Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 4 - CHIEF PROCUREMENT OFFICER FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION STANDARD PROCUREMENT › Subpart A - GENERAL › Section 4.15 - Definition of Terms Used in This Part

Current through Register Vol. 48, No. 28, July 12, 2024
As used throughout this Part, terms defined in the Illinois
				  Procurement Code shall have the same meaning as in the Code and as further
				  defined in this Section, and each term listed in this Section shall have the
				  meaning set forth unless its use clearly requires a different meaning. Terms
				  may be defined in particular Sections for use in that Section.
"Amendment" - A written modification to a contract. An
				  amendment may memorialize an action authorized by specific language in the
				  contract (e.g., exercise of an option or showing price decrease or increase
				  based on CPI), or may memorialize nonmaterial changes (e.g., change in names of
				  notice contacts or number of periodic status meetings). An amendment may also
				  be a change order as defined in this Section.
"Best Interest of the State" - For purposes of this Part,
				  best interest of the State also includes best interest of the procuring
				  university.
"Bid" - The response submitted by a bidder in a competitive
				  sealed bidding process, to anInvitation for Bid or to a multi-step sealed
				  bidding process.
"Bidder" -
One who submits a response in a
				  competitive sealed bidding process, to an invitation for bid, or to a
				  multi-step sealed bidding process.
[
				  30 ILCS 500/1-15.02
				  ]
"Brand Name or Equal Specification" - A specification that
				  uses one or more manufacturers' names or catalogue numbers to describe the
				  standard of quality, performance and other characteristics needed to meet
				  university requirements and that allows the submission of equivalent
				  products.
"Brand Name Specification" - A specification limited to one
				  or more items by manufacturers' names or catalogue numbers.
"Building Services" - Repairs to or maintenance of the
				  structure, but does not include janitorial, window washing services, or
				  services provided by university employees.
"Bulletin" - The volume of the Illinois Procurement Bulletin
				  published by the CPO-HE, unless the context clearly means the volume of another
				  CPO or the Illinois Procurement Bulletin generally.
"Change Order" -
A change in a contract term, other
				  than as specifically provided for in the contract,
which is determined
				  necessary to address needs that are best met by the contract holder, and that
authorizes or necessitates any increase or decrease in the cost of the
				  contract or the time forto completion
. [
				  30 ILCS 500/1-15.12
				  ] A change order is an amendment to the contract.
"
Chief Procurement Office
" -
The
				  offices to which the Chief Procurement Officers are appointed pursuant to
				  Section 10-20
of the Code. [
				  30 ILCS
				  500/1-15.13 ]
"Chief Procurement Officer" or "CPO-HE" - The Chief
				  Procurement Officer for Public Institutions of Higher Education, as created by
				  Section 10-20(3) of the
Code, or a designee.
"Code" - The Illinois Procurement Code [ 30 ILCS 500
				  ].
"Concession" - The right granted by a license, lease or other
				  agreement to use State property, whether tangible or intangible. Also includes
				  the right to engage in a certain activity on the lessor's property (e.g., a
				  refreshment or parking concession).
"
Construction
" - As used in this Part,
building, altering, repairing, improving, or demolishing any public
				  structure or building, or making improvements of any kind to public real
				  property. Construction does not include the routine operation, routine repair
				  or routine maintenance of existing structures, buildings, or real
				  property
. [ 30 ILCS 5/1-15.20 ]
"Construction Agency" -
The Capital Development Board
				  for construction or remodeling of State-owned facilities; the Illinois
				  Department of Transportation for construction or maintenance of roads,
				  highways, bridges, and airports; the Illinois Toll Highway Authority for
				  construction or maintenance of toll highways; the Illinois Power Agency for
				  construction, maintenance, and expansion of Agency-owned facilities, as defined
				  in Section 1-10 of the Illinois Power Agency Act
[ 20 ILCS 3855
				  ]
; and any other State agency (including universities) entering into
				  construction contracts as authorized by law or by delegation from the Chief
				  Procurement Officer
. [
				  30 ILCS
				  500/1-15.25 ]
"Construction Manager Services" - Services provided in the
				  planning, pre-construction and construction phases of a construction
				  project.
"Construction-related Professional Services" - Services
				  performed that are governed by the Architectural, Engineering, and Land
				  Surveying Qualifications-Based Selection Act [ 30 ILCS 535 ]. "Professional
				  Services" as used in this Part means those services within the scope of the
				  practice of architecture, professional engineering, structural engineering, or
				  registered land surveying, as defined by the laws of this State.
"Construction Support" - Equipment, supplies and services
				  necessary to the operation of a construction agency's construction program, but
				  does not include construction-related services.
"Consulting Services" - Services provided by a business or
				  person as an independent contractor to advise and assist a university in
				  solving specific management or programmatic problems involving the
				  organization, planning, direction, control or operations of a university. The
				  services may or may not rise to the level of professional and artistic as
				  defined in the Code and this Part.
"
Contract
" -
All types of State
				  agreements, regardless of what they may be called, for the procurement, use, or
				  disposal of supplies, services, professional or artistic services, or
				  construction or for leases of real property
for which
the
				  State is the lessee, or capital improvements, and including renewals, master
				  contracts, contracts for financing through use of installment or lease-purchase
				  arrangements, renegotiated contracts, amendments to contracts, and change
				  orders.
[
				  30 ILCS 500/1-15.30 ]
				  The term "contract" includes, but is not limited to purchase, installment
				  purchase, lease and rental contracts. The term contract, as used in the Code
				  and this Part, does not include: supplies or services the terms governing which
				  are established by tariff of the Illinois Commerce Commission or the Federal
				  Communications Commission, and for which there is no authorized competition,
				  bonds, Certificates of Participation or contracts relating to bonds or
				  Certificates of Participation issued by or on behalf of a State agency when the
				  contractor or vendor is neither selected nor paid by the State agency. Also
				  referred to as a "State contract" or a "university contract".
"
Contract Award
" - Except as otherwise
				  defined in this Section for specific categories of procurements,
the
				  determination that a particular
vendor
has been selected from
				  among other
potential vendors
to receive a contract, subject
				  to
resolution of any protest and
the successful completion of
				  final negotiations. "Contract award" is evidenced by the posting of a Notice of
				  Award or a Notice of Intent to Award to the respective volume of the Illinois
				  Procurement Bulletin
after all State agency required and SPO approvals
				  have been obtained. [
				  30 ILCS
				  500/15-25 (b-5)]
"Contract Let" - The act of awarding a contract to a bidder
				  that responded to an invitation for bids as part of a letting.
"Contractor" or "Vendor" - An individual, firm, partnership,
				  corporation, joint venture or other legal entity that seeks, or has entered
				  into, a contract with a State agency as defined in Section 1-15.30 of the Code.
				  The terms contractor and vendor are used interchangeably for the purposes of
				  the Code and this Part. In appropriate circumstances, the term shall also
				  include subcontractors.
"Day" - Calendar day. In computing any period of time, the
				  day of the event from which the designated period of time begins to run shall
				  not be included, but the last day of the period shall be included unless it is
				  a Saturday, Sunday, or a State or university holiday, as applicable, in which
				  event the period shall run to the end of the next business day.
"Designee" - A person or category of persons identified by
				  the CPO-HE or an SPO, in writing, to exercise procurement authority or to
				  assist with the procurement process. A designee acts under procurement
				  authority of the CPO-HE or SPO and has the responsibility for taking
				  procurement actions in accordance with applicable laws, rules and policies, as
				  limited by the terms of the delegation.
"Domestic Product" - A product that meets the requirements of
				  the Procurement of Domestic Products Act [ 30 ILCS 517 ].
"Electronic Procurement"
-
The
				  conducting of some or all procurement functions over the internet
. [
				  30 ILCS
				  500/1-15.40 ]
"Emergency Statement" - The statement filed with the Auditor
				  General and the Procurement Policy Board setting forth the actual or estimated
				  amount expended, the name of the contractor involved, and the conditions and
				  circumstances requiring the emergency procurement.
"Emergency Contract Award" - For purposes of an emergency
				  contract, an emergency contract is awarded on the earlier of the date a State
				  agency communicates to a vendor to start work, notice is published on the
				  Illinois Procurement Bulletin identifying the vendor of the required supplies
				  or services, or the date the contract is signed by both parties.
"Estimated Cost" - The amount expected to be paid for a
				  procurement transaction. It is representative of all known work and may include
				  potential and expected unscheduled work arising out of the requirements. The
				  total estimated contract cost is not necessarily equivalent to the maximum
				  cost.
"Evaluation Criteria" - The standards or factors by which the
				  vendor and its bid or offer may be evaluated. These criteria may include, but
				  are not limited to, specialized experience, technical qualifications,
				  competence, capacity to perform, past performance, experience with similar
				  projects, assignment of personnel to the project, and other appropriate
				  factors.
"Expatriated Entity"
-
A foreign
				  incorporated entity that is treated as an inverted domestic corporation under
				  section 835(b) of the Homeland Security Act of 2002 (
				  6 USC
				  395(b) ) or any subsidiary
				  of that entity. The federal regulations found at
				  26 CFR
				  1.7874-3 may be used to determine when
				  6 USC
				  395(b)(3) applies
.
				  [
				  30 ILCS
				  500/1-15.120 ]
"Fiduciary Duty" - A CPO's, SPO's, or PCM's obligation to
				  serve the best interest of the State of Illinois.
"Germane" - Closely or significantly related to, arising out
				  of, or directly incidental to the original contract. Additional work or
				  materials are germane if they are of small or minor importance, or are ordinary
				  and comparatively unimportant departures from the details in the
				  specifications. Changes that are a substantial departure from the nature, scope
				  or scale of the original contract are not germane. (See Attorney General
				  Opinion S-939.)
"
Grant
" - Unless otherwise
				  specified,
the furnishing by the State of assistance, whether financial
				  or otherwise, to any person to support a program authorized by law. It does not
				  include an award the primary purpose of which is to procure an end product for
				  the direct benefit or use of the State agency making the grant, whether in the
				  form of goods, services, or construction. A contract that results from such an
				  award is not a grant and is subject to the Code.
[
				  30 ILCS 500/1-15.42 ] When
				  a grantor provides a grant or award to a university that authorizes or allows
				  the university to award subgrants or subawards, the subgrant or subaward shall
				  also be deemed a grant that is made by the university as agent of the
				  grantor.
"Grounds Services" - Lawn care, landscaping, and snow and ice
				  removal services.
"HUBZone Business" - A business that operates and
				  employs people in Historically Underutilized Business Zones (HUBZone) as
				  designated by the federal HUBZone Empowerment Act
(
				  15 USC 657a ). [
				  30 ILCS
				  500/45-95(a) ].
"
Invitation for Bids
" or "IFB" -
The
				  process by which a purchasing agency requests information from bidders,
				  including all documents, whether attached or incorporated by reference, used
				  for soliciting bids.
[
				  30 ILCS
				  500/1-15.45 ] Also referred to as "Competitive Sealed
				  Bidding".
"Items" - Anything that may be procured under the Code and
				  this Part.
"Letting" - A construction agency's act of advertising an
				  invitation for bids for one or more construction projects.
"Master Contract" - A definite quantity, indefinite quantity
				  or requirements contract awarded under the Code through which universities may
				  place purchase orders. Master contracts include use by a single university, or
				  for multiple State purchasing entities or other entities as authorized under
				  the Governmental Joint Purchasing Act [ 30 ILCS 525 ].
"Multiple Award" - An award that is made to two or more
				  bidders or offerors for similar supplies, services, or construction-related
				  services.
"Natural Resources Services" - Services consist of
				  non-supervisory activities of a routine, repetitive, non-discretionary nature
				  not needing special expertise, training or education. These services include,
				  but are not limited to, assisting in the operation of tree nurseries, fish
				  hatcheries, game farms and sanctuaries; cleaning and maintenance of specialized
				  facilities; repairing fences and building cages; mowing; and trail and
				  ancillary facility repair.
"
Offer
" or "Proposal" - The response
				  submitted by an offeror in a competitive sealed proposal process or to a
				  Request for Proposals or Request for Information for real estate or capital
				  improvement leases.
"
Offeror
" or "Respondent" -
Any
				  person who submits a proposal in response to a competitive sealed proposal
				  process or a request for proposals.
[
				  30 ILCS 500/1-15.52
				  ]
"
Person
" -
Any business, public or
				  private corporation, partnership, individual, union, committee, club,
				  unincorporated association or other organization or group of individuals, or
				  other legal entity.
[
				  30 ILCS 500/1-15.55
				  ]
"Procurement Compliance Monitor" or "PCM" - An individual
				  appointed by the Executive Ethics Commission under Section 10-15 of the Code to
				  oversee and review procurement processes.
"Procurement Officer" - The Chief Procurement Officer or
				  appropriate State Purchasing Officer who is responsible for the particular
				  procurement action.
"Procurement Policy Board" or "PPB" - The body created by
				  Section 5-5 of the Code.
"Proposal" or "Offer" - The response to a Request for
				  Proposals or Request for Information for real estate or capital improvement
				  leases.
"Protest Review Office" - The office of the person designated
				  in the solicitation document to whom protests must be directed. This person
				  will respond to or coordinate the response to the protest.
"
Purchase of Care
" -
A contract with
				  a person for the furnishing of medical, educational, psychiatric, vocational,
				  rehabilitativerehabilitation, social, or human services directly to a recipient
				  of a State aid program
[
				  30 ILCS
				  500/1-15.68 ]. Purchase of care includes the
				  furnishing of services directly to recipients of State aid programs or
				  applicants for a State aid program. Purchase of care contracts may include some
				  services that are administrative in nature, as long as the contract primarily
				  provides direct care to recipients of State aid programs. Examples of purchase
				  of care contracts include, but are not limited to, contracts related to care
				  coordination programs under Title XIX of the Social Security Act, including
				  contracts with managed care organizations; primary care case management
				  services; prepaid ambulatory health plans; prepaid inpatient health plans; and
				  direct care services provided under the Children and Family Services Act [ 20
				  ILCS 505 ]. Contracts that do not pertain to direct services to State aid
				  recipients or that are primarily administrative in nature exceed the scope of
				  the definition of a purchase of care contract and are not exempt from the
				  requirements of the Code.
"
Purchasing Agency
" -
A State agency
				  that enters into a contract at the direction of a State Purchasing Officer
				  authorized by a Chief Procurement Officer or
at the direction of
a Chief Procurement Officer.
[
				  30 ILCS
				  500/1-15.70 ]
"Quality Based Selection" or "QBS" - The source selection
				  method for architectural, engineering and land surveying services, as defined
				  by the Architectural, Engineering and Land Surveying Qualifications Based
				  Selection Act [ 30 ILCS 535 ].
"Qualified HUBZone Small Business Concern" - A
				  business that qualifies under the HUBZone program administered by the U.S.
				  Small Business Administration.
[
				  30 ILCS
				  500/45-95(a) ]
"Qualified Products List" - An approved list of supplies
				  described by model or catalogue numbers that, prior to competitive
				  solicitation, the State has determined will meet the applicable specification
				  requirements.
"Renewal" - An agreement between the parties to a contract to
				  authorize an additional contract period under the terms and conditions of the
				  renewal provision in the original contract. Any renewal of a real estate lease
				  for which a renewal provision is not present may be allowed in accordance with
				  Sections
				  4.4015
				  and
				  4.4025.
"Request for Information" or "RFI" - The process of
				  requesting information from interested parties to aid the State in decision
				  making. This type of RFI is not a procurement method and will not result in a
				  participant receiving a contract.
"Request for Information for Real Property or Capital
				  Improvement Leases" or "RFI-Real Property Leases" or "RFI-RPL" - The process of
				  seeking proposals for leases of real property or capital improvements as
				  outlined under Article 40 of the Code.
"
Request for Proposals
" or "RFP" -
The process by which a purchasing agency requests information from
				  offerors, including all documents, whether attached or incorporated by
				  reference, used for soliciting proposals.
[
				  30 ILCS
				  500/1-15.75 ]
"Request for Proposals-Professional and Artistic" or
				  "RFP-P&A" - The process by which a purchasing agency requests information
				  from offerors, including all documents, whether attached or incorporated by
				  reference, used for soliciting proposals for professional and artistic services
				  as defined in Section 1-15.60 of the Code.
"Requesting Agency" - The agency that requests that the
				  CPO-HE or SPO conduct a procurement for its use. All procurements reserved to
				  the CPO-HE that have not been delegated must be initiated by a purchase
				  request.
"
Responsible Bidder
", "Responsible
Potential Contractor
" or "Responsible
Offeror
" -
A person who has the capability in all
				  respects to perform fully the contract requirements and
who has
the integrity and reliability that will assure good faith performance.
				  A responsible bidder or offeror shall not include a business or other entity
				  that does not exist as a legal entity at the time a bid or offer is submitted
				  for a State contract.
[
				  30
				  ILCS 500/1-15.80 ]
"
Responsive Bidder
" -
A person who
				  has submitted a bid that conforms in all material respects to the Invitation
				  for Bids.
[
				  30 ILCS
				  500/1-15.85 ]
"
Responsive Offeror
" -
A person who
				  has submitted an offer that conforms in all material respects to the Request
				  for Proposals.
[
				  30 ILCS
				  500/1-15.86 ]
"Scoring Tool" - The document used to record the method used
				  by the individuals evaluating the responses to a solicitation to judge
				  qualifications or otherwise show whether or how well the responses met
				  requirements set forth in the solicitation.
"
Services
" -
The furnishing of
				  labor, time, or effort by a contractor, not involving the delivery of a
				  specific end product other than reports or supplies that are incidental to the
				  required performance
and its financing. [
				  30 ILCS 500/1-15.90
				  ]
"Site Technician Services - These services consist of
				  non-supervisory activities of a routine, repetitive, non-discretionary nature
				  not needing special expertise, training or education. These services include,
				  but are not limited to, the maintenance of the site, including operating small
				  farm-type equipment and trucks that do not require a Class C or D driver's
				  license.
"Solicitation" - The document (e.g., IFB, QBS, RFP,
				  RFP-P&A, or RFI-Real Property Lease) posted to the Procurement Bulletin
				  requesting interested parties to submit a response for evaluation by the State.
				  A request for information to determine if there is any interest on the part of
				  a university in the supplies or services of a vendor or vendors, or on the part
				  of a vendor or vendors in providing the supplies or services, is not considered
				  a solicitation.
"Specification for a Common or General Use Item" - A
				  specification that has been developed and approved for repeated use in
				  procurements.
"
Specifications
" -
Any description,
				  provision or requirement pertaining to the physical or functional
				  characteristics or of the nature of a supply, service or other item to be
				  procured under a contract. Specifications may include a description of any
				  requirement for inspecting, testing or preparing a supply, service,
				  professional or artistic service, construction, or other item for
				  delivery
. [
				  30 ILCS
				  500/1-15.95 ]
"State" - As appropriate, collectively or individually, the
				  State of Illinois, a State agency as defined in this Section, and all officers
				  and employees of the foregoing.
"
State Agency
" - Generally,
all
				  boards, commissions, agencies, institutions, authorities, and bodies politic
				  and corporate of the State, created by or in accordance with the constitution
				  or statute, of the executive branch of State government and does include
				  colleges, universities, and institutions under the jurisdiction of the
				  governing boards of the University of Illinois, Southern Illinois University,
				  Illinois State University, Eastern Illinois University, Northern Illinois
				  University, Western Illinois University, Chicago State University, Governors
				  State University, Northeastern Illinois University, and the Board of Higher
				  Education. However, this term does not apply to public employee retirement
				  systems or investment boards that are subject to fiduciary duties imposed by
				  the Illinois Pension Code
[ 40 ILCS 5 ]
or to the University
				  of Illinois Foundation
or any other university foundation
.
				  "State agency" does not include units of local government, school districts,
				  community colleges under the Public Community College Act
[ 110 ILCS
				  805 ]
, and the Illinois Comprehensive Health Insurance Board.
[
				  30 ILCS 500/1-15.100
				  ] For purposes of this Part, State agency means only State universities that
				  are under the jurisdiction of the CPO-HE, unless the context indicates
				  otherwise.
"State Purchasing Officer" or "SPO" - An individual appointed
				  by the CPO-HE in accordance with Section 10-10 of the Code and assigned to
				  exercise procurement authority at the direction of the CPO-HE.
"State Witness" - An employee of the State who observes the
				  opening of bids or sealed proposals.
"
Subcontract
" -
A contract between a
				  person and
another
person who has a contract subject to the
				  Code, pursuant to which the subcontractor provides to the contractor or, if the
				  contract price exceeds $50,000, another subcontractor some or all of the goods,
				  services, real property, remuneration, or other monetary forms of consideration
				  that are the subject of the primary contract and includes, among other things,
				  subleases from a lessee of a State agency. For purposes of the Code, a
				  "subcontract" does not include purchases of goods or supplies that are
				  incidental to the performance of a contract by a person who has a contract
				  subject to the Code.
[
				  30 ILCS 500/1-15.107
				  ]
"
Subcontractor
" -
A person or entity
				  who enters into a contractual agreement with a total value of $50,000 or more
				  with a person or entity who has or is seeking a contract subject to the Code
				  pursuant to which the person or entity provides some or all of the goods,
				  services, real property, remuneration or other monetary forms of consideration
				  that are the subject of the primary State contract, including subleases from a
				  lessee of a State contract. For purposes of the Code, a person or entity is not
				  a "subcontractor" if that person only provides goods or supplies that are
				  incidental to the performance of a contract by a person who has a contract
				  subject to the Code.
[
				  30 ILCS
				  500/1-15.108 ]
"Subfactor" - A subset of a main evaluation factor. Main
				  evaluation factors are identified in the solicitation.
"
Supplies
" -
All personal property,
				  including, but not limited to, equipment, materials, printing, and insurance
				  and the financing of those supplies that can be procured regularly or are
				  available on the commercial market.
[
				  30 ILCS 500/1-15.110 ]
				  For purposes of this Part, the term "goods" is equivalent to the term
				  "supplies".
"
Supplier
" -
Any person or entity
				  providing supplies, including, but not limited to, equipment, materials,
				  printing, and insurance, and the financing of those supplies that can be
				  procured regularly or are available on the commercial market.
[
				  30 ILCS 500/1-15.111
				  ]
"University" - The colleges, universities and institutions
				  under the jurisdiction of the governing boards identified in the definition of
				  "state agency" in accordance with Section 1-15.100 of the Code. For purposes of
				  the Code and this Part only, "university" also includes the Illinois Math and
				  Science Academy. The terms "university" and "public institution of higher
				  education" are used interchangeably for the purposes of the Code and this
				  Part.
"Unsolicited Bid" or "Unsolicited Offer" or "Unsolicited
				  Proposal" - Any bid, offer or proposal other than one submitted in response to
				  a solicitation.
"Utilization Plan" - A form and additional
				  documentations included in all bids or proposals that demonstrate a vendor's
				  proposed utilization of vendors certified by the Business Enterprise
				  Program
(see 30 ILCS 575 ) and the Veterans Business Program (Section
				  45-57 of the Code)
to meet the targeted goal. The utilization plan
				  shall demonstrate that the vendor has either:
met the entire contract goal; or
requested a full or partial waiver and made good
				  faith efforts towards meeting the goal.
[
				  30
				  ILCS 575/2(A)(11) ]