reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 6 - CHIEF PROCUREMENT OFFICER FOR THE DEPARTMENT OF TRANSPORTATION - CONTRACT PROCUREMENT › Subpart M - PROCUREMENT OF SERVICES UNDER CONSTRUCTION MANAGER/GENERAL CONTRACTOR PROJECT, PROGRESSIVE DESIGN-BUILD, AND DESIGN-BUILD DELIVERY METHODS › Section 6.1080 - Diversity

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department's Office of Business and
				Workforce Diversity shall retain a staff member or consultant to act as a
				liaison for the Department on CMGC, PDB and DB project for outreach,
				monitoring, and compliance with the Disadvantaged Business Enterprise (DBE)
				program, consistent with all applicable state and federal laws and regulations
				that govern DBE requirements.
b)
				The Department shall determine attainable DBE utilization goals for all CMGC,
				PDB, and DB contracts in accordance with established Department and federal
				goal setting procedures for both professional and construction
				services.
c) The Department shall
				determine attainable DBE utilization goals for professional services contracts
				entered into under any owner's representative procurement in accordance with
				established Department policies and procedures.
d) Evaluation criteria developed for RFQ and
				RFP procurement documents shall address a proposer's record of past DBE
				utilization as well as planned future utilization of DBE consultants and
				contractors.
e) The Department
				shall publish an annual report regarding projects sourced under the CMGC, PDB,
				and DB project delivery methods shall include project DBE utilization goals and
				DBE utilization achieved.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 8 - CHIEF PROCUREMENT OFFICER FOR THE CAPITAL DEVELOPMENT BOARD › Subpart A - GENERAL › Section 8.1 - Short Title

Current through Register Vol. 48, No. 28, July 12, 2024
This Part may be cited by its official name or as CPO-CDB
				  Procurement Rules.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 8 - CHIEF PROCUREMENT OFFICER FOR THE CAPITAL DEVELOPMENT BOARD › Subpart A - GENERAL › Section 8.5 - Policy and Scope

Current through Register Vol. 48, No. 28, July 12, 2024
Section 1-5 of the Illinois Procurement Code establishes the
				  policy of the State to be that the principles of competitive bidding and
				  economical procurement practices shall apply to all purchases and contracts by
				  or for State agencies. The purpose of this Part is to establish the rules
				  necessary and desirable to carry out that policy with respect to procurements
				  of construction and construction-related services committed by law to the
				  jurisdiction or responsibility of the Capital Development Board and, therefore,
				  subject to the jurisdiction of the Chief Procurement Officer for the Capital
				  Development Board.
a) Sections
				1-15.15, 10-5 and 10-20 of the Code establish the Chief Procurement Officer for
				the Capital Development Board as the person upon whom is imposed the duty to
				exercise all procurement authority created by the Code with respect to
				construction and construction-related services subject to the jurisdiction or
				responsibility of the Capital Development Board. Subject to exceptions
				established by the Code, that authority extends to the procurement of
				construction and construction-related services committed by law to the
				jurisdiction or responsibility of the Capital Development Board.
b) Pursuant to Section 5-25 of the Code, the
				Chief Procurement Officer is also granted the authority to promulgate rules to
				carry out the authority to make procurements under the Code. This Part
				establishes rules necessary and appropriate to implement the requirements and
				grants of authority of the Code with respect to the procurements described in
				subsection (a).
c) Among the
				purposes and policies of this Part are:
1) The
				policy that the activities of all State actors in the procurement processes be
				undertaken to maximize the value of the expenditure of public funds and in a
				manner that maintains public trust in the integrity of those
				processes.
2) The intent to ensure
				that procurement activities are conducted in a manner that is uniform,
				consistent, fair and open so as to facilitate vendor participation in State
				procurements and encourage competition to the ultimate benefit of the
				State.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 8 - CHIEF PROCUREMENT OFFICER FOR THE CAPITAL DEVELOPMENT BOARD › Subpart A - GENERAL › Section 8.20 - Referenced Materials

Current through Register Vol. 48, No. 28, July 12, 2024
The following State statutes are referenced in this
				  Part:
a) Illinois Procurement Code [30
				ILCS 500 ];
b) The Design-Build
				Procurement Act [30 ILCS 537 ];
c)
				Architectural, Engineering, and Land Surveying Qualification Based Selection
				Act [30 ILCS 535 ];
d) Capital
				Development Board Act [20 ILCS 3105 ];
e) Professional Service Corporation Act [805
				ILCS 10 ];
f) Illinois Architecture
				Practice Act of 1989 [225 ILCS 305 ];
g) Professional Engineering Practice Act of
				1989 [225 ILCS 325 ];
h) Structural
				Engineering Licensing Act of 1989 [225 ILCS 340 ];
i) Illinois Professional Land Surveyor Act of
				1989 [225 ILCS 330 ];
j)
				Procurement of Domestic Products Act [30 ILCS 537];
k) Business Enterprise for Minorities,
				Females, and Persons with Disabilities (BEMFD) Act [30 ILCS 575 ];
l) Freedom of Information Act (FOIA) [5 ILCS
				140 ];
m) Prevailing Wage Act [820
				ILCS 130 ];
n) Illinois Human
				Rights Act [775 ILCS 5 ];
o) Local
				Government Professional Services Selection Act (LGPSS Act) [50 ILCS 510
				];
p) Illinois False Claims Act
				[740 ILCS 175 ];
q) Criminal Code
				of 2012 [720 ILCS 5 ];
r) Illinois
				Use Tax Act [35 ILCS 105 ];
s)
				Illinois Environmental Protection Act [415 ILCS 5 ];
t) Public Officer Prohibited Activities Act
				[50 ILCS 105 ];
u) Lobbyist
				Registration Act [25 ILCS 170 ];
v)
				Illinois Securities Law of 1953 [815 ILCS 5 ];
w) Governmental Joint Purchasing Act [30 ILCS
				525 ];
x) Steel Products
				Procurement Act [530 ILCS 565 ];
y)
				Project Labor Agreements Act [30 ILCS 571 ].
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 8 - CHIEF PROCUREMENT OFFICER FOR THE CAPITAL DEVELOPMENT BOARD › Subpart A - GENERAL › Section 8.25 - Property Rights

Current through Register Vol. 48, No. 28, July 12, 2024
No person shall have any right to a specific contract with
				  the State unless that person has a contract that has been signed by an officer
				  or employee of the purchasing agency with appropriate signature authority. The
				  State shall be under no obligation to issue an award or execute a contract.
				  [30 ILCS 500/1-25
				  ] No person who participates in a procurement action has any right to an award
				  or subsequent contract. No notice of award can be issued and no contract can be
				  executed without the written determination of a Procurement Officer. Neither
				  receipt of a solicitation or other procurement documents nor submission of any
				  response to a solicitation or other procurement request, solicited or
				  otherwise, confers any right to receive an award or contract or contractually
				  obligates the State in any manner.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 8 - CHIEF PROCUREMENT OFFICER FOR THE CAPITAL DEVELOPMENT BOARD › Subpart B - PROCUREMENT RULES, POLICIES AND PROCEDURES › Section 8.530 - Policies and Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The CPO may issue policies and procedures to further implement the Code and
				this Part. Policies and procedures shall be maintained in a structured format.
				The CPO shall periodically review policies and procedures and determine if any
				should be issued as an administrative rule.
b) The CPO shall notify the PPB of changes to
				policies or new policies. The CPO may give notice by including the PPB on the
				standard distribution list.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 8 - CHIEF PROCUREMENT OFFICER FOR THE CAPITAL DEVELOPMENT BOARD › Subpart C - PROCUREMENT AUTHORITY › Section 8.1040 - Central Procurement Authority of the CPO

Current through Register Vol. 48, No. 28, July 12, 2024
a) Procurement Requests
CDB must initiate the procurement process through submission
				  of a procurement request to the CPO. The CPO shall designate the format and
				  requirements for submission. Should a PCM request review of a contract before
				  final execution, CDB shall not execute the contract until approved by the SPO
				  after consultation with the PCM and CDB.
b) Chief Procurement Officer's Authority to
				Reject
When the CPO, after consultation with CDB, decides that
				  processing the requested procurement is clearly not in the best interest of the
				  State, or that further review is needed, the CPO shall return the procurement
				  request to CDB. A written statement of the reasons for its return shall
				  accompany the returned request.
c) Determination of Contractual Terms and
				Conditions
The CPO or SPO has authority to approve the terms and
				  conditions of solicitations and contracts. The CPO will consult with CDB if CDB
				  requests special terms and conditions.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 8 - CHIEF PROCUREMENT OFFICER FOR THE CAPITAL DEVELOPMENT BOARD › Subpart C - PROCUREMENT AUTHORITY › Section 8.1050 - Delegation

Current through Register Vol. 48, No. 28, July 12, 2024
a) The CPO may delegate
				to any SPO or, in consultation with the CDB Executive Director, to CDB
				authority, to conduct certain named activities or functions.
b) Delegations of authority to designees
				shall be in writing and shall specify:
1) the
				activity or function authorized;
2)
				that the activity or function shall be in accordance with this Part, the
				Illinois Procurement Code, QBS Act, DB Act and all related statutes;
3) any limits or restrictions on the exercise
				of the delegated authority;
4)
				whether the authority may be further delegated;
5) the CPO with authority for the function or
				activity;
6) the duration of the
				delegation; and
7) any reporting
				requirements.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 8 - CHIEF PROCUREMENT OFFICER FOR THE CAPITAL DEVELOPMENT BOARD › Subpart D - PUBLICIZING PROCUREMENT ACTIONS › Section 8.1501 - Illinois Procurement Bulletin

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Illinois Procurement Bulletin consists
				of four volumes, one for each of the Chief Procurement Officers designated in
				the Code. Each volume will contain information relating to procurements under
				the authority of the appropriate CPO. References in this Part to the Bulletin
				mean the volume published by the CPO, unless the context indicates a different
				meaning.
b) The CPO shall have all
				rights to, and is the authority for, publishing the Bulletin. The CPO, shall,
				in consultation with CDB, determine the content, form, function, organization
				and structure and may make revisions as necessary.
c) Whenever this Part charges CDB with
				publishing a notice or other information in the Bulletin, CDB must receive the
				prior written approval of the Procurement Officer.
d) The Bulletin shall be published in
				electronic, web accessible form. In addition, the Bulletin may be made
				available in print.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 8 - CHIEF PROCUREMENT OFFICER FOR THE CAPITAL DEVELOPMENT BOARD › Subpart D - PUBLICIZING PROCUREMENT ACTIONS › Section 8.1525 - Bulletin Content

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The Bulletin will contain all content required by the Code. The Bulletin may
				include reference information of general interest (e.g., how to access the
				other volumes of the Bulletin, notice of new legislation, announcements and
				determinations) and may serve as the CPO's official website.
b) Notice of each procurement shall contain
				at least the following information:
1) the
				name of the purchasing and using agency, if different;
2) a brief description of the project with
				respect to which the services are being procured and of the services sought in
				the particular solicitation;
3) a
				project reference number;
4) the
				date the procurement is first offered (procurements that require notice shall
				not be distributed to vendors prior to the date the notice is first published
				in the Bulletin);
5) the date, time
				and location for submitting bids or proposals;
6) the method of source selection;
7) the name and contact information of the
				SPO in charge and the name of the CDB Project Manager assigned to the
				procurement;
8) instructions on how
				to obtain a comprehensive purchase description and any disclosure and contract
				forms;
9) encouragement to
				prospective vendors to hire qualified veterans;
10) encouragement to prospective vendors to
				hire qualified Illinois minorities, women, persons with disabilities and
				residents discharged from any Illinois adult correctional center; and
11) any unique evaluation scoring
				criteria.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 8 - CHIEF PROCUREMENT OFFICER FOR THE CAPITAL DEVELOPMENT BOARD › Subpart D - PUBLICIZING PROCUREMENT ACTIONS › Section 8.1535 - Vendor Portal

Current through Register Vol. 48, No. 28, July 12, 2024
a) In
				consultation with the PPB and State agencies, the CPO may operate a vendor
				portal, use another CPO's vendor portal, or jointly operate a vendor portal
				with other Chief Procurement Officers if a single portal better serves the
				needs of State agencies and the vendor community. A vendor portal shall allow
				prospective vendors to:
1) Provide
				certifications, disclosures, registrations and other documentation needed to do
				business with the State in advance of a particular procurement;
2) Submit the vendor's registration number,
				with a confirmation that the portal information is current, as part of the
				vendor's response to a competitive selection or a contracting
				process.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 8 - CHIEF PROCUREMENT OFFICER FOR THE CAPITAL DEVELOPMENT BOARD › Subpart D - PUBLICIZING PROCUREMENT ACTIONS › Section 8.1560 - Alternate and Supplemental Notice

Current through Register Vol. 48, No. 28, July 12, 2024
a) If the electronic Bulletin cannot be
				published, the CPO may publish notices in one of the other CPO's Procurement
				Bulletin on an interim basis. If no electronic version of the Bulletin can be
				published, the CPO may designate its website as its volume of the Bulletin. If
				necessary, the CPO may designate the Official State Newspaper or other
				newspaper of general circulation as its volume of the Bulletin. All newspaper
				notices will be published in the Bulletin when it becomes available, but that
				publication will not extend any procurement-related timeframes.
b) Publication in the Bulletin may be
				supplemented in order to reach a broader pool of vendors by publication
				elsewhere at the discretion of the CPO or SPO. Examples include publication in:
1) print or online newspapers;
2) industry publications or websites;
				or
3) CDB or user agency
				website.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 8 - CHIEF PROCUREMENT OFFICER FOR THE CAPITAL DEVELOPMENT BOARD › Subpart D - PUBLICIZING PROCUREMENT ACTIONS › Section 8.1570 - Error in Notice

Current through Register Vol. 48, No. 28, July 12, 2024
When a required publication contains an error, the error may
				  be corrected by a single notice published in the Bulletin and elsewhere in the
				  same manner as the original notice within 30 days after the time the error is
				  known. A correction that results in a change of procurement method or a
				  material change in the requirements set forth in a solicitation may require
				  extension of the time to respond to the original solicitation. The duration of
				  the extension shall be set forth in the correction. Extensions may be granted
				  at the discretion of the Procurement Officer, taking into consideration impacts
				  on the State as well as on vendors.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 8 - CHIEF PROCUREMENT OFFICER FOR THE CAPITAL DEVELOPMENT BOARD › Subpart D - PUBLICIZING PROCUREMENT ACTIONS › Section 8.1580 - Direct Solicitation

Current through Register Vol. 48, No. 28, July 12, 2024
In addition to giving notice in the Bulletin, a Procurement
				  Officer CDB, the A/E or the user agency may directly contact prospective
				  vendors. Direct solicitation may be oral or in writing, but all vendors shall
				  receive the same information as provided in the Bulletin. No direct
				  solicitation shall be made prior to the date any required notice first appears
				  in the Bulletin.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 8 - CHIEF PROCUREMENT OFFICER FOR THE CAPITAL DEVELOPMENT BOARD › Subpart D - PUBLICIZING PROCUREMENT ACTIONS › Section 8.1585 - Notice Time

Current through Register Vol. 48, No. 28, July 12, 2024
Each solicitation shall be published in the Bulletin at least
				  14 days prior to the date set for opening, unless a shorter time is authorized
				  by the Code or this Part.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 8 - CHIEF PROCUREMENT OFFICER FOR THE CAPITAL DEVELOPMENT BOARD › Subpart D - PUBLICIZING PROCUREMENT ACTIONS › Section 8.1595 - Availability of Solicitation Document

Current through Register Vol. 48, No. 28, July 12, 2024
The content of a solicitation shall not be distributed to
				  vendors or otherwise to the public prior to the date the solicitation is first
				  published in the Bulletin.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 8 - CHIEF PROCUREMENT OFFICER FOR THE CAPITAL DEVELOPMENT BOARD › Subpart E - SOURCE SELECTION AND CONTRACT FORMATION › Section 8.2005 - General Provisions

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Solicitation. A solicitation will contain forms that must be returned or may
				require completion in a prescribed format. If a form or format is prescribed,
				prospective vendors shall submit those forms as instructed.
b) Late Bids or Proposals, Late Withdrawals
				and Late Modifications
1) Any bid or proposal
				(including any modification, withdrawal or other procurement related
				submission) received after the time and date for receipt, or at other than the
				specified location, is late. A submission that is delivered to the wrong
				location but that is subsequently delivered to the correct location by the date
				and time specified shall not be considered to be late. Staff at the incorrect
				delivery location shall not be responsible for ensuring subsequent delivery.
				Delivery at the specified location and time shall be the sole responsibility of
				the bidder or offeror.
2) No late
				submission will be considered unless the SPO, and not a designee, determines it
				would have been timely but for the action or inaction of State personnel
				directly serving the procurement activity (e.g., providing the wrong address).
				It is the responsibility of the bidder or offeror to ensure delivery at the
				time and to the place specified. A vendor that submits a late response will be
				notified and given the opportunity to retrieve the submission at its cost. Late
				submissions not returned to the vendor will be destroyed after all related
				procurement activity is complete and the resulting contract has been
				executed.
3) Records shall be made
				and kept for each late bid or proposal, late modification, or late withdrawal.
				The record shall include time of receipt, method of delivery (e.g.,
				hand-delivered, overnight mail), name of vendor and person making delivery, and
				a brief description of the circumstances, if known, that caused the delivery to
				be late.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 8 - CHIEF PROCUREMENT OFFICER FOR THE CAPITAL DEVELOPMENT BOARD › Subpart E - SOURCE SELECTION AND CONTRACT FORMATION › Section 8.2010 - Competitive Sealed Bidding

Current through Register Vol. 48, No. 28, July 12, 2024
a) Application. Except as provided, unless an
				exception authorized by the Code and this Part exists, CDB contracts for
				construction projects shall be procured by competitive sealed bidding in
				accordance with Section 20-10 of the Code and this Section. Solicitations for
				bids shall be in conformance with the Code and this Part, and, in exigent
				circumstances for a specific procurement, with CPO Notices. Contracts shall be
				awarded in accordance with those authorities and with the provisions set forth
				in the SDC unless otherwise specified in the advertisement for bids published
				in the Procurement Bulletin, or as authorized by law or policies governing bid
				matters that are expressed in the SDC relating to the Invitations for Bid
				process.
b) Invitations for Bids
1) Use. An IFB is used to initiate a
				competitive sealed bid procurement.
2) Content. An IFB shall include, at a
				minimum, the following:
A) instructions and
				information to potential bidders concerning the bid submission requirements,
				including the time and date set for receipt of bids, the address of the
				location to which bids are to be delivered, the name of the bid officer, and
				the bid firm date;
B) the project
				description, instruction as to where the comprehensive purchase description
				(also known as "bid documents") may be obtained, delivery or performance
				schedule, and such inspection and acceptance requirements as are not included
				in the project description;
C) the
				contract terms and conditions, including warranty and bonding or other security
				requirements, as applicable, and State mandated certifications; and
D) A form or format that will specify or
				organize the manner of price submission and that the bidder shall submit along
				with all other necessary submissions, including disclosure forms.
3) Delivery Related Costs. Unless
				otherwise provided in the solicitation, the bid price includes transportation,
				transit insurance, delivery, installation and any other costs.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 8 - CHIEF PROCUREMENT OFFICER FOR THE CAPITAL DEVELOPMENT BOARD › Subpart E - SOURCE SELECTION AND CONTRACT FORMATION › Section 8.2020 - Small Purchase Limits

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Small Purchase Limits
1) As authorized by law
				and under the jurisdiction of the CPO-CDB, individual contracts for
				construction, construction-related services, construction-related professional
				services, and construction management supplies or services not exceeding the
				following thresholds (hereinafter, "small purchase limit") may be made without
				notice or competition or use of other method of procurement as follows:
A) Procurements for construction-related
				professional services with an estimated basic professional services fee of less
				than $25,000;
B) Procurements for
				construction management contracts of less than $25,000;
C) Procurements for construction and
				construction-related services of less than $100,000.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 8 - CHIEF PROCUREMENT OFFICER FOR THE CAPITAL DEVELOPMENT BOARD › Subpart E - SOURCE SELECTION AND CONTRACT FORMATION › Section 8.2025 - Sole Economically Feasible Source Procurement

Current through Register Vol. 48, No. 28, July 12, 2024
a) Application. The provisions of this Part
				apply to procurement from a sole economically feasible source (referred to as
				"sole source") unless the estimated amount of the procurement is within the
				limit authorized in Section
				8.2020
				(Small Purchases) or unless emergency conditions exist as defined in Section
				8.2030
				(Emergency Procurements), in which case those other procedures may be
				used.
b) Conditions for Use of Sole
				Source Procurement. Sole source procurement is permissible when a requirement
				is available from only a single supplier or when only one supplier or service
				provider is deemed economically feasible. A requirement for a particular
				proprietary item does not justify a sole source procurement if there is more
				than one vendor authorized to provide that item. The following are examples of
				circumstances that could necessitate sole source procurement (but are not
				exhaustive):
1) compatibility of equipment,
				accessories, replacement parts or service is a paramount
				consideration;
2) items are needed
				for trial use or testing of that specific product or service;
3) non-competitive public utility
				services;
4) item is copyrighted or
				patented and the item or service is not available except from the holder of the
				copyright or patent;
5) contract
				has expired, but the supplies or services have not been fully
				provided;
6) Federal or State grant
				requires contract with named vendor;
7) changes to existing contracts (see
				subsection (c)).
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 8 - CHIEF PROCUREMENT OFFICER FOR THE CAPITAL DEVELOPMENT BOARD › Subpart E - SOURCE SELECTION AND CONTRACT FORMATION › Section 8.2030 - Emergency Procurements

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Authority to Make Emergency Procurements. The provisions of this Section apply
				to every procurement over the small purchase limit set in Section
				8.2020 made
				under emergency conditions. The CPO shall have the authority to make emergency
				procurements when an emergency condition arises and the need cannot be met
				through normal procurement methods.
b) Statutory Emergency Conditions exist:
1) if there exists a threat to public health
				or public safety;
2) when immediate
				expenditure is needed for repairs to State property in order:
A) to protect against further loss or damage
				to State property;
B) to prevent or
				minimize serious disruption in critical State services that affect health,
				safety, or collection of substantial State revenues; or
C) to ensure the integrity of State
				records.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 8 - CHIEF PROCUREMENT OFFICER FOR THE CAPITAL DEVELOPMENT BOARD › Subpart E - SOURCE SELECTION AND CONTRACT FORMATION › Section 8.2036 - Other Methods of Source Selection

Current through Register Vol. 48, No. 28, July 12, 2024
a) Single-Prime. In accordance with Section
				30-30 of the Code and subject to prior approval of the Procurement Policy
				Board, CDB may, on certain projects, retain one contractor to provide all
				subdivisions of the work necessary to complete the construction contract. Use
				of this method requires prior written approval of the CPO. The CPO's review and
				approval shall be limited to compliance with the requirements of Section
				30-30(i) through (vii) of the Procurement Code.
b) Design-Build. In accordance the
				Design-Build Procurement Act, CDB may use the design-build delivery method for
				certain projects, provided it first makes a written determination that it is in
				the best interest of the State to enter into a design-build contract. This
				written determination must include a description of particular advantages of
				the design-build method.
c)
				Construction-related professional services shall be procured in accordance with
				the QBS Act, Subpart M of this Part and, to the extent not inconsistent with
				QBS and Subpart M, the remainder of this Part and any related rules of the
				Board.
d) Construction management
				services shall be procured in accordance with Subpart N of this Part, and, to
				the extent not inconsistent with Subpart N, the remainder of this Part and any
				related rules of the Board.
e)
				Federal Requirements. If a project is funded with federal aid funds, grants or
				loans or is otherwise subject to federal requirements, the funded procurements
				shall be conducted in accordance with federal requirements that are necessary
				to receive or maintain those federal aid funds, grants or loans or to remain in
				compliance with federal requirements.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 8 - CHIEF PROCUREMENT OFFICER FOR THE CAPITAL DEVELOPMENT BOARD › Subpart E - SOURCE SELECTION AND CONTRACT FORMATION › Section 8.2037 - 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, in the case of bids, identical in price, and, in the case of proposals,
				identical in rank after evaluation.
b) Tie bids or proposals will be resolved as
				follows:
1) If the tied vendors include only
				one Illinois resident vendor, the Illinois resident vendor shall be given the
				award. "Illinois resident vendor" has the meaning ascribed in Section
				8.4510
				(Resident Vendor Preference).
2) In
				all other situations, the award shall be made by the toss of a coin, properly
				witnessed and recorded, unless CDB requests and documents, and the SPO
				determines that awarding to one of the vendors is in the State's best interest
				because, for example, that vendor:
A) is
				likely to be more reliable or responsive to the State's needs, based on past
				performance;
B) provides a better
				quality of the supply or service as demonstrated by performance evaluations on
				file prior to bidding, or such similar evidence;
C) provides quicker delivery; or
D) in the case of proposals, because of a
				desire to take advantage of the lower price.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 8 - CHIEF PROCUREMENT OFFICER FOR THE CAPITAL DEVELOPMENT BOARD › Subpart E - SOURCE SELECTION AND CONTRACT FORMATION › Section 8.2038 - Modification or Withdrawal of Bids or Proposals

Current through Register Vol. 48, No. 28, July 12, 2024
a) Modification or Withdrawal A bidder or
				offeror may withdraw or modify a bid or proposal if notice of the withdrawal or
				modification is received by the bid officer before the latest time specified
				for receipt of bids or proposals. Any modification or withdrawal, however, must
				be made in writing and conveyed directly to the bid officer prior to the
				scheduled bid or proposal opening. The SPO may allow all modifications or
				withdrawals by printed form conveyed by electronic mail or fax. Method of
				submittal of withdrawal and modification must be included in the bid documents
				including any specific fax numbers or e-mail addresses.
1) Withdrawal of bids or proposals after bid
				or proposal opening will not ordinarily be permitted. A thorough analysis of
				the request for withdrawal of bid or proposal, including a recommendation to
				approve or deny the request, must be provided to the SPO. In cases in which, in
				the judgment of the SPO, based on credible, clear and concise evidence, the
				bidder or offeror has made a bona fide error in the preparation of the bid or
				proposal and that error will result in a substantial loss to the bidder or
				offeror, a withdrawal may be made at the SPO's discretion.
2) Minor Informalities or irregularities. A
				minor informality or irregularity is one that is a matter of form or pertains
				to some immaterial or inconsequential defect or variation from the exact
				requirement of the solicitation, the correction or waiver of which would not be
				prejudicial to the State (i.e., the effect on quality, quantity, delivery or
				contractual conditions is negligible). The bid officer shall waive these
				informalities or irregularities allowing correction if to allow such correction
				is in the best interests of the State. A record of minor informalities and
				irregularities shall be maintained in the Procurement File and is subject to
				review by the SPO during the award process. Examples of minor informalities as
				to form include the failure to:
A) return the
				required number of signed copies required by the IFB;
B) acknowledge receipt of an amendment to the
				solicitation, but only if:
i) it is clear
				from the bid that the offeror received the amendment and intended to be bound
				by its terms; or
ii) the amendment
				involved had a negligible effect on quantity, quality or delivery.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 8 - CHIEF PROCUREMENT OFFICER FOR THE CAPITAL DEVELOPMENT BOARD › Subpart E - SOURCE SELECTION AND CONTRACT FORMATION › Section 8.2039 - 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
				the other bidders or offerors.
b)
				Mistakes Discovered Before Opening. A vendor may correct mistakes discovered
				before the time and date set for opening by withdrawing or correcting the error
				in writing, or in person at the opening location, before the time and date set
				for opening.
c) Confirmation of
				Mistake After Opening. When the SPO knows or has reason to know that a mistake
				has been made, the SPO may 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 withdrawn if the conditions set forth in this Section, as applicable, are
				met.
1) Minor Informalities or
				Irregularities. A minor informality or irregularity is one that is a matter of
				form or pertains to some immaterial or inconsequential defect or variation from
				the exact requirement of the solicitation, 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 bid officer
				shall waive these informalities or irregularities allowing correction if to
				allow the correction is in the best interest of the State. A record of minor
				informalities and irregularities shall be maintained in the procurement file
				and is subject to review by the SPO during the award process. Examples of minor
				informalities as to form include the failure to:
A) return the required number of signed
				copies required by the IFB or RFP;
B) acknowledge receipt of an amendment to the
				solicitation, but only if:
i) it is clear from
				the bid 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 8 - CHIEF PROCUREMENT OFFICER FOR THE CAPITAL DEVELOPMENT BOARD › Subpart E - SOURCE SELECTION AND CONTRACT FORMATION › Section 8.2040 - Cancellation of Solicitations; Rejection of Bids or Proposals

Current through Register Vol. 48, No. 28, July 12, 2024
a) Policy. Any solicitation may be canceled
				before or after opening when the SPO believes cancellation to be in the State's
				best interest. An SPO may request from CDB any information necessary to assist
				the SPO in reaching a determination of whether cancellation is in the State's
				best interest. Nothing shall compel the award of a contract.
b) Cancellation of Solicitation; Rejection of
				All Bids or Proposals
1) A solicitation may be
				canceled in whole or in part when the SPO determines in writing that the action
				is in the State's best interest for reasons including, but not limited to:
A) the State no longer requires the supplies
				or services;
B) the State no longer
				can reasonably expect to fund the procurement;
C) proposed amendments to the solicitation
				would be of such magnitude that a new solicitation is desirable;
D) ambiguous or otherwise inadequate
				specifications;
E) the solicitation
				did not provide for consideration of all factors of significance to the
				State;
F) prices potentially exceed
				available funds and it would not be appropriate to adjust quantities to come
				within available funds;
G) all
				otherwise acceptable bids or proposals received are at clearly unreasonable
				prices; or
H) there is reason to
				question whether the bids or proposals may not have been independently arrived
				at in open competition, may have been collusive, or may have been submitted in
				bad faith.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 8 - CHIEF PROCUREMENT OFFICER FOR THE CAPITAL DEVELOPMENT BOARD › Subpart F - PREQUALIFICATION AND RESPONSIBILITY › Section 8.2045 - Vendor Prequalification and Responsibility

Current through Register Vol. 48, No. 28, July 12, 2024
Prequalification constitutes a preliminary determination of
				  responsibility requisite for a vendor to be eligible to bid or submit
				  proposals. Prequalification is not a binding final determination of a vendor's
				  responsibility. All entities required to be prequalified shall be prequalified
				  in accordance with Subparts V, W and X. Responsibility shall be considered by
				  the SPO prior to making an award or signing a contract in accordance with
				  Section
				  8.2046.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 8 - CHIEF PROCUREMENT OFFICER FOR THE CAPITAL DEVELOPMENT BOARD › Subpart F - PREQUALIFICATION AND RESPONSIBILITY › Section 8.2046 - Responsibility and Ineligibility

Current through Register Vol. 48, No. 28, July 12, 2024
a) Application. Before making an award or
				signing a contract, the SPO must be satisfied the prospective vendor is
				responsible. CDB's recommendation to award a contract shall include a
				determination of responsibility. If there is doubt about responsibility, a
				vendor may be denied an award. If additional bonding or other security would
				adequately protect the State's interests, then that vendor may receive an award
				or contract upon receipt of the bond or other security.
b) Standards of Responsibility. Factors to be
				considered in determining whether the standard of responsibility has been met
				include, but are not limited to, whether a prospective vendor:
1) has available the appropriate financial,
				material, equipment, facility and personnel resources and expertise, or the
				ability to obtain and manage this expertise, necessary to indicate its
				capability to meet all contractual requirements. CDB shall not recommend a
				determination of responsibility for any vendor who has the appearance of being
				a broker, rather than a conventional business. In determining whether a vendor
				is a broker or a vendor with inadequate resources, CDB may consider one or more
				of the following:
A) whether the vendor
				maintains and works from a separate conventional office which is not a
				residence or offices for other businesses;
B) whether the vendor maintains a full-time
				office with professional and/or construction staff consisting of clerical,
				managerial, and supervisory personnel;
C) whether key persons with the vendor have
				an educational and work experience background that makes the key persons
				sufficiently expert and knowledgeable to carry out CDB construction
				projects;
D) whether the vendor
				owns equipment, tools, machinery, materials or supplies used on construction
				projects;
E) whether the contractor
				has financial resources related to or generated by the construction
				business;
F) whether the vendor has
				historically subcontracted for a percentage of the work in construction
				contracts exceeding the requirements of CDB contracts;
G) whether key persons with the vendor are
				engaged in non-construction businesses;
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 8 - CHIEF PROCUREMENT OFFICER FOR THE CAPITAL DEVELOPMENT BOARD › Subpart G - BID, PROPOSAL AND PERFORMANCE SECURITY › Section 8.2047 - Security Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Vendors shall furnish security as specified in the solicitation or contract.
				The cost of providing security will be borne by the vendor unless otherwise
				stated in the solicitation.
b)
				Security, unless otherwise specified, may be in the form of cashier's check,
				certified check, money order, or irrevocable letter of credit or bond. Any bond
				must be issued by a surety company authorized to do business in the State of
				Illinois and meeting the requirements set forth in the Standard Documents for
				Construction.
c) Unless the amount
				is set by law, CDB 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 or for
				similar reasons.
e) Bid Bond
1) The bid bond will be used to ensure the
				bidder or offeror meets all obligations imposed under the solicitation,
				including the obligation to keep the price or bid vendor for as long a period
				as specified in the solicitation to enter into a contract and the obligation to
				file a performance security. If required, when the contract is awarded, CDB may
				retain the bid security as damages if the bidder fails to meet its
				obligations.
2) The bid bond will
				be returned to the vendor as soon as is practicable after the bid or proposal
				opening. The three lowest qualified vendors' bond will be returned as soon as
				possible after the contract is awarded or, if performance bond is required, as
				soon as the successful vendor has filed acceptable performance bond. Bond will
				be returned to the unsuccessful vendors upon expiration of the bid/proposal
				vendor time or execution of the contract, whichever is earlier.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 8 - CHIEF PROCUREMENT OFFICER FOR THE CAPITAL DEVELOPMENT BOARD › Subpart H - SPECIFICATIONS AND SAMPLES › Section 8.2050 - Specifications and Samples

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Responsibilities Regarding Specifications. Subject to the SPO's approval, the
				CDB shall have necessary specifications drafted.
b) Development of Specifications
1) All procurements shall be based on
				specifications developed in accordance with CDB's Design and Construction
				Manual that accurately reflect the State's needs. Specifications shall clearly
				and precisely describe the salient technical or performance requirements and
				shall be written in such a manner as to describe the requirements to be met,
				without being unduly restrictive or having the effect of exclusively requiring
				a particular brand name, a proprietary supply or service, or procurement from a
				sole source, unless no other manner of description will suffice.
2) Any specifications or standards adopted by
				business, industry, not-for-profit organization or governmental unit may be
				incorporated by reference. Specifications for a construction project shall
				include reference to the minimum Green Building Act requirements for the
				project.
3) A specification may
				provide alternate descriptions when two or more design, functional or
				performance criteria will satisfactorily meet the State's
				requirements.
4) Article 45 of the
				Illinois Procurement Code shall be considered and applied when required or
				appropriate.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 8 - CHIEF PROCUREMENT OFFICER FOR THE CAPITAL DEVELOPMENT BOARD › Subpart I - CONTRACTS › Section 8.2055 - 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 may 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 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 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.
2) The application of such things as overhead
				and profit to the price of a subcontract is not a
				cost-plus-a-percentage-of-cost contract.