Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 8 - CHIEF PROCUREMENT OFFICER FOR THE CAPITAL DEVELOPMENT BOARD › Subpart P - ETHICS › Section 8.5039 - Procurement Communication Reporting Requirement

Current through Register Vol. 48, No. 28, July 12, 2024
a) Reporting Requirement
Any written or oral communication received by a State
				  employee who, by nature of his or her duties, has the authority to participate
				  personally and substantially in the decision to award a State contract and that
				  imparts or requests material information or makes a material argument regarding
				  potential action concerning an active procurement matter, including, but not
				  limited to, an application, a contract or a project, shall be reported to the
				  Procurement Policy Board in accordance with rules of the Executive Ethics
				  Commission (see 2 Ill. Adm. Code 1620). [30 ILCS
				  500/50-39(a) ]
b) Excepted Communications
1) These communications do not include the
				following:
A) statements made by a person
				publicly in a public forum (however, communications made in a public forum, if
				made privately, must be reported);
B) statements regarding matters of procedure
				and practice, such as format, the number of copies required, the manner of
				filing, and the status of a matter;
C) statements made by a State employee and:
i) the State employee's agency
				head;
ii) other State employees of
				that agency;
iii) employees of the
				Executive Ethics Commission; or
iv)
				an employee of another State agency who, through the communication, is either
				exercising his or her experience or expertise in the subject matter of the
				particular procurement in the normal course of business, for official purposes,
				and at the initiation of the purchasing agency or the appropriate State
				Purchasing Officer, or exercising oversight, supervisory or management
				authority over the procurement in the normal course of business and as part of
				official responsibilities;
D) unsolicited communications providing
				general information about products, services or industry best practices before
				those products or services become involved in a procurement matter;
E) communications received in response to
				procurement solicitations, including, but not limited to, vendor responses to
				a:
i) RFI;
ii) RFP;
iii) request for qualifications;
iv) IFB;
v) small purchase, sole source or emergency
				solicitation; or
vi) questions and
				answers posted to the Illinois Procurement Bulletin to supplement the
				procurement action, provided that the communications are made in accordance
				with the instructions contained in the procurement solicitation, procedures or
				guidelines;
F)
				communications that are privileged, protected or confidential under law;
				and
G) communications that are part
				of a formal procurement process as set out by statute, rule or the
				solicitation, guidelines or procedures, including, but not limited to:
i) the posting of procurement
				opportunities;
ii) the process for
				approving a procurement business case or its equivalent;
iii) fiscal approval;
iv) submission of bids;
v) the finalization of contract terms and
				conditions with an awardee or apparent awardee; and
vi) any other similar formal procurement
				process. [30 ILCS
				500/50-39(a) ]