reglab/statecodes huggingface dataset:
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 1.5015 - Negotiations for Future Employment

Current through Register Vol. 48, No. 28, July 12, 2024
a) It is unlawful for any person employed in
				or on a continual contractual relationship with any of the offices or agencies
				of State government to participate in contract negotiations on behalf of that
				office or agency with any firm, partnership, association or corporation with
				whom that person has a contract for future employment or is negotiating
				concerning possible future employment. [30 ILCS
				500/50-15(a) ]
b) An individual who performs services
				pursuant to a contract and who meets the requirements of an "employee" as
				opposed to an independent contractor is in a "continual contractual
				relationship" from the effective date of the contract until such time as the
				contract is terminated.
c) An
				individual who performs services pursuant to a contract and who meets the
				requirements of an "independent contractor" as opposed to an "employee" is in a
				"continual contractual relationship" if the contract term is indefinite, is
				automatically renewed, is renewable at the individual's option, is renewable
				unless the State must act to terminate, or has a definite term of at least
				three months.
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 1.5020 - Exemptions

Current through Register Vol. 48, No. 28, July 12, 2024
If the SPO finds a conflict of interest under Section 50-13
				  of the Code with the vendor selected for award or contract negotiations, the
				  SPO shall forward to the CPO-GS the name of the vendor and a description of the
				  proposed contract and of the conflict, and shall state why an exemption should
				  be granted. The CPO-GS shall decide whether to disapprove the contract or
				  submit the files to the Executive Ethics Commission to determine whether an
				  exemption should be granted in accordance with Section 50-20 of the Code. The
				  CPO-GS may request the State agency's position on the conflict of interest to
				  assist in the CPO-GS' decision.
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 1.5021 - Bond Issuances

Current through Register Vol. 48, No. 28, July 12, 2024
a
				Definitions. For the purposes of this Section
				1.5021, the
				following listed terms shall have the same meaning as in the Code and as
				further defined in this subsection (a).
1
				"Entity" means brokers, dealers and municipal securities dealers as defined in,
				and subject to, Rule G-37 and Rule G-38 of the Municipal Securities Rulemaking
				Board (MSRB).
2 "Independent
				Consultant" means a person used by the entity to obtain or retain securities
				business through direct or indirect communication by the person with a State
				official or employee (including an official or employee of the State agency) on
				behalf of the entity when the communication is undertaken by the person in
				exchange for or with the understanding of receiving payment from the entity or
				other person. Independent Consultant does not include:
A a finance professional employed by the
				entity; or
B a person whose sole
				basis of compensation from the entity is the actual provision of legal,
				accounting or engineering advice, services or assistance in connection with the
				securities business that the entity seeks to obtain or retain. [30 ILCS
				500/50-21(a) ]
3 "Issuance of bonds or other securities by
				the State agency" means the purchase or placement on other than a competitive
				bid of a primary offering of the State agency's general obligation municipal
				securities.
4 "Issuance by the
				State agency" means the issuance of bonds or other securities by the State
				agency when acting as a governmental issuer specified in MSRB Rule
				G-37.
5 "MSRB Rule G-37" and "MSRB
				Rule G-38" refer to the Municipal Securities Rulemaking Board rules in effect
				on August 6, 2012, or any successor rules adopted by the MSRB on the same
				subject after August 6, 2012, as provided in Section 50-21(b) and (c) of the
				Code. MRSB Rule 37 went into effect April 25, 1994, and MRSB Rule G-38 went
				into effect on August 29, 2005. Copies of G-37 and G-38 are available to the
				public at the MSRB website:
http://www.mrsb.org
, at the United States
				Security and Exchange Commission's website:
http://sec.gov
, and at the office of the CPO-GS.
				(See
				30 ILCS 500/50-21(b) and
				(c).)
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 1.5023 - Other Conflicts of Interest

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Except as otherwise specified in the Public Officer Prohibited Activities Act
				[50 ILCS 105 ], no officer of a State agency or member of a State agency's
				governing board shall be directly or indirectly interested in any contract to
				be made by that State agency's governing board for any purposes
				whatsoever.
b) Except as otherwise
				specified in the Public Officer Prohibited Activities Act, a State agency may
				not award a contract to an officer or employee of the State agency; a member of
				the State agency's governing board; a firm, partnership, association or
				corporation, the owner or principal owners or major officers or primary
				employees of which are officers or employees of the State agency or members of
				the governing board of the State agency; or members of the immediate family of
				an officer or employee of the State agency or a member of the governing board
				of the State agency, unless the contract is deemed essential to the State
				agency operations and is approved by the State agency's head and the CPO-GS.
				These approvals shall be filed with the contract and shall be made part of the
				procurement file.
c) Any State
				agency that has its owns policies regarding procurement conflict of interest
				relative to its own employees must provide notice of any potential conflict of
				interest to the SPO along with the State agency's policy. This information may
				be used by the SPO when considering whether to award a contract.
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 1.5030 - Revolving Door Prohibition

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				CPOs, SPOs,Procurement Compliance Monitors, their designees whose principal
				duties are directly related to State procurement, and executive officers
				confirmed by the Senate are expressly prohibited for a period of 2 years after
				terminating an affected position from engaging in any procurement activity
				relating to the State agency most recently employing them in an affected
				position for a period of at least 6 months. The prohibition includes but is not
				limited to: lobbying the procurement process; specifying, bidding, proposing
				bid, proposal, or contract documents; on their own behalf or on behalf of any
				firm, partnership, association, or corporation. This prohibition applies to all
				persons who terminate an affected position on or after January 1, 1999.
				[30 ILCS
				500/50-30 ]
b) The CPO-GSs shall identify in writing
				those designees whose job, or whose position description, is at least 51%
				directly related to procurement. Activities directly related to procurement
				include, but are not limited to, drafting specifications, preparing
				solicitations, evaluating offers, negotiating contracts, administering
				contracts and supervising any of the foregoing. This information shall be
				maintained for a period of at least 2 years following the end or revocation of
				the designation.
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 1.5035 - Disclosure of Financial Interests and Potential Conflicts of Interest

Current through Register Vol. 48, No. 28, July 12, 2024
a)
Disclosures
				of financial interests and potential conflicts of interest shall be obtained
				for all submissions to a vendor portal and from all bidders, offerors, vendors,
				or contractors.
[30
				ILCS 500/50-35(a) ]
1) For purposes of Section 50-35(a) of the
				Code, "a bid, offer or response from responsive bidders, offerors, respondents,
				vendors, or contractors" means bids, offers, and quotes received pursuant to
				any source selection method, except for sole source and emergency procurements,
				and that has an annual value of more than $50,000.
2) Disclosures are not required in sole
				source and emergency contracts, but shall be obtained in whole or in part when
				practical and when the annual value exceeds $50,000.
3) Disclosures shall be obtained for small
				purchases exceeding $50,000 annually, except as otherwise provided in this
				Section. If a small purchase could qualify as an emergency or sole source,
				disclosures shall be obtained when practical.
4) In circumstances in which the vendor
				refuses or is unable to provide disclosures, the SPO may authorize the State
				agency to move forward with the transaction. In granting that authorization,
				the State agency must provide documentation of efforts to obtain compliance in
				a form prescribed by the PPB and CPO-GS.
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 1.5036 - Disclosures of Business in Iran

Current through Register Vol. 48, No. 28, July 12, 2024
a) Each bid, offer or proposal submitted for
				a State contract, other than a small purchase, shall include a disclosure of
				whether the bidder, offeror or proposing entity, or any of its corporate
				parents or subsidiaries, within the 24 months before submission of the bid,
				offer or proposal had business operations that involved contracts with, or
				provision of supplies or services to, the Government of Iran, companies in
				which the Government of Iran has a direct or indirect equity share, consortiums
				or projects commissioned by the Government of Iran, or companies involved in
				consortiums or projects commissioned by the Government of Iran and:
1) More than 10% of the company's revenue
				produced in or assets allocated in Iran involve oil-related activities or
				mineral extraction activities; less than 75% of the company's revenues produced
				or assets located in Iran involve contracts with or provision of oil-related or
				mineral-extraction products or services to the Government of Iran or a project
				or consortium created exclusively by that government; and the company has
				failed to take substantial action; or
2) The company has, on or after August 5,
				1996, made an investment of $20 million or more, or any combination of
				investments of at least $10 million each that in the aggregate equals or
				exceeds $20 million in any 12-month period, that directly or significantly
				contributes to the enhancement of Iran's ability to develop petroleum resources
				of Iran. [30 ILCS
				500/50-36(b) ]
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 1.5037 - Vendor Registration, Certification and Prohibition on Political Contributions

Current through Register Vol. 48, No. 28, July 12, 2024
a) Introduction
1) Illinois statute [10 ILCS
				5/9-35 and 30 ILCS 500/20-160 and 50-37]:
A) restricts political contributions by
				vendors, affiliated persons, and affiliated entities;
B) requires registration with the State Board
				of Elections (SBEL); and
C)
				requires solicitation and contract certifications relative to the requirements
				of the statutes.
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 1.5038 - Lobbying Restrictions

Current through Register Vol. 48, No. 28, July 12, 2024
a) A
				person or business that is let or awarded a contract is not entitled to receive
				any payment, compensation or other remuneration from the State to compensate
				the person or business for any expenses related to travel, lodging, or meals
				that are paid by the person or business to any officer, agent, employee,
				consultant, independent contractor, director, partner, manager or shareholder.
				[30 ILCS
				500/50-39(a) ]
b) Disclosure
1) Any bidder or offeror on a State contract
				that hires a person required to register under the Lobbyist Registration Act
				[25 ILCS 170 ] to assist in obtaining a contract shall:
A) Disclose all costs, fees, compensation,
				reimbursement and other remunerations paid or to be paid to the lobbyist
				related to the contract;
B) Not
				bill or otherwise cause the State of Illinois to pay for any of the lobbyist's
				costs, fees, compensation, reimbursements or other remuneration;
C) Sign a verification certifying that none
				of the lobbyist's costs, fees, compensation, reimbursements or other
				remuneration were billed to the State.
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 1.5055 - Supply Inventory

Current through Register Vol. 48, No. 28, July 12, 2024
State agencies shall manage their inventory of supplies in
				  compliance with the 12-month inventory restriction of Section 50-55 of the
				  Code.
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 1.5060 - Prohibited Bidders and Contractors

Current through Register Vol. 48, No. 28, July 12, 2024
a Unless otherwise provided, no business
				shall bid or enter into a contract or subcontract if the business or any
				officer, director, partner, or other managerial agent of the business has been
				convicted of a felony under the Sarbanes-Oxley Act of 2002 (
				PL
				107-204 ) or a Class 3 or Class 2 felony under the
				Illinois Securities Law of 1953 [815 ILCS 5 ] for a period of 5 years from the
				date of conviction.
b Every bid
				submitted to and contract executed by the State and every subcontract subject
				to Section 20-120 of the Code shall contain a certification by the bidder,
				contractor, or subcontractor, respectively, that the bidder, contractor, or
				subcontractor is not barred from being awarded a contract or subcontract under
				this Section and acknowledges that the chief procurement officer shall declare
				the related contract void if any of the certifications pursuant to this
				subsection (b) are false. [30 ILCS
				500/50-10.5]
c A person or business that assists a State
				agency with writing specifications, developing evaluation criteria, or
				participating in evaluations of bids or proposals shall not submit a bid or
				proposal or receive a contract or subcontract for that procurement.
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 1.5065 - Lead Poisoning Prevention Act Violations

Current through Register Vol. 48, No. 28, July 12, 2024
Owners of residential buildings who have committed a willful
				  or knowing violation of the Lead Poisoning Prevention Act [410 ILCS 45 ] are
				  prohibited from doing business with the State of Illinois or any State agency,
				  or subcontracting, until the violation is mitigated. [30 ILCS
				  500/50-14.5]
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1 - CHIEF PROCUREMENT OFFICER FOR GENERAL SERVICES STANDARD PROCUREMENT › Subpart Q - CONCESSIONS › Section 1.5310 - Concessions

Current through Register Vol. 48, No. 28, July 12, 2024
a) A concession is an
				authorization allowing use of property for the purpose of selling directly or
				indirectly to the public. Concessions also include the assignment, license,
				sale or transfer of interests in or rights to discoveries, inventions, patents
				or copyrightable works.
b) All
				concessions of State property shall be awarded in accordance with the
				requirements of Article 20 of the Code. Contracts shall be awarded to the
				highest and best bidder or offeror.
c) Concession contracts shall be reduced to
				writing and shall include terms and conditions and concessionaire qualification
				requirements applicable to purchase contracts.
d) All proposed concession contracts must be
				filed with PPB in compliance with Section 5-30 of the Code.
e) Value for a concession contract means the
				estimated expected vendor's gross receipts resulting from the
				contract.
f) All concession
				contract awards shall be published, along with the value of the contract to the
				vendor.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1 - CHIEF PROCUREMENT OFFICER FOR GENERAL SERVICES STANDARD PROCUREMENT › Subpart Q - CONCESSIONS › Section 1.5350 - No-cost Contracts

Current through Register Vol. 48, No. 28, July 12, 2024
a) A
				no-cost contract is a contract that is paid for by those who use the supplies
				or services provided in the contract, not the State agency that procured the
				no-cost contract. An example of a no-cost contract would be a State agency's
				contract for fingerprint background checks that potential professional
				licensees must use, at their cost, to obtain a background check as part of
				their professional license application.
b) All no-cost contracts shall be awarded in
				accordance with the requirements of Article 20 of the Code.
c) Multiple awards are allowed. Persons may
				use any no-cost contract or no-cost joint purchase contract without further
				methodology for determining which vendor from among the multiple awardees will
				receive an order.
d) Value for a
				no-cost contract means the estimated expected vendor's gross receipts resulting
				from the contract.
e) All no-cost
				contract awards shall be published, along with the value of the contract to the
				vendor.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1 - CHIEF PROCUREMENT OFFICER FOR GENERAL SERVICES STANDARD PROCUREMENT › Subpart R - COOPERATIVE PURCHASING › Section 1.5400 - General

Current through Register Vol. 48, No. 28, July 12, 2024
a) The CPO-GS
may establish a joint purchasing and cooperative purchasing
				program.
[30 ILCS
				525/2 ]
b)
				This Subpart applies when the CPO-GS or a State agency and one or more Illinois
				governmental units, non-Illinois governmental units, qualified not-for-profit
				agencies, or members of a group purchasing organization, consortium, or
				cooperative, aggregate their needs to jointly procure supplies or
				services.
c) This Subpart describes
				and implements approved methods and requirements of source selection using
				governmental joint purchasing and non-governmental joint purchasing.
d) In the event of a conflict between this
				Subpart and the other Subparts, when the CPO-GS or a State agency and one or
				more Illinois governmental units, non-Illinois governmental units, qualified
				not-for-profit agencies, or members of a group purchasing organization,
				consortium or cooperative jointly procure supplies or services, this Subpart
				controls.
e) All joint and
				cooperative purchasing or procurement activities and contracts of the CPO-GS or
				a State agency must be authorized by the CPO-GS or designee, or must be
				approved by the CPO-GS or designee. All requests for joint purchasing
				authorization, at a minimum, shall state the parties to the joint or
				cooperative purchase and the availability of the resulting contract to other
				governmental units or qualified not-for-profit agencies.
f) Protests
1) When the CPO-GS or a State agency is the
				lead State entity, any person may submit a protest related to the notice of the
				procurement, the solicitation document, any pre-submission conference, and any
				decision to reject a late bid or offer.
2) When the CPO-GS or a State agency is the
				lead State entity, any person who has submitted a bid or offer may protest a
				decision to reject that person's bid or offer, or award to another bidder or
				offeror or person who submits a quote or submission.
3) When the CPO-GS or a State agency makes a
				business decision to piggyback, rather than use another procurement method, the
				piggyback cannot be protested.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1 - CHIEF PROCUREMENT OFFICER FOR GENERAL SERVICES STANDARD PROCUREMENT › Subpart R - COOPERATIVE PURCHASING › Section 1.5420 - Governmental Joint and Cooperative Purchasing

Current through Register Vol. 48, No. 28, July 12, 2024
a) The CPO-GS or designee may authorize any
				State agency to purchase supplies or services jointly with one or more Illinois
				governmental units, non-Illinois governmental units, or a group purchasing
				organization or cooperative or consortium of governmental units.
b) When the CPO-GS or a State agency is the
				lead state entity, all joint purchases shall be conducted as a small purchase,
				invitation for bids (IFB), request for proposals (RFP), or sole source or
				emergency purchase in accordance with the Code and this Part.
1) The CPO-GS may authorize a multiple award
				for IFB, RFP or concessions that are conducted as an IFB or RFP.
2) The solicitation, small purchase
				description, or sole source or emergency purchase justification shall state the
				intended availability of the resulting contract.
3) An emergency purchase shall follow Section
				1.2030,
				but the notice shall, at a minimum, provide that the CPO-GS authorize the joint
				purchase and the resulting availability of the contract.
4) Sole source shall follow Section
				1.2025,
				but the notice shall, at a minimum, provide that the CPO-GS authorize the joint
				purchase and the resulting availability of the contract.
5) The notice of award shall state the
				intended availability of the resulting contact (for example, all governmental
				units and qualified not-for-profit agencies, limited to named State agencies,
				limited to departments within governmental units).
6) When authorizing the joint purchase, the
				CPO-GS may designate the availability of the resulting contract (for example,
				all governmental units and qualified not-for-profit agencies, limited to named
				agencies, limited to departments within governmental units).
7) No-cost contracts conducted pursuant to an
				IFB shall be awarded to the vendors who provide the lowest priced
				bids.
8) No-cost contracts
				conducted pursuant to an RFP shall be awarded to the vendors who provide the
				highest overall scores.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1 - CHIEF PROCUREMENT OFFICER FOR GENERAL SERVICES STANDARD PROCUREMENT › Subpart R - COOPERATIVE PURCHASING › Section 1.5440 - Non-Governmental Joint Purchasing

Current through Register Vol. 48, No. 28, July 12, 2024
a) If the CPO-GS determines it is in the best
				interest of the State, a State agency may piggyback off a contract that has
				already been procured by one of the following:
1) Cooperative or consortium of educational,
				medical, research, or similar entities; or
2) Group purchasing organization of which the
				CPO-GS or State agency is a member or affiliate.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1 - CHIEF PROCUREMENT OFFICER FOR GENERAL SERVICES STANDARD PROCUREMENT › Subpart R - COOPERATIVE PURCHASING › Section 1.5460 - No Agency Relationship

Current through Register Vol. 48, No. 28, July 12, 2024
In any cooperative or joint purchase, each participant must
				  issue its own purchase order, accept its own deliveries, and make its own
				  payments. Neither the CPO-GS nor any State agency shall have any obligation to
				  the vendor for payment of orders placed by other governmental units or
				  qualified not-for-profit agencies.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1 - CHIEF PROCUREMENT OFFICER FOR GENERAL SERVICES STANDARD PROCUREMENT › Subpart R - COOPERATIVE PURCHASING › Section 1.5465 - Consortiums, Cooperatives, and Group Purchasing Organizations

Current through Register Vol. 48, No. 28, July 12, 2024
The CPO-GS shall review the practices and processes of
				  cooperatives, consortiums, and group purchasing organizations. The review may
				  include the following:
a) Financial
				disclosures and conflicts of interest.
b) Promotes contracts established by
				utilizing a competitive procurement practice.
c) Publicly available information regarding
				solicitation, award, and post-award documents, including contract, pricing and
				contract amendments.
d) No
				requirement on marketing the contracts of the cooperative, consortium, or group
				purchasing organization.
e) No
				requirement to execute contracts with vendors of the cooperative, consortium,
				or group purchasing organization.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1 - CHIEF PROCUREMENT OFFICER FOR GENERAL SERVICES STANDARD PROCUREMENT › Subpart R - COOPERATIVE PURCHASING › Section 1.5470 - Bulletin Content

Current through Register Vol. 48, No. 28, July 12, 2024
a) In
				addition to requirements in other Sections, at a minimum, the Notice of
				Solicitation shall state the parties to the joint purchase and the intended
				availability of the resulting contract.
b) In addition to requirements of other
				Sections, at a minimum, the Notice of Award shall state the availability for
				the resulting contract.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1 - CHIEF PROCUREMENT OFFICER FOR GENERAL SERVICES STANDARD PROCUREMENT › Subpart R - COOPERATIVE PURCHASING › Section 1.5475 - Vendor Portal and eProcurement

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Vendors with a cooperative, consortium, or group purchasing organization
				contract shall have an active registration in a vendor portal. These vendors
				with subcontractors that will deliver services or supplies to the CPO-GS or
				State agencies shall have an active registration in a vendor portal.
b) Vendors with a cooperative, consortium or
				group purchasing organization contract shall have a registration in the
				eProcurement system used by the CPO-GS.
c) The CPO or designee may waive the
				requirements of this Section.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1 - CHIEF PROCUREMENT OFFICER FOR GENERAL SERVICES STANDARD PROCUREMENT › Subpart S - PROTESTS › Section 1.5550 - Protests

Current through Register Vol. 48, No. 28, July 12, 2024
a) Procurement-Related
				Protests Allowed
1) Any person may submit a
				protest related to the notice of the procurement, the solicitation document,
				any pre-submission conference, and any decision to reject a late bid, proposal
				or response.
2) Any person who has
				submitted a bid, proposal or response may protest a decision to reject that
				person's bid, proposal, or response or the decision to award to another bidder,
				offeror or respondent.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1 - CHIEF PROCUREMENT OFFICER FOR GENERAL SERVICES STANDARD PROCUREMENT › Subpart T - SUSPENSION AND DEBARMENT › Section 1.5560 - Suspension and Debarment

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				This Subpart applies to all suspensions or debarments of vendors from
				consideration for award of contracts and being a subcontractor under the Code.
				For the purposes of this Subpart, all references to "vendors" includes
				subcontractors.
b) Causes for
				Suspension or Debarment. A vendor may be suspended or debarred from
				participation due to acts or omissions that indicate that the vendor lacks
				integrity and honesty in the conduct of business or the performance of
				contracts. Acts or omissions that indicate the lack of business integrity and
				honesty include, but are not limited to:
1)
				Fraud, bribery, embezzlement, theft, collusion, conspiracy, anti-competitive
				activity, or other misconduct and offenses prohibited by law, whether or not
				any such misconduct or offense is in connection with a State
				contract;
2) Making any false
				statement, including in a registration in a vendor portal and the e-Procurement
				system;
3) Violating any rule or
				procurement procedure or making a false statement in connection with this Part
				or procurement procedures;
4)
				Making a false statement, representation, claim or report regarding the
				character, quality, quantity, or cost of any work performed or supplies or
				materials furnished in connection with a contract or subcontract administered
				or supervised by a State agency; and
5) Being debarred or suspended by another
				State agency; the United States; a department or agency as defined by
				18 USC
				6; any of the 50 states of the United States;
				any State agency of the 50 states of the United States; any public authority in
				one of the 50 states of the United States that has the power to tax; or any
				other public entity created by the statutes of one of the 50 states of the
				United States.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1 - CHIEF PROCUREMENT OFFICER FOR GENERAL SERVICES STANDARD PROCUREMENT › Subpart U - VIOLATION OF STATUTE OR RULE › Section 1.5620 - Violation of Statute or Rule

Current through Register Vol. 48, No. 28, July 12, 2024
a) Determination that Solicitation or Award
				Violates Statute or Rule If the CPO-GS or the SPO finds that the solicitation
				or proposed award is in violation of statute or rule, the CPO-GS or SPO may
				cancel the solicitation or proposed award, or make modifications to correct the
				violation, if the correction may be legally accomplished.
b) Determination that Contract Violates the
				Code or this Part
1) If any contract or
				amendment to a contract is entered into, or purchase or expenditure of funds is
				made, at any time in violation of this Part or any other law, the contract or
				amendment may be declared void by the CPO-GS or may be ratified or affirmed,
				provided the CPO-GS determines that ratification is in the best interest of the
				State. If the contract is ratified and affirmed, it shall be without prejudice
				to the State's right to any appropriate damages.
2) If, during the term of a contract, the SPO
				determines that the contractor is delinquent in the payment of debt as set
				forth in Section 50-11 of the Code, the CPO-GS may declare the contract void if
				it determines that voiding the contract is in the best interest of the
				State.
3) If, during the term of a
				contract, the CPO-GS determines that the contractor or subcontractor no longer
				qualifies to enter into State contracts, the CPO-GS may declare the contract
				void if it determines that voiding the contract is in the best interest of the
				State.
However, the related contract shall not be declared void unless
				the contractor refuses to terminate the subcontract upon the State's request
				after a finding that the subcontractor no longer qualifies to enter into State
				contracts.
[30 ILCS
				500/50-60(e) ]
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1 - CHIEF PROCUREMENT OFFICER FOR GENERAL SERVICES STANDARD PROCUREMENT › Subpart V - HEARING PROCEDURES › Section 1.5700 - General

Current through Register Vol. 48, No. 28, July 12, 2024
Any hearing required by the Code or offered in this Subpart
				  shall be conducted in accordance with the procedures within this Subpart V,
				  unless otherwise provided for in another Subpart.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1 - CHIEF PROCUREMENT OFFICER FOR GENERAL SERVICES STANDARD PROCUREMENT › Subpart V - HEARING PROCEDURES › Section 1.5710 - Informal Process

Current through Register Vol. 48, No. 28, July 12, 2024
The hearing is for the purpose of receiving information from
				  interested persons in a reasonable manner. Formal rules of evidence will not
				  apply, nor will the hearing be conducted in the manner of a trial. The Hearing
				  Officer may record the hearing to aid in producing minutes or may use the
				  recording as the minutes.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1 - CHIEF PROCUREMENT OFFICER FOR GENERAL SERVICES STANDARD PROCUREMENT › Subpart V - HEARING PROCEDURES › Section 1.5720 - Hearing Officers

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The CPO-GS may appoint one or more Hearing Officers to conduct the hearing. If
				more than one Hearing Officer is assigned to conduct a hearing, one shall be
				designated as the Chief Hearing Officer.
b) The Hearing Officer may require that the
				SPO or authorized representative of a State agency attend a hearing or be part
				of the Hearing Panel.
c) The
				Hearing Officer will hear and consider information presented by interested
				persons and make a recommendation to the CPO-GS regarding the validity of the
				determination of the subject matter of the hearing.
d) The Hearing Officer shall be responsible
				for the orderly conduct of the hearing by exercising discretion in:
1) Scheduling, starting and ending the
				hearing;
2) Setting the order of
				activities;
3) Setting reasonable
				time limits for oral statements;
4)
				Resolving any conflicts that may arise during the hearing.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1 - CHIEF PROCUREMENT OFFICER FOR GENERAL SERVICES STANDARD PROCUREMENT › Subpart V - HEARING PROCEDURES › Section 1.5730 - Notice of Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a
				Notice that a hearing will be held as necessary to receive testimony or written
				comments regarding the subject matter identified in the notice will be
				published in the Bulletin. The hearing notice shall be published in the
				Bulletin as soon as practicable and in accordance with any statutory
				requirements.
b The hearing may be
				held as soon as the first working day following the end of the notice period.
				The notice shall contain the following information and may describe more than
				one matter to be considered at the same hearing:
1 The name of the affected parties (e.g.,
				State agency and vendor);
2 A
				description of the subject matter;
3 A justification for the action under
				review;
4 Requirements for
				testifying or submitting written comments;
5 Hearing contact information;
6 The date, time and location of the
				hearing;
7 A statement that all
				written comments and oral testimony shall be considered public record and open
				to review by the public;
8 A
				statement of, or reference to, this hearing procedure.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1 - CHIEF PROCUREMENT OFFICER FOR GENERAL SERVICES STANDARD PROCUREMENT › Subpart V - HEARING PROCEDURES › Section 1.5740 - Written Comments and Oral Testimony

Current through Register Vol. 48, No. 28, July 12, 2024
Any person wishing to comment for or against the
				  determination may do so in writing alone, may testify in person and may submit
				  written comments reflecting the oral testimony.
a Written Comments
1 Submission of Written Comments
Written comments are requested by the hearing registration
				  deadline, shown in the Bulletin notice. All written comments received by the
				  hearing date will be considered.
2 Incorporation of Written Comments
If the Hearing Officer has received any written comment, the
				  name and affiliation of the person submitting the comment shall be stated for
				  the record and the written comments shall be incorporated into the record. In
				  addition, the Hearing Officer may read excerpts from or summarize the basic
				  points of the written comments for the record.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1 - CHIEF PROCUREMENT OFFICER FOR GENERAL SERVICES STANDARD PROCUREMENT › Subpart V - HEARING PROCEDURES › Section 1.6530 - Centralized Contracts - Estimated Quantities (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1 - CHIEF PROCUREMENT OFFICER FOR GENERAL SERVICES STANDARD PROCUREMENT › Subpart V - HEARING PROCEDURES › Section 1.6535 - Centralized Contracts - Definite Quantities (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1 - CHIEF PROCUREMENT OFFICER FOR GENERAL SERVICES STANDARD PROCUREMENT › Subpart W - MISCELLANEOUS PROVISIONS OF GENERAL APPLICABILITY › Section 1.7000 - Severability

Current through Register Vol. 48, No. 28, July 12, 2024
If any provision of this Part or any application of it to any
				  person or circumstance is held invalid, that invalidity shall not affect other
				  provisions or applications of this Part that can be given effect without the
				  invalid provision or application and, to this end, the provisions of this Part
				  are declared to be severable.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1 - CHIEF PROCUREMENT OFFICER FOR GENERAL SERVICES STANDARD PROCUREMENT › Subpart W - MISCELLANEOUS PROVISIONS OF GENERAL APPLICABILITY › Section 1.7010 - Government Furnished Property

Current through Register Vol. 48, No. 28, July 12, 2024
If the State provides any property to the vendor in
				  furtherance of the contract, the property shall remain the property of the
				  State, but may be consumed by the vendor if necessary to complete the contract.
				  Vendor will issue a receipt for the property and will be responsible for its
				  safekeeping and for return of unused property to the State.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1 - CHIEF PROCUREMENT OFFICER FOR GENERAL SERVICES STANDARD PROCUREMENT › Subpart W - MISCELLANEOUS PROVISIONS OF GENERAL APPLICABILITY › Section 1.7015 - Inspections

Current through Register Vol. 48, No. 28, July 12, 2024
a Inspection of Plant
				or Site
The CPO-GS or a designee may enter a vendor's or
				  subcontractor's plant or place of business and, pursuant to contract
				  provisions, if any, to:
1 inspect
				supplies or services for acceptance by the State agency;
2 audit the books and records of any vendor
				or subcontractor;
3 investigate an
				action to debar or suspend a person from consideration for award of contracts
				pursuant to the Code;
4 determine
				whether the standards of responsibility have been met or are capable of being
				met;
5 determine if the contract is
				being performed in accordance with its terms; and
6 accomplish any other purpose permitted by
				law.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1 - CHIEF PROCUREMENT OFFICER FOR GENERAL SERVICES STANDARD PROCUREMENT › Subpart W - MISCELLANEOUS PROVISIONS OF GENERAL APPLICABILITY › Section 1.7020 - Taxes, Licenses, Assessments and Royalties

Current through Register Vol. 48, No. 28, July 12, 2024
a) The contractor shall pay all current and
				applicable city, county, State and federal taxes, licenses or assessments,
				including federal excise taxes, due on the performance of any contract,
				including, without limiting the foregoing, those required by the Federal
				Insurance Contribution Act (
				26
				USC 3101 et seq.), the Federal Unemployment
				Tax Act (
				26
				USC 3301 et seq.) and the State Unemployment
				Insurance Act [820 ILCS 405 ], together with all royalties due for any
				proprietary items. The contractor is exclusively liable for the payment of
				taxes to the respective governments. In the event the taxes, licenses,
				assessments or royalties, or any part thereof, are in the first instance
				charged to the State agency, the contractor shall, upon timely demand of the
				State agency, pay the State agency the amount of the tax, license, assessment
				or royalty due, plus all penalties that may have accrued.
b) The State agency is exempted by Section
				3-5 of the Use Tax Act [35 ILCS
				105/3-5 ] from paying any of the taxes imposed by that
				Act, and sales to the State agency are exempt by Section 2-5(11) of the
				Retailers' Occupation Tax Act [35 ILCS
				120/2-5(11) ] from any of the taxes
				imposed by that Act. The Illinois Department of Revenue, under 86 Ill. Adm.
				Code
				130.2075(d),
				has declared that sale of materials to construction contractors for conversion
				into real estate for schools or charities are not taxable retail sales. A State
				agency making purchases of tangible personal property must provide its
				exemption numbers to vendors in order to receive an exemption from tax.
				Contractors making purchases from vendors of tangible personal property that
				will be incorporated into real estate owned by a State agency must present
				vendors with the State agency's exemption number and other required
				documentation in order to receive an exemption from tax.
c) Federal Excise Tax. Bidders must not
				include in their prices any allowance for payment under Federal Excise Tax if
				the State agency is exempt from those taxes. If an order or contract is awarded
				for the purchase of an item that is subject to the Federal Excise Tax, the
				State agency will furnish the vendor with an exemption certificate upon
				request.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1 - CHIEF PROCUREMENT OFFICER FOR GENERAL SERVICES STANDARD PROCUREMENT › Subpart W - MISCELLANEOUS PROVISIONS OF GENERAL APPLICABILITY › Section 1.7025 - Written Determinations (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1 - CHIEF PROCUREMENT OFFICER FOR GENERAL SERVICES STANDARD PROCUREMENT › Subpart W - MISCELLANEOUS PROVISIONS OF GENERAL APPLICABILITY › Section 1.7030 - No Waiver of Sovereign Immunity

Current through Register Vol. 48, No. 28, July 12, 2024
Nothing in this Part shall be deemed to be a waiver of
				  sovereign immunity.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1 - CHIEF PROCUREMENT OFFICER FOR GENERAL SERVICES STANDARD PROCUREMENT › Subpart X - SELECTION OF A SUCCESSOR ILLINOIS LOTTERY PRIVATE MANAGER IF A PRIVATE MANAGEMENT AGREEMENT HAS BEEN TERMINATED › Section 1.8000 - Authority

Current through Register Vol. 48, No. 28, July 12, 2024
This Subpart is promulgated by the Chief Procurement Officer
				  for General Services (CPO-GS) in accordance with the provisions of the Illinois
				  Lottery Law (Lottery Law) [20 ILCS 1605 ]. This Subpart may be amended in
				  accordance with the Lottery Law and the Illinois Administrative Procedure Act
				  [5 ILCS 100 /Art. 5].
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1 - CHIEF PROCUREMENT OFFICER FOR GENERAL SERVICES STANDARD PROCUREMENT › Subpart X - SELECTION OF A SUCCESSOR ILLINOIS LOTTERY PRIVATE MANAGER IF A PRIVATE MANAGEMENT AGREEMENT HAS BEEN TERMINATED › Section 1.8005 - General

Current through Register Vol. 48, No. 28, July 12, 2024
The Chief Procurement Officer shall adopt administrative
				  rules, including emergency rules, to establish a procurement process to select
				  a successor private manager if a private management agreement has been
				  terminated. [20 ILCS
				  1605/9.1(o) ]
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1 - CHIEF PROCUREMENT OFFICER FOR GENERAL SERVICES STANDARD PROCUREMENT › Subpart X - SELECTION OF A SUCCESSOR ILLINOIS LOTTERY PRIVATE MANAGER IF A PRIVATE MANAGEMENT AGREEMENT HAS BEEN TERMINATED › Section 1.8010 - Selection Process

Current through Register Vol. 48, No. 28, July 12, 2024
a)
Notwithstanding any other law to the contrary, the Department
of the Lottery (Lottery)
shall select a private manager through a
				competitive request for qualifications process consistent with Section 20-35 of
				the Code.
[20 ILCS
				1605/9.1(e) ]
b) Contents. The Request for Qualifications
				(RFQ) shall be in the form specified by the Lottery and shall contain at least
				the following information:
1) The type of
				services required;
2) A description
				of the work involved;
3) An
				estimate of when and for how long the services will be required;
4) The type of contract to be used;
5) A date by which proposals for the
				performance of the services shall be submitted;
6) A statement of the minimum information
				that the proposal shall contain, which may, by way of example, include:
A) The name of the offeror, the location of
				the offeror's principal place of business and, if different, the place of
				performance of the proposed contract;
B) If deemed relevant, the age of the
				offeror's business and average number of employees over a previous period of
				time, as specified in the RFQ;
C)
				The abilities, qualifications and experience of all persons who would be
				assigned to provide the required services;
D) A listing of other contracts under which
				services similar in scope, size or discipline to the required services were
				performed or undertaken within a previous period of time, as specified in the
				RFQ;
E) A plan, giving as much
				detail as is practical, explaining how the services will be
				performed;
7) Price or
				other proposed form of compensation (to be submitted in a separate envelope in
				the proposal package and not mentioned elsewhere in the proposal
				package);
8) The factors to be used
				in the evaluation and selection process and their relative importance;
				and
9) A plan for post-performance
				review to be conducted by the Lottery after completion of services and before
				final payment and to be made part of the procurement file.