reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1400 - PROCUREMENT › Subpart E - GENERAL PROCUREMENT GUIDELINES › Section 1400.2515 - Correction or Withdrawal of Proposals

Current through Register Vol. 48, No. 28, July 12, 2024
a) General
Corrections to bids, proposals or responses are allowed, but
				  only to the extent correction is not prejudicial to the interest of the State
				  or fair competition as determined by the Chief Procurement Officer. Withdrawals
				  of proposals are allowed as provided in this Section.
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 Chief Procurement Officer knows or has reason to
				  conclude that a mistake has been made, the officer should 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
				  in the bid, proposal or response, it may be corrected or withdrawn if the
				  conditions in this Section, as applicable, are met.
d) Mistakes Discovered After Opening but
				Before Award
1) Minor Mistakes. A minor
				mistake is one that is a matter of form or pertains to some immaterial or
				inconsequential defect or variation of a bid, proposal or response from the
				exact requirement of the solicitation, the correction or waiver of which would
				not be prejudicial to the State. The Chief Procurement Officer shall waive
				minor mistakes or allow the offeror to correct them depending on which is in
				the best interest of the State. Minor mistakes include insignificant mistakes
				where the effect on price, quantity, quality, delivery or contractual
				conditions is negligible. Examples of minor mistakes as to form include the
				failure of an offeror to:
A) return the
				number of signed bids, proposals or responses required by the
				solicitation;
B) sign the bid,
				proposal or response, but only if the unsigned bid, proposal or response is
				accompanied by other material indicating the offeror's intent to be bound,
				including but not limited to signature on an auxiliary form, submission of a
				guarantee or submission of a signed transmittal letter; or
C) acknowledge receipt of an amendment to the
				solicitation, but only if:
i) it is clear
				from the bid, proposal or response that the offeror 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 1400 - PROCUREMENT › Subpart E - GENERAL PROCUREMENT GUIDELINES › Section 1400.2520 - Cancellation of Solicitations and Rejection of Offers

Current through Register Vol. 48, No. 28, July 12, 2024
a) Policy
Any solicitation may be cancelled without penalty, and any or
				  all bids, proposals or responses may be rejected in whole or in part, when the
				  Chief Procurement Officer determines in writing that cancellation is in the
				  State's best interest.
b)
				Notice, Publication and Documentation
When a solicitation is cancelled or the offers are rejected,
				  notice of the cancellation or rejection will be promptly provided to all
				  affected vendors, published as provided in Section
				  1400.1505, and made
				  part of the procurement file.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1400 - PROCUREMENT › Subpart E - GENERAL PROCUREMENT GUIDELINES › Section 1400.2525 - Multiple Awards

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Policy
When determined by the Chief Procurement Officer to be in the
				  best interest of the State, the Treasurer's office may make multiple awards
				  under any solicitation.
b)
				Specific Goods and Services Following Multiple Awards
Subject to this subsection, specific goods and services may
				  be purchased following multiple awards:
1) When the solicitation identified the
				specific good or service sought but led to multiple awardees, the specific good
				or service may be procured from the lowest bidder or best qualified proposer
				with whom relevant terms can be successfully negotiated.
2) When the solicitation did not list the
				specific good or service sought but led to multiple awards to vendors similarly
				qualified to provide the good or service, the specific good or service may be
				purchased from one of the multiple awardees; provided, however, that for the
				purchase of that good or service:
A) the
				Chief Procurement Officer shall maximize competition among the multiple
				awardees;
B) the determination
				shall allow for additional competition when the original solicitation produced
				insufficient information on the awardees' pricing for, or abilities to provide,
				the specific good or service sought; and
C) following any such competition, the Chief
				Procurement Officer shall award to the lowest bidder or best qualified proposer
				with whom relevant terms can be successfully negotiated.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1400 - PROCUREMENT › Subpart F - SPECIFICATIONS AND SECURITY REQUIREMENTS › Section 1400.3010 - Security Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The Chief Procurement Officer may require that a vendor furnish bid, proposal,
				or performance security on any contract.
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 Chief
				Procurement Officer shall determine the amount, in dollars or percentage of
				contract price, that adequately protects the State's interests.
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 other similar
				reasons.
e) The Treasurer's office
				may require a bid or proposal security or a performance security on any
				contract.
f) A vendor may submit a
				single or continuous security each year that will be applicable on all
				contracts of the Treasurer's office. When a security is obligated in an amount
				equal to the sum of accumulated security requirements, additional security must
				be submitted for any new contract awarded.
g) 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 1400 - PROCUREMENT › Subpart G - CONTRACTS › Section 1400.3505 - Types of Contracts

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				General
The Chief Legal Counsel shall determine the general form of
				  all contracts. Subject to the limitations of this Section, the Chief Legal
				  Counsel may use any type of contract that promotes the best interest of the
				  State.
b) Prohibitions and
				Limitation
Cost-plus-a-percentage-of-cost contracts are prohibited.
				  Cost-reimbursement contracts may only be used when the Chief Procurement
				  Officer makes a written determination that a cost-reimbursement contract is
				  likely to be less costly to the State than any other type or that it is
				  impracticable to obtain the item except under that type of
				  contract.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1400 - PROCUREMENT › Subpart G - CONTRACTS › Section 1400.3510 - Duration of Contracts

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				General
1) A multi-year contract for a term
				up to 10 years is authorized when it is in the best interest of the
				State.
2) A license agreement or
				other agreement may have a term longer than 10 years, including 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 1400 - PROCUREMENT › Subpart G - CONTRACTS › Section 1400.3515 - Contract Pricing

Current through Register Vol. 48, No. 28, July 12, 2024
Unless otherwise allowed by the solicitation, prices quoted
				  will be all-inclusive covering transportation, transit insurance, delivery,
				  installation, taxes, and any other costs.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1400 - PROCUREMENT › Subpart G - CONTRACTS › Section 1400.3520 - Contract Provisions

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Mandatory Provisions
The following provisions are required for all contracts
				  entered into by the Treasurer's office, in addition to the requirements of
				  State and federal law and the regulations of the Office of the
				  Comptroller:
1) Subcontractors. Any
				contract granted hereunder must state whether the services of a subcontractor
				will be used. The contract must require the disclosure in writing of the names
				and address of each subcontractor having a subcontract with an annual value of
				more than $50,000, the general type of work to be performed by each
				subcontractor, and the expected amount of money each will receive under the
				contract. The contractor will be required to get approval from the Chief
				Procurement Officer prior to adding or changing subcontractors.
A
				subcontractor, or contractor on behalf of a subcontractor, may identify
				information that is deemed proprietary or confidential. If the Chief
				Procurement Officer determines the information is not relevant to the primary
				contract, the Chief Procurement Officer may excuse the inclusion of the
				information. If the Chief Procurement Officer determines the information is
				proprietary or could harm the business interest of the subcontractor, the Chief
				Procurement Officer may, in his or her discretion, redact the information.
				Redacted information shall not become part of the public record.
[30 ILCS
				500/20-120(a) ]
2) Subject to Appropriation. All leases must
				recite that they are subject to termination and cancellation in any year for
				which the General Assembly fails to make an appropriation to make payments
				under the terms of the lease.
3)
				Right to Audit Books and Records
A)
Maintenance of books and records. Every contract and subcontract shall
				require the contractor or subcontractor, as applicable, to maintain books and
				records relating to the performance of the contract or subcontract and
				necessary to support amounts charged to the State under the contract or
				subcontract. The books and records shall be maintained by the contractor or
				subcontractor for a period of
at least
3 years from the later
				of the date of final payment under the contract or completion of the contract
				or subcontract and thatperiod shall be extended for the duration of any audit
				in progress at the time of that period's expiration.
[30 ILCS
				500/20-65(a) ]
B)
Audit. Every contract and
				subcontract shall provide that all books and records required to be maintained
				under subsection (a) shall be available for review and audit by the Auditor
				General and
the Treasurer's office.
Every contract and
				subcontract shall
require the contractor and subcontractor, as
				applicable, to cooperate fully with any audit.
[30 ILCS
				500/20-65(b) ]
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1400 - PROCUREMENT › Subpart G - CONTRACTS › Section 1400.3525 - Prevailing Wage Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) Applicability
All services, as defined in subsection (b), furnished under
				  service contracts of $2,000 or more or $200 or more per month and under
				  printing contracts are subject to the following prevailing wage
				  requirements:
1)
Not less than
				the general prevailing wage rate of hourly wages for work of a similar
				character in the locality in which the work is
				produced
shall
be paid by the
				successful
vendor
to its employees who perform the work on the
				State contracts.
2)
The offeror, in order to be considered to be a responsible offeror for
				the purposes of this
Part,
shall
certify to
				the Treasurer's office that wages to be paid to its employees are no less, and
				fringe benefits and working conditions of employees are not less favorable,
				than those prevailing in the locality where the contract is to be
				performed.
3)
Prevailing wages and working conditions shall
				be
determined by the Director of the Illinois Department of
				Labor.
[30 ILCS
				500/25-60 ]
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1400 - PROCUREMENT › Subpart H - DISPUTES, PROTESTS AND CONTROVERSIES › Section 1400.4005 - Disputes and Protests Regarding Solicitations and Awards

Current through Register Vol. 48, No. 28, July 12, 2024
a) Procedures
Any person may submit a written protest related to the notice
				  of the procurement, the solicitation document, any pre-bid/proposal meeting and
				  any decision to reject a late bid or proposal. Any person who has submitted a
				  bid or proposal may submit a written protest to a decision to reject the
				  person's bid or proposal or to award to another person. In regard to the
				  solicitation notice or solicitation document, including specifications, a
				  protest must be received within 14 calendar days after the date the
				  solicitation was posted to the Treasurer's Web Site and must be received by the
				  Chief Procurement Officer before the date for opening bids or proposals. In
				  regard to rejection of individual bids or proposals or awards, the protest must
				  be received by close of business no later than 14 calendar days after the
				  protesting party knows, or should have known, of the facts giving rise to the
				  protest to ensure consideration and, in any event, must be received before
				  execution of the applicable contract. Any notice posted to the Treasurer's Web
				  Site establishes the "known or should have known" date for the subject matter
				  of the notice. The protesting party may be required to provide additional
				  information to the Treasurer's office in order to process the dispute or
				  protest. If the Chief Procurement Officer is unable to resolve the issue in a
				  timely manner, then it will be referred to the Procurement Review Board for a
				  final determination that will be communicated to the protesting party involved
				  in the dispute or protest and made part of the procurement file within 7 days
				  after the referral by the Chief Procurement Officer.
b) Procurement Delays
The investigation of a dispute or protest may cause a delay
				  in the procurement process if deemed necessary by the Chief Procurement
				  Officer. If an action concerning the protest has commenced in court, the Chief
				  Procurement Officer will not act on the protest but will refer the protest to
				  the Attorney General, unless the court requests, expects, or otherwise
				  expresses interest in the decision of the Chief Procurement
				  Officer.
c) Stay or
				Withdrawal of Award
An award may be stayed or withdrawn by the Chief Procurement
				  Officer if the Procurement Review Board reaches a determination that to do so
				  is necessary in fairness to the other offerors and to protect the interests of
				  the State.
d) Finality of
				Determinations
Except as otherwise provided in this
Part,
determinations made by the Chief Procurement Officer under
				  this
Part
are final and conclusive unless they are clearly
				  erroneous, arbitrary, capricious, or contrary to law
. [30 ILCS
				  500/20-70 ]
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1400 - PROCUREMENT › Subpart H - DISPUTES, PROTESTS AND CONTROVERSIES › Section 1400.4010 - Contract Controversies

Current through Register Vol. 48, No. 28, July 12, 2024
Contract controversies must be promptly referred to the Chief
				  Procurement Officer for resolution. If the Chief Procurement Officer is unable
				  to resolve the controversy, the controversy will be referred to the Chief Legal
				  Counsel who will attempt to resolve the matter. If the Chief Legal Counsel is
				  unable to resolve the matter satisfactorily, and believes that litigation is
				  probable or desirable, he or she may request the Attorney General's assistance
				  in resolving the dispute.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1400 - PROCUREMENT › Subpart H - DISPUTES, PROTESTS AND CONTROVERSIES › Section 1400.4015 - Remedies

Current through Register Vol. 48, No. 28, July 12, 2024
a) In all of the
				following cases the Chief Procurement Officer may, with the approval of the
				Treasurer and subject to the determination of the Chief Legal Counsel under
				subsection (b), terminate or rescind any contract entered into under this Part
				in the event:
1) The successful bidder or
				proposer fails to furnish a satisfactory performance or performance bond within
				the time specified.
2) The vendor
				fails to make delivery at the place or within the time specified in the
				contract or as ordered.
3) Any
				goods or services provided under the contract are:
A) rejected (for not meeting the
				specification, not conforming to sample, or not being in good condition when
				delivered) and are not promptly replaced or corrected by the vendor;
				or
B) repeatedly rejected, even
				though the vendor offers to replace or correct the goods or services
				promptly.
4) There is
				sufficient evidence to show that the contract was obtained by fraud, collusion,
				conspiracy or other unlawful means.
5) The vendor is guilty of misrepresentation
				in connection with another contract for the sale of goods or services to the
				State.
6) The vendor is insolvent,
				is the subject of a bankruptcy filing, is adjudged bankrupt, or enters into a
				general assignment for the benefit of his or her creditors or receivership due
				to insolvency.
7) The vendor
				disregards laws and ordinances, rules or instructions of a contracting officer
				or acts in violation of any provision of the contract or this Part, or the
				contract conflicts with any statutory or constitutional provision of the State
				of Illinois or of the United States.
8) Any other material breach of contract or
				other unlawful act by the vendor occurs.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1400 - PROCUREMENT › Subpart H - DISPUTES, PROTESTS AND CONTROVERSIES › Section 1400.4020 - Suspension

Current through Register Vol. 48, No. 28, July 12, 2024
a) This Section applies
				to all suspensions of vendors from consideration for award of
				contracts.
b) The Chief Procurement
				Officer may suspend a vendor from doing business with the Treasurer's office
				for all or specific types of supplies or services. A suspension may be issued
				upon a determination by the Chief Procurement Officer that the vendor violated
				this Part or failed to conform to specifications or terms of
				delivery.
c) When the Chief
				Procurement Officer determines that cause exists for suspension, a notice of
				suspension, including a copy of the determination, must be sent to the
				suspended vendor. Bids, proposals and responses will not be solicited from the
				suspended vendor, and, if they are received, they will not be considered during
				the period of suspension.
d) A
				contractor may be suspended for any period of time commensurate with the
				seriousness of the offense. A suspension may be for an indefinite period of
				time subject to demonstration by the contractor that the suspension in no
				longer necessary.
e) The suspension
				will be effective within seven calendar days after receipt of notice unless an
				objection is filed. If an objection were filed, the suspension would not become
				effective until the evaluation of the objection by the Chief Procurement
				Officer is completed.
f) The
				Treasurer's office may consider suspensions and debarments by other State
				agencies and may choose to not solicit or accept bids, proposals and responses
				from vendors on another agency's list of suspensions and debarments during the
				period of suspension or debarment.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1400 - PROCUREMENT › Subpart I - PREFERENCES › Section 1400.4505 - Procurement Preferences

Current through Register Vol. 48, No. 28, July 12, 2024
The procurement preferences identified in this Subpart must
				  be considered in developing procurement documents, conducting evaluations and
				  drafting contracts Any preferences applicable to an individual procurement will
				  be stated in the solicitation for that procurement.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1400 - PROCUREMENT › Subpart I - PREFERENCES › Section 1400.4510 - Resident Vendor 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 where it was actually
				transacting business on the date when any
competitive solicitation
for a public contract is 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 where it
				was actually transacting business on the date when any
competitive
				solicitation
for a public contract is first advertised or
				announced.
[30 ILCS
				500/45-10(b) ]
b) In breaking a tie bid or proposal, as
				described in Section 1400.2510, an Illinois resident
				vendor shall be given the award.
c)
				An Illinois resident vendor shall be allowed a preference over a non-resident
				vendor equal to any in-state vendor given or required by the state of the
				non-resident vendor.
d) If only
				non-resident bidders are bidding, the purchasing agency has the right to
				specify that Illinois labor and manufacturing locations be used as part of the
				manufacturing process. This specification may be negotiated as part of the
				solicitation process.
e)
This Section does not apply to any contract for any project as to which
				federal funds are available for expenditure when its provisions may be in
				conflict with federal law or federal regulation.
[30 ILCS
				500/45-10(c) ]
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1400 - PROCUREMENT › Subpart I - PREFERENCES › Section 1400.4515 - Soybean Oil-based Ink

Current through Register Vol. 48, No. 28, July 12, 2024
Contracts requiring the procurement of offset
				  printing services shall specify the use of soybean oil-based ink or vegetable
				  oil-based ink unless
the Chief Procurement Officer or a designee
determines that another type of ink is required to assure high quality
				  and reasonable pricing of the printed product
. [30 ILCS
				  500/45-15 ]
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1400 - PROCUREMENT › Subpart I - PREFERENCES › Section 1400.4520 - Recycled Supplies

Current through Register Vol. 48, No. 28, July 12, 2024
When a contract is to be awarded to the lowest
				  responsible bidder or offeror, an otherwise qualified bidder or offeror who
				  will fulfill the contract through the use of products made of recycled supplies
				  shall be given preference over other bidders or offerors unable to do so,
				  provided that the cost included in the bid of supplies is equal to or less than
				  other bids or offers, unless the use of the product constitutes an undue
				  practical hardship. Nothing in this Section shall be construed to apply
				  to
the Treasurer's office
for the purposes of procuring
				  construction and construction-related services.
[30 ILCS
				  500/45-20 ].
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1400 - PROCUREMENT › Subpart I - PREFERENCES › Section 1400.4525 - Recycled Paper

Current through Register Vol. 48, No. 28, July 12, 2024
All
paper
purchased for use
				  by
the Treasurer's office
must be recyclable paper unless
				  recyclable
paper
cannot be used to meet the requirements
				  of
the Treasurer's office. [30 ILCS
				  500/45-25 ]. The Treasurer's office will determine its
				  paper requirements to allow the use of recyclable paper whenever
				  practicable.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1400 - PROCUREMENT › Subpart I - PREFERENCES › Section 1400.4526 - Environmentally Preferable Procurement

Current through Register Vol. 48, No. 28, July 12, 2024
Notwithstanding any rule, regulation, statute, order,
				  or policy of any kind,
the Treasurer's office
shall contract
				  for supplies and services that are environmentally preferable. If, however,
				  contracting for an environmentally preferable supply or service would impose an
				  undue economic or practical hardship on the
Treasurer's
				  office
, or if an environmentally preferable supply or service cannot be
				  used to meet the requirements of the
Treasurer's office
, then
				  the
Treasurer's office
need not contract for an
				  environmentally preferable supply or service. Specifications for contracts, at
				  the discretion of the
Treasurer's office
, may include a price
				  preference of up to 10% for environmentally preferable supplies or
				  services.
[30 ILCS 500/45-26
				  ]
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1400 - PROCUREMENT › Subpart I - PREFERENCES › Section 1400.4530 - Special Sources

Current through Register Vol. 48, No. 28, July 12, 2024
The Treasurer's office may contract with any qualified source
				  of supply, including the following special sources, from which procurements may
				  be made without notice and competition:
a) Illinois Correctional Industries (see
				30 ILCS
				500/45-30 );
b) State and Federal Surplus Warehouses under
				the jurisdiction of CMS. The State Property Control Act [30 ILCS 605/7a
				] requires that surplus furniture be considered before any purchase of new
				furniture valued at $500 or more per piece;
c) Qualified not-for-profit agencies for
				persons with severe disabilities (see
				30
				ILCS 500/45-35 );
d) State agencies and other governmental
				units.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1400 - PROCUREMENT › Subpart I - PREFERENCES › Section 1400.4535 - Qualified Not-for-Profit Agencies for Persons with Significant Disabilities

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Purpose
Contracts with qualified not-for-profit agencies for persons
				  with significant disabilities (work centers; see Section 45-35 of the Code)
				  under this Section should promote employment opportunities for persons with
				  significant disabilities while meeting the needs of the Treasurer's office. In
				  making a determination to purchase from a qualified work center, the
				  Treasurer's office may review the number of jobs performed by persons with
				  significant disabilities and the total amount of the contract. A reasonable
				  amount of subcontracting is allowed under this Part to the extent it does not
				  deter from promoting employment for persons with significant
				  disabilities.
b) Usage
Purchases may be made from work centers without prior notice
				  or competition.
c)
				Preference
Prior to conducting a competitive procurement or otherwise
				  contracting for supplies or services on the preference list, the Treasurer's
				  office may contact one or more of the qualified work centers that provide the
				  needed supply or service and attempt to negotiate a fair and reasonable
				  contract at a price not substantially more than had it been competitively bid.
				  If negotiations fail or if circumstances suggest using a qualified work center
				  is not reasonable, the Chief Procurement Officer may authorize use of an
				  alternative procurement method.
d) Compliance with this Part
Qualified work centers that contract with the Treasurer's
				  office must comply with all applicable provisions of this
				  Part.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1400 - PROCUREMENT › Subpart I - PREFERENCES › Section 1400.4540 - Vehicles

Current through Register Vol. 48, No. 28, July 12, 2024
a) Specification
Contracts for the purchase or lease of new passenger
				  automobiles, other than station wagons, vans and four-wheel drive vehicles,
				  shall specify the procurement of a model that, according to the most current
				  mileage study published by the U.S. Environmental Protection Agency, can
				  achieve at least the minimum average fuel economy in miles per gallon imposed
				  upon manufacturers of vehicles under Title V of the Motor Vehicle Information
				  and Cost Savings Act
(15 U.S.C. 200146)
.
[35 ILCS
				  500/45-40(a) ] Further,
all
				  gasoline-powered vehicles purchased from State funds must be flexible fuel
				  vehicles or fuel efficient hybrid vehicles. Any vehicle purchased from State
				  funds that is fueled by diesel fuel shall be certified by the manufacturer to
				  run on 5% biodiesel (B5) fuel.
[30 ILCS
				  500/25-75 ]
1) Flexible fuel vehicles are automobiles or
				light trucks that operate on either gasoline or E-85 (85% ethanol, 15%
				gasoline) fuel.
2) Fuel efficient
				hybrid vehicles are automobiles or light trucks that use a gasoline or diesel
				engine and an electric motor to power and gain a minimum of 20% increase in
				combined USEPA city/highway fuel economy over an equivalent or most-similar
				conventionally-powered model.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1400 - PROCUREMENT › Subpart I - PREFERENCES › Section 1400.4545 - Illinois Agricultural Products

Current through Register Vol. 48, No. 28, July 12, 2024
In awarding contracts requiring the procurement of
				  agricultural products, preference may be given to an otherwise qualified bidder
				  or offeror who will fulfill the contract through the use of agricultural
				  products grown in Illinois.
[30 ILCS
				  500/45-50 ]
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1400 - PROCUREMENT › Subpart I - PREFERENCES › Section 1400.4550 - Corn-based Plastics

Current through Register Vol. 48, No. 28, July 12, 2024
In awarding contracts requiring the procurement of
				  plastic products, preference may be given to an otherwise qualified bidder or
				  offeror who will fulfill the contract through the use of plastic products made
				  from Illinois corn by-products.
[30
				  ILCS 500/45-55 ]
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1400 - PROCUREMENT › Subpart I - PREFERENCES › Section 1400.4555 - Vehicles Powered by Agricultural Commodity-based Fuel

Current through Register Vol. 48, No. 28, July 12, 2024
In awarding contracts requiring the procurement of
				  vehicles, preference may be given to an otherwise qualified bidder or offeror
				  who will fulfill the contract through the use of vehicles powered by ethanol
				  produced from Illinois corn or biodiesel fuels produced from Illinois
				  soybeans.
[30
				  ILCS 500/45-60 ]
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1400 - PROCUREMENT › Subpart I - PREFERENCES › Section 1400.4565 - Preferences for Veterans, Minorities, Women, and Persons with Disabilities

Current through Register Vol. 48, No. 28, July 12, 2024
This Part is subject to the applicable provisions of the
				  Veterans Preference Act [ 330 ILCS 55 ], the Business Enterprise for
				  Minorities, Women, and Persons with Disabilities Act [ 30 ILCS 575 ], and the
				  State Treasurer Act [ 15 ILCS 505 ]. The Chief Procurement Officer shall do
				  whatever is reasonably necessary to enable veterans, minorities, women and
				  persons with disabilities to participate in the procurement process. The Chief
				  Procurement Officer may rely on the determination of CMS and/or the Department
				  of Veterans' Affairs that a person or business qualifies for a preference under
				  these Acts.
It is hereby declared to be the policy of the State
				  Treasurer to promote and encourage the use of businesses owned by or under the
				  control of qualified veterans of the armed forces of the United States,
				  qualified service-disabled veterans, minority persons, women, or persons with a
				  disability in the area of goods and services. Furthermore, the State Treasurer
				  shall utilize such businesses to the greatest extent feasible within the bounds
				  of financial and fiduciary prudence, and take affirmative steps to remove any
				  barriers to the full participation of such firms in the procurement and
				  contracting opportunities afforded.
[
				  15
				  ILCS 505/30(b) ]
a) Definitions
For the purposes of this Section:
1) any
terms "minority person",
				"woman", "person with a disability", "minority-owned business", "women-owned
				business", "business owned by a person with a disability", and "control" have
				the meanings provided in Section 1 of the Business Enterprise for Minorities,
				Women, and Persons with Disabilities Act; and
2)
the terms "veteran", "qualified
				veteran-owned small business", "qualified service-disabled veteran-owned small
				business", "qualified service-disabled veteran", and "armed forces of the
				United States" have the meanings provided in
Section 45-57
of
				the Illinois Procurement Code
. [
				15
				ILCS 505/30(a) ]
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1400 - PROCUREMENT › Subpart I - PREFERENCES › Section 1400.4595 - HUBZone Business Contracts

Current through Register Vol. 48, No. 28, July 12, 2024
a) For the purposes of this Section,
"HUBZone business" means a business that operates and employs people in
				Historically Underutilized Business Zones (HUBZone) as designated by the
				federal HUBZone Empowerment Act
. [30 ILCS
				500/45-95(a) ]
b) The Treasurer's office may provide a 2%
				price preference for a HUBZone business that is responding to an Invitation for
				Bid or Request for Proposal.
c) The
				Treasurer's office may provide up to a 10% price preference for a HUBZone
				business that is responding to an IFB or RFP. The Treasurer's office shall
				specify the price preference in the solicitation document.
d) A HUBZone business must include evidence
				of its HUBZone qualification with its bid or offer if it is claiming a HUBZone
				price preference under this Section.
e) The Chief Procurement Officer shall
				publish, in the notice of award, the percentage of the HUBZone price preference
				for each contract awarded through this Section.
f) Should a contractor no longer qualify as a
				HUBZone business during the term of a contract that was awarded using the
				HUBZone price preference, the Chief Procurement Officer may void the
				contract.
g) A contract may not be
				renewed if the contractor no longer qualifies as a HUBZone business and the
				contract was awarded using the HUBZone price preference.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1400 - PROCUREMENT › Subpart J - ETHICS › Section 1400.5002 - Continuing Disclosure; False Certification

Current through Register Vol. 48, No. 28, July 12, 2024
a)
Every person that has entered into
				a multi-year contract and every subcontractor with a multi-year
				subcontract
subject to the Code,
shall certify, by January 1
				of each fiscal year covered by the contract after the initial fiscal year, to
				the
Treasurer's office
any changes that affect its ability to
				satisfy the requirements of
Article 50 of the Code. [30 ILCS
				500/50-2 ]
b) If a contractor or subcontractor continues
				to meet all requirements of Article 50 of the Code, or if the contract has been
				substantially completed but has not yet expired, the certification under
				subsection (a) is not required.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1400 - PROCUREMENT › Subpart J - ETHICS › Section 1400.5005 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
It is the express duty of Chief Procurement Officer and
				  designees to maximize the value of the expenditure of public moneys in
				  procuring goods, services, and contracts for the Treasurer's office and to act
				  in a manner that maintains the integrity and public trust of State government.
				  In discharging this duty, they are charged to use all available information,
				  reasonable efforts, and reasonable actions to protect, safeguard and maintain
				  the procurement process of the Treasurer's office.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1400 - PROCUREMENT › Subpart J - ETHICS › Section 1400.5010 - Bribery

Current through Register Vol. 48, No. 28, July 12, 2024
a) Prohibition
No person or business will be awarded a contract or
				  subcontract under this Part who:
1)
				has been convicted under the laws of Illinois or any other state of bribery or
				attempting to bribe an officer or employee of the State of Illinois or any
				other state in the officer's or employee's official capacity; or
2) has made an admission of guilt of that
				conduct that is a matter of record but has not been prosecuted for that
				conduct.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1400 - PROCUREMENT › Subpart J - ETHICS › Section 1400.5015 - Felons

Current through Register Vol. 48, No. 28, July 12, 2024
Unless otherwise provided, no person or business convicted of
				  a felony may do business with the Treasurer's office from the date of
				  conviction until 5 years after the date of completion of the sentence for that
				  felony, unless no person held responsible by a prosecutorial office for the
				  facts upon which the conviction was based continues to have any involvement
				  with the business.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1400 - PROCUREMENT › Subpart J - ETHICS › Section 1400.5020 - Conflicts of Interest

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Prohibitions
1) The Treasurer and all
				employees of the Treasurer's office who receive compensation for the employment
				in excess of 60% of the salary of the Governor of the State of Illinois and the
				spouses and minor children of those persons may not have or acquire any
				contract, or any direct pecuniary interest in any contract, that will be wholly
				or partially satisfied by the payment of funds appropriated by the General
				Assembly of the State of Illinois.
2) No firm, partnership, association, or
				corporation in which any person described in subsection (a)(1) is entitled to
				receive:
A) more than 7 1/2% of the total
				distributable income; or
B) an
				amount in excess of the salary of the Governor,
may have or acquire any contract or direct pecuniary interest
				  in any contract that will be wholly or partially satisfied by the payment of
				  funds appropriated by the General Assembly of the State of Illinois.
3) No firm,
				partnership, association, or corporation in which any person described in
				subsection (a)(1) together with his or her spouse or minor children is entitled
				to receive:
A) more than 15%, in the
				aggregate, of the total distributable income; or
B) an amount in excess of two times the
				salary of the Governor,
may have or acquire any contract or direct pecuniary interest
				  in any contract that will be wholly or partially satisfied by the payment of
				  funds appropriated by the General Assembly of the State of Illinois.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1400 - PROCUREMENT › Subpart J - ETHICS › Section 1400.5025 - Negotiations for Future Employment

Current through Register Vol. 48, No. 28, July 12, 2024
a) No person employed in or on a continual
				contractual relationship with the Treasurer's office may participate in
				contract negotiations on behalf of the Treasurer's office with any firm,
				partnership, association, or corporation with whom that person has a contract
				for future employment or is negotiating concerning possible future
				employment.
b) An individual who
				performs services under a contract and who meets the requirements of an
				"employee" or "contractual employee" as opposed to an "independent contractor"
				is in a "continual contractual relationship" from the effective date of the
				contract until the time the contract is terminated.
c) "Independent contractors", as opposed to
				"employees" or "contractual employees", are in a "continual contractual
				relationship" if the contract term is indefinite, is automatically renewed, is
				renewable at the individual's option, is renewable unless the Treasurer's
				office 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 1400 - PROCUREMENT › Subpart J - ETHICS › Section 1400.5030 - Revolving Door

Current through Register Vol. 48, No. 28, July 12, 2024
The Chief Procurement Officer may not engage in any
				  procurement activity relating to the Treasurer's office for two years after
				  terminating his or her position as Chief Procurement Officer. This prohibition
				  includes, but is not limited to, lobbying the procurement process or
				  specifying, bidding or proposing bids, proposals or contract documents, on
				  their own behalf or on behalf of any firm, partnership, association or
				  corporation. This prohibition is in addition to the revolving door prohibitions
				  of Section 5-45 of the State Officials and Employees Ethics Act [5 ILCS 430
				  ].
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1400 - PROCUREMENT › Subpart J - ETHICS › Section 1400.5037 - Vendor Registration and Certification and Prohibition on Political Contributions

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Introduction
Illinois law (Section 9-35 of the Election Code [10 ILCS 5 ]
				  and Sections 20-160 and 50-37 of the Code) (the statutes) restricts political
				  contributions by vendors and affiliated entities; requires registration with
				  the Illinois State Board of Elections (ISBE); and requires solicitation and
				  contract certifications relative to the requirements of the law. This Section
				  supplements requirements found in the statutes and does not excuse compliance
				  with any of those requirements.
b) General Registration Requirements
1) These requirements apply to contracts,
				bids and proposals that are subject to this Part.
A) Bids/proposals referenced in this Section
				are those submitted in response to a competitive solicitation that is posted on
				or after January 1, 2009, regardless of the value assigned to the
				procurement.
B) Bids and proposals
				include pending bids and proposals.
C) These requirements generally apply to a
				vendor whose existing State contracts have an aggregate value in excess of
				$50,000, whose aggregate value of bids/proposals for State contracts exceeds
				$50,000, or whose aggregate value of State contracts and bids/proposals exceeds
				$50,000.
D) This value is
				calculated on a calendar-year basis.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1400 - PROCUREMENT › Subpart J - ETHICS › Section 1400.5040 - Reporting Anticompetitive Practices

Current through Register Vol. 48, No. 28, July 12, 2024
When, for any reason, any vendor, bidder, proposer,
				  respondent or employee of the Treasurer's office, including the Chief
				  Procurement Officer, suspects collusion or other anticompetitive practice among
				  any bidders, proposers, respondents or employees of the Treasurer's office, a
				  notice of the relevant facts must be transmitted to the Attorney General, the
				  Inspector General, and the Chief Procurement Officer.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1400 - PROCUREMENT › Subpart J - ETHICS › Section 1400.5045 - Confidentiality

Current through Register Vol. 48, No. 28, July 12, 2024
The Chief Procurement Officer and designees are subject to
				  immediate dismissal and may be subject to criminal prosecution for willfully
				  using or allowing the use of specifications, procurement documents or
				  proprietary information to compromise the fairness or integrity of the
				  procurement or contract process.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1400 - PROCUREMENT › Subpart J - ETHICS › Section 1400.5050 - Insider Information

Current through Register Vol. 48, No. 28, July 12, 2024
It is unlawful for the Treasurer or any employee of the
				  Treasurer's office to knowingly use confidential information available only by
				  virtue of that office or employment for actual or anticipated gain for
				  themselves or another person.