Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1 - CHIEF PROCUREMENT OFFICER FOR GENERAL SERVICES STANDARD PROCUREMENT › Subpart C - PROCUREMENT AUTHORITY › Section 1.1005 - Procurement Authority

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The Chief Procurement Officers appointed by the Executive Ethics Commission
				will exercise the procurement authority created by the Code for the benefit of
				the State of Illinois and the State agencies under the jurisdiction of each
				CPO. The Executive Ethics Commission may appoint a temporary acting CPO to act
				in the absence of any CPO, such as during illness, vacation or other extended
				leave.
b) The CPO-GS's procurement
				authority extends to supplies, services, construction not under the
				jurisdiction of the Capital Development Board or the Department of
				Transportation, real estate leases and all other categories of need subject to
				the Code. The authority extends to all aspects of the procurement process,
				including, but not limited to, pre-solicitation activities, solicitation
				preparation, source selection, evaluation, award, contracts, dispute resolution
				and records subsequent to identification of need, except as otherwise provided
				for in the Code.
c) Any reference
				in the Code or this Part directing or authorizing a State agency to take
				procurement action is subject to the overall procurement authority of the
				CPO-GS and SPO as set forth in the Code and this Part.
d) The CPO-GS exercises procurement authority
				through one or more SPOs or temporary acting SPOs and other State agency staff
				assigned to the procurement function. Those assigned to assist shall recognize
				the role and authority of the CPO-GS. The CPO-GS may assign a SPO to one or
				more State agencies or may make assignments on a functional basis. The CPO-GS
				may appoint a temporary acting SPO with limited authority to act with an
				appointed SPO. In the absence of an appointed SPO, the CPO-GS may exercise the
				procurement authority of an SPO or may appoint a temporary acting SPO. Unless
				the Code or this Part prohibits a designee from performing a procurement
				action, the CPO-GS may designate procurement action to an SPO or a State
				agency, subject to the approval of the appropriate State Agency Head. The
				CPO-GS may reserve certain procurement activities to the CPO-GS and reserves
				the right to review and modify or overturn any action of an SPO, or any other
				designee.
e) An SPO will exercise
				procurement authority in accordance with direction and limitations established
				by the CPO-GS. The SPO will act primarily to review, authorize and approve
				State agency procurement activities and, to that end, exercises procurement
				authority with the assistance of the State agency procurement staff. The CPO-GS
				and SPO will determine and identify, in writing, procurement activities that
				must be conducted by the CPO-GS or SPO and those that may be designated to
				State agencies. Activities not reserved to the CPO-GS or SPO may be conducted
				by the State agency staff with CPO-GS/SPO oversight, subject to the approval of
				the appropriate State Agency Head.
f) Each State agency shall determine and
				provide an appropriate number of qualified staff and related resources to
				assist the SPO in meeting the procurement needs of the State agency. State
				agency staffs, while acting to assist the SPO, remain State agency
				employees.
g) The State agency is
				responsible for determining need, and upon direction or request to provide a
				rationale to the SPO for the proposed transaction or activity before the
				procurement may commence. Additional justification may be required by the SPO
				at later stages of the procurement process. The SPO may require that the
				justification include a statement that the proposed activity or transaction
				meets legal requirements and State agency policies and is in the best interests
				of the State of Illinois and the State agency.
h) State agency procurement staff are
				responsible:
1) for ensuring that all
				procurement activities, including those submitted to the SPO or CPO-GS for
				review, authorization or approval are in accordance with the Code, this Part,
				other applicable laws and rules, the internal policies of the State, the
				internal policies of the State agency; and
2) for obtaining all State and State agency
				approvals applicable to the particular stage of the procurement
				process.