reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 500 - PURCHASES AND CONTRACTS › Subpart D - SOURCE SELECTION AND CONTRACT FORMATION › Section 500.390 - Cancellation of Solicitations; Rejection of Offers

Current through Register Vol. 48, No. 28, July 12, 2024
a) Policy
Any solicitation may be canceled before or after opening when
				  the Procurement Officer believes cancellation to be in the OAG's best interest.
				  Nothing shall compel the award of a contract.
b) Cancellation of Solicitation; Rejection of
				All Offers
A solicitation may be canceled in whole or in part when the
				  Procurement Officer determines in writing that such action is in the OAG's best
				  interest for reasons including, but not limited to:
1) the OAG no longer requires the supplies,
				services or construction;
2) the
				OAG no longer can reasonably expect to fund the procurement;
3) proposed amendments to the solicitation
				would be of such magnitude that a new solicitation is desirable;
4) ambiguous or otherwise inadequate
				specifications;
5) the solicitation
				did not provide for consideration of all factors of significance to the
				OAG;
6) prices exceed available
				funds and it would not be appropriate to adjust quantities to come within
				available funds;
7) all otherwise
				acceptable offers received are at clearly unreasonable prices; or
8) there is reason to question whether the
				offers may not have been independently arrived at in open competition, may have
				been collusive, or may have been submitted in bad faith.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 500 - PURCHASES AND CONTRACTS › Subpart D - SOURCE SELECTION AND CONTRACT FORMATION › Section 500.395 - Public Procurement File

Current through Register Vol. 48, No. 28, July 12, 2024
A procurement file shall be maintained for all contracts,
				  regardless of the method of procurement. The procurement file shall contain the
				  basis on which the award is made, all submitted bids and proposals, all
				  evaluation materials, score sheets and all other documentation related to or
				  prepared in conjunction with evaluation, negotiation and the award process. The
				  procurement file shall contain a written determination, signed by the
				  Procurement Officer or designee, setting forth the reasoning for the contract
				  award decision. The procurement file shall not include trade secrets or other
				  competitively sensitive, confidential or proprietary information. The
				  procurement file shall be open to public inspection within 7 calendar days
				  following award of the contract.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 500 - PURCHASES AND CONTRACTS › Subpart E - SUPPLIERS, PREQUALIFICATION AND RESPONSIBILITY › Section 500.400 - Suppliers

Current through Register Vol. 48, No. 28, July 12, 2024
The OAG may contract with any qualified source of supply,
				  including the following special sources, from which procurements may be made
				  without notice and competition:
a)
				Correctional Industries;
b) State
				and Federal Surplus Warehouses under the jurisdiction of CMS. The State
				Property Control Act [
				30 ILCS 605/7a
				] requires that surplus furniture be considered before any purchase of new
				furniture valued at $500 or more per piece;
c) Qualified workshops for persons with
				significant disabilities;
d) State
				agencies and other governmental units.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 500 - PURCHASES AND CONTRACTS › Subpart E - SUPPLIERS, PREQUALIFICATION AND RESPONSIBILITY › Section 500.410 - Vendor List/Required Use

Current through Register Vol. 48, No. 28, July 12, 2024
The CPO may maintain a list of vendors who have expressed
				  interest in contracting with the OAG. This list may be used to solicit for
				  small purchases, sole sources and emergency procurements, as well as to
				  supplement Bulletin notices.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 500 - PURCHASES AND CONTRACTS › Subpart E - SUPPLIERS, PREQUALIFICATION AND RESPONSIBILITY › Section 500.420 - Prequalification

Current through Register Vol. 48, No. 28, July 12, 2024
a) General
1) The CPO shall identify by publication in
				the Auditor General Bulletin the categories of supplies and services (including
				professional and artistic services) for which the OAG may prequalify vendors of
				those supplies and services. The OAG is not required to prequalify vendors but
				may do so when determination of a vendor's qualifications prior to procurement
				would be advantageous to the OAG.
2) An opportunity to prequalify shall be
				allowed at least one time each fiscal year. The opportunity to prequalify shall
				be announced in the Auditor General Bulletin.
3) When prequalifying a vendor, the
				Procurement Officer may limit prequalifications to determining whether a vendor
				has been and is likely to be "responsible" using the criteria set forth in
				Section
				500.430 of this Part.
				The fact that a prospective vendor has been prequalified does not necessarily
				represent a finding of responsibility for a particular procurement.
4) When prequalifying a vendor, the
				Procurement Officer may consider factors tailored to a specific procurement or
				type of procurement, which shall be announced in the Auditor General
				Bulletin.
5) Except as provided in
				Section
				500.320(e),
				prequalification shall not be used to bar or prevent any qualified business or
				person from bidding or responding to invitations for bid or requests for
				proposal.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 500 - PURCHASES AND CONTRACTS › Subpart E - SUPPLIERS, PREQUALIFICATION AND RESPONSIBILITY › Section 500.430 - Responsibility

Current through Register Vol. 48, No. 28, July 12, 2024
a) Application
Contracts are to be made only with responsible vendors unless
				  no responsible vendor is available to meet the OAG's needs. If there is doubt
				  about responsibility, and if a bond or other security would adequately protect
				  the State's interests, then that vendor may be awarded a contract upon receipt
				  of the bond or other security.
b) Standards of Responsibility
1) Standards. Factors to be considered in
				determining whether the standard of responsibility has been met may include,
				but are not limited to, whether a prospective vendor:
A) has available the appropriate financial,
				material, equipment, facility, and personnel resources and expertise (or the
				ability to obtain them) necessary to indicate its capability to meet all
				contractual requirements (the Procurement Officer may designate a level below
				which the vendor will be deemed "not responsible");
B) is able to comply with required or
				proposed delivery or performance schedules, taking into consideration all
				existing commercial and governmental commitments;
C) has a satisfactory record of performance.
				Vendors who are or have been deficient in current or recent contract
				performance in dealing with the State or other customers may be deemed "not
				responsible" unless the deficiency is shown to have been beyond the reasonable
				control of the vendor;
D) has a
				satisfactory record of integrity and business ethics. Vendors who are under
				investigation or indictment for criminal or civil actions that bear on the
				particular procurement or that create a reasonable inference or appearance of a
				lack of integrity on the part of the vendor may be declared not responsible for
				the particular procurement;
E) is a
				legal entity prior to submitting the bid, offer or proposal and is authorized
				to transact business or conduct affairs in Illinois prior to execution of the
				contract;
F) has supplied all
				necessary information in connection with the inquiry concerning
				responsibility;
G) has a current
				Public Contracts number from the Illinois Department of Human Rights, pursuant
				to 44 Ill. Adm. Code
				750.210,
				if required. Proof of application prior to opening of bids or proposals will be
				sufficient for an initial determination;
H) pays prevailing wages, if required by law;
				and
I) is current in payment of all
				State of Illinois taxes, including the unemployment insurance tax.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 500 - PURCHASES AND CONTRACTS › Subpart F - BID, PROPOSAL AND PERFORMANCE SECURITY › Section 500.500 - Security Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) A
				Procurement Officer may require that a vendor furnish bid, proposal or
				performance security on OAG contracts. Whenever security is required, except as
				provided herein, the procurement document will clearly indicate the type and
				amount of security.
b) Security,
				unless otherwise specified, may be in the form of cashier's check, certified
				check, money order, irrevocable letter of credit or bond. Any bond must be
				issued by a surety company authorized to do business in the State of
				Illinois.
c) Unless the amount is
				set by law, the CPO will determine the amount, in dollars or percentage of
				contract price, that will adequately protect the State's interests.
d) A vendor may be required to furnish up to
				100% performance security at any time during contract performance and at its
				cost, if it appears that delivery or production schedules cannot be met,
				quality is poor, responsibility is questioned and for similar
				reasons.
e) Permissive/Mandatory
				Security
1) Bid or proposal security is
				permissive on any contract but is not appropriate on emergency or sole source
				procurements.
2) Performance
				security is permissive on any contract and is recommended on contracts calling
				for advance payment.
3) Performance
				security is required on all public works contracts.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 500 - PURCHASES AND CONTRACTS › Subpart G - SPECIFICATIONS › Section 500.600 - Specifications

Current through Register Vol. 48, No. 28, July 12, 2024
a) Responsibilities
				Regarding Specifications
The Procurement Officer is authorized to write specifications
				  for procurements for the OAG.
b) Procedures for the Development of
				Specifications
1) All procurements shall be
				based on specifications that accurately reflect the OAG's needs. Specifications
				shall clearly and precisely describe the salient technical or performance
				requirements.
2) Specifications
				shall not include restrictions that do not significantly affect the technical
				requirements or performance requirements, or other legitimate OAG needs. All
				specifications shall be written in such a manner as to describe the
				requirements to be met, without having the effect of exclusively requiring a
				proprietary supply or service, or procurement from a sole source, unless no
				other manner of description will suffice.
3) Any specifications or standards adopted by
				business, industry, not-for-profit organization or governmental unit may be
				adopted by reference.
4) A
				specification may provide alternate descriptions where two or more design,
				functional, or performance criteria will satisfactorily meet the OAG's
				requirements.
5)
A
				solicitation or specification for a contract, or a contract, may not require,
				stipulate, suggest or encourage a monetary or other financial contribution or
				donation, cash bonus or incentive, or economic investment as an explicit or
				implied term or condition of awarding or completing the contract.
[
				30 ILCS 500/20-50
				]
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 500 - PURCHASES AND CONTRACTS › Subpart H - CONTRACT TYPE › Section 500.700 - Types of Contracts

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Subject to the limitations of this Section and unless otherwise authorized by
				law, any type of contract that will promote the best interests of the State may
				be used.
b) Prohibition of
				Cost-Plus-a-Percentage-of-Cost Contracting
The cost-plus-a-percentage-of-cost contract is prohibited.
				  This type of contracting may not be used alone or in conjunction with an
				  authorized type of contract. A cost-plus-percentage-of-cost contract is one in
				  which the vendor selects the supply or service on which the vendor's percentage
				  is applied.
1) A percentage mark-up
				from an agreed price list is not a cost-plus-a-percentage-of-cost
				contract.
2) A percentage mark-up
				from the cost of a supply or service selected by the State or another vendor
				under contract to the State is not a cost-plus-a-percentage-of-cost
				contract.
3) A percentage mark-up
				from the cost of parts needed in relation to a contract for services does not
				convert the services contract to a prohibited cost-plus-a-percentage-of-cost
				contract, provided the parts supplied under the cost-plus-a-percentage-of-cost
				method do not exceed 20% of the value of the contract.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 500 - PURCHASES AND CONTRACTS › Subpart I - DURATION OF CONTRACTS › Section 500.800 - Duration of Contracts

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				General
1) A multi-term contract for a term
				up to 10 years, inclusive of proposed contract renewals, is authorized when
				determined by the Procurement Officer to be in the best interest of the
				State.
2) A software license
				designated as a perpetual license is not considered a multi-term contract; it
				is instead a one-time purchase.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 500 - PURCHASES AND CONTRACTS › Subpart J - CONTRACT MATTERS › Section 500.900 - Prevailing Wage

Current through Register Vol. 48, No. 28, July 12, 2024
a) In
				order to be considered responsible under Section
				500.430, vendors of the
				following classifications of services must certify to the OAG that their
				employees are paid wages and benefits and are working under conditions
				prevalent in the location where the work is to be performed:
1) Printing;
2) Janitorial cleaning services, window
				cleaning services, building and grounds services, site technician services,
				natural resources services, food services, and security services of $2,000 or
				more or $200 or more per month; and
3) Public works.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 500 - PURCHASES AND CONTRACTS › Subpart J - CONTRACT MATTERS › Section 500.910 - Filing with Comptroller

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Filing with Comptroller
Whenever a contract liability, except for contracts paid from
				  personal services or contracts between the State and its employees to defer
				  compensation in accordance with Article 24 of the Illinois Pension Code [ 40
				  ILCS 5 ], exceeding $20,000 is incurred by the OAG, a copy of the contract,
				  purchase order, or lease shall be filed with the Comptroller within 30 calendar
				  days thereafter.
b) Late
				Filing Affidavit
When a contract, purchase order, or lease required to be
				  filed by this Section has not been filed within 30 calendar days after
				  execution, the OAG must file with the Comptroller an affidavit, signed by the
				  Auditor General or his or her designee, setting forth an explanation of why the
				  contract liability was not filed within 30 calendar days after execution. A
				  copy of this affidavit shall be filed with the Auditor
				  General.
c) Timely Execution
				of Contracts
No voucher shall be submitted to the Comptroller for a
				  warrant to be drawn for the payment of money from the State treasury or from
				  other funds held by the State Treasurer on account of any contract unless the
				  contract is reduced to writing before the services are performed and filed, if
				  so required under subsection (a), with the Comptroller. Contractors shall not
				  be paid for any supplies that were received or services that were rendered
				  before the contract was reduced to writing and signed by all necessary parties.
				  A Procurement Officer may request an exception to this requirement by
				  submitting a written statement to the Comptroller and Treasurer setting forth
				  the circumstances and reasons why the contract could not be reduced to writing
				  before the supplies were received or services were performed. A waiver of this
				  requirement must be approved by the Comptroller and Treasurer. The requirements
				  of this subsection shall not apply to emergency purchases if notice of the
				  emergency purchase is published in the Auditor General Bulletin as required by
				  Section
				  500.350.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 500 - PURCHASES AND CONTRACTS › Subpart J - CONTRACT MATTERS › Section 500.920 - Equal Employment Opportunity; Affirmative Action

Current through Register Vol. 48, No. 28, July 12, 2024
a) Public Contracts
Every party to a public contract and every eligible bidder
				  shall:
1) Refrain from unlawful
				discrimination and discrimination based on citizenship status in employment and
				undertake affirmative action to assure equality of employment opportunity and
				eliminate the effects of past discrimination;
2) Comply with applicable procedures and
				requirements of the Department of Human Right's (DHR) regulations concerning
				equal employment opportunities and affirmative action;
3) Provide such information, with respect to
				its employees and applicants for employment, and assistance as DHR may
				reasonably request;
4) Have written
				sexual harassment policies that shall include, at a minimum, the following
				information:
A) the illegality of sexual
				harassment;
B) the definition of
				sexual harassment under State law;
C) a description of sexual harassment,
				utilizing examples;
D) the vendor's
				internal complaint process, including penalties;
E) the legal recourse, investigative and
				complaint process available through DHR and the Human Rights
				Commission;
F) directions on how to
				contact DHR and the Commission; and
G) protection against retaliation as provided
				by Section 6-101 of the Illinois Human Rights Act (IHRA) [775 ILCS 5 ]. A copy
				of the policies shall be provided to DHR upon request.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 500 - PURCHASES AND CONTRACTS › Subpart K - REAL PROPERTY LEASES AND CAPITAL IMPROVEMENT LEASES › Section 500.1000 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
Except as otherwise authorized or required by law, all leases
				  for real property or capital improvements, including office and storage space,
				  buildings and other facilities for State agencies where the State is the lessee
				  are subject to, and shall be procured by, the OAG in accordance with this
				  Part.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 500 - PURCHASES AND CONTRACTS › Subpart K - REAL PROPERTY LEASES AND CAPITAL IMPROVEMENT LEASES › Section 500.1010 - Method of Source Selection

Current through Register Vol. 48, No. 28, July 12, 2024
Leases shall be procured by a Request for Information (RFI)
				  process except that the process need not be used in any of the following
				  circumstances:
a) Property of less
				than 10,000 square feet with rent of less than $100,000 per year.
b) Duration of less than one year that cannot
				be renewed.
c) Specialized space
				available at only one location.
d)
				Renewal or extension of leases after the effective date of this Part, provided
				that:
1) the CPO determines in writing that
				renewal or extension is in the best interest of the State;
2) the CPO publishes notice of the renewal or
				extension in the Auditor General Bulletin; and
3) the length of the lease, including
				renewals, does not exceed 10 years.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 500 - PURCHASES AND CONTRACTS › Subpart K - REAL PROPERTY LEASES AND CAPITAL IMPROVEMENT LEASES › Section 500.1015 - Historic Area Preference

Current through Register Vol. 48, No. 28, July 12, 2024
State agencies with responsibilities for leasing, acquiring
				  or maintaining State facilities shall take all reasonable steps to minimize any
				  regulations, policies and procedures that impede the goals of Section 17 of the
				  Capital Development Board Act [20 ILCS 3105 ]. [30
				  ILCS 500/45-80 ]
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 500 - PURCHASES AND CONTRACTS › Subpart K - REAL PROPERTY LEASES AND CAPITAL IMPROVEMENT LEASES › Section 500.1020 - Request for Information

Current through Register Vol. 48, No. 28, July 12, 2024
a) RFI
				Form
When required, an RFI shall be issued and shall
				  include:
1) the type of property to be
				leased;
2) the proposed uses of the
				property;
3) the duration of the
				lease;
4) the preferred location of
				the property; and
5) a general
				description of the configuration desired.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 500 - PURCHASES AND CONTRACTS › Subpart K - REAL PROPERTY LEASES AND CAPITAL IMPROVEMENT LEASES › Section 500.1030 - Lease Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Length of Leases
1) Maximum Term. Except
				where a longer term is authorized by law, leases shall be for a term not to
				exceed 10 years inclusive of proposed contract renewals and shall include a
				termination option in favor of the OAG after no more than 5 years.
2) Renewal Option. Leases may include a
				renewal option. An option to renew may be exercised only when the Procurement
				Officer determines in writing that renewal is in the best interest of the OAG
				and notice of the exercise of the option is published in the Auditor General
				Bulletin at least 60 calendar days prior to the exercise of the
				option.
3) Holdover. No lease may
				continue on a month-to-month or other holdover basis for a total of more than 6
				months.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 500 - PURCHASES AND CONTRACTS › Subpart K - REAL PROPERTY LEASES AND CAPITAL IMPROVEMENT LEASES › Section 500.1040 - Purchase Option

Current through Register Vol. 48, No. 28, July 12, 2024
Initial leases of all space in entire, free-standing
				  buildings shall include an option to purchase exercisable by the OAG, unless
				  the CPO determines that inclusion of a purchase option is not in the OAG's best
				  interest and makes that determination in writing along with the reasons for
				  making that determination. The determination shall be published in the Auditor
				  General Bulletin. Leases from governmental units and not-for-profit entities
				  are exempt from the requirements of this Section.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 500 - PURCHASES AND CONTRACTS › Subpart K - REAL PROPERTY LEASES AND CAPITAL IMPROVEMENT LEASES › Section 500.1050 - Rent Without Occupancy

Current through Register Vol. 48, No. 28, July 12, 2024
Except when deemed by the CPO to be in the best interest of
				  the State, the OAG may not incur rental obligations before having occupancy or
				  possession of the space rented.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 500 - PURCHASES AND CONTRACTS › Subpart K - REAL PROPERTY LEASES AND CAPITAL IMPROVEMENT LEASES › Section 500.1060 - Local Site Preferences

Current through Register Vol. 48, No. 28, July 12, 2024
Upon the request of the chief executive officer of a unit of
				  local government, leasing preferences may be given to sites located in
				  enterprise zones, tax increment districts, or redevelopment
				  districts.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 500 - PURCHASES AND CONTRACTS › Subpart L - PREFERENCES › Section 500.1110 - Resident Vendor Preference

Current through Register Vol. 48, No. 28, July 12, 2024
a)
When a contract is to be awarded
				to the lowest responsible bidder or offeror, a resident bidder or offeror shall
				be allowed a preference as against a non-resident bidder or offeror from any
				state that gives or requires a preference to bidders or offerors from that
				state. The preference shall be equal to the preference given or required by the
				state of the non-resident bidder or offeror. Further, if only non-resident
				bidders or offerors are bidding, the purchasing agency is within its right to
				specify that Illinois labor and manufacturing locations be used as a part of
				the manufacturing process, if applicable. This specification may be negotiated
				as part of the solicitation process.
[30 ILCS
				500/45-10(a) ]
b) "Illinois resident bidder or offeror" as
				used in this Section means a person authorized to transact business in this
				State and having a bona fide establishment for transacting business within this
				State at which it was actually transacting business on the date when any bid
				for a public contract is first advertised or announced. A resident bidder or
				offeror includes a foreign corporation duly authorized to transact business in
				this State that has a bona fide establishment for transacting business within
				this State where it was actually transacting business on the date when any bid
				for a public contract is first advertised or announced.
c) This Section does not apply to any
				contract for any project as to which federal funds are available for
				expenditure when its provisions may be in conflict with federal law or federal
				regulation.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 500 - PURCHASES AND CONTRACTS › Subpart L - PREFERENCES › Section 500.1120 - Soybean Oil-based Ink and Vegetable Oil-based Ink

Current through Register Vol. 48, No. 28, July 12, 2024
Contracts requiring the procurement of offset printing
				  services shall specify the use of soybean oil-based ink or vegetable oil-based
				  ink unless the Procurement Officer determines that another type of ink is
				  required to assure high quality and reasonable pricing of the printed product.
				  This Section does not apply to digital printing services.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 500 - PURCHASES AND CONTRACTS › Subpart L - PREFERENCES › Section 500.1130 - Recycled Supplies

Current through Register Vol. 48, No. 28, July 12, 2024
When a public contract is to be awarded to the lowest
				  responsible bidder or offeror, an otherwise qualified bidder or offeror who
				  will fulfill the contract through the use of products made of recycled supplies
				  shall be given preference over other bidders or offerors unable to do so,
				  provided that the cost included in the bid of supplies is equal
to
or less than other bids or offers, unless the use of the product
				  constitutes an undue practical hardship.
[
				  30 ILCS
				  500/45-20 ]
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 500 - PURCHASES AND CONTRACTS › Subpart L - PREFERENCES › Section 500.1140 - Recyclable Supplies

Current through Register Vol. 48, No. 28, July 12, 2024
All supplies purchased for use by State agencies must be
				  recyclable paper unless a recyclable substitute cannot be used to meet the
				  requirements of the State agencies or would constitute an undue economic or
				  practical hardship. [30 ILCS
				  500/45-25 ]
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 500 - PURCHASES AND CONTRACTS › Subpart L - PREFERENCES › Section 500.1145 - Environmentally Preferable Procurement

Current through Register Vol. 48, No. 28, July 12, 2024
State agencies shall contract for supplies and services that
				  are environmentally preferable, as that term is defined in
				  30 ILCS
				  500/45-26. If, however, contracting for an
				  environmentally preferable supply or service would impose an undue economic or
				  practical hardship on the contracting State agency, or if an environmentally
				  preferable supply or service cannot be used to meet the requirements of the
				  State agency, then the State agency need not contract for an environmentally
				  preferable supply or service. Specifications for contracts, at the discretion
				  of the contracting State agency, may include a price preference of up to 10%
				  for environmentally preferable supplies or services. [30 ILCS
				  500/45-26]
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 500 - PURCHASES AND CONTRACTS › Subpart L - PREFERENCES › Section 500.1148 - Biobased Products

Current through Register Vol. 48, No. 28, July 12, 2024
When a State contract is to be awarded to the lowest
				  responsible bidder, an otherwise qualified bidder who will fulfill the contract
				  through the use of biobased products may be given preference over other bidders
				  unable to do so, provided that the cost included in the bid of biobased
				  products is not more than 5% greater than the cost of products that are not
				  biobased. [30 ILCS
				  500/45-75 ]
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 500 - PURCHASES AND CONTRACTS › Subpart L - PREFERENCES › Section 500.1150 - Correctional Industries

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The CPO shall make available to all Procurement Officers a listing of the
				supplies or services available from the Department of Corrections and shall
				identify those that must be purchased from Corrections.
b) Those items that must be purchased from
				Corrections may not be procured from any other source without the express
				written authorization of the CPO.
c) Procurement Officers are authorized to
				procure from Corrections without seeking competition or giving public notice,
				but must inform the CPO of all such purchases.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 500 - PURCHASES AND CONTRACTS › Subpart L - PREFERENCES › Section 500.1160 - Qualified Not-for-Profit Agencies for Persons with Significant Disabilities

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Use
The Procurement Officer may determine to contract with a
				  qualified not-for-profit agency for persons with significant disabilities on
				  the list maintained by the State Use Committee and may do so without notice or
				  competition.
b) Pricing
				Approval
While notice and competition is not required prior to
				  contracting with qualified not-for-profit agencies for persons with significant
				  disabilities, prices must be reasonable. Whether a price is reasonable will be
				  determined based upon current market prices, historical prices, prices received
				  by other State agencies for similar supplies or services, the policy of the
				  Code to promote procurements from qualified not-for-profit agencies for persons
				  with significant disabilities, and other such relevant
				  factors.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 500 - PURCHASES AND CONTRACTS › Subpart L - PREFERENCES › Section 500.1170 - Gas Mileage

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Specifications for the purchase of new passenger automobiles shall require
				compliance with minimum gas mileage requirements established in Section 45-40
				of the Code. As used in this Section, passenger automobile does not include
				station wagons, vans, four-wheel drive vehicles, emergency vehicles, or police
				or fire vehicles.
b) All
				gasoline-powered vehicles purchased from State funds must be flexible fuel
				vehicles or fuel efficient hybrid vehicles. Any vehicle purchased from State
				funds that is fueled by diesel fuel shall be certified by the manufacturer to
				run on 5% biodiesel (B5) fuel.
c)
				The CPO may exempt a procurement from the requirements of subsections (a) and
				(b) when a demonstrated need has been presented to the CPO in writing and
				approved by that officer.
d) In
				awarding contracts requiring the procurement of vehicles, preference may also
				be given to an otherwise qualified bidder or offeror who will fulfill the
				contract through the use of vehicles powered by ethanol produced from Illinois
				corn or biodiesel fuels produced from Illinois soybeans. [30
				ILCS 500/45-60 ]
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 500 - PURCHASES AND CONTRACTS › Subpart L - PREFERENCES › Section 500.1190 - Contracting with Businesses Owned and Controlled by Minorities, Women and Persons with Disabilities

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Upon direction of the CPO, the OAG may establish goals and other such
				preferences for contracting or subcontracting with businesses owned and
				controlled by minorities, women and persons with disabilities.
b) For purposes of this Section, the
				individuals claiming ownership and control must own at least 51% of the
				business.
c) The CPO may refer to
				the list of businesses that have been certified by CMS or other appropriate
				agency under the Business Enterprise Act for Minorities, Women, and Persons
				with Disabilities [ 30 ILCS 575 ].
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 500 - PURCHASES AND CONTRACTS › Subpart L - PREFERENCES › Section 500.1195 - Illinois Agricultural Products

Current through Register Vol. 48, No. 28, July 12, 2024
In awarding contracts requiring the procurement of
				  agricultural products, preference may be given to an otherwise qualified bidder
				  or offeror who will fulfill the contract through the use of agricultural
				  products grown in Illinois. [30 ILCS
				  500/45-50 ]
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 500 - PURCHASES AND CONTRACTS › Subpart L - PREFERENCES › Section 500.1197 - Corn-based Plastics

Current through Register Vol. 48, No. 28, July 12, 2024
In awarding contracts requiring the procurement of plastic
				  products, preference may be given to an otherwise qualified bidder or offeror
				  who will fulfill the contract through the use of plastic products made from
				  Illinois corn by-products. [30 ILCS
				  500/45-55 ]
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 500 - PURCHASES AND CONTRACTS › Subpart L - PREFERENCES › Section 500.1199 - Disabled Veterans

Current through Register Vol. 48, No. 28, July 12, 2024
It is the goal of the State to promote and encourage the
				  continued economic development of small businesses owned and controlled by
				  qualified veterans and that qualified service-disabled veteran-owned small
				  businesses (referred to as SDVOSB) and veteran-owned small businesses (referred
				  to as VOSB) participate in the State's procurement process as both prime
				  contractors and subcontractors. [30 ILCS
				  500/45-57 ] Upon direction of the CPO, the OAG may
				  establish goals and other such preferences for contracting or subcontracting
				  with SDVOSB and VOSB that are certified by the Department of Veterans' Affairs
				  and the Department of Central Management Services.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 500 - PURCHASES AND CONTRACTS › Subpart M - ETHICS › Section 500.1200 - Bribery

Current through Register Vol. 48, No. 28, July 12, 2024
a)
Prohibition
No person or business shall be awarded a contract or
				  subcontract who:
1) has been
				convicted under the laws of Illinois or any other state of bribery or
				attempting to bribe an officer or employee of the State of Illinois or any
				other state in that officer's or employee's official capacity; or
2) has made an admission of guilt of that
				conduct that is a matter of record but has not been prosecuted for that
				conduct.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 500 - PURCHASES AND CONTRACTS › Subpart M - ETHICS › Section 500.1210 - Felons

Current through Register Vol. 48, No. 28, July 12, 2024
a)
Unless
				otherwise provided, no person or business convicted of a felony shall do
				business with the State of Illinois or any State agency, or enter into a
				subcontract, from the date of conviction until 5 years after the date of
				completion of the sentence for that felony, unless no person held responsible
				by a prosecutorial office for the facts upon which the conviction was based
				continues to have any involvement with the business.
[30
				ILCS 500/50-10 ]
b)
Every bid or offer submitted to
				the State, every contract executed by the State, and every subcontract subject
				to
this Part
shall contain a certification by the bidder,
				offeror, potential contractor, contractor, or subcontractor, respectively, that
				the bidder, offeror, potential contractor, contractor, or subcontractor is not
				barred from being awarded a contract or subcontract under this Section and
				acknowledges that the CPO may declare the related contract void if any of the
				certifications required by this Section are false.
If the false
				certification is made by a subcontractor, then the contractor's submitted bid
				or offer and the executed contract may not be declared void, unless the
				contractor refuses to terminate the subcontract upon the State's request after
				a finding that the subcontract's certification was false.
[30 ILCS
				500/50-10 ]
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 500 - PURCHASES AND CONTRACTS › Subpart M - ETHICS › Section 500.1215 - Prohibited Bidders and Contractors

Current through Register Vol. 48, No. 28, July 12, 2024
a)
Unless otherwise provided, no
				business shall bid, offer, 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 and offer submitted to
				the State, every contract executed by the State and every subcontract shall
				contain a certification by the bidder, contractor, or subcontractor,
				respectively, that the bidder, offeror, potential contractor, contractor, or
				subcontractor, respectively, that the bidder, offeror, potential contractor,
				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
				completed pursuant to this subsection (b) are false. If the false certification
				is made by a subcontractor, then the contractor's submitted bid or offer and
				the executed contract may not be declared void, unless the contractor refuses
				to terminate the subcontract upon the State's request after a finding that the
				subcontract's certification was false.
[30 ILCS
				500/50-10.5]
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 500 - PURCHASES AND CONTRACTS › Subpart M - ETHICS › Section 500.1217 - Debt Delinquency

Current through Register Vol. 48, No. 28, July 12, 2024
a)
No person shall submit a bid or offer for, or enter into, a contract or
				subcontract under this
Part,
if that person knows or should
				know that he or she or any affiliate is delinquent in the payment of any debt
				to the State, unless the person or affiliate has entered into a deferred
				payment plan to pay off the debt.
[30 ILCS
				500/50-11(a) ] For purposes of this
				Section, terms shall be as defined in Section 50-11 of the Code.
b)
Every bid and offer submitted to
				the State, every contract executed by the State and every subcontract shall
				contain a certification by the bidder, offeror, potential contractor,
				contractor, or subcontractor, respectively, that the bidder, offeror,
				respondent, potential contractor, contractor, or the subcontractor and its
				affiliate is not barred from being awarded a contract or subcontract under this
				Section and acknowledges that the chief procurement officer may declare the
				related contract void if any of the certifications completed pursuant to this
				subsection (b) are false. If the false certification is made by a
				subcontractor, then the contractor's submitted bid or offer and the executed
				contract may not be declared void, unless the contractor refuses to terminate
				the subcontract upon the State's request after a finding that the subcontract's
				certification was false.
[30 ILCS
				500/50-11(b) ]
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 500 - PURCHASES AND CONTRACTS › Subpart M - ETHICS › Section 500.1218 - Collection and Remittance of Illinois Use Tax

Current through Register Vol. 48, No. 28, July 12, 2024
a)
No person shall enter into a
				contract with a State agency or enter into a subcontract unless the person and
				all affiliates of the person collect and remit Illinois Use Tax on all sales of
				tangible personal property into the State of Illinois in accordance with the
				provisions of the Illinois Use Tax Act
[35 ILCS 105 ]
regardless of whether the person or affiliate is a "retailer
				maintaining a place of business within this State" as defined in Section 2 of
				the Use Tax Act.
[30 ILCS
				500/50-12 ] For purposes of this Section, terms shall
				be as defined in Section 50-12 of the Code.
b)
Every bid and offer submitted to
				the State, every contract executed by the State and every subcontract shall
				contain a certification by the bidder, offeror, potential contractor,
				contractor, or subcontractor, respectively, that the bidder, offeror,
				respondent, potential contractor, contractor, or subcontractor is not barred
				from bidding for or entering into a contract under subsection (a) of this
				Section and acknowledges that the chief procurement officer may declare the
				related contract void if any of the certifications completed pursuant to this
				subsection (b) are false. If the false certification is made by a
				subcontractor, then the contractor's submitted bid or offer and the executed
				contract may not be declared void, unless the contractor refuses to terminate
				the subcontract upon the State's request after a finding that the subcontract's
				certification was false.
[30 ILCS 500/50-12]
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 500 - PURCHASES AND CONTRACTS › Subpart M - ETHICS › Section 500.1230 - 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 OAG 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 500 - PURCHASES AND CONTRACTS › Subpart M - ETHICS › Section 500.1235 - Environmental Protection Act Violations

Current through Register Vol. 48, No. 28, July 12, 2024
a)
Unless otherwise provided, no
				person or business found by a court or the Pollution Control Board to have
				committed a willful or knowing violation of the Environmental Protection
				Act
[415 ILCS 5 ]
shall do business with the State of Illinois
				or any State agency or enter into a subcontract from the date of the order
				containing the finding of violation until 5 years after that date, unless the
				person or business can show that no person involved in the violation continues
				to have any involvement with the business.
[30 ILCS
				500/50-14(a) ]
b)
A person or business otherwise
				barred from doing business with the State of Illinois or any State agency or
				subcontracting under
the
Code by subsection (a) may be allowed
				to do business with the State of Illinois or any State agency if it is shown
				that there is no practicable alternative to the State to contracting with that
				person or business.
[30
				ILCS 500/50-14(b) ]
c)
Every bid or offer submitted to
				the State, every contract executed by the State and every subcontract shall
				contain a certification by the bidder, offeror, potential contractor,
				contractor, or subcontractor, respectively, that the bidder, offeror, potential
				contractor, contractor, or subcontractor is not barred from being awarded a
				contract or subcontract under this Section and acknowledges that the
				contracting State agency may declare the related contract void if any of the
				certifications completed pursuant to this subsection (c) are
				false.
If the false certification is made by a subcontractor,
				then the contractor's submitted bid or offer and the executed contract may not
				be declared void, unless the contractor refuses to terminate the subcontract
				upon the State's request after a finding that the subcontract's certification
				was false.
[30 ILCS
				500/50-14(c) ]