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 O - ETHICS › Section 4.5039 - 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 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) Reportable communications
do not
				include the following:
A)
statements made by a person publicly in a public forum.
However, communications made in a public forum, if 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;
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-HE, SPOs, PCMs and other CPO-HE
				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:
i)
an IFB, RFI, RFP, Request for
				Qualifications, small purchase, sole source or emergency procurement;
				or
ii)
questions
				or answers posted to the Bulletin to supplement the procurement action,
				provided that the communications are made in accordance with instructions
				contained in the procurement solicitation, procedures, or guidelines;
F)
Communications that are privileged, protected or confidential under
				law; and
G)
Communications that are part of a formal procurement process as set out
				by statute, rule, or 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 or offers;
v)
the finalization of contract terms
				and conditions with an awardee or apparent awardee; and
vi)
any other similar formal
				procurement process.