract with advance or progress payment
				provisions shall be reported to the Program and the purchasing
				agency.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 40 - SERVICE-DISABLED AND VETERAN-OWNED SMALL BUSINESSES › Subpart J - VIOLATIONS BY VENDOR › Section 40.900 - Violations by Vendor

Current through Register Vol. 48, No. 28, July 12, 2024
Should a vendor violate the Code, this Part, or the terms of
				  contracts let pursuant to this Program, the State may pursue any or all of the
				  following actions:
a) A certified
				vendor may be decertified and an applicant for certification may be denied
				certification for reasons including, but not limited to:
1) Refusal to supply information sufficient
				for the Program or the Committee to make a determination for eligibility or
				continued eligibility;
2) Refusal to
				supply additional proof of eligibility for the Program, particularly after
				receiving a contract with the advance or progress payment (Special Assistance)
				provisions;
3) Accepting a contract
				with the advance or progress payment (Special Assistance) provisions when the
				vendor does not qualify for the Program; or
4) Any other violation of the Code or this
				Part.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 500 - PURCHASES AND CONTRACTS › Subpart A - GENERAL › Section 500.10 - Title

Current through Register Vol. 48, No. 28, July 12, 2024
This Part may be cited as the Office of the Auditor General
				  (OAG) Procurement Rules.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 500 - PURCHASES AND CONTRACTS › Subpart A - GENERAL › Section 500.20 - Policy

Current through Register Vol. 48, No. 28, July 12, 2024
All OAG procurements 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 500 - PURCHASES AND CONTRACTS › Subpart A - GENERAL › Section 500.30 - Application

Current through Register Vol. 48, No. 28, July 12, 2024
a) This Part applies to
				all procurements by the OAG with a solicitation date on or after the effective
				date of this Part with the exception of the following:
1) contracts between the State and its
				political subdivisions or other governments, or between State governmental
				bodies except as specifically provided in this Part;
2) grants;
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; or
7) contracts necessary to prepare for
				anticipated litigation, enforcement actions, or investigations, provided that
				the OAG chief legal counsel shall give his or her prior approval. Anticipated
				litigation is that which the OAG 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.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 500 - PURCHASES AND CONTRACTS › Subpart A - GENERAL › Section 500.50 - Property Rights

Current through Register Vol. 48, No. 28, July 12, 2024
No person shall have any right to a specific contract with
				  the State unless that person has a contract that has been signed by an officer
				  or employee of the purchasing agency with appropriate signature authority. The
				  State shall be under no obligation to issue an award or execute a contract.
				  [30 ILCS 500/1-25
				  ] No person who participates in a procurement action has any right to an award
				  or a subsequent contract. Receipt of a solicitation or procurement document, or
				  submission of any response to a solicitation or other procurement request,
				  solicited or otherwise, 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 500 - PURCHASES AND CONTRACTS › Subpart A - GENERAL › Section 500.60 - Department of Central Management Services

Current through Register Vol. 48, No. 28, July 12, 2024
a) To the extent practicable and available,
				the OAG may obtain the following supplies and services from or through CMS or
				another State agency with appropriate procurement authority without soliciting
				independent bids, proposals or responses:
1)
				employee benefits authorized under the State Employees Group Insurance Act or
				other law;
2) financing of any
				procurement;
3) paper, stationery
				and envelopes, and any other supplies or services available from the Paper and
				Printing Warehouse;
4) postage
				stamps;
5) property, casualty,
				liability and other insurance and bonds;
6) telecommunications equipment, services and
				software;
7) utilities;
8) vehicles and vehicle services, including
				fleet management and repairs;
9)
				electronic data processing services, including Central Computing Facility
				services;
10) leases of real estate
				and any capital improvements to leased real estate for OAG use; and
11) any other supplies and services,
				including those available through master, scheduled or open-ended contracts
				established by CMS or another State agency with appropriate procurement
				authority.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 500 - PURCHASES AND CONTRACTS › Subpart A - GENERAL › Section 500.70 - Capital Development Board

Current through Register Vol. 48, No. 28, July 12, 2024
Any construction or construction-related professional and
				  artistic services in excess of the small purchase threshold for construction,
				  found on the Illinois Procurement Policy Board website (ppb.illinois.gov) and
				  updated annually, necessary for the OAG will be procured by the CPO of the
				  Capital Development Board or by any other appropriate State agency CPO. Any
				  request for such services will be submitted to the appropriate CPO in
				  accordance with applicable rules. In the event of an emergency, the CPO may
				  arrange for such construction as is necessary to protect the property and
				  records of the OAG pending the making of arrangements with the appropriate
				  State agency CPO.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 500 - PURCHASES AND CONTRACTS › Subpart B - PROCUREMENT AUTHORITY › Section 500.100 - Conduct of Procurements

Current through Register Vol. 48, No. 28, July 12, 2024
The Auditor General or his or her designee shall serve as
				  Chief Procurement Officer (CPO) for purposes of this Part, and may conduct any
				  or all procurements for the OAG. The CPO may appoint one or more Procurement
				  Officers to conduct procurements on behalf of the CPO in accordance with
				  conditions specified in the terms of the appointment and this
				  Part.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 500 - PURCHASES AND CONTRACTS › Subpart B - PROCUREMENT AUTHORITY › Section 500.110 - Small Business Specialist

Current through Register Vol. 48, No. 28, July 12, 2024
The CPO, subject to the Auditor General's approval, may
				  designate an OAG employee with experience negotiating contracts to serve as the
				  Small Business Specialist.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 500 - PURCHASES AND CONTRACTS › Subpart C - PUBLICIZING PROCUREMENT ACTIONS › Section 500.200 - Auditor General Volume of Illinois Procurement Bulletin

Current through Register Vol. 48, No. 28, July 12, 2024
The Auditor General Volume of the Illinois Procurement
				  Bulletin (Auditor General Bulletin) will contain procurement information
				  relating to procurements under the responsibility of the OAG.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 500 - PURCHASES AND CONTRACTS › Subpart C - PUBLICIZING PROCUREMENT ACTIONS › Section 500.210 - Publication of Auditor General Bulletin

Current through Register Vol. 48, No. 28, July 12, 2024
The Auditor General Bulletin will be published electronically
				  and will be updated as needed. The Auditor General Bulletin can be found on the
				  Auditor General's website at
http://www.auditor.illinois.gov
.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 500 - PURCHASES AND CONTRACTS › Subpart C - PUBLICIZING PROCUREMENT ACTIONS › Section 500.220 - Required Use of Auditor General Bulletin

Current through Register Vol. 48, No. 28, July 12, 2024
Notice of any procurement action required by this Part to be
				  publicized will be published in the Auditor General Bulletin.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 500 - PURCHASES AND CONTRACTS › Subpart C - PUBLICIZING PROCUREMENT ACTIONS › Section 500.230 - Supplemental Notice

Current through Register Vol. 48, No. 28, July 12, 2024
The OAG may place advertisements in the Official State
				  Newspaper selected by CMS or other publications to supplement notice in the
				  Auditor General Bulletin. In the event the Auditor General Bulletin cannot be
				  published, the Official State Newspaper may be used as a substitute for the
				  Auditor General Bulletin.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 500 - PURCHASES AND CONTRACTS › Subpart C - PUBLICIZING PROCUREMENT ACTIONS › Section 500.240 - 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 Auditor General
				  Bulletin.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 500 - PURCHASES AND CONTRACTS › Subpart C - PUBLICIZING PROCUREMENT ACTIONS › Section 500.250 - Direct Solicitation

Current through Register Vol. 48, No. 28, July 12, 2024
In addition to giving notice in the Auditor General Bulletin,
				  if required, the OAG may directly contact prospective vendors. 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. No direct
				  solicitation shall be made prior to the date any required notice first appears
				  in the Auditor General Bulletin.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 500 - PURCHASES AND CONTRACTS › Subpart C - PUBLICIZING PROCUREMENT ACTIONS › Section 500.260 - Retention of Bulletin Information

Current through Register Vol. 48, No. 28, July 12, 2024
Information published in the Auditor General Bulletin shall
				  be retained in electronic or paper form for a period of one year after first
				  publication.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 500 - PURCHASES AND CONTRACTS › Subpart D - SOURCE SELECTION AND CONTRACT FORMATION › Section 500.300 - General Provisions

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Late Offers, Late Withdrawals and Late Modifications
1) Any bid, proposal, modification or
				withdrawal received after the time and date for receipt, or at other than the
				specified location, is late. A submission 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 OAG shall not be responsible
				for ensuring subsequent delivery of misdelivered items. Delivery at the
				specified location and time shall be the sole responsibility of the
				offeror.
2) No late offer, 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 OAG personnel directly serving the procurement activity (e.g., providing the
				wrong address). It is the responsibility of the offeror to ensure delivery at
				the time and to the place specified. Vendors submitting a late response will be
				notified and given the opportunity to retrieve the submission at their cost.
				Late submissions not returned to the vendor will be destroyed after all related
				procurement activity is complete and the resulting contract has been
				executed.
3) Records shall be made
				and, in accordance with OAG policy, kept for each late offer, late
				modification, or late withdrawal.
4) Any other submission that has a time or
				date deadline shall be treated in the same manner as a late offer.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 500 - PURCHASES AND CONTRACTS › Subpart D - SOURCE SELECTION AND CONTRACT FORMATION › Section 500.310 - 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 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 (IFB)
				is used to initiate a competitive sealed bid procurement.
2) Content. The IFB 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 IFB may incorporate documents by reference
				provided that the IFB specifies where such documents can be obtained.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 500 - PURCHASES AND CONTRACTS › Subpart D - SOURCE SELECTION AND CONTRACT FORMATION › Section 500.315 - Multi-Step Sealed Bidding

Current through Register Vol. 48, No. 28, July 12, 2024
When it is considered impracticable to initially prepare a
				  definitive purchase description to support an award based on price, an IFB may
				  be issued requesting the submission of unpriced offers to be followed by an IFB
				  limited to those bidders whose offers have been qualified under the criteria
				  set forth in the first solicitation.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 500 - PURCHASES AND CONTRACTS › Subpart D - SOURCE SELECTION AND CONTRACT FORMATION › Section 500.320 - Competitive Sealed Proposals

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The Competitive Sealed Proposal method of source selection shall be used to
				procure professional and artistic services, except as otherwise provided in
				subsection (b) of this Section. Other supplies and services may be procured
				through the Competitive Sealed Proposal method of source selection, on a
				case-by-case basis, when it is determined by the Procurement Officer that
				competitive sealed bidding is either not practicable or advantageous.
1) "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 ].
2) "Practicable" Distinguished from
				"Advantageous". As used in this Section, "practicable" denotes what may be
				accomplished or put into practical application, and "advantageous" connotes a
				judgmental 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.
A) Factors to be considered in determining
				whether competitive sealed bidding is not practicable include:
i) whether the contract needs to be other
				than a fixed-price type;
ii)
				whether oral or written discussions may need to be conducted with offerors
				concerning technical and price aspects of their proposals;
iii) whether offerors may need to be afforded
				the opportunity to revise their proposals, including price;
iv) whether award may need to be based upon a
				comparative evaluation, as stated in the RFP, of differing price, quality, and
				contractual factors in order to determine the most advantageous offering to the
				State. Quality factors include technical and performance capability and the
				content of the technical proposal; and
v) whether the primary consideration in
				determining award may not be price.
B) Factors to be considered in determining
				whether competitive sealed bidding is not advantageous include:
i) if prior procurements indicate that
				competitive sealed proposals may result in more beneficial contracts for the
				State; and
ii) whether the factors
				listed in subsection (a)(2)(A) are desirable, in conducting a procurement,
				rather than necessary.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 500 - PURCHASES AND CONTRACTS › Subpart D - SOURCE SELECTION AND CONTRACT FORMATION › Section 500.330 - Small Purchases

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Application
1) Any individual procurement not
				exceeding $100,000 for supplies or services, not exceeding $100,000 for
				professional and artistic services, and not exceeding $100,000 for
				construction, may be made without advance notice, competition or use of any
				prescribed method of source selection.
2) Any change identified by the United States
				Department of Labor in the Consumer Price Index, as certified by CMS or another
				State agency with appropriate authority. The small purchase maximums shall be
				likewise recalculated for each July 1 thereafter. Changes to the small purchase
				maximums can be found on the Illinois Procurement Policy Board website
				(ppb.illinois.gov) and updated annually.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 500 - PURCHASES AND CONTRACTS › Subpart D - SOURCE SELECTION AND CONTRACT FORMATION › Section 500.340 - Sole Economically Feasible Source Procurement

Current through Register Vol. 48, No. 28, July 12, 2024
a) Application
The provisions of this Section 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
				  500.330 (Small
				  Purchases) or unless emergency conditions exist as defined in Section
				  500.350
				  (Emergency Procurements), in which case small purchase or emergency procedures
				  may be used.
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 offeror
				  authorized to provide that item. The following are examples of circumstances
				  that could necessitate sole source procurement:
1) compatibility of equipment, accessories,
				replacement parts, or service is a paramount consideration;
2) items are needed for trial use or testing
				of that specific product or service;
3) the item is to be procured for commercial
				resale;
4) non-competitive public
				utility services;
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) media for advertising;
7) art, educational (including training for
				continuing professional education, professional memberships and related
				expenses) or entertainment services; and
8) changes to existing contracts (see
				subsection (c)).
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 500 - PURCHASES AND CONTRACTS › Subpart D - SOURCE SELECTION AND CONTRACT FORMATION › Section 500.350 - Emergency Procurements

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Application
The provisions of this Section apply to every procurement
				  over the small purchase limit set in Section
				  500.330 (Small
				  Purchases) of this Part and that is not a sole source procurement under Section
				  500.340 made under
				  emergency, including quick purchase, conditions.
b) Definition of Emergency Conditions
Procurements may be made under this Section 500.350 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 OAG
				property to protect against further loss or damage to OAG property, or to
				prevent loss or damage to OAG property;
C) immediate action is needed to prevent or
				minimize serious disruption in critical OAG services that affect health, safety
				or collection of substantial State revenues;
D) action is needed to ensure the integrity
				of State records;
E) equipment or
				services are necessary in the furtherance of covert activities (including the
				conduct of audits and investigations) lawfully conducted by the OAG. Any
				required disclosures may be postponed or 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; or
G) the need for items to
				protect or further State interests is immediate and use of other competitive
				source selection procedures under this Part cannot be accomplished without
				significant risk of causing serious disadvantage to the State.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 500 - PURCHASES AND CONTRACTS › Subpart D - SOURCE SELECTION AND CONTRACT FORMATION › Section 500.360 - Other Methods of Source Selection

Current through Register Vol. 48, No. 28, July 12, 2024
Other methods of source selection, as defined by an agency
				  with statutory procurement authority in its adopted rules may be used by the
				  OAG when, in the CPO's best judgment, such methods of source selection are in
				  the State's best interests.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 500 - PURCHASES AND CONTRACTS › Subpart D - SOURCE SELECTION AND CONTRACT FORMATION › Section 500.370 - Tie Bids and Proposals

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Tie bids or proposals are those from responsive and responsible vendors that
				are, in the case of bids, identical in price, and, in the case of proposals,
				identical in rank after evaluation.
b) Tie bids or proposals will be treated as
				follows:
1) If the tied vendors include only
				one Illinois resident vendor, the Illinois resident vendor shall be given the
				award. "Illinois resident vendor" has the meaning ascribed in Section
				500.1110
				(Resident Vendor Preference) of this Part.
2) In all other situations, the award shall
				be made by lot unless the Procurement Officer determines that:
A) awarding to one of the vendors is in the
				State's best interest because, for example, that vendor is likely to be more
				reliable or responsive to the State's needs, based on past performance;
				provides a better quality of the supply or service; or provides quicker
				delivery; or, in the case of proposals, because of a desire to take advantage
				of the lower price; or
B) splitting
				the award is in the State's best interest because of a need to ensure delivery
				of the supply or service, or is necessary or desirable to promote future
				competition, and provided the affected vendors agree to the split
				award.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 500 - PURCHASES AND CONTRACTS › Subpart D - SOURCE SELECTION AND CONTRACT FORMATION › Section 500.380 - Modification, Correction or Withdrawal of Offers

Current through Register Vol. 48, No. 28, July 12, 2024
a) Modification, Correction or Withdrawal
				Before Opening
An offeror may withdraw or modify an offer if notice of the
				  withdrawal, correction or modification is received by the OAG before the latest
				  time specified for receipt of offers. Any modification, correction or
				  withdrawal, however, must be made in writing and received by the OAG prior to
				  the scheduled due date and time. When time is of the essence, the OAG may agree
				  to receive modifications, corrections or withdrawals by electronic mail, fax or
				  telephone. An originally signed confirmation of a telephone modification,
				  correction or withdrawal shall be mailed or delivered by the offeror on the
				  same day.
b) Mistakes
				Discovered After Opening but Before Award
1)
				Waiver of Minor Informalities. A minor informality or irregularity is one that
				is a matter of form or pertains to some immaterial or inconsequential defect or
				variation from the exact requirement of the solicitation, the correction or
				waiver of which would not be prejudicial to the State (i.e., the effect on
				price, quality, quantity, delivery, or contractual conditions is negligible).
				The Procurement Officer shall waive these informalities or allow the offeror to
				correct them, depending on which is in the best interest of the
				State.
2) Correction of Mistakes in
				Which Intended Correct Information is Evident. If the mistake and the intended
				correct information are clearly evident on the face of the bid or proposal
				document, the information shall be corrected and the bid or proposal may not be
				withdrawn. Examples of mistakes that may be clearly evident on the face of the
				bid or proposal document are typographical errors, errors in extending unit
				prices, transpositional errors, and arithmetical errors.
3) Withdrawal When Intended Correct
				Information is Not Evident. The low price bid or proposal may be withdrawn if:
A) a material mistake is clearly evident on
				the face of the bid or proposal document but the intended correct bid or
				proposal is not similarly evident; or
B) there is proof of evidentiary value that
				clearly and convincingly demonstrates that a material mistake was
				made.