Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1400 - PROCUREMENT › Subpart A - GENERAL › Section 1400.520 - Definition of Terms

Current through Register Vol. 48, No. 28, July 12, 2024
Each term listed in this Section has the meaning below unless
				  its use clearly requires a different meaning. Terms may be defined in
				  particular Sections for use in those Sections.
"Award" - The determination that a particular vendor has been
				  selected from among other potential vendors to enter into negotiations for the
				  purpose of finalizing a contract.
"Bid" - A response to an Invitation for Bids.
"Bidder" - The person or entity submitting a bid.
"Brand Name or Equal Specification" - A specification that
				  uses one or more manufacturer's names or catalogue numbers to describe the
				  standard of quality, performance, and other characteristics needed to meet
				  Treasurer's office requirements, and that allows the submission of equivalent
				  products.
"Brand Name Specification" - A specification limited to one
				  or more items by manufacturer's names or catalogue numbers.
"Code" means the Illinois Procurement Code [30 ILCS
				  500 ].
"Chief Legal Counsel" - An attorney for the Treasurer's
				  office who reports directly to the Chief of Staff and is primarily responsible
				  for the legal functioning of the Treasurer's office.
"Chief of Staff" - The Chief of Staff for the Treasurer's
				  office.
"Chief Procurement Officer" - The employee of the Treasurer's
				  office who is appointed by the Treasurer to be primarily responsible for the
				  procurement of all goods and services by the Treasurer's office.
"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 when the State is the lessee; or
for
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, as used in 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, or contracts related to bonds
				  issued by or on behalf of a State agency when the contractor or vendor is
				  neither selected nor paid by the Treasurer's office.
"Contract Award" - Except as otherwise defined in this Part
				  for specific categories of procurements, the day that a Notice of Award is
				  posted on the Treasurer's website, confirming that a particular vendor has been
				  selected from among other potential vendors to receive a contract, subject to
				  the successful completion of final negotiations.
"Contractor" or "Vendor" - The terms contractor and vendor
				  are used interchangeably for purposes of this Part. When appropriate, the term
				  "vendor" shall also include subcontractors.
"Day" - Calendar day as opposed to business day. In computing
				  any period of time, the day of the event from which the designated period of
				  time begins to run is not included, but the last day of the period is included
				  unless it is a Saturday, Sunday, or a State holiday, in which event the period
				  runs to the end of the next business day.
"Deputy Treasurer" - An individual with the title Deputy
				  Treasurer, appointed by the Treasurer, who reports directly to the
				  Treasurer.
"Emergency Statement" - The statement filed setting forth the
				  actual or estimated amount expended, the name of the contractor involved, and
				  the conditions and circumstances requiring the emergency procurement.
"Invitation for Bids" or "IFB" - A document prepared and
				  distributed by the Treasurer's office soliciting bids for the provision of
				  goods or services to the Treasurer's office.
"Multiple Award"
-
An award that is
				  made to 2 or more bidders or offerors for similar supplies, services, or
				  construction-related services.
[30 ILCS
				  500/1-15.48 ]
"Offer" - A bid, proposal, or response solicited by the
				  Treasurer's office.
"Offeror" - The person or entity submitting a bid, proposal
				  or response solicited by the Treasurer's office.
"Procurement Review Board" - A board composed of the Chief of
				  Staff, the Chief Legal Counsel, and the Deputy Treasurer for the Treasurer's
				  office. Where one of the above positions is vacant, designees may be appointed
				  by the following:
Chief of Staff,
Deputy Treasurer, if the Chief of Staff position is vacant,
				  or
Chief Legal Counsel, if both Deputy Treasurer and Chief of
				  Staff positions are vacant.
"Professional and Artistic Services" - Those services
				  provided under contract to
the Treasurer's office
by a person
				  or business, acting as an independent contractor, qualified by education,
				  experience, and technical ability
. [30 ILCS
				  500/1-15.60 ]
"Proposal" - A response to a Request for Proposals.
"Proposer" - The person or entity submitting a
				  proposal.
"Purchasing Officer" - One or more employees of the
				  Treasurer's office that serve at the direction of the Chief Procurement Officer
				  and are responsible for coordinating the procurement activity of the
				  Treasurer's office.
"Request for Information" or "RFI" - The process of
				  requesting information from interested parties to aid the Treasurer's office 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 "RFI-Real
				  Property Leases" - The process of seeking proposals for leases of real property
				  or capital improvements.
"Request for Proposals" or "RFP" -
The process by
				  which
the Treasurer's office
requests information from
				  offerors, including all documents, whether attached or incorporated by
				  reference, used for soliciting proposals
for the provision of goods or
				  services to the Treasurer's office. [30 ILCS
				  500/1-15.75 ]
"Respondent" - The person or entity submitting a response to
				  a Request for Information or a Request for Proposals from the Treasurer's
				  office.
"Response" - A response to a Request for Information.
"Responsible Bidder, Proposer or Respondent" - A person or
				  entity that is capable in all respects of performing fully the contract
				  requirements and has the integrity and reliability that will assure good faith
				  performance.
"Responsive Bidder" - A person or entity that has submitted a
				  bid conforming in all material respects to an Invitation for Bids or Request
				  for Proposal.
"Small Business Specialist" - An employee of the Treasurer's
				  office who is responsible for assisting small businesses in submitting offers
				  to the Treasurer's office for the provision of goods and services.
"Solicitation" - An Invitation for Bids, Request for
				  Proposals or Request for Information.
"Solicitation Date" - The date that bids or proposals are
				  solicited for the provision of goods or services to the Treasurer's office by
				  communicating the solicitation orally, depositing the solicitation in the U.S.
				  Mail or posting the solicitation electronically, whichever occurs first.
"Specification" -
Any description of the physical,
				  functional or performance characteristics or of the nature of a supply, a
				  service,
or construction items. A specification includes, as
				  appropriate, requirements for inspecting, testing, or preparing a supply, a
				  service, or construction item for delivery. [30 ILCS
				  500/1-15.95 ]
"Subcontract"
means a contract between a person and a
				  person who has a contract subject to this
Part
, pursuant to
				  which the subcontractor provides to the contractor, or, if the contract price
				  exceeds the small purchase maximum
then in effect pursuant to Section
				  1400.2020(a)
, 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 this
Part
, 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"
means a person or entity that enters
				  into a contractual agreement with a total value that exceeds
the small purchase maximum
then in effect pursuant to Section
				  1400.2020(a)
with a person or entity who has a contract subject to this
Part
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 this
Part
, 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 this
Part
.
[30 ILCS
				  500/1-15.108 ]
"Treasurer's Web Site" - The Web Site of the Office of the
				  Illinois State Treasurer at
www.illinoistreasurer.gov
or
				  successor.