reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1130 - PURCHASING CARD PROGRAM › Section 1130.40 - Program Participation

Current through Register Vol. 48, No. 28, July 12, 2024
a) CMS will establish procedures governing:
1) the enrollment and responsibilities of
			 State agencies participating in the purchasing card program under this Part;
			 and
2) participating agencies'
			 issuance of purchasing cards to cardholders under this Part.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1130 - PURCHASING CARD PROGRAM › Section 1130.50 - Duties of State Agencies

Current through Register Vol. 48, No. 28, July 12, 2024
a) State agencies may participate in the
			 purchasing card program in accordance with this Part and the procedures
			 established by CMS.
b) A
			 participating agency may use purchasing cards to pay for purchases of goods in
			 accordance with this Part. A single purchasing card transaction shall not be
			 greater than $500. Purchasing cards shall not be used for the procurement of
			 services or travel expenses.
c)
			 Each participating agency shall process payments to the purchasing card vendor
			 as provided in the uniform accounting system developed by the
			 Comptroller.
d) Each participating
			 agency shall develop and implement internal standards and procedures that will
			 permit full compliance with the provisions of this Part, the Comptroller's
			 uniform accounting system, and procedures established by CMS under this
			 Part.
e) Each participating agency
			 shall maintain detailed documentation regarding its purchasing card
			 transactions in accordance with the State Records Act [5 ILCS 160 ].
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1130 - PURCHASING CARD PROGRAM › Section 1130.60 - Compliance Audit

Current through Register Vol. 48, No. 28, July 12, 2024
The Internal Auditor of each participating agency shall
				annually perform an audit of the purchasing card program as implemented by the
				participating agency.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1130 - PURCHASING CARD PROGRAM › Section 1130.70 - Compliance Certification

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Comptroller shall establish standards
			 for an annual certification to be provided to the Comptroller and the Auditor
			 General by the Agency Head of each participating agency prior to use of
			 purchasing cards by the participating agency cardholders and annually
			 thereafter. The certification shall establish that:
1) sufficient internal controls exist to
			 insure appropriate use of the purchasing card by the participating agency's
			 cardholders;
2) proper segregation
			 of duties are in place regarding the reporting and accounting of purchasing
			 cards;
3) the participating agency
			 maintains an adequate pre-audit and post-audit function; and
4) the participating agency has appropriately
			 addressed any findings identified by an internal or external audit relating to
			 the participating agency's purchasing card program.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1150 - SELECTION OF CONTRACTORS AND CONSULTANTS FOR ABANDONED MINED LANDS RECLAMATION PROJECTS › Subpart A - GENERAL PROVISIONS › Section 1150.10 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
The Abandoned Mined Lands and Water Reclamation Act ("Act")
				  [20 ILCS 1920 ] provides that the Illinois Department of Natural Resources
				  shall administer a program for the reclamation of abandoned lands and waters in
				  accordance with the Act. This Part describes standard procedures for the
				  Department's Office of Mines and Minerals, Division of Abandoned Mined Lands
				  Reclamation, for advertising, bidding and awarding contracts for construction
				  on abandoned mined lands ("AML") reclamation projects. This Part also
				  prescribes standard procedures for obtaining the necessary outside professional
				  services as needed in the administration of the AML program. The purpose is to
				  prescribe procedures which will implement the AML program in a way which
				  satisfies the requirements of the various State of Illinois purchasing laws, as
				  well as federal grant requirements for funding pursuant to the Surface Mining
				  Control and Reclamation Act of 1977, as amended (
				  30 USC
				  1201 et seq.).
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1150 - SELECTION OF CONTRACTORS AND CONSULTANTS FOR ABANDONED MINED LANDS RECLAMATION PROJECTS › Subpart A - GENERAL PROVISIONS › Section 1150.20 - Scope

Current through Register Vol. 48, No. 28, July 12, 2024
The Rules in this Part are non-conflicting supplements to the
				  Standard Procurement Rules (44 Ill. Adm. Code 1), promulgated by the Department
				  of Central Management Services, and all activities and interpretations shall be
				  performed to give effect to both sets of rules. Procurement of other goods and
				  services shall be in accordance with the Standard Procurement Rules promulgated
				  by the Department of Central Management Services.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1150 - SELECTION OF CONTRACTORS AND CONSULTANTS FOR ABANDONED MINED LANDS RECLAMATION PROJECTS › Subpart A - GENERAL PROVISIONS › Section 1150.30 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
a) General
This Part applies to all contracts for reclamation
				  construction and professional services required by the Division of Abandoned
				  Mined Lands Reclamation.
b)
				Standard Construction Contracts
Subpart B applies to the advertising, bidding and awarding of
				  contracts for construction on reclamation projects that have been planned and
				  designed in the normal course of the AML program.
c) Emergency Construction Contracts
Subpart C applies to construction contracts that are
				  necessary to abate emergency conditions which involve a danger to public health
				  and safety and that cannot await abatement under normal program
				  procedures.
d) Professional
				Services
Subpart D applies to the selection of Consultants to provide
				  professional services covered by the Architectural, Engineering, and Land
				  Surveying Qualifications Based Selection Act [30 ILCS 535 ].
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1150 - SELECTION OF CONTRACTORS AND CONSULTANTS FOR ABANDONED MINED LANDS RECLAMATION PROJECTS › Subpart A - GENERAL PROVISIONS › Section 1150.40 - Severability

Current through Register Vol. 48, No. 28, July 12, 2024
If any provision, clause, or phrase of this Part or the
				  application thereof to any person or circumstance is held invalid, such
				  invalidity shall not affect other provisions or application of this Part and to
				  this end the provisions of this Part are severable.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1150 - SELECTION OF CONTRACTORS AND CONSULTANTS FOR ABANDONED MINED LANDS RECLAMATION PROJECTS › Subpart A - GENERAL PROVISIONS › Section 1150.50 - Incorporation by Reference

Current through Register Vol. 48, No. 28, July 12, 2024
No incorporation by reference in this Part pursuant to
				  Section 5-75 of the Illinois Administrative Procedure Act [5 ILCS
				  100/5-75 ] contains any later amendment or
				  edition.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1150 - SELECTION OF CONTRACTORS AND CONSULTANTS FOR ABANDONED MINED LANDS RECLAMATION PROJECTS › Subpart B - STANDARD CONSTRUCTION CONTRACTS › Section 1150.300 - Award and Execution of Contract

Current through Register Vol. 48, No. 28, July 12, 2024
a) Consideration of Proposals
1) After the proposals are opened and read,
				they will be compared on the basis of the summation of the products of the
				quantities shown in the bid schedule by the unit bid prices. In the event of a
				discrepancy between unit bid prices and extensions, the unit bid price shall
				govern. In awarding contracts, the Department will, in addition to considering
				the amounts stated in the proposals, take into consideration the responsibility
				of the various bidders as determined by the Department of Transportation under
				Section
				1150.200(a),
				and from other investigations which the Department shall make when it has
				reason to believe that any of the conditions found in Sections
				1150.200(a)(4) and
				(j) exist.
2) The right is reserved to reject any or all
				proposals, to waive technicalities, or to advertise for new proposals, if, in
				the judgment of the Department, the best interests of the Department will be
				served.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1150 - SELECTION OF CONTRACTORS AND CONSULTANTS FOR ABANDONED MINED LANDS RECLAMATION PROJECTS › Subpart B - STANDARD CONSTRUCTION CONTRACTS › Section 1150.400 - Contracts Involving an Expenditure of $30,000 or Less

Current through Register Vol. 48, No. 28, July 12, 2024
a) When the contract for construction of a
				single reclamation project involves an expenditure of $30,000 or less, the
				Department shall waive the prequalification and bidding requirements of Section
				1150.300,
				where the imposition of such requirements would involve a disproportionate
				amount of work, time or cost in relation to the size and simplicity of the
				project.
b) When full bidding
				procedures will not be utilized, the Department shall contact a minimum of
				three contractors, in the area in which the project is located, to request bids
				on the proposed work. The three contractors to be contacted shall be selected
				based upon proximity to the project, past experience, expertise and available
				equipment and manpower. The contract shall be awarded to the lowest responsible
				bidder considering conformity with specifications, availability for work and
				suitability of equipment.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1150 - SELECTION OF CONTRACTORS AND CONSULTANTS FOR ABANDONED MINED LANDS RECLAMATION PROJECTS › Subpart C - EMERGENCY CONSTRUCTION CONTRACTS › Section 1150.500 - Emergency Contracting

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Waiver of Bidding Procedures
When any abandoned mine condition involves a danger to public
				  health and safety and cannot await abatement under normal program procedures,
				  the Department shall waive the prequalification and bidding procedures of
				  Section
				  1150.300
				  and the Department shall enter into construction contracts for abatement of the
				  dangerous condition pursuant to the provisions of this Subpart.
b) Use of Prequalified Contractors
1) The Department shall maintain a list,
				revised at least annually, of contractors who are prequalified with the
				Department of Transportation for the type of construction work encountered in
				AML Emergency reclamation projects. The list shall also include Contractors who
				have demonstrated responsibility and competence through past performance on AML
				Emergency reclamation projects. Listed contractors shall be used on all
				projects unless:
A) the particular
				construction activity involved is not of a type normally performed by the
				listed Contractors; or
B) listed
				contractors cannot be contacted within a reasonable time; or
C) listed contractors are not available to
				begin work within a reasonable time.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1150 - SELECTION OF CONTRACTORS AND CONSULTANTS FOR ABANDONED MINED LANDS RECLAMATION PROJECTS › Subpart C - EMERGENCY CONSTRUCTION CONTRACTS › Section 1150.600 - Pre-Bidding Emergency Work

Current through Register Vol. 48, No. 28, July 12, 2024
a) Prequalification of Contractors
1) When there exists a history of emergency
				events of a similar nature in a particular area, with a probability of
				continuing emergency events in that area, the Department may elect to pre-bid
				certain special items of construction and exploratory work, including, but not
				limited to:
A) exploratory drilling,
B) haulage of fill material, and
C) structural support work.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1150 - SELECTION OF CONTRACTORS AND CONSULTANTS FOR ABANDONED MINED LANDS RECLAMATION PROJECTS › Subpart D - PROFESSIONAL SERVICES › Section 1150.700 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
This Subpart is applicable to all architectural, engineering,
				  or land surveying professional services provided to the Department pursuant to
				  contract. This Subpart is limited in application to professional services which
				  are covered by the Architectural, Engineering, and Land Surveying
				  Qualifications Based Selection Act [30 ILCS 535 ]. Related services that may be
				  legally performed by persons not required to be licensed under the Illinois
				  Architecture Practice Act of 1989 [225 ILCS 305 ], the Professional Engineering
				  Practice Act of 1989 [225 ILCS 325 ], the Structural Engineering Licensing Act
				  of 1989 [225 ILCS 340 ], or the Illinois Professional Land Surveyor Act of 1989
				  [225 ILCS 330 ] are not covered by this Subpart.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1150 - SELECTION OF CONTRACTORS AND CONSULTANTS FOR ABANDONED MINED LANDS RECLAMATION PROJECTS › Subpart D - PROFESSIONAL SERVICES › Section 1150.800 - Prequalification

Current through Register Vol. 48, No. 28, July 12, 2024
All architectural, engineering, or land surveying Consultants
				  desiring to provide service to the Department in connection with the AML
				  program, whether as prime Consultants or subconsultants, must be prequalified
				  by the Department of Transportation for the categories of service identified
				  within each project description.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1150 - SELECTION OF CONTRACTORS AND CONSULTANTS FOR ABANDONED MINED LANDS RECLAMATION PROJECTS › Subpart D - PROFESSIONAL SERVICES › Section 1150.900 - Subcontracting

Current through Register Vol. 48, No. 28, July 12, 2024
a) Professional
				Services Consultants may subcontract no more than 50 percent of the project
				work.
b) The Professional Services
				contract shall include the names and addresses of all subconsultants and the
				anticipated amount of money which they will receive pursuant to the contract
				[30 ILCS 505/9.04 ].
c) If at any
				time a Professional Services Consultant who had not intended to utilize the
				service of a subconsultant decides to utilize a subconsultant, the Department
				and the Consultant shall file an amendment to the original contract with the
				Comptroller stating the names and addresses of all subconsultants and the
				anticipated amount of money which they will receive pursuant to the original
				contract [30 ILCS 505/9.04].
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1150 - SELECTION OF CONTRACTORS AND CONSULTANTS FOR ABANDONED MINED LANDS RECLAMATION PROJECTS › Subpart D - PROFESSIONAL SERVICES › Section 1150.1000 - Requests for Proposals

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Whenever an AML project requiring architectural, engineering, or land surveying
				services from outside the Department's professional staff is proposed, the
				Department shall provide no less than a 14 day advance notice published in the
				Illinois Procurement Bulletin setting forth the project(s) and services to be
				procured. The notice shall constitute a Request for Proposals and shall include
				a description of each project and shall state the time and place for interested
				Consultants to submit a letter of interest and designated portions of the
				Consultant's Qualifications Packet.
b) Proposals received after the date and time
				specified in the Request for Proposals shall be returned unopened.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1150 - SELECTION OF CONTRACTORS AND CONSULTANTS FOR ABANDONED MINED LANDS RECLAMATION PROJECTS › Subpart D - PROFESSIONAL SERVICES › Section 1150.1100 - Evaluation Procedure

Current through Register Vol. 48, No. 28, July 12, 2024
a) A
				selection committee, consisting of the Director of the Office of Mines and
				Minerals, the Manager of the AML Reclamation Division, and the Supervisor of
				the Project Management Section, or their designees, shall select firms to
				provide architectural, engineering, and land surveying services on AML
				reclamation projects. The Committee shall evaluate the Proposals, taking into
				consideration the following qualification factors:
1) Ability of professional
				personnel.
2) Past record and
				experience on AML projects and projects with similar professional disciplinary
				requirements.
3) Performance data
				on file.
4) Willingness to meet
				time requirements.
5) Location of
				the Consultant's office in relation to the project site and the Department's
				AML office that will be managing the project.
6) Workload of the Consultant.
7) Any other qualifications based factors as
				the Department may determine in writing are applicable on a project specific
				basis.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1150 - SELECTION OF CONTRACTORS AND CONSULTANTS FOR ABANDONED MINED LANDS RECLAMATION PROJECTS › Subpart D - PROFESSIONAL SERVICES › Section 1150.1200 - Selection Procedure

Current through Register Vol. 48, No. 28, July 12, 2024
a) On
				the basis of evaluations, discussions and any presentations, the Committee
				shall select no less than three Consultants that it determines to be qualified
				to provide services for the project and rank them in order of qualifications to
				provide those services. The Consultant ranked most preferred shall then be
				contacted in order to negotiate a contract for a fair and reasonable
				compensation.
b) If fewer than 3
				Consultants submit letters of interest and the Committee determines that one or
				both of those firms are so qualified, the Department may proceed to negotiate a
				contract as provided in Section 1300 of this Part.
c) The decision of the Department shall be
				final and binding.
d) Notice of
				Contract Awarded
Notice of each and every contract that is awarded shall be
				  published in the next available Illinois Procurement Bulletin.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1150 - SELECTION OF CONTRACTORS AND CONSULTANTS FOR ABANDONED MINED LANDS RECLAMATION PROJECTS › Subpart D - PROFESSIONAL SERVICES › Section 1150.1300 - Contract Negotiations

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The Department shall prepare a written description of the scope of the proposed
				services, entitled "Scope of Work", to be used as a basis for negotiations and
				shall negotiate a contract with the highest ranked qualified Consultant at a
				compensation that the Department determines in writing to be fair and
				reasonable. In making this decision, the Department shall take into account the
				estimated value, scope, complexity, and professional nature of the services to
				be rendered.
b) If the Department
				is unable to negotiate a satisfactory contract with the Consultant that is most
				preferred, negotiations with that Consultant will be terminated. The Department
				shall then begin negotiations with the next ranked Consultant. If the
				Department is unable to negotiate a satisfactory contract with that Consultant,
				negotiations with that Consultant shall be terminated. The Department shall
				then begin negotiations with the next ranked Consultant.
c) If the Department is unable to negotiate a
				satisfactory contract with any of the selected Consultants, then the Department
				shall re-evaluate the architectural, engineering, or land surveying services
				requested, including the estimated value, scope, complexity, and fee
				requirements. The Department shall then compile a second list of not less than
				three qualified Consultants and proceed in accordance with the provisions of
				this Subpart.
d) A Consultant
				negotiating a contract with the Department shall negotiate any approved
				subcontracts for architectural, engineering, and land surveying services at
				compensation that the Consultant determines in writing to be fair and
				reasonable based upon a written description of the proposed services of the
				subconsultant.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1150 - SELECTION OF CONTRACTORS AND CONSULTANTS FOR ABANDONED MINED LANDS RECLAMATION PROJECTS › Subpart D - PROFESSIONAL SERVICES › Section 1150.1325 - Exemptions

Current through Register Vol. 48, No. 28, July 12, 2024
a) Small Contracts
The provisions of Sections
				  1150.1000,
				  1150.1100,
				  and
				  1150.1200 of
				  this Part do not apply to architectural, engineering, and land surveying
				  contracts of less than $25,000.
b) The provisions of Sections 1150.1000,
				1150.1100, and 1150.1200 of this Part do not apply to the procurement of
				architectural, engineering and land surveying services by the Department:
1) when the Department determines in writing
				that it is in the best interests of the State to proceed with the immediate
				selection of a firm; or
2) in
				emergencies when immediate services are necessary to protect the public health,
				safety and general welfare from the adverse effects of mining.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1150 - SELECTION OF CONTRACTORS AND CONSULTANTS FOR ABANDONED MINED LANDS RECLAMATION PROJECTS › Subpart D - PROFESSIONAL SERVICES › Section 1150.1350 - Firm Performance Evaluations

Current through Register Vol. 48, No. 28, July 12, 2024
The Department shall evaluate the performance of each
				  Consultant upon completion of a contract. That evaluation shall be made
				  available to the Consultant upon request, who may submit a written response,
				  with the evaluation and response retained solely by the State. The evaluation
				  and response shall not be made available to any other person or firm and is
				  exempt from disclosure under the Freedom of Information Act [5 ILCS 140
				  ].
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1150 - SELECTION OF CONTRACTORS AND CONSULTANTS FOR ABANDONED MINED LANDS RECLAMATION PROJECTS › Subpart D - PROFESSIONAL SERVICES › Section 1150.1400 - Complaint Procedure

Current through Register Vol. 48, No. 28, July 12, 2024
A complaint regarding any decision rendered by or action
				  taken by the Department pursuant to this Part may be filed with the Department
				  by submitting a written statement setting forth all the facts and circumstances
				  together with the basis for making such complaint and specifically how such
				  decision or action is alleged to be in contradiction of this Part. Upon receipt
				  of a complaint, the Department will determine whether, in the decision or
				  action complained of, the Department or Staff has acted in accordance with this
				  Part and advise the person submitting the written statement as to this
				  determination and as to what additional action, if any, the Department will
				  take. Provided, however, that any such complaint must be filed within 14 days
				  from the time the person complaining becomes aware of the decision or the
				  action is announced to the public, whichever occurs first.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1150 - SELECTION OF CONTRACTORS AND CONSULTANTS FOR ABANDONED MINED LANDS RECLAMATION PROJECTS › Subpart D - PROFESSIONAL SERVICES › Section 1150.1500 - Equal Employment Opportunity; Nondiscrimination; Affirmative Action

Current through Register Vol. 48, No. 28, July 12, 2024
It is the policy of the Department to execute and administer
				  contracts hereunder in accordance with applicable State and Federal laws and
				  regulations regarding nondiscrimination in the hiring of employees or firms, on
				  the basis of race, color, religion, sex or national origin and regarding
				  affirmative action. While every attempt is made to apprise potential
				  consultants of the requirements this policy may impose upon them, the lack of
				  such apprisal will not preclude the Department from requiring compliance with
				  such applicable laws and regulations as a condition to continued payment for
				  work completed under a contract with the Department; nor will the lack of such
				  apprisal preclude the Department from requiring the return of such payments
				  which would not have been made if, at the time of payment, the Department had
				  been aware of any non-compliance. Applicable State and Federal laws and
				  regulations are the Equal Employment Opportunity Clause contained in Section
				  202 of Executive Order 11246, as implemented by 41 CFR 60 - 1(1985) and 43 CFR
				  17(1985); and the Illinois Department of Human Rights' "Procedures Applicable
				  to All Agencies" (44 Ill. Adm. Code 750).
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1300 - ATTORNEY GENERAL'S PROCUREMENT › Subpart A - GENERAL › Section 1300.05 - Policy

Current through Register Vol. 48, No. 28, July 12, 2024
All procurements for the Office of the Attorney General (OAG)
				  shall be accomplished in the most economical, expeditious and commercially
				  reasonable manner that is in accordance with law, this Part and other
				  applicable rules.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1300 - ATTORNEY GENERAL'S PROCUREMENT › Subpart A - GENERAL › Section 1300.08 - Illinois Procurement Code

Current through Register Vol. 48, No. 28, July 12, 2024
Articles 1, 15, 20, 25, 30, 33, 35, 40, 45, 50 and 53 of the
				  Illinois Procurement Code [30 ILCS 500/Arts. 1, 15, 20, 25,
				  30, 33, 35, 40, 45, 50 and 53] (the Code) will be referenced herein as though
				  applicable to the OAG, and needs shall be procured in a manner substantially in
				  accordance with those provisions of the Code, except to the extent otherwise
				  provided in this Part. For purposes of this Part, any reference in the Code or
				  this Part to the Chief Procurement Officer (CPO) means the employee designated
				  by the Attorney General to serve in that capacity. The Attorney General may
				  appoint one or more Purchasing Officers.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1300 - ATTORNEY GENERAL'S PROCUREMENT › Subpart A - GENERAL › Section 1300.10 - Application

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Code and this
				Part apply to those procurements for which bidders, offerors, potential
				contractors or contractors were first solicited on or after July 1,
				1998.
b) Procurements for which
				bidders, offerors, potential contractors or contractors were first solicited on
				or before June 30, 1998, shall be conducted pursuant to legal requirements in
				effect at the time of the solicitation. The terms and conditions and the rights
				and obligations under contracts resulting from these procurements shall not be
				impaired.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1300 - ATTORNEY GENERAL'S PROCUREMENT › Subpart A - GENERAL › Section 1300.25 - Property Rights

Current through Register Vol. 48, No. 28, July 12, 2024
Receipt of an Invitation for Bids or other procurement
				  document, or submission of any response thereto or other offer, confers no
				  right to receive an award or contract, nor does it obligate the State in any
				  manner.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1300 - ATTORNEY GENERAL'S PROCUREMENT › Subpart A - GENERAL › Section 1300.30 - Contracts Necessary to Prepare for Anticipated Litigation

Current through Register Vol. 48, No. 28, July 12, 2024
a) Contracts necessary
				to prepare for anticipated litigation, enforcement actions or investigations,
				including but not limited to the appointment of special assistant attorneys
				general, contracts for court reporter services, and contracts with expert
				witnesses, are excepted from the application of the Code and this Part,
				provided that they are approved by Counsel to the Attorney General, or his or
				her designee, as provided in Section 1-10(b)(7) of the Code. On or after
				October 1, 2017, the following information concerning all contracts necessary
				to prepare for anticipated litigation, enforcement actions or investigations
				shall be reported to the CPO and posted in the appropriate volume of the
				Bulletin.
1) name of contractor;
2) description of supplies or services
				provided;
3) total amount of
				contract;
4) term of
				contract;
5) statement that the
				contract is excepted from the Code and this Part if that exception is approved
				by Counsel to the Attorney General, or his or her designee, pursuant to Section
				1-10(b)(7) of the Code.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1300 - ATTORNEY GENERAL'S PROCUREMENT › Subpart B - PROCUREMENT RULES › Section 1300.525 - Procurement by DCMS Rules

Current through Register Vol. 48, No. 28, July 12, 2024
To the extent practicable and available, the OAG may avail
				  itself of master, schedule or open-ended contracts established by DCMS; items
				  available from the Paper and Printing Warehouse; and DCMS contracts for
				  telecommunications equipment, software and services, paper and envelopes, and
				  vehicles and vehicle services.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1300 - ATTORNEY GENERAL'S PROCUREMENT › Subpart C - PROCUREMENT AUTHORITY › Section 1300.1002 - Conduct and Oversight of Procurements

Current through Register Vol. 48, No. 28, July 12, 2024
a) Chief Procurement Officer. The Attorney
				General shall designate a Chief Procurement Officer (CPO) for purposes of the
				Code and this Part. The CPO may conduct any or all procurements on behalf of
				the OAG. The CPO shall be a resident of the State of Illinois. The CPO shall:
1) have at least 5 years of experience in
				State, local government, or corporate budgeting or procurement
				activities;
2) be a certified
				professional public buyer or certified public purchasing agent; or
3) have professional experience deemed
				comparable by the Attorney General.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1300 - ATTORNEY GENERAL'S PROCUREMENT › Subpart C - PROCUREMENT AUTHORITY › Section 1300.1010 - Construction

Current through Register Vol. 48, No. 28, July 12, 2024
Any construction or construction related professional and
				  artistic services in excess of the small purchase threshold for construction
				  established by the OAG PPCMB ($30,000, or as adjusted for inflation based on
				  the consumer price index as determined by the OAG PPCMB) will be procured by
				  the CPO . The small purchase threshold established by the OAG PPCMB shall not
				  exceed the small purchase threshold established by the Procurement Policy Board
				  (see the Procurement Policy Board's website at ppb.illinois.gov). The CPO may
				  consult with any other CPO created in Section 1-15.15 of the Code for
				  assistance in obtaining any procurement, but shall be responsible for its own
				  procurements under the Code.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1300 - ATTORNEY GENERAL'S PROCUREMENT › Subpart D - PUBLICIZING PROCUREMENT ACTIONS › Section 1300.1510 - Publicizing Procurement Actions

Current through Register Vol. 48, No. 28, July 12, 2024
Notice of any procurement action required by the Code to be
				  publicized in the Illinois Procurement Bulletin will be forwarded to DCMS for
				  inclusion in the appropriate volume of the Bulletin.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1300 - ATTORNEY GENERAL'S PROCUREMENT › Subpart D - PUBLICIZING PROCUREMENT ACTIONS › Section 1300.1540 - Method of Notices and Reports

Current through Register Vol. 48, No. 28, July 12, 2024
Notices and reports required under the Code or this Part may
				  be made by either paper or electronic means.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1300 - ATTORNEY GENERAL'S PROCUREMENT › Subpart D - PUBLICIZING PROCUREMENT ACTIONS › Section 1300.1560 - Supplemental Notice

Current through Register Vol. 48, No. 28, July 12, 2024
The OAG may place ads in the Official State Newspaper
				  selected by DCMS or other publications to supplement notice in the
				  Bulletin.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1300 - ATTORNEY GENERAL'S PROCUREMENT › Subpart D - PUBLICIZING PROCUREMENT ACTIONS › Section 1300.1570 - 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.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1300 - ATTORNEY GENERAL'S PROCUREMENT › Subpart D - PUBLICIZING PROCUREMENT ACTIONS › Section 1300.1580 - Direct Solicitation

Current through Register Vol. 48, No. 28, July 12, 2024
In addition to giving notice in the Bulletin, the OAG may
				  directly contact prospective vendors. Direct solicitation may be oral or in
				  writing, but care will be taken to ensure that all vendors solicited in this
				  manner receive the same information. When making direct solicitations, at least
				  three vendors will be contacted.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1300 - ATTORNEY GENERAL'S PROCUREMENT › Subpart E - SOURCE SELECTION AND CONTRACT FORMATION - GENERAL › Section 1300.2005 - General Provisions

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Late Bids or Proposals, Late Withdrawals and Late Modifications
1) Definition. Any bid or proposal received
				after the time, date and place set for receipt is late. A bid that is delivered
				to the wrong location but that is subsequently delivered to the correct
				location by the date and time specified shall be considered, but the OAG will
				not be responsible for ensuring the subsequent delivery. Any withdrawal or
				modification of a bid or proposal received after the time and date set for
				opening of bids or proposals at the place designated for opening is
				late.
2) Treatment. No late bid or
				proposal, late modification, or late withdrawal will be considered unless the
				Procurement Officer, and not a designee, determines it would have been timely
				but for the action or inaction of OAG personnel directly serving the
				procurement activity (e.g., providing the wrong address).
3) Records. Records shall be made and, in
				accordance with the State Records Act [5 ILCS 160 ],
				kept for each late bid or proposal, late modification, or late
				withdrawal.
4) Other Submissions.
				Any other submission that has a time or date deadline shall be treated in the
				same manner as a late bid.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1300 - ATTORNEY GENERAL'S PROCUREMENT › Subpart E - SOURCE SELECTION AND CONTRACT FORMATION - GENERAL › Section 1300.2010 - Competitive Sealed Bidding

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Application
Competitive sealed bidding is the required method of source
				  selection except as allowed by the Code and this Part. The provisions of this
				  Section apply to every procurement required to be conducted by competitive
				  sealed bidding.
b) The
				Invitation for Bids
1) Use. The IFB is used to
				initiate a competitive sealed bid procurement.
2) Content. The IFB shall include, at a
				minimum, the following:
A) instructions and
				information to bidders concerning the bid submission requirements, including
				the time and date set for receipt of bids, the address of the office to which
				bids are to be delivered, the maximum time for bid acceptance by the State, and
				any other special information such as the time and place of any pre-bid
				conference;
B) the purchase
				description, evaluation factors, delivery or performance schedule, and such
				inspection and acceptance requirements as are not included in the purchase
				description; and
C) the contract
				terms and conditions, including warranty and bonding or other security
				requirements, as applicable.
3) Incorporation by Reference. The IFB may
				incorporate documents by reference provided that the IFB specifies where such
				documents can be obtained.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1300 - ATTORNEY GENERAL'S PROCUREMENT › Subpart E - SOURCE SELECTION AND CONTRACT FORMATION - GENERAL › Section 1300.2012 - Multi-Step Sealed Bidding

Current through Register Vol. 48, No. 28, July 12, 2024
a) Definition. Multi-step sealed bidding is a
				two-phase process consisting of a technical first phase composed of one or more
				steps in which bidders submit unpriced technical offers to be evaluated by the
				OAG, and a second phase in which those bidders whose technical offers are
				determined to be acceptable during the first phase, have their price bids
				considered.
b) Conditions for Use.
				The multi-step sealed bidding method may be used when it is not practical to
				prepare initially a definitive purchase description which will be suitable to
				permit an award based on price. Multi-step sealed bidding may be used when it
				is considered desirable:
1) to invite and
				evaluate possible diverse technical offers to determine their acceptability to
				fulfill the purchase description requirements; and
2) to conduct discussions for the purposes of
				facilitating understanding of the technical offer and purchase description
				requirements and, where appropriate, obtain supplemental information, permit
				amendments of technical offers, or amend the purchase description.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1300 - ATTORNEY GENERAL'S PROCUREMENT › Subpart E - SOURCE SELECTION AND CONTRACT FORMATION - GENERAL › Section 1300.2015 - Competitive Sealed Proposals

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Competitive Sealed Proposals may be used whenever permitted by the Code and as
				described in this Part.
b) The
				Competitive Sealed Proposal method of source selection may be used to procure
				the following categories:
1) electronic data
				processing equipment, software, and services;
2) telecommunications equipment, software,
				and services;
3) consulting
				services; and
4) employee benefits
				and insurance.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1300 - ATTORNEY GENERAL'S PROCUREMENT › Subpart E - SOURCE SELECTION AND CONTRACT FORMATION - GENERAL › Section 1300.2020 - Small Purchases

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Application
Procurements of less than $100,000 for supplies or services,
				  and less than $100,000 for professional and artistic services contracts that
				  are for a nonrenewable term of less than one year, may be made without notice,
				  competition or use of any prescribed method of source
				  selection.
b) In determining
				whether a contract is under the limit, the value of the contract for the full
				term and any optional renewals shall be utilized. The stated value of the goods
				or services, plus any optional goods and services, shall be utilized. When the
				term is calculated month-to-month or in a similar fashion, the amount shall be
				calculated for a twelve month period.
c) Procurement requirements shall not be
				artificially divided to avoid using the other source selection methods set
				forth in Section 20-5 (Methods of Source Selection) of the Illinois Procurement
				Code or this Part.
d) If, after
				signing the contract, the actual need is determined to be greater than the
				small purchase amount identified in subsection (a), and the agency determines
				that reprocurement is not appropriate, the procedures for sole source or
				emergency procurement, whichever is applicable, must be complied with to obtain
				the additional supplies or services.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1300 - ATTORNEY GENERAL'S PROCUREMENT › Subpart E - SOURCE SELECTION AND CONTRACT FORMATION - GENERAL › Section 1300.2025 - Sole Source Procurement

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Application
The provisions of this Section apply to procurement from a
				  sole source unless the estimated amount of the procurement is within the limit
				  set in Section
				  1300.2020 (Small
				  Purchases) or unless emergency conditions exist as defined in Section
				  1300.2030
				  (Emergency Procurements).
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 is deemed
				  economically feasible. A requirement for a particular proprietary item does not
				  justify a sole source procurement if there is more than one potential bidder or
				  offeror authorized to provide that item. The following are examples of
				  circumstances that could necessitate sole source procurement:
1) the compatibility of equipment,
				accessories, replacement parts, or service is a paramount
				consideration;
2) a sole supplier's
				items are needed for trial use or testing;
3) a sole supplier's item is to be procured
				for commercial resale;
4) public
				utility regulated services are to be procured;
5) the item is copyrighted or patented and
				the item is not available except from the holder of the copyright or
				patent;
6) the procurement of the
				media for advertising;
7) the
				procurement of art or entertainment services; and
8) changes to existing contracts (subsection
				(c)).
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1300 - ATTORNEY GENERAL'S PROCUREMENT › Subpart E - SOURCE SELECTION AND CONTRACT FORMATION - GENERAL › Section 1300.2030 - Emergency Procurements

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Applications
The provisions of this Section apply to every procurement
				  over the small purchase limit set in Section
				  1300.2020 of this
				  Part and that is not a sole source procurement under Section
				  1300.2025,
				  made under emergency (including quick purchase) conditions.
b) Definition of Emergency Conditions
1) A procurement may be made under this
				Section in situations in which:
A) public
				health or safety, including the health or safety of any particular person, is
				threatened;
B) repairs are needed
				to OAG property to protect against further loss or damage to OAG property, or
				to prevent loss or damage to OAG property;
C) action is needed to prevent or minimize
				serious disruption in OAG services;
D) action is needed to ensure the integrity
				of State or OAG records;
E) a
				supplier of needed goods or services announces bankruptcy, going out of
				business, or loss of franchise, or gives other similar reason such that making
				a purchase immediately is in the State's best interest;
F) commodity items are available on the spot
				market at prices such that good business judgment mandates a purchase if the
				spot price must be taken immediately;
G) legal services to assist in the
				formulation of policy, in drafting or evaluating documents, or in determining
				the extent of statutory authority are needed sooner than the competitive
				process would allow;
H) equipment
				or services are necessary in the furtherance of covert activities lawfully
				conducted by the OAG. Any required disclosures shall be made so as not to
				jeopardize those covert activities;
I) immediate action is necessary to avoid
				lapsing or loss of federal or donated funds;
J) the need for items to protect or further
				the State's interests is immediate and use of other competitive source
				selection procedures under the Code and this Part cannot be accomplished
				without significant risk of causing serious disadvantage to the State;
				or
K) immediate action is necessary
				to protect the collection of substantial State revenue.