Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 2000 - SECRETARY OF STATE STANDARD PROCUREMENT › Subpart A - GENERAL › Section 2000.15 - Definition of Terms Used in This Part

Current through Register Vol. 48, No. 28, July 12, 2024
As used throughout this Part, terms defined in the Illinois
				  Procurement Code shall have the same meaning as in the Code and as further
				  defined in this Section, and each term listed in this Section shall have the
				  meaning set forth in this Section unless its use clearly requires a different
				  meaning. Terms may be defined in particular Sections for use in that
				  Section.
"Amendment" - A written unilateral or bilateral modification
				  to a contract term, as permitted by the original contract. These modifications
				  shall alter the performance and completion of the contract, including but not
				  limited to such matters as extra work and increases or decreases in quantities
				  of goods not included within the scope of the original contract.
"Award" - The selection of a vendor for a contract.
"Bid" - The response to an Invitation for Bids.
"Bidder" - Any person other than an individual acting as a
				  sole proprietor who submits a bid.
"Bidder or Offeror Authorized to do Business in Illinois" - A
				  person (other than an individual acting as a sole proprietor) that is a legal
				  entity authorized to do business in Illinois by the SOS Department of Business
				  Services.
"Brand Name or Equal Specification" - A specification that
				  uses one or more manufacturer's names or catalogue numbers to describe the
				  standard of quality, performance, and other characteristics needed to meet
				  State requirements, and that allows the submission of equivalent
				  products.
"Brand Name Specification" - A specification limited to one
				  or more items by manufacturers' names or catalogue numbers.
"Bulletin" - Any Procurement Bulletin promulgated and
				  produced by a State agency or institution as set forth in the Illinois
				  Procurement Code.
"Change Order" - A change order shall have the same meaning
				  as an "amendment".
"Code" - The Illinois Procurement Code [ 30 ILCS 500
				  ].
"Concession" - The right or a lease to engage in a certain
				  activity for profit on the lessor's premises (e.g., a refreshment or parking
				  concession).
"Consulting Services" - Services provided by a business or
				  person as an independent contractor to advise and assist an agency in solving
				  specific management or programmatic problems involving the organization,
				  planning, direction, control or operations of a State agency. The services may
				  or may not rise to the level of professional and artistic as defined in the
				  Code and this Part.
"Contract" - A contract may be in written or oral form. The
				  term contract as used in the Code and this Part does not include: supplies or
				  services the terms governing which are established by tariff of the Illinois
				  Commerce Commission or the Federal Communications Commission, bonds issued by
				  or on behalf of any State agency, or contracts, other than for "concessions",
				  that the State agency signs, but has no financial obligation to the other
				  parties.
"Contractor" or "Vendor" - The terms contractor and vendor
				  are used interchangeably for purposes of the Code and this Part.
"Day" - Calendar day. In computing any period of time, the
				  day of the event from which the designated period of time begins to run shall
				  not be included, but the last day of the period shall be included unless it is
				  a Saturday, Sunday, or a State holiday, in which event the period shall run to
				  the end of the next business day.
"DCMS" - The Department of Central Management
				  Services.
"Items" - Anything that may be procured under this
				  Code.
"Invitation for Bids" or "IFB" -
The process by which
				  a purchasing agency requests information from bidders, including all documents,
				  whether attached or incorporated by reference, used for soliciting
				  bids.
[
				  30 ILCS
				  500/1-15.45 ]
"Multi-Year Contract" - A multi-year contract is a contract
				  with a performance term of more than 12 months.
"Offeror" - A person who responds to an Invitation for Bids,
				  Request for Proposals or other form of solicitation.
"Procurement Officer" - The Chief Procurement Officer (CPO)
				  or appropriate State Purchasing Officer (SPO) who conducts the particular
				  procurement, or a designee of either.
"Proposal" - The response to a Request for Proposals.
"Protest Review Office" - The office address of the person
				  designated in the solicitation documents to which protests must be directed.
				  The person designated in the solicitation documents will respond to or
				  coordinate the response to the protest.
"Qualified Products List" - An approved list of supplies
				  described by model or catalogue numbers that, prior to competitive
				  solicitation, the State has determined will meet the applicable specification
				  requirements.
"Renewal" - An extension of an original contract with
				  materially identical terms to the original contract.
"Request for Information" or "RFI" - The process by which a
				  purchasing agency requests information from offerors for all State contracts
				  for leases of real property or capital improvements.
"Request for Proposals" or "RFP" -
The process by
				  which a purchasing agency requests information from offerors, including all
				  documents, whether attached or incorporated by reference, used for soliciting
				  proposals.
[
				  30 ILCS
				  500/1-15.75 ]
"Responsible Bidder or Offeror" - A person who has the
				  capability in all respects to perform fully the contract requirements and the
				  integrity and reliability that will assure good faith performance. A
				  responsible bidder or offeror shall not include a business or other entity that
				  does not exist as a legal entity at the time the bid or proposal is submitted
				  for State contract.
"Reverse Auction" - A source selection technique that allows
				  for purchase of supplies or services through a competitive auction process. A
				  reverse auction allows bidders to electronically submit prices for an
				  Invitation for Bids during a predefined time period and is designed to obtain
				  the lowest cost for supplies and services.
"Service" -
The furnishing of labor, time, or effort
				  by a contractor, not involving the delivery of a specific end product other
				  than reports or supplies that are incidental to the required
				  performance
[
				  30 ILCS 500/1-15.90 ]
				  and the financing thereof.
"Solicitation" - An Invitation for Bids, a Request for
				  Proposals or other request to one or more vendors to respond to a procurement
				  need expressed by the State.
"SOS" - The Office of the Secretary of State.
"Specification" - Any description of the physical,
				  functional, or performance characteristics, or of the nature, of a supply or
				  service. A specification includes, as appropriate, requirements for inspecting,
				  testing, or preparing a supply or service item for delivery. Unless the context
				  requires otherwise, the terms "specification" and "purchase description" are
				  used interchangeably throughout this Part.
"Specification for a Common or General Use Item" - A
				  specification that has been developed and approved for repeated use in
				  procurements.
"State" - The Office of the Secretary of State.
"Subcontract" - A contract between one person and another
				  person who has or is seeking a contract subject to this Code, pursuant to which
				  the subcontractor provides to the contractor some or all of the goods,
				  services, property, remuneration or other form of consideration that are the
				  subject of the primary contract and includes, among other things, subleases
				  from a lessee of a State agency.
"Subcontractor" - A person or entity that enters into a
				  contractual agreement, for an amount greater than the small purchases limits
				  set by Section 20-20 of the Code (or an amount set by rule pursuant to Section
				  20-20(c) of the Code) or Section 35-35 of the Code or Section 45 of the
				  Architectural, Engineering and Land Surveying Qualifications Based Selection
				  Act [
				  30 ILCS 535/45 ],
				  with a contractor who has or is seeking a contract subject to the Code, to
				  provide the contractor some or all of the goods, services, property,
				  remuneration or other form of consideration that are the contractor's
				  contractual obligations.
"Supplies" -
All personal property, including but not
				  limited to equipment, materials, printing, and insurance, and the financing of
				  those supplies.
[
				  30 ILCS 500/1-15.110
				  ]
"Unsolicited Offer" - Any offer other than one submitted in
				  response to a solicitation.