reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1400 - PROCUREMENT › Subpart J - ETHICS › Section 1400.5055 - Additional Provisions

Current through Register Vol. 48, No. 28, July 12, 2024
This Part is subject to applicable provisions of the
				  following Acts:
a) Article 33E of the
				Criminal Code of 1961 [720 ILCS 5 /Art. 33E];
b) the Illinois Human Rights Act [775 ILCS 5
				];
c) the Discriminatory Club Act
				[775 ILCS 25 ];
d) the Illinois
				Governmental Ethics Act [5 ILCS 420 ];
e) the State Prompt Payment Act [30 ILCS 540
				];
f) the Public Officer Prohibited
				Activities Act [50 ILCS 105 ];
g)
				the Drug Free Workplace Act [30 ILCS 580 ];
h) the Procurement of Domestic Products Act
				[30 ILCS 517 ];
i) the
				International Anti-Boycott Certification Act [30 ILCS 582 ];
j) the State Prohibition of Goods from Forced
				Labor Act [30 ILCS 583 ];
k) the
				State Prohibition of Goods from Child Labor Act [30 ILCS 584 ]; and
l) the Information Technology Accessibility
				Act [30 ILCS 587 ].
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1400 - PROCUREMENT › Subpart J - ETHICS › Section 1400.5060 - Other Violations

Current through Register Vol. 48, No. 28, July 12, 2024
Any employee of the Treasurer's office, including the Chief
				  Procurement Officer, who willfully violates or allows the violation of this
				  Part is subject to immediate dismissal.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1400 - PROCUREMENT › Subpart J - ETHICS › Section 1400.5065 - Supply Inventory

Current through Register Vol. 48, No. 28, July 12, 2024
The Treasurer's office should inventory or stock no more
				  equipment, supplies, commodities, articles, and other items than are reasonably
				  necessary for the efficient functioning of the Treasurer's office. The
				  Treasurer's office must seek to have no more than a 12-month supply of any
				  equipment, supplies, commodities, or other items, unless there is a justifiable
				  reason for doing so.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1400 - PROCUREMENT › Subpart J - ETHICS › Section 1400.5090 - Annual Value, Certification

Current through Register Vol. 48, No. 28, July 12, 2024
All contracts under this Part with an annual value that
				  exceeds $50,000 shall be accompanied by Standard Illinois Certifications in a
				  form prescribed by the Chief Procurement Officer. The Chief Procurement Officer
				  may utilize a form prescribed by the Chief Procurement Officer for General
				  Services for this purpose.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1400 - PROCUREMENT › Subpart K - CONCESSIONS › Section 1400.5505 - Concessions

Current through Register Vol. 48, No. 28, July 12, 2024
a) All Concessions,
				including the assignment, license, sale, or transfer of interests in or rights
				to discoveries, inventions, patents, or copyrightable works, may be entered
				into by the Treasurer's office, if the concession is reduced to writing and
				awarded by one of the procurement methods described in this Part, except that
				the contract will be awarded to the highest and best offeror. The duration and
				terms of concessions and leases of State property must be in accordance with
				this Part.
b) Proposed concessions
				or leases of State property under this Part must be coordinated with CMS to
				ensure compliance with the State Property Control Act and rules implementing
				that Act (44 Ill Adm Code 5000).
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1400 - PROCUREMENT › Subpart L - MISCELLANEOUS PROVISIONS OF GENERAL APPLICABILITY › Section 1400.6005 - Severability

Current through Register Vol. 48, No. 28, July 12, 2024
If any provision of this Part or any application thereof is
				  held invalid, the invalidity will not affect other provisions or applications
				  of this Part that can be given effect without the invalid provision or
				  application.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1400 - PROCUREMENT › Subpart L - MISCELLANEOUS PROVISIONS OF GENERAL APPLICABILITY › Section 1400.6015 - Inspections

Current through Register Vol. 48, No. 28, July 12, 2024
a) Inspection of Plant
				or Site
The State may enter a contractor's or subcontractor's plant
				  or place of business to:
1) inspect
				supplies or services for acceptance by the State under the terms of a
				contract;
2) audit the books and
				records of any contractor or subcontractor under Section
				1400.4020(d);
3) investigate an action to suspend a person
				from consideration for award of contracts in accordance with Section
				1400.4020;
4) determine whether the
				standards of responsibility have been met or are capable of being met;
				and
5) determine if the contract is
				being performed in accordance with its terms.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1400 - PROCUREMENT › Subpart L - MISCELLANEOUS PROVISIONS OF GENERAL APPLICABILITY › Section 1400.6020 - Contracts for Food Donation; Food Donation Policy

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Treasurer's office shall not enter
				into a contract to purchase food with a bidder or offeror if the bidder's or
				offeror's contract terms prohibit the public entity from donating food to food
				banks, including, but not limited to, homeless shelters, food pantries, and
				soup kitchens.
b) The Treasurer's
				office shall permit the donation of leftover food purchased with State
				funds.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1400 - PROCUREMENT › Subpart L - MISCELLANEOUS PROVISIONS OF GENERAL APPLICABILITY › Section 1400.6025 - Postage Stamps

Current through Register Vol. 48, No. 28, July 12, 2024
All postage stamps purchased from State funds must be
				  perforated for identification purposes.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1400 - PROCUREMENT › Subpart L - MISCELLANEOUS PROVISIONS OF GENERAL APPLICABILITY › Section 1400.6030 - Printing

Current through Register Vol. 48, No. 28, July 12, 2024
All books, pamphlets, documents, and reports published
				  through or by the Treasurer's office must have printed thereon "Printed by the
				  authority of the State of Illinois", the date of each publication, the number
				  of copies printed, and the printing order number. No publication may have
				  written, stamped, printed, or attached to it "Compliments of . . . (naming a
				  person)" or any words of similar import.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1400 - PROCUREMENT › Subpart L - MISCELLANEOUS PROVISIONS OF GENERAL APPLICABILITY › Section 1400.6035 - Annual Reports

Current through Register Vol. 48, No. 28, July 12, 2024
Every printed annual report produced by the Treasurer's
				  office must bear a statement indicating whether it was printed by the State of
				  Illinois or by contract and indicating the printing costs per copy and the
				  number of copies printed.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1400 - PROCUREMENT › Subpart L - MISCELLANEOUS PROVISIONS OF GENERAL APPLICABILITY › Section 1400.6040 - No Waiver of Sovereign Immunity

Current through Register Vol. 48, No. 28, July 12, 2024
Nothing in this Part will be deemed to be a waiver of
				  sovereign immunity.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1500 - OFFICE OF THE GOVERNOR PROCUREMENT RULES › Subpart A - GENERAL › Section 1500.01 - Title

Current through Register Vol. 48, No. 28, July 12, 2024
This Part may be cited as the Office of the Governor
				  Procurement Rules.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1500 - OFFICE OF THE GOVERNOR PROCUREMENT RULES › Subpart A - GENERAL › Section 1500.05 - Policy

Current through Register Vol. 48, No. 28, July 12, 2024
All procurements by the Office of the Governor (OG) 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 1500 - OFFICE OF THE GOVERNOR PROCUREMENT RULES › Subpart A - GENERAL › Section 1500.10 - Application

Current through Register Vol. 48, No. 28, July 12, 2024
a) Articles 1, 15, 20,
				25, 35, 40, 45, 50, and 53 of the Illinois Procurement Code [30 ILCS 525 ] (the
				Code) will be referenced herein as though applicable to the OG, and all
				procurements of goods or services conducted by the OG or by CMS on behalf of
				the OG shall be substantially in accordance with those provisions of the Code,
				except to the extent otherwise provided in this Part.
b) For the purposes of the Code and this
				Part, any reference to Chief Procurement Officer (CPO) means the Governor or
				his designee except that for the purpose of issuing State debt, the Director of
				the Bureau of the Budget shall be the CPO. The Governor may appoint one or more
				designees.
c) The Code and this
				Part apply to those procurements for which the vendors were first solicited on
				or after July 1, 1998.
d)
				Procurements for which vendors were first solicited on or before June 30, 1998,
				shall be conducted pursuant to legal requirements in effect at the time of the
				solicitation. The terms and conditions and the rights and obligations under
				contracts resulting from such procurements shall not be impaired.
e) A solicitation occurs on or before June
				30, 1998, as follows:
1) When advertising was
				required in the Official State Newspaper, the first advertisement must run no
				later than June 30, 1998.
2) When
				advertising was not required:
A) if the
				procurement was advertised, even though advertising was not required, the first
				advertisement must have run no later than June 30, 1998;
B) if the procurement was by direct
				solicitation by mail, the solicitation must have been postmarked or placed in
				the control of a private carrier no later than June 30, 1998;
C) if the procurement was by direct
				solicitation by fax, the fax must show a transmission date no later than June
				30, 1998;
D) if the procurement was
				solicited in-person or by telephone, the solicitation must have occurred no
				later than June 30, 1998, and the State officer or employee who made the
				solicitation must state in writing when the procurement was discussed and must
				name the party with whom the discussion took place.
3) In all circumstances, the solicitations
				must be for the procurement of particular needs. A general discussion to
				determine if there is any interest on the part of a State agency in the
				supplies or services of a vendor or vendors, or on the part of a vendor or
				vendors in providing the supplies or services, is not considered a
				solicitation.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1500 - OFFICE OF THE GOVERNOR PROCUREMENT RULES › Subpart A - GENERAL › Section 1500.25 - Property Rights

Current through Register Vol. 48, No. 28, July 12, 2024
Receipt of an Invitation for Bids or other procurement
				  document, or submission of any response thereto, or other offer, 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 1500 - OFFICE OF THE GOVERNOR PROCUREMENT RULES › Subpart B - PROCUREMENT RULES › Section 1500.525 - Rules

Current through Register Vol. 48, No. 28, July 12, 2024
Procurement under the jurisdiction of the OG shall be
				  conducted substantially in accordance with the Code and in accordance with this
				  Part except as provided in this Section. The OG may, in the same manner as
				  State agencies under the jurisdiction of the CPO of CMS, without soliciting
				  independent bids, proposals, or responses, procure goods and services from
				  Master Contracts or other centralized purchasing arrangements established by
				  CMS from vendors selected by CMS in accordance with a competitive selection
				  process established by CMS under the Code.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1500 - OFFICE OF THE GOVERNOR PROCUREMENT RULES › Subpart C - PROCUREMENT AUTHORITY › Section 1500.1005 - Exercise of Procurement Authority

Current through Register Vol. 48, No. 28, July 12, 2024
a) The CPO shall ensure that all procurements
				of the OG are in accordance with the Code and this Part and are in the best
				interests of the State. For procurements other than for issuance of State debt,
				the CPO may request that CMS conduct such procurements on behalf of the OG.
				Such procurements conducted by CMS on behalf of the OG shall be carried out in
				accordance with the Code and rules adopted by CMS thereunder. Additionally, the
				CPO may delegate to the CPO of CMS the authority to exercise on behalf of the
				CPO or any Purchasing Officer any right, responsibility, duty or obligation
				vested in the CPO or any Procurement Officer under the Code or this
				Part.
b) The CPO may appoint one or
				more employees under his direction and supervision to serve as a SPO.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1500 - OFFICE OF THE GOVERNOR PROCUREMENT RULES › Subpart D - PUBLICIZING PROCUREMENT ACTIONS › Section 1500.1510 - Illinois Procurement Bulletin

Current through Register Vol. 48, No. 28, July 12, 2024
a) Notice of any procurement action, by or on
				behalf of the OG, that would be required by the Code to be published in the
				Illinois Procurement Bulletin if the OG were a "State Agency" will be forwarded
				to CMS for inclusion in the appropriate volume of the Bulletin.
b) The Bulletin may be supplemented at the
				discretion of the OG with publication elsewhere, including in the Official
				State Newspaper selected by CMS.
c)
				The notice shall contain at least the following information:
1) the Office of the Governor;
2) a brief purchase description;
3) a procurement reference number, if
				used;
4) the date the procurement
				is first offered;
5) the date,
				time, and location for making submissions;
6) the method of source selection;
7) the name of the Procurement Officer in
				charge; and
8) instructions on how
				to obtain detailed information.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1500 - OFFICE OF THE GOVERNOR PROCUREMENT RULES › Subpart D - PUBLICIZING PROCUREMENT ACTIONS › Section 1500.1570 - 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 Bulletin.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1500 - OFFICE OF THE GOVERNOR PROCUREMENT RULES › Subpart D - PUBLICIZING PROCUREMENT ACTIONS › Section 1500.1580 - Direct Solicitation

Current through Register Vol. 48, No. 28, July 12, 2024
In addition to giving notice in the Bulletin, OG may directly
				  contact prospective vendors by providing copies of Invitations for Bids,
				  Requests for Proposals, or other procurement information. 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 as provided to others. No
				  direction solicitation shall be made prior to the date any required notice
				  first appears in the Bulletin.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1500 - OFFICE OF THE GOVERNOR PROCUREMENT RULES › Subpart E - SOURCE SELECTION AND CONTRACT FORMATION › Section 1500.2005 - General Provisions

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Late Bids or Proposals, Late Withdrawals and Late Modifications
1) Definition. Any bid or proposal received
				after the time and date for receipt, and at other than the specified location,
				is late. A bid 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 agency shall not be responsible for ensuring such
				subsequent delivery. Any withdrawal or modification of a bid or proposal
				received after the time and date set for opening of bids or proposals is late.
				If received at other than the specified location, the submission is
				late.
2) Treatment. No late bid or
				proposal, 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 State personnel directly serving the procurement activity
				(e.g., providing the wrong address).
3) Records. Records shall be made and, in
				accordance with the State Records Act [5 ILCS 160 ], kept for each late bid or
				proposal, late modification, or late withdrawal.
4) Other Submissions. Any other submission
				that has a time or date deadline shall be treated in the same manner as a late
				bid.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1500 - OFFICE OF THE GOVERNOR PROCUREMENT RULES › Subpart E - SOURCE SELECTION AND CONTRACT FORMATION › Section 1500.2010 - 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 the Code and 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 is used to initiate a competitive sealed bid procurement.
2) Content. The Invitation for Bids 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 Invitation
				for Bids may incorporate documents by reference provided that the Invitation
				for Bids specifies where such documents can be obtained.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1500 - OFFICE OF THE GOVERNOR PROCUREMENT RULES › Subpart E - SOURCE SELECTION AND CONTRACT FORMATION › Section 1500.2012 - Multi-Step Sealed Bidding

Current through Register Vol. 48, No. 28, July 12, 2024
a) Definition. Multi-step sealed bidding is a
				two-phase process consisting of a technical first phase composed of one or more
				steps in which bidders submit unpriced technical offers to be evaluated by the
				State, and a second phase in which those bidders whose technical offers are
				determined to be acceptable during the first phase have their price bids
				considered.
b) Conditions for Use.
				The multi-step sealed bidding method may be used when it is not practical to
				prepare initially a definitive purchase description that will be suitable to
				permit an award based on price. Multi-step sealed bidding may be used when it
				is considered desirable:
1) to invite and
				evaluate possible diverse technical offers to determine their acceptability to
				fulfill the purchase description requirements; and
2) to conduct discussions for the purposes of
				facilitating understanding of the technical offer and purchase description
				requirements and, where appropriate, obtain supplemental information, permit
				amendments of technical offers, or amend the purchase description.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1500 - OFFICE OF THE GOVERNOR PROCUREMENT RULES › Subpart E - SOURCE SELECTION AND CONTRACT FORMATION › Section 1500.2015 - Competitive Sealed Proposals

Current through Register Vol. 48, No. 28, July 12, 2024
a) Competitive Sealed Proposals may be used
				whenever permitted by the Code and as described in this Part.
b) The Competitive Sealed Proposal method of
				source selection may be used to procure the following categories (note that the
				following services, if they are professional and artistic, must be procured
				pursuant to Section
				1500.2035
				of this Part):
1) electronic data processing
				equipment, software, and services;
2) telecommunications equipment, software,
				and services;
3) consulting
				services; and
4) employee benefits
				and management of those benefits.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1500 - OFFICE OF THE GOVERNOR PROCUREMENT RULES › Subpart E - SOURCE SELECTION AND CONTRACT FORMATION › Section 1500.2020 - Small Purchases

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Application
1) Procurements of $25,000 or
				less for supplies or services, other than professional and artistic, and
				$30,000 or less for construction may be made using the method of source
				selection determined by the Procurement Officer to be most appropriate to the
				circumstances.
2) Procurements of
				less than $20,000 for professional and artistic services and that have a
				non-renewable term of one year or less may be made using the method of source
				selection determined by the Procurement Officer to be most appropriate to the
				circumstances.
3) Any change
				identified by the United States Department of Labor in the Consumer Price
				Index, as certified by CMS, for All Urban Consumers for the period ending
				December 31, 1998, and for each year thereafter shall be used to adjust the
				small purchase maximums that shall be applicable for the fiscal year beginning
				July 1, 1999. The small purchase maximums shall be likewise recalculated for
				each July 1 thereafter.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1500 - OFFICE OF THE GOVERNOR PROCUREMENT RULES › Subpart E - SOURCE SELECTION AND CONTRACT FORMATION › Section 1500.2025 - Sole Economically Feasible Source Procurement

Current through Register Vol. 48, No. 28, July 12, 2024
a) Application
The provisions of this Part 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
				  1500.2020 (Small
				  Purchases) or unless emergency conditions exist as defined in Section
				  1500.2030
				  (Emergency Procurements) of this Part.
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 bidder or
				  offeror authorized to provide that item. The following are examples of
				  circumstances that could necessitate sole source procurement:
1) the compatibility of equipment,
				accessories, replacement parts, or service is a paramount
				consideration;
2) a sole supplier's
				items are needed for trial use or testing;
3) a sole supplier's item is to be procured
				for commercial resale;
4) public
				utility regulated services are to be procured;
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) the procurement of the
				media for advertising;
7) the
				procurement of art or entertainment services; and
8) changes to existing contracts (see
				subsection (c) below).
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1500 - OFFICE OF THE GOVERNOR PROCUREMENT RULES › Subpart E - SOURCE SELECTION AND CONTRACT FORMATION › Section 1500.2030 - Emergency Procurements

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Applications
The provisions of this Part apply to every procurement over
				  the small purchase limit set in Section
				  1500.2020 (Small
				  Purchases) of this Part and that is not a sole source procurement under Section
				  1500.2025
				  of this Part made under emergency, including quick purchase, conditions.
b) Definition of Emergency
				Conditions
Procurements may be made under this Section
				  1500.2030
				  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 State
				property to protect against further loss or damage to State property, or to
				prevent loss or damage to State property;
C) immediate action is needed to prevent or
				minimize serious disruption in State services;
D) action is needed to ensure the integrity
				of State records;
E) equipment or
				services are necessary in the furtherance of covert activities lawfully
				conducted by a State agency. Any required disclosures 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;
G) availability of rare items such as books
				of historical value;
H) extending
				an existing contract for such period of time as is needed to conduct a
				competitive method of source selection where terminating or allowing the
				contract to terminate would not be advantageous to the State; or
I) the need for items to protect or further
				State interests is immediate and use of other competitive source selection
				procedures under the Code and this Part cannot be accomplished without
				significant risk of causing disadvantage to the State.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1500 - OFFICE OF THE GOVERNOR PROCUREMENT RULES › Subpart E - SOURCE SELECTION AND CONTRACT FORMATION › Section 1500.2035 - Competitive Selection Procedures for Professional and Artistic Services

Current through Register Vol. 48, No. 28, July 12, 2024
a) Application
1) The provisions of this Section apply to
				every procurement of professional and artistic services except those subject to
				the Architectural, Engineering and Land Surveying Qualifications Based
				Selection Act [30 ILCS 535 ] and except as provided in subsection (e)
				below.
2) "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 ].
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1500 - OFFICE OF THE GOVERNOR PROCUREMENT RULES › Subpart E - SOURCE SELECTION AND CONTRACT FORMATION › Section 1500.2036 - Other Methods of Source Selection

Current through Register Vol. 48, No. 28, July 12, 2024
a) Split Award
1) An award of a definite quantity
				requirement may be split between bidders or offerors. Each portion shall be for
				a definite quantity and the sum of the portions shall be the total definite
				quantity required. A split award may be used only when award to more than one
				bidder or offeror for different amounts of the same item are necessary to
				obtain the total quantity or the required delivery.
2) The Procurement Officer shall make a
				written determination setting forth the reasons for the split award, which
				determination shall be made a part of the procurement file.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1500 - OFFICE OF THE GOVERNOR PROCUREMENT RULES › Subpart E - SOURCE SELECTION AND CONTRACT FORMATION › Section 1500.2037 - 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 identical in price or evaluation and represent the low price.
b) Tie bids or proposals will be treated as
				follows:
1) If the tied vendors include an
				Illinois resident vendor, the Illinois resident vendor shall be given the
				award. In all other situations, including if two or more Illinois resident
				bidders are tied, the decision shall be made in accordance with this subsection
				(b). "Illinois resident vendor" has the meaning given in Section
				1500.4510
				(Resident Bidder Preference) of this Part.
2) If there is a significant difference in
				responsibility (including ability to provide the service or deliver in the
				quantity and at the time required), the award will be made to the vendor who is
				deemed to be the most responsible. A vendor who has had experience in
				contracting with the State shall be given additional consideration in
				determining responsibility if the Procurement Officer determines that dealing
				with a vendor that has knowledge of State requirements, contracts, job sites,
				payment practices and such other factors and with which there has been
				favorable past experience increases the likelihood of successful
				performance.
3) If there is no
				significant difference in responsibility, but there is a difference in the
				quality of the supplies or services offered, the vendor offering the best
				quality will be accepted.
4) If
				there is no significant difference in responsibility and no difference in
				quality of the supplies or services offered, the vendor offering the earliest
				delivery time will be accepted in any case in which the solicitation specified
				that the needs of the agency require delivery as early as possible.
5) If the bids or proposals are equal in
				every respect, the award shall be made by lot unless the Procurement Officer
				determines that splitting the award among two or more of the tied bidders is in
				the best interest of the State. Awards may be split if all affected bidders
				agree, if splitting is feasible given the type of supplies or services
				requested, if overall pricing would not increase, if delivery would be better
				ensured, or if necessary or desirable to promote future competition.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1500 - OFFICE OF THE GOVERNOR PROCUREMENT RULES › Subpart E - SOURCE SELECTION AND CONTRACT FORMATION › Section 1500.2038 - Mistakes

Current through Register Vol. 48, No. 28, July 12, 2024
a) General
Corrections to bids, proposals or other procurement processes
				  are allowed, but only to the extent not contrary to the best interest of the
				  State or the fair treatment of other bidders.
b) Mistakes Discovered Before Opening
A vendor may correct mistakes discovered before the time and
				  date set for opening by withdrawing or correcting as provided in this
				  Section.
c) Confirmation of
				Mistake
When the Procurement Officer knows or has reason to conclude
				  that a mistake has been made, such officer shall request the vendor to confirm
				  the information. Situations in which confirmation should be requested include
				  obvious or apparent errors on the face of the document or a price unreasonably
				  lower than the others submitted. If the vendor alleges a mistake, the bid or
				  proposal may be corrected or withdrawn if the conditions set forth in this
				  Section, as applicable, are met.
d) Mistakes in Bids Discovered After Opening
				but Before Award
This subsection (d) sets forth procedures to be applied in
				  situations in which mistakes in bids are discovered after the time and date set
				  for bid opening but before award.
1)
				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 of a bid from the exact requirement of the Invitation for Bids, 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 such informalities or allow
				the bidder to correct them depending on which is in the best interest of the
				State. Examples of minor informalities as to form include the failure of a
				bidder to:
A) return the number of signed
				bids required by the Invitation for Bids;
B) acknowledge receipt of an amendment to the
				Invitation for Bids, but only if:
i) it is
				clear from the bid that the bidder received the amendment and intended to be
				bound by its terms; or
ii) the
				amendment involved had a negligible effect on price, quantity, quality, or
				delivery.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1500 - OFFICE OF THE GOVERNOR PROCUREMENT RULES › Subpart E - SOURCE SELECTION AND CONTRACT FORMATION › Section 1500.2040 - Cancellation of Solicitations; Rejection of Bids or Proposals

Current through Register Vol. 48, No. 28, July 12, 2024
a) Scope of this
				Section
The provisions of this Section shall govern the cancellation
				  of any solicitations whether issued by the State under competitive sealed
				  bidding, competitive sealed proposals, small purchases, or any other source
				  selection method, and rejection of bids or proposals in whole or in
				  part.
b) Policy
Any solicitation may be canceled when the Procurement Officer
				  believes cancellation to be in the State's best interest. Nothing shall compel
				  the award of a contract.
c)
				Cancellation of Solicitation; Rejection of All Bids or Proposals Prior to
				Opening
1) As used in this Section, "opening"
				means the date set for opening of bids, receipt of unpriced technical offers in
				multi-step sealed bidding, or receipt of proposals in competitive sealed
				proposals.
2) Prior to opening, a
				solicitation may be canceled in whole or in part when the Procurement Officer
				determines in writing that such action is in the State's best interest for
				reasons including, but not limited to:
A) the
				OG no longer requires the supplies or services;
B) the OG no longer can reasonably expect to
				fund the procurement; or
C)
				proposed amendments to the solicitation would be of such magnitude that a new
				solicitation is desirable.
3) When a solicitation is canceled prior to
				opening, notice of cancellation shall be sent to all businesses that responded
				to the solicitation.
4) The notice
				of cancellation shall:
A) identify the
				solicitation;
B) briefly explain
				the reason for cancellation; and
C)
				where appropriate, explain that an opportunity will be given to compete on any
				resolicitation or any future procurements of similar supplies or
				services.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1500 - OFFICE OF THE GOVERNOR PROCUREMENT RULES › Subpart F - SUPPLIERS AND RESPONSIBILITY › Section 1500.2043 - Suppliers

Current through Register Vol. 48, No. 28, July 12, 2024
a) The OG may contract
				with any qualified source of supply, but should give preference to Directed
				Sources, and should consider the following Special Sources.
b) Directed Sources - State-Produced Supplies
				or Services
1) Correctional Industries. The
				CPO, after consulting with the Department of Corrections, shall determine the
				type and extent of the preference OG shall give to supplies produced or
				services performed by Correctional Industries. Factors to be considered in
				determining the preference include, but are not limited to, the ability of
				Correctional Industries to meet the OG's requirements, the price charged and
				the reason for the Correctional Industries program.
2) Central Services. Supplies and services
				available from the program operations of CMS shall be utilized unless the CPO
				authorizes procurement from other sources.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1500 - OFFICE OF THE GOVERNOR PROCUREMENT RULES › Subpart F - SUPPLIERS AND RESPONSIBILITY › Section 1500.2045 - Responsibility

Current through Register Vol. 48, No. 28, July 12, 2024
a) Application
Contracts are to be made only with responsible vendors unless
				  no responsible vendor is available to meet the State's needs. If there is doubt
				  about responsibility, and if a bond or other security would adequately protect
				  the State's interests, then that vendor may be awarded a contract upon receipt
				  of the bond or other security.
b) Standards of Responsibility
1) Standards. Factors to be considered in
				determining whether the standard of responsibility has been met may include,
				but not limited to, whether a prospective vendor:
A) has available the appropriate financial,
				material, equipment, facility, and personnel resources and expertise (or the
				ability to obtain them) necessary to indicate its capability to meet all
				contractual requirements (the Procurement Officer may designate a level of
				financial resource below which the vendor will be deemed "not
				responsible");
B) is able to comply
				with required or proposed delivery or performance schedules, taking into
				consideration all existing commercial and governmental commitments;
C) has a satisfactory record of performance.
				Vendors who are or have been deficient in current or recent contract
				performance in dealing with the State or other customers may be deemed "not
				responsible" unless the deficiency is shown to have been beyond the reasonable
				control of the vendor;
D) has a
				satisfactory record of integrity and business ethics. Vendors who are under
				investigation or indictment for criminal or civil actions that bear on the
				particular procurement or that create a reasonable inference or appearance of a
				lack of integrity on the part of the vendor may be declared not responsible for
				the particular procurement;
E) is
				qualified legally to contract with the State;
F) has supplied all necessary information in
				connection with the inquiry concerning responsibility;
G) has a current Public Contracts number from
				the Illinois Department of Human Rights, pursuant to 44 Ill. Adm. Code
				750.210,
				if required. Proof of application prior to opening of bids or proposals will be
				sufficient for an initial determination;
H) pays prevailing wages, if required by law;
				and
I) is current in payment of all
				State of Illinois taxes, including the unemployment insurance tax.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1500 - OFFICE OF THE GOVERNOR PROCUREMENT RULES › Subpart G - BID, PROPOSAL AND PERFORMANCE SECURITY › Section 1500.2047 - Security Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) A
				Procurement Officer may require that a vendor furnish bid, proposal, or
				performance security on OG contracts. Whenever security is required, except as
				provided herein, the procurement document will clearly indicate the type and
				amount of security.
b) Security,
				unless otherwise specified, may be in the form of cashier's check, certified
				check, money order, irrevocable letter of credit or bond. Any bond must be
				issued by a surety company authorized to do business in the State of
				Illinois.
c) Unless the amount is
				set by law, the Procurement Officer will determine the amount, in dollars or
				percentage of contract price, that will adequately protect the State's
				interests. That amount will vary depending on the type of procurement and the
				risks and potential losses associated with delay or failure to complete the
				project, and for other such reasons.
d) A vendor may be required to furnish up to
				100% performance security at any time during contract performance and at its
				cost, if it appears that delivery or production schedules cannot be met,
				quality is poor, responsibility is questioned and for similar
				reasons.
e) Bid or proposal
				security will be returned to unsuccessful vendors as soon after award as
				possible. The bid or proposal security of the successful vendor will be
				returned after contracts have been signed and performance security, if any,
				submitted. Performance security will be returned upon full
				performance.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1500 - OFFICE OF THE GOVERNOR PROCUREMENT RULES › Subpart H - SPECIFICATIONS › Section 1500.2050 - Specifications

Current through Register Vol. 48, No. 28, July 12, 2024
a) The OG may use
				specifications or qualified products lists established or used by
				CMS.
b) Brand Name or Equal
				Specification
1) Brand name or equal
				specifications may be used when the Procurement Officer determines in writing
				that:
A) no specification for a common or
				general use specification or qualified products list is available;
B) time does not permit the preparation of
				another form of specification, not including a brand name
				specification;
C) the nature of the
				product or the nature of the State's requirement makes use of a brand name or
				equal specification suitable for the procurement; or
D) use of a brand name or equal specification
				is in the State's best interest.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1500 - OFFICE OF THE GOVERNOR PROCUREMENT RULES › Subpart I - CONTRACT TYPE › Section 1500.2055 - Types of Contracts

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Scope
This Section contains descriptions of types of contracts and
				  limitations as to when they should be utilized by the State in its
				  procurements. Types of contracts not mentioned in this Section may also be
				  utilized.
b) Prohibition of
				Cost-Plus-a-Percentage-of-Cost Contracting
The cost-plus-a-percentage-of-cost contract is prohibited by
				  Section 20-55 of the Illinois Procurement Code. This type of contracting may
				  not be used alone or in conjunction with an authorized type of contract. A
				  cost-plus-percentage-of-cost contract is one in which the vendor selects the
				  supply or service on which the vendor's percentage is applied.
1) A percentage mark-up from an agreed price
				list is not a cost-plus-a-percentage-of-cost contract.
2) A percentage mark-up from the price of a
				supply or service selected by the State or another vendor under contract to the
				State is not a cost-plus-a-percentage-of-cost contract.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1500 - OFFICE OF THE GOVERNOR PROCUREMENT RULES › Subpart J - DURATION OF CONTRACTS › Section 1500.2060 - Duration of Contracts - General

Current through Register Vol. 48, No. 28, July 12, 2024
a) General
1) A multi-term contract for a term of up to
				10 years is authorized when determined by the Procurement Officer to be in the
				best interest of the State.
2) The
				length of the payment term of bonds issued by or on behalf of a State agency
				shall be limited as provided in the statute authorizing the issuance of the
				bonds.
3) A software license may
				have a term longer than 10 years, including for a perpetual term, provided the
				payment term is limited to no more than 10 years.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1500 - OFFICE OF THE GOVERNOR PROCUREMENT RULES › Subpart K - CONTRACT MATTERS › Section 1500.2560 - Prevailing Wage

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				For the following classifications and if competition exists, no bidder will be
				awarded a contract unless its employees are paid wages and benefits and are
				working under conditions prevalent in the location where the work is to be
				performed.
1) Public works
2) Printing
3) Janitorial services, window washing and
				security guard services having a monthly contract price of at least $200 or a
				yearly price of at least $2,000.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1500 - OFFICE OF THE GOVERNOR PROCUREMENT RULES › Subpart K - CONTRACT MATTERS › Section 1500.2570 - Equal Employment Opportunity; Affirmative Action

Current through Register Vol. 48, No. 28, July 12, 2024
a) Public Contracts. Every party to a public
				contract and every eligible bidder shall:
1)
				Refrain from unlawful discrimination and discrimination based on citizenship
				status in employment and undertake affirmative action to assure equality of
				employment opportunity and eliminate the effects of past
				discrimination;
2) Comply with the
				procedures and requirements of the Department of Human Rights (DHR) regulations
				concerning equal employment opportunities and affirmative action;
3) Provide such information, with respect to
				its employees and applicants for employment, and assistance as DHR may
				reasonably request;
4) Have written
				sexual harassment policies that shall include, at a minimum, the following
				information:
A) the illegality of sexual
				harassment;
B) the definition of
				sexual harassment under State law;
C) a description of sexual harassment,
				utilizing examples;
D) the vendor's
				internal complaint process, including penalties;
E) the legal recourse, investigative and
				complaint process available through DHR and the Human Rights
				Commission;
F) directions on how to
				contact DHR and the Commission; and
G) protection against retaliation as provided
				by Section 6-101 of the Illinois Human Rights Act (IHRA) [775 ILCS 5 ].
A copy of the policies shall be provided to the Department of
				  Human Rights upon request.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1500 - OFFICE OF THE GOVERNOR PROCUREMENT RULES › Subpart L - CONTRACT PRICING › Section 1500.2800 - All Costs Included

Current through Register Vol. 48, No. 28, July 12, 2024
The IFB or RFP and any resulting contract should define
				  whether prices cover transportation, transit insurance, delivery, installation,
				  taxes, and any other costs.