reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1600 - OFFICE OF THE LT. GOVERNOR'S PROCUREMENT RULES › Subpart E - SOURCE SELECTION AND CONTRACT FORMATION › Section 1600.2037 - 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
				1600.4510
				(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 1600 - OFFICE OF THE LT. GOVERNOR'S PROCUREMENT RULES › Subpart E - SOURCE SELECTION AND CONTRACT FORMATION › Section 1600.2038 - 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 1600 - OFFICE OF THE LT. GOVERNOR'S PROCUREMENT RULES › Subpart E - SOURCE SELECTION AND CONTRACT FORMATION › Section 1600.2040 - 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
				OLG no longer requires the supplies or services;
B) the OLG 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 1600 - OFFICE OF THE LT. GOVERNOR'S PROCUREMENT RULES › Subpart F - SUPPLIERS AND RESPONSIBILITY › Section 1600.2043 - Suppliers

Current through Register Vol. 48, No. 28, July 12, 2024
a) The OLG 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 OLG 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 OLG'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 1600 - OFFICE OF THE LT. GOVERNOR'S PROCUREMENT RULES › Subpart F - SUPPLIERS AND RESPONSIBILITY › Section 1600.2045 - 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 are 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 1600 - OFFICE OF THE LT. GOVERNOR'S PROCUREMENT RULES › Subpart G - BID, PROPOSAL AND PERFORMANCE SECURITY › Section 1600.2047 - 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 OLG 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 1600 - OFFICE OF THE LT. GOVERNOR'S PROCUREMENT RULES › Subpart H - SPECIFICATIONS › Section 1600.2050 - Specifications

Current through Register Vol. 48, No. 28, July 12, 2024
a) The OLG 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 1600 - OFFICE OF THE LT. GOVERNOR'S PROCUREMENT RULES › Subpart I - CONTRACT TYPE › Section 1600.2055 - 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 1600 - OFFICE OF THE LT. GOVERNOR'S PROCUREMENT RULES › Subpart J - DURATION OF CONTRACTS › Section 1600.2060 - 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 1600 - OFFICE OF THE LT. GOVERNOR'S PROCUREMENT RULES › Subpart K - CONTRACT MATTERS › Section 1600.2560 - 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 1600 - OFFICE OF THE LT. GOVERNOR'S PROCUREMENT RULES › Subpart K - CONTRACT MATTERS › Section 1600.2570 - 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 1600 - OFFICE OF THE LT. GOVERNOR'S PROCUREMENT RULES › Subpart L - CONTRACT PRICING › Section 1600.2800 - 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.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1600 - OFFICE OF THE LT. GOVERNOR'S PROCUREMENT RULES › Subpart M - PREFERENCES › Section 1600.4505 - Procurement Preferences

Current through Register Vol. 48, No. 28, July 12, 2024
The procurement preferences identified in Article 45 of the
				  Code must be considered in developing procurement documents, conducting
				  evaluations and drafting contracts. When any such preference is utilized, the
				  Invitation for Bids, Request for Proposals, or other procurement request shall
				  identify the preference and the conditions associated with such use. Subsequent
				  Sections of this Subpart M identify conditions for the use of certain of the
				  statutory preferences.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1600 - OFFICE OF THE LT. GOVERNOR'S PROCUREMENT RULES › Subpart M - PREFERENCES › Section 1600.4510 - Resident Bidder Preference

Current through Register Vol. 48, No. 28, July 12, 2024
a) "Illinois resident vendor" as used in this
				Section means a person authorized to transact business in this State and having
				a bona fide establishment for transacting business within this State at which
				it was actually transacting business on the date when any competitive
				solicitation for a public contract was first advertised or announced, including
				a foreign corporation duly authorized to transact business in this State that
				has a bona fide establishment for transacting business within this State at
				which it was actually transacting business on the date when any competitive
				solicitation for a public contract was first advertised or announced.
b) In breaking a tie, an Illinois resident
				vendor shall be given the award.
c)
				In all procurements involving out-of-state vendors, the CPO shall consult a
				list of states with in-state preference that shall be maintained by
				CMS.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1600 - OFFICE OF THE LT. GOVERNOR'S PROCUREMENT RULES › Subpart M - PREFERENCES › Section 1600.4530 - Correctional Industries

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The CPO shall consult a listing, maintained by CMS, of supplies or services
				available from the Department of Corrections.
b) Procurement Officers are authorized to
				procure from Corrections without seeking competition or giving public
				notice.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1600 - OFFICE OF THE LT. GOVERNOR'S PROCUREMENT RULES › Subpart M - PREFERENCES › Section 1600.4535 - Sheltered Workshops for the Disabled

Current through Register Vol. 48, No. 28, July 12, 2024
a) Use of Sheltered Workshop
The Procurement Officer may determine to contract with a
				  sheltered workshop on the list maintained by CMS, and may do so without notice
				  or competition.
b)
				Conditions for Use
The CPO shall, in consultation with the State Use Committee
				  created by the Code (Section 45-35), determine which articles, materials,
				  services, food stuffs and supplies that are produced or manufactured by persons
				  with disabilities in State use sheltered workshops shall be given preference by
				  purchasing agencies procuring those items. The CPO shall use procedures
				  established by CMS for implementing this Section.
c) Sheltered Workshop List
The CPO shall use the list of all qualified sheltered
				  workshops and the supplies and services each qualified sheltered workshop
				  provides, which is maintained by CMS.
d) Pricing Approval
1) While notice and competition is not
				required prior to contracting with a sheltered workshop, prices must be
				reasonable. Whether a price is reasonable will be determined based upon current
				market prices, historical prices, prices received by other State agencies for
				similar supplies or services, the policy of the Code to promote procurements
				from sheltered workshops, and other such relevant factors.
2) The State Use Committee, established under
				Section 45-35 of the Code, must approve contracts for reasonableness of price
				if:
A) the supply or service would ordinarily
				be subject to competitive sealed bidding or competitive sealed proposals
				methods of source selection; or
B)
				the supply or service is bid and the sheltered workshop is selected even though
				not the lowest responsible bidder.
3) State Use Committee approval is not
				required if:
A) the contract does not exceed
				the bid limit set in Section
				1600.2020 of this
				Part and no bidding was conducted; or
B) the contract is let to the sheltered
				workshop under a competitive procedure.
4) When Committee approval is required, it
				will be given or denied in an expeditious manner so as not to disrupt
				procurement activities. Consideration will be at regularly scheduled meetings
				or through special telephone meetings conducted between regular
				meetings.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1600 - OFFICE OF THE LT. GOVERNOR'S PROCUREMENT RULES › Subpart M - PREFERENCES › Section 1600.4570 - Contracting with Businesses Owned and Controlled by Minorities, Females and Persons with Disabilities

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Introduction
The Business Enterprise Act for Minorities, Females, and
				  Persons with Disabilities [30 ILCS 575 ] (Act) sets a goal (minimum 12%) for
				  contracting with businesses owned or controlled by minorities, females, or
				  persons with disabilities.
b) Upon direction of the CPO, the OLG may
				establish set-asides and other such preferences for vendors certified under
				that Act.
c) Certification
Certification procedures are set forth in rules governing the
				  Business Enterprise Act (44 Ill. Adm. Code 10).
d) The CPO may refer to the list of
				businesses that have been certified and maintained by CMS.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1600 - OFFICE OF THE LT. GOVERNOR'S PROCUREMENT RULES › Subpart N - ETHICS › Section 1600.5013 - Conflicts of Interest

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				This Section does not apply to those elected to local government, including
				school districts, nor does it apply to those elected to federal offices in this
				State. This Section does apply to those elected to an office of Illinois State
				government.
b) An individual has a
				direct pecuniary interest in a contract when the individual is owed a payment
				or otherwise receives a direct financial benefit in conjunction with
				performance of a contract, including finders fees and commission
				payments.
c) Distributable income
				means the income of a company after payment of all expenses, including employee
				salary and bonus, and retained earnings, which is distributed to those entitled
				to receive a share of such income. In the case of a for-profit corporation,
				distributable income means "dividends". When calculating entitlement to
				distributable income the entitlement shall be determined at the end of the
				company's most recent fiscal year.
d) This Section does not apply to contracts
				with licensed professionals provided such contracts are competitively bid. For
				purposes of this Section, "bid" means procured pursuant to the competitive
				procedures identified in Subpart E of this Part.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1600 - OFFICE OF THE LT. GOVERNOR'S PROCUREMENT RULES › Subpart N - ETHICS › Section 1600.5015 - Negotiations for Future Employment

Current through Register Vol. 48, No. 28, July 12, 2024
a) It is unlawful for any person employed in
				or on a continual contractual relationship with any of the offices or agencies
				of State government to participate in contract negotiations on behalf of that
				office or agency with any firm, partnership, association, or corporation with
				whom that person has a contract for future employment or is negotiating
				concerning possible future employment. [30 ILCS
				500/50-15(a) ]
b) An individual who performs services
				pursuant to a contract and who meets the requirements of an "employee" as
				opposed to an independent contractor is in a "continued contractual
				relationship" from the effective date of the contract until such time as the
				contract is terminated.
c) An
				individual who performs services pursuant to a contract and who meets the
				requirements of an "independent contractor" as opposed to an "employee" is in a
				"continued contractual relationship" if the contract term is indefinite, is
				automatically renewed, is renewable at the individual's option, is renewable
				unless the State must act to terminate, or has a definite term of at least
				three months.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1600 - OFFICE OF THE LT. GOVERNOR'S PROCUREMENT RULES › Subpart N - ETHICS › Section 1600.5020 - Exemptions

Current through Register Vol. 48, No. 28, July 12, 2024
If the Procurement Officer finds a conflict of interest under
				  Section 50-13 of the Code with the vendor selected for award or contract
				  negotiations, the Procurement Officer, if other than the CPO, shall forward to
				  the CPO the name of the vendor and a description of the proposed contract and
				  of the potential conflict, and shall state why an exemption should be granted.
				  The CPO shall submit the files to the Board of Ethics for its determination and
				  with the approval of the CPO, the Board of Ethics may exempt named individuals
				  from the prohibitions of Section 50-13 of the Code when, in its judgment, the
				  public interest in having the individual in the service of the State outweighs
				  the public policy evidenced in that Section [30 ILCS
				  500/50-20 ].
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1600 - OFFICE OF THE LT. GOVERNOR'S PROCUREMENT RULES › Subpart N - ETHICS › Section 1600.5030 - Revolving Door

Current through Register Vol. 48, No. 28, July 12, 2024
Effective January 15, 1999, the CPO shall identify in writing
				  the designees whose jobs or whose position descriptions, are at least 51%
				  directly related to State procurement. The following activities are directly
				  related to State procurement: drafting specifications, preparing Invitations
				  for Bids and Requests for Proposals, evaluating responses to Invitations for
				  Bids and Requests for Proposals, negotiating contracts and supervising any of
				  the foregoing. The CPO shall maintain that information for a period of at least
				  two years following the end or revocation of the designation.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1600 - OFFICE OF THE LT. GOVERNOR'S PROCUREMENT RULES › Subpart N - ETHICS › Section 1600.5035 - Disclosure of Financial Interests and Potential Conflicts of Interest

Current through Register Vol. 48, No. 28, July 12, 2024
a) For purposes of
				Section 50-35(a) of the Code, an "offer from responsive bidders or offerors"
				means only those offers that are received using an Invitation for Bids or
				Request for Proposals under Sections 20-10, 20-15 and 20-35 or Article 35 of
				the Code. Disclosures are not required in small, sole source or emergency
				procurements.
b) For purposes of:
1) Section 50-35(b) of the Code, "parent
				entity" means a person who owns 100% of the bidding entity.
2) Section 50-35(b)(1) of the Code,
				"contractual employment of services" means any contract to provide services to
				the State, whether as independent contractor or employee, that is by and
				between the State and the named individual.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1600 - OFFICE OF THE LT. GOVERNOR'S PROCUREMENT RULES › Subpart O - COMPLAINTS, PROTESTS AND REMEDIES › Section 1600.5510 - Complaints Against Vendors

Current through Register Vol. 48, No. 28, July 12, 2024
a) The purpose of this Section is to document
				performance of vendors.
b) Whenever
				a vendor fails to meet contract requirements, including but not limited to
				failure to deliver on time or meet specifications, the OLG shall take
				appropriate action to initiate a complaint to the vendor.
c) For relatively minor infractions, the OLG
				may initiate contact by telephone or in person. If not resolved by this action,
				a written complaint shall be made.
d) For other infractions, the OLG shall send
				a written complaint to the vendor detailing the problem.
e) A copy of all written complaints and the
				resolution or status shall be filed with CMS.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1600 - OFFICE OF THE LT. GOVERNOR'S PROCUREMENT RULES › Subpart O - COMPLAINTS, PROTESTS AND REMEDIES › Section 1600.5520 - Suspension

Current through Register Vol. 48, No. 28, July 12, 2024
The OLG may recommend to CMS that a vendor be suspended from
				  doing business with the State, with one or more agencies, or for specific types
				  of supplies or services. Suspensions will be governed by 1 Ill. Adm. Code
				  1.5510
				  through
				  1.5550.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1600 - OFFICE OF THE LT. GOVERNOR'S PROCUREMENT RULES › Subpart O - COMPLAINTS, PROTESTS AND REMEDIES › Section 1600.5530 - Resolution of Contract Controversies

Current through Register Vol. 48, No. 28, July 12, 2024
a) Authority to Resolve Controversies
The Procurement Officer shall have authority to resolve
				  controversies.
b) Authority
				of the OLG
The OLG has the authority to accept delivery of supplies or
				  services in accordance with contract requirements as satisfactory adjustment of
				  a complaint.
c)
				Substitution of Terms/Price Reduction
If the vendor proposes to make an adjustment by:
1) substituting an alternative specification,
				or
2) reducing the contract price
				by a certain amount to compensate for some failure to provide full performance
				under the contract,
such proposal must be referred to and approved by the
				  Procurement Officer.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1600 - OFFICE OF THE LT. GOVERNOR'S PROCUREMENT RULES › Subpart O - COMPLAINTS, PROTESTS AND REMEDIES › Section 1600.5540 - Violation of Statute or Rule

Current through Register Vol. 48, No. 28, July 12, 2024
a) Determination that Solicitation or Award
				Violates Law
If the Purchasing Officer finds that the solicitation or
				  proposed award is in violation of statute or rule, the Purchasing Officer may
				  cancel the solicitation or proposed award, or make modifications to correct the
				  violation, if such correction may be legally accomplished.
b) Determination that Contract Violates the
				Code or this Part
Contracts based on awards or solicitations that were in
				  violation of law shall be terminated at no cost to the OLG unless statute or
				  rule allows the OLG to modify, ratify or take other corrective action.
c) Effect of Declaring a Contract
				Null and Void
In all cases in which a contract is voided, the OLG shall
				  endeavor to return those supplies delivered under the contract that have not
				  been used or distributed. No further payments shall be made under the
				  contract.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1600 - OFFICE OF THE LT. GOVERNOR'S PROCUREMENT RULES › Subpart O - COMPLAINTS, PROTESTS AND REMEDIES › Section 1600.5550 - Protests

Current through Register Vol. 48, No. 28, July 12, 2024
a) Protest Resolution
				by the Procurement Officer
An actual or prospective bidder, offeror, or vendor that may
				  be aggrieved in connection with a procurement may file a protest on any phase
				  of solicitation or award, including but not limited to specifications
				  preparation, bid solicitation, or award.
b) Complaint to Procurement Officer
Complainants should seek resolution of their complaints
				  initially with the office that issued the solicitation. Such complaints may be
				  made verbally or in writing.
c) Filing of Protest
1) Protests shall be made in writing to the
				Procurement Officer, if applicable, and shall be filed within 7 calendar days
				after the protester knows or should have known of the facts giving rise to the
				protest. A protest is considered filed when physically received by the
				Procurement Officer. Protests filed after the 7 calendar day period shall not
				be considered. In regard to a protest regarding specifications, the protest
				must be received within 7 calendar days after the date the solicitation was
				issued, and in any event must be received by the OLG at the designated address
				before the date for opening of bids or proposals.
2) To expedite handling of protests, the
				envelope should be labeled "Protest". The written protest shall include as a
				minimum the following:
A) the name and address
				of the protester;
B) appropriate
				identification of the procurement and, if a contract has been awarded, its
				number;
C) a statement of reasons
				for the protest; and
D) supporting
				exhibits, evidence, or documents to substantiate any claims unless not
				available within the filing time, in which case the expected availability date
				shall be indicated.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1600 - OFFICE OF THE LT. GOVERNOR'S PROCUREMENT RULES › Subpart P - GOVERNMENTAL JOINT PURCHASING › Section 1600.6500 - General

Current through Register Vol. 48, No. 28, July 12, 2024
In an effort to make the procurement process more efficient,
				  OLG and other governmental units (including not-for-profit entities authorized
				  by law to participate in joint purchasing) may agree to utilize each others'
				  procurement contracts. This authority is governed by this Subpart and the
				  Governmental Joint Purchasing Act [30 ILCS 525 ]. Only the CPO may enter into
				  contracts under the Act when the OLG is a party to the
				  contract.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1600 - OFFICE OF THE LT. GOVERNOR'S PROCUREMENT RULES › Subpart P - GOVERNMENTAL JOINT PURCHASING › Section 1600.6510 - No Agency Relationship

Current through Register Vol. 48, No. 28, July 12, 2024
In any joint procurement situation, the other governmental
				  unit must issue its own purchase order, accept its own deliveries and make its
				  own payments. The State of Illinois shall have no obligation to the vendor for
				  payment of orders placed by other governmental units.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1600 - OFFICE OF THE LT. GOVERNOR'S PROCUREMENT RULES › Subpart P - GOVERNMENTAL JOINT PURCHASING › Section 1600.6520 - Obligations of Participating Governmental Units

Current through Register Vol. 48, No. 28, July 12, 2024
If governmental units determine to use contracts established
				  by the OLG or by CMS on behalf of the OLG, they must:
a) provide to the CPO a copy of the ordinance
				or resolution passed by the governing body of the governmental unit giving
				authority to make purchases from contracts issued by the State of
				Illinois;
b) make all purchases
				under the State contracts for public use only and specifically prohibit
				personal use or consumption by any individual, public employee or
				official;
c) make payment to the
				vendor within 30 days after receipt of supplies or services;
d) place orders with the supplier directly
				using their own purchase order forms. A copy of the purchase order must also be
				sent to the CPO. This copy will be used for statistical purposes and will serve
				as notice that the governmental unit has complied with the bid
				action;
e) inspect all items
				immediately for compliance with the contract specifications and report to the
				CPO any failure of suppliers to comply with contract requirements;
				and
f) attempt to resolve disputes
				with the vendor before involving the CPO.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1600 - OFFICE OF THE LT. GOVERNOR'S PROCUREMENT RULES › Subpart Q - MISCELLANEOUS PROVISIONS OF GENERAL APPLICABILITY › Section 1600.7000 - Severability

Current through Register Vol. 48, No. 28, July 12, 2024
If any provision of this Part or any application thereof is
				  held invalid, such invalidity shall not affect other provisions or applications
				  of this Part that can be given effect without such invalid provision or
				  application.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1600 - OFFICE OF THE LT. GOVERNOR'S PROCUREMENT RULES › Subpart Q - MISCELLANEOUS PROVISIONS OF GENERAL APPLICABILITY › Section 1600.7010 - Government Furnished Property

Current through Register Vol. 48, No. 28, July 12, 2024
If the OLG provides any property to the vendor in furtherance
				  of the contract, such property shall remain the property of the State but may
				  be consumed by the vendor if necessary to complete the contract. Vendor will
				  issue a receipt for the property and will be responsible for its safekeeping
				  and for return of unused property to the State.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1600 - OFFICE OF THE LT. GOVERNOR'S PROCUREMENT RULES › Subpart Q - MISCELLANEOUS PROVISIONS OF GENERAL APPLICABILITY › Section 1600.7015 - Inspections

Current through Register Vol. 48, No. 28, July 12, 2024
a) Inspection of Plant
				or Site
The OLG may enter, or authorize CMS to enter, a vendor's or
				  subcontractor's plant or place of business to:
1) inspect supplies or services for
				acceptance by the State pursuant to the terms of a contract;
2) audit the books and records of any vendor
				or subcontractor pursuant to Section
				1600.7020
				(Records and Audits) of this Part;
3) investigate an action to debar or suspend
				a person from consideration for award of contracts pursuant to the
				Code;
4) determine whether the
				standards of responsibility have been met or are capable of being
				met;
5) determine if the contract
				is being performed in accordance with its terms; and
6) accomplish any other purpose permitted by
				law.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1600 - OFFICE OF THE LT. GOVERNOR'S PROCUREMENT RULES › Subpart Q - MISCELLANEOUS PROVISIONS OF GENERAL APPLICABILITY › Section 1600.7020 - Records and Audits

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Retention of Books and Records
Books and records that relate to performance of a contract,
				  including subcontracts, and that support amounts charged to the OLG, shall be
				  maintained:
1) by a vendor, for three
				years from the date of final payment under the prime contract;
2) by a subcontractor, for at least three
				years from the date of final payment under the subcontract; and
3) by a vendor and subcontractor for such
				longer period of time as is necessary to complete ongoing or announced
				audits.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1600 - OFFICE OF THE LT. GOVERNOR'S PROCUREMENT RULES › Subpart Q - MISCELLANEOUS PROVISIONS OF GENERAL APPLICABILITY › Section 1600.7025 - Written Determinations

Current through Register Vol. 48, No. 28, July 12, 2024
a) Preparation and Execution
When the Code or this Part requires a written determination,
				  the officer required to prepare the determination may delegate its preparation,
				  but the responsibility for and the execution of the determination shall not be
				  delegated.
b) Content
Each written determination shall set out sufficient facts,
				  circumstances, and reasoning as will substantiate the specific determination
				  that is made.
c) Obtaining
				Supporting Information
While an officer is responsible for the execution of the
				  written determination, other State personnel, particularly technical personnel
				  and appropriate personnel in the purchasing agency, are responsible for
				  furnishing to the cognizant official, in an accurate and adequate fashion, the
				  information pertinent to the determination. When requested, such information
				  shall be furnished in writing to the cognizant official who shall have the
				  authority to decide the final form and content of the determination and to
				  resolve any questions or conflicts arising with respect to the
				  determination.
d) Forms the
				CPO is authorized to prescribe methods and operational procedures to be used in
				preparing written determinations.
e) Retention
Each written determination shall be filed in the solicitation
				  or contract file to which it applies, shall be retained as part of such file
				  for so long as the file is required to be maintained, and, except as otherwise
				  provided by statute or rule, shall be open to public
				  inspection.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1600 - OFFICE OF THE LT. GOVERNOR'S PROCUREMENT RULES › Subpart Q - MISCELLANEOUS PROVISIONS OF GENERAL APPLICABILITY › Section 1600.7030 - No Waiver of Sovereign Immunity

Current through Register Vol. 48, No. 28, July 12, 2024
Nothing in this Part shall be deemed to be a waiver of
				  sovereign immunity.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 2000 - SECRETARY OF STATE STANDARD PROCUREMENT › Subpart A - GENERAL › Section 2000.05 - Policy

Current through Register Vol. 48, No. 28, July 12, 2024
All procurements for the Office of the Secretary of State
				  (SOS) 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 2000 - SECRETARY OF STATE STANDARD PROCUREMENT › Subpart A - GENERAL › Section 2000.08 - Illinois Procurement Code

Current through Register Vol. 48, No. 28, July 12, 2024
Articles 1, 15, 20, 25, 30, 33, 35, 40, 43, 45, 50 and 53 of
				  the Illinois Procurement Code [30 ILCS 500 /Arts. 1, 15, 20, 25, 30, 33, 35,
				  40, 43, 45, 50 and 53] (the Code) will be referenced in this Part. The
				  Secretary of State shall procure its needs in a manner substantially in
				  accordance with the requirements of the Code and shall promulgate rules no less
				  restrictive than the requirements of the Code. [30
				  ILCS 500/1-30(a) ] For purposes of
				  this Part, any reference in the Code or this Part to the Chief Procurement
				  Officer (CPO) means the employee designated by the Secretary of State to serve
				  in that capacity. The Secretary of State may appoint one or more State
				  Purchasing Officers (SPOs).