Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1 - CHIEF PROCUREMENT OFFICER FOR GENERAL SERVICES STANDARD PROCUREMENT › Subpart P - ETHICS › Section 1.5039 - Procurement Communication Reporting Requirement

Current through Register Vol. 48, No. 28, July 12, 2024
a Reporting Requirement
Any written or oral communication received by a State
				  employee who, by the nature of his or her duties, has the authority to
				  participate personally and substantially in the decision to award a State
				  contract and that imparts or requests material information or makes a material
				  argument regarding potential action concerning an active procurement matter,
				  including, but not limited to, an application, a contract or a project, shall
				  be reported to the Procurement Policy Board in accordance with rules of the
				  Executive Ethics Commission (2 Ill. Adm. Code 1620). [30 ILCS
				  500/50-39(a) ]
b Excepted Communications
1 These communication do not include the
				following:
A statements made by a person
				publicly in a public forum. However, communications made in a public forum, if
				made privately, must be reported;
B
				statements regarding matters of procedure and practice, such as format, the
				number of copies required, the manner of filing, and the status of a matter;
				and
C statements made by a State
				employee to:
i the State employee's Agency
				Head;
ii other employees of that
				agency;
iii employees of the
				Executive Ethics Commission, including the CPO-GS, SPOs, PCMs and other CPO-GS
				staff; or
iv an employee of another
				State agency who, through the communication, is either:
* exercising his or her experience or expertise in the
				  subject matter of the particular procurement in the normal course of business,
				  for official purposes, and at the initiation of the purchasing agency or the
				  appropriate SPO; or
* exercising oversight, supervisory, or management authority
				  over the procurement in the normal course of business and as part of official
				  responsibilities;
D unsolicited communications providing
				general information about products, services, or industry best practices before
				those products or services become involved in a procurement matter;
E communications received in response to
				procurement solicitations, including, but not limited to, vendor responses to
				a:
i RFI;
ii RFP;
iii Request for Qualifications;
iv IFB;
v small purchase, sole source, or emergency
				solicitation; or
vi questions or
				answers posted to the Illinois Procurement Bulletin to supplement the
				procurement action, provided that the communications are made in accordance
				with instructions contained in the procurement solicitation, procedures, or
				guidelines;
D
				communications that are privileged, protected, or confidential under law;
				and
E communications that are part
				of a formal procurement process as set out by statute, rule, or the
				solicitation, guidelines, or procedures, including, but not limited to:
i the posting of procurement
				opportunities;
ii the process for
				approving a procurement business case or its equivalent;
iii fiscal approval;
iv submission of bids;
v the finalization of contract terms and
				conditions with an awardee or apparent awardee; and
vi any other similar formal procurement
				process.