reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 71 - PUBLIC BUILDINGS, FACILITIES AND REAL PROPERTY › Part 2000 - PUBLIC BUILDING CONSTRUCTION › Subpart C - RESPONSIBILITY › Section 2000.220 - Security Required

Current through Register Vol. 48, No. 28, July 12, 2024
The Director of Purchasing will require that a Bidder furnish
				  bid or performance security on State contracts exceeding $10,000.00 in value.
				  Whenever a bond is required, the bid request will clearly indicate the type and
				  amount of security.
Illinois Administrative Code › Title 71 - PUBLIC BUILDINGS, FACILITIES AND REAL PROPERTY › Part 2000 - PUBLIC BUILDING CONSTRUCTION › Subpart C - RESPONSIBILITY › Section 2000.225 - Form of Security

Current through Register Vol. 48, No. 28, July 12, 2024
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.
Illinois Administrative Code › Title 71 - PUBLIC BUILDINGS, FACILITIES AND REAL PROPERTY › Part 2000 - PUBLIC BUILDING CONSTRUCTION › Subpart C - RESPONSIBILITY › Section 2000.230 - Amount

Current through Register Vol. 48, No. 28, July 12, 2024
The Director of Purchasing will determine the amount, in
				  percentage of contract price, that will adequately protect the Agency's
				  interests. This percentage will be 10 percent unless the performance record of
				  the bidder is deficient as determined in Section
				  2000.210
				  or a greater percentage is required to ensure completion of the project in
				  accordance with the requirements of the invitation for bid.
Illinois Administrative Code › Title 71 - PUBLIC BUILDINGS, FACILITIES AND REAL PROPERTY › Part 2000 - PUBLIC BUILDING CONSTRUCTION › Subpart C - RESPONSIBILITY › Section 2000.235 - Subsequent Requirement

Current through Register Vol. 48, No. 28, July 12, 2024
A Bidder shall be required to furnish up to 100% performance
				  security at his/her cost without prior notice, as determined by the Director of
				  Purchasing, if it appears that delivery or production schedule cannot be met,
				  quality is poor, responsibility is questioned and for similar reasons that bear
				  upon the ability to perform the contract.
Illinois Administrative Code › Title 71 - PUBLIC BUILDINGS, FACILITIES AND REAL PROPERTY › Part 2000 - PUBLIC BUILDING CONSTRUCTION › Subpart C - RESPONSIBILITY › Section 2000.240 - Security Allowances

Current through Register Vol. 48, No. 28, July 12, 2024
a) Bid
				security will be required pursuant to Section
				2000.220, but
				will not be required on negotiations, emergency or sole source
				procurements.
b) Performance
				security will be required pursuant to Section 2000.220, and will be required on
				contracts calling for advance payment.
Illinois Administrative Code › Title 71 - PUBLIC BUILDINGS, FACILITIES AND REAL PROPERTY › Part 2000 - PUBLIC BUILDING CONSTRUCTION › Subpart C - RESPONSIBILITY › Section 2000.245 - Annual Security

Current through Register Vol. 48, No. 28, July 12, 2024
A Bidder may submit a single or continuous security each year
				  which will be applicable on all contracts of the Agency. When such security has
				  been obligated in an amount equal to the sum of accumulated security
				  requirements, additional security must be submitted.
Illinois Administrative Code › Title 71 - PUBLIC BUILDINGS, FACILITIES AND REAL PROPERTY › Part 2000 - PUBLIC BUILDING CONSTRUCTION › Subpart C - RESPONSIBILITY › Section 2000.250 - Return of Security

Current through Register Vol. 48, No. 28, July 12, 2024
Bid security will be returned to unsuccessful Bidders after
				  award of the contract and issuance of a Notice to Proceed. The bid security of
				  the successful Bidder will be returned after contracts have been signed and
				  performance security, if any, submitted. Performance security will be returned
				  upon full performance.
Illinois Administrative Code › Title 71 - PUBLIC BUILDINGS, FACILITIES AND REAL PROPERTY › Part 2000 - PUBLIC BUILDING CONSTRUCTION › Subpart C - RESPONSIBILITY › Section 2000.255 - Recording

Current through Register Vol. 48, No. 28, July 12, 2024
a) Bid information,
				including opening date, general description of the procurement, names of
				Bidders and price information shall be entered in an abstract or record at time
				of opening.
b) The Director of
				Purchasing shall certify to the accuracy of the abstract or record. This
				abstract or record shall be available for public inspection following the award
				for a period of one year.
Illinois Administrative Code › Title 71 - PUBLIC BUILDINGS, FACILITIES AND REAL PROPERTY › Part 2000 - PUBLIC BUILDING CONSTRUCTION › Subpart D - AWARDING OF BIDS AND REJECTION › Section 2000.300 - Award

Current through Register Vol. 48, No. 28, July 12, 2024
Unless all bids are rejected, a notification shall be made in
				  writing within the time allowed for acceptance to the responsible Bidder whose
				  bid, conforming to the request for bids, will be most advantageous to the
				  Agency, including but not limited to, price, low bid, ability to do work,
				  regulatory provisions, special needs, responsiveness to bid request, fiscal
				  constraints and other terms or conditions stated by bidder. The notification
				  must be considered conditional upon favorable determination of any protest (see
				  Subpart G of this Part).
Illinois Administrative Code › Title 71 - PUBLIC BUILDINGS, FACILITIES AND REAL PROPERTY › Part 2000 - PUBLIC BUILDING CONSTRUCTION › Subpart D - AWARDING OF BIDS AND REJECTION › Section 2000.310 - Delay in Award

Current through Register Vol. 48, No. 28, July 12, 2024
Should administrative difficulties, such as delay in approval
				  from the Office of the Architect of the State Capitol, fiscal problems, acts of
				  God, death of parties, and utility failures, be encountered after bid opening
				  that may delay award beyond Bidders' acceptance periods, the responsive Bidders
				  may be requested, before expiration of their bids, to extend the bid acceptance
				  period (with consent of sureties, if any) in order to avoid the need for
				  readvertisement.
Illinois Administrative Code › Title 71 - PUBLIC BUILDINGS, FACILITIES AND REAL PROPERTY › Part 2000 - PUBLIC BUILDING CONSTRUCTION › Subpart D - AWARDING OF BIDS AND REJECTION › Section 2000.320 - Cancellation of Invitation

Current through Register Vol. 48, No. 28, July 12, 2024
Invitation for Bids may be cancelled prior to award or after
				  consideration of protest and all bids rejected prior to award when such action
				  is in the best interests of the Agency. Every effort shall be made to
				  anticipate necessity of rejection to avoid additional procurement costs and
				  exposure of bid prices. Reasons for rejecting all bids are:
a) Inadequate, ambiguous, or otherwise
				deficient specifications were cited in the Invitation for Bids.
b) The goods or services are no longer
				required.
c) The Invitation for
				Bids did not provide for consideration of all factors of cost to the
				Agency.
d) Bids received indicate
				that the needs of the Agency can be satisfied by a less expensive good or
				service differing from that on which the bids were invited.
e) All otherwise acceptable bids received are
				at unreasonable prices as compared to the estimated cost of the
				project.
f) The bids were not
				independently arrived at in open competition, were collusive, or were submitted
				in bad faith.
g) Time factors for
				delivery do not allow acceptance.
Illinois Administrative Code › Title 71 - PUBLIC BUILDINGS, FACILITIES AND REAL PROPERTY › Part 2000 - PUBLIC BUILDING CONSTRUCTION › Subpart D - AWARDING OF BIDS AND REJECTION › Section 2000.330 - Notice of Cancellation

Current through Register Vol. 48, No. 28, July 12, 2024
When it is determined to reject all bids and to rebid the
				  request, the Director of Purchasing shall notify each Bidder that all bids have
				  been rejected, stating the reason for such action.
Illinois Administrative Code › Title 71 - PUBLIC BUILDINGS, FACILITIES AND REAL PROPERTY › Part 2000 - PUBLIC BUILDING CONSTRUCTION › Subpart D - AWARDING OF BIDS AND REJECTION › Section 2000.340 - Rejection of Individual Bids

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Any bid which fails to conform to the essential requirements of the Invitation
				for Bids, such as specifications, delivery schedule, or permissible
				alternatives thereto, shall be rejected as nonresponsive in addition to the
				reasons specified in subsection (c) of this Section.
b) Bids containing any material alteration or
				erasure will be rejected unless the change is initialed in ink by the Bidder.
				Samples submitted showing evidence of altering or removing manufacturer's
				label, logotype, model or serial number, or any other standard of the industry
				for identification, shall be due cause for rejection of the bid, unless
				alteration or removal is supported with justifiable documentation satisfactory
				to the Director of Purchasing.
c) A
				bid shall be rejected or considered an alternative bid where the Bidder imposes
				conditions which would modify requirements of the Invitation for Bids or limit
				liability to the Agency so as to give an advantage over other Bidders. For
				example, bids shall be rejected in which the Bidder:
1) Attempts to protect against future changes
				in conditions such as increased costs, if total price to the Agency cannot be
				determined for bid evaluation.
2)
				Fails to state a price and, in lieu thereof, states that price shall be "price
				in effect at time of delivery".
3)
				States a price but qualifies such price as being subject to "price in effect at
				time of delivery", or "price subject to change".
4) Where not authorized by the invitation,
				conditions or qualifies the bid by stipulating that the bid is to be considered
				only if, prior to date of award, Bidder receives (or does not receive) award
				under a separate procurement.
5)
				Limits rights of Agency under any contract clause. However, a low Bidder may be
				requested to delete objectionable conditions from the bid if these conditions
				do not go to the substance, as distinguished from the form of the bid. A
				condition goes to the substance of a bid where it affects price, quantity,
				quality, or delivery of the items offered.
Illinois Administrative Code › Title 71 - PUBLIC BUILDINGS, FACILITIES AND REAL PROPERTY › Part 2000 - PUBLIC BUILDING CONSTRUCTION › Subpart D - AWARDING OF BIDS AND REJECTION › Section 2000.350 - Minor Informalities or Irregularities in Bids

Current through Register Vol. 48, No. 28, July 12, 2024
A minor informality or irregularity is one which is a matter
				  of form or pertains to some immaterial or inconsequential defect or variation
				  of a bid from the exact requirement of the Invitation for Bids, the correction
				  or waiver of which would not be prejudicial to other Bidders. The defect or
				  variation in the bid is immaterial and inconsequential when its significance as
				  to price, quantity, quality, or delivery is trivial or negligible when compared
				  to the total cost or scope of the goods or services being procured. The
				  Director of Purchasing shall either give the Bidder an opportunity to cure any
				  deficiency resulting from a minor informality or irregularity in a bid or waive
				  such deficiency, whichever is to the advantage of the Agency. Examples of minor
				  informalities or irregularities of form include, but are not limited to:
a) Failure of Bidder to return the number of
				copies of signed bids required by the Invitation for Bids.
b) Failure of Bidder to sign its bid, but
				only if:
1) The unsigned bid is accompanied by
				other material indicating the Bidder's intention to be bound by the unsigned
				bid document, such as the submission of a bid guarantee, or a letter signed by
				the Bidder with the bid referring to and clearly identifying the bid itself;
				or
2) The firm submitting a bid has
				formally adopted or authorized, before the date set for opening of bids, the
				execution of document by typewritten, printed, or stamped signature and submits
				evidence of such authorization and the bid carries such a signature.
Illinois Administrative Code › Title 71 - PUBLIC BUILDINGS, FACILITIES AND REAL PROPERTY › Part 2000 - PUBLIC BUILDING CONSTRUCTION › Subpart D - AWARDING OF BIDS AND REJECTION › Section 2000.360 - Time of Award

Current through Register Vol. 48, No. 28, July 12, 2024
After evaluation, the Director of Purchasing will determine
				  and announce the apparent awardee. The award will not become final until any
				  protest period has passed. If a protest is received, award will not be made
				  final until the protest is resolved, unless immediate award is necessary to
				  secure Agency needs. Performance prior to finalization of award or execution of
				  contract is at Bidder's risk.
Illinois Administrative Code › Title 71 - PUBLIC BUILDINGS, FACILITIES AND REAL PROPERTY › Part 2000 - PUBLIC BUILDING CONSTRUCTION › Subpart D - AWARDING OF BIDS AND REJECTION › Section 2000.370 - General

Current through Register Vol. 48, No. 28, July 12, 2024
After the opening of bids, Director of Purchasing shall
				  examine all bids for accuracy. In cases of apparent error and in cases where
				  the Director of Purchasing has reason to believe that an error may have been
				  made, he/she shall request from the Bidder a verification of the bid, calling
				  attention to the suspected error. If the Bidder alleges an error, the matter
				  shall be processed in accordance with Section
				  2000.350
				  of this Part. Such actions shall be taken prior to award.
Illinois Administrative Code › Title 71 - PUBLIC BUILDINGS, FACILITIES AND REAL PROPERTY › Part 2000 - PUBLIC BUILDING CONSTRUCTION › Subpart E - MISTAKES AND ERRORS › Section 2000.400 - Apparent Clerical Mistake

Current through Register Vol. 48, No. 28, July 12, 2024
Any clerical mistake, apparent on the face of a bid, may be
				  corrected by the Director of Purchasing prior to award, if the Director of
				  Purchasing has first obtained from the Bidder verification of the bid actually
				  intended. Examples of such apparent mistakes are: obvious misplacement of a
				  decimal point; obviously incorrect discounts (for example, 1 percent 10 days, 2
				  percent 20 days, 5 percent 30 days); obvious reversal of the price f.o.b. (free
				  on board) destination and price f.o.b. origin; and obvious mistake in
				  designation of unit. Correction shall be reflected in the award
				  document.
Illinois Administrative Code › Title 71 - PUBLIC BUILDINGS, FACILITIES AND REAL PROPERTY › Part 2000 - PUBLIC BUILDING CONSTRUCTION › Subpart E - MISTAKES AND ERRORS › Section 2000.410 - Other Mistakes Disclosed Before Award

Current through Register Vol. 48, No. 28, July 12, 2024
Director of Purchasing is authorized, in order to minimize
				  delay in contract awards, to make the administrative determinations described
				  below in connection with mistakes in bids alleged after opening of bids and
				  before award. The authority contained herein to permit correction of bids is
				  limited to bids which, as submitted, are responsive to the Invitation for Bids,
				  and may not be used to permit correction of bids to make them
				  responsive.
a) A determination may be
				made permitting the Bidder to withdraw its bid where the Bidder requests
				permission to do so and clear and convincing evidence establishes the existence
				of a mistake.
b) If the evidence is
				clear and convincing both as to the existence of a mistake and as to the bid
				actually intended, and if the bid, both as uncorrected and corrected, is the
				lowest received, a determination may be made to correct the bid and not permit
				its withdrawal.
c) A determination
				may be made permitting the Bidder to correct the bid where the Bidder requests
				permission to do so and clear and convincing evidence establishes both the
				existence of a mistake and the bid actually intended. However, if such
				correction would result in displacing one or more lower acceptable bids, the
				determination shall not be made unless the existence of the mistake and bid
				actually intended are ascertainable substantially from the invitation and bid
				itself. If the evidence is clear and convincing only as to the mistake, but not
				as to the intended bid, a determination permitting the Bidder to withdraw
				his/her bid may be made.
d) If the
				evidence does not warrant a determination under subsections (a), (b), or (c) of
				this Section, a determination may be made that a Bidder may neither withdraw
				nor correct his/her bid.
Illinois Administrative Code › Title 71 - PUBLIC BUILDINGS, FACILITIES AND REAL PROPERTY › Part 2000 - PUBLIC BUILDING CONSTRUCTION › Subpart E - MISTAKES AND ERRORS › Section 2000.420 - Processing Mistakes

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Suspected or alleged mistakes prior to award shall be processed as follows:
1) Whenever the Director of Purchasing
				suspects that a mistake may have been made in a bid, he/she shall immediately
				request that the Bidder verify the request. Such request shall inform the
				Bidder why the request for verification is made, that a mistake is suspected
				and the basis for such suspicion; e.g., that the bid is significantly out of
				line with the next low or other bids or with the Agency's estimate. If the time
				for acceptance of bids is likely to expire before a decision can be made, the
				Director of Purchasing, shall request all Bidders whose bids may become
				eligible for award to extend the time for acceptance of their bids. If the
				Bidder whose bid is believed erroneous does not grant such extension of time
				and a decision cannot be reached before expiration of the time for acceptance,
				even if handled by telegraph or telephone as provided in subsection (d) of this
				Section, the bid shall be considered as originally submitted.
2) If the Bidder verifies his/her bid, the
				Director of Purchasing shall consider it as originally submitted. If the Bidder
				alleges a mistake, the Director of Purchasing shall advise him/her to support
				his allegation by statements concerning the alleged mistake and by all
				pertinent evidence, such as the Bidder's file copy of the bid, his/her original
				worksheets and other data used in preparing the bid, subcontractors' and
				suppliers' quotations, if any, published price lists, and any other evidence
				which will serve to establish the mistake, the manner in which it occurred, and
				the bid actually intended.
Illinois Administrative Code › Title 71 - PUBLIC BUILDINGS, FACILITIES AND REAL PROPERTY › Part 2000 - PUBLIC BUILDING CONSTRUCTION › Subpart E - MISTAKES AND ERRORS › Section 2000.430 - Incorrect Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
If, for any reason, the Director of Purchasing makes an award
				  that is procedurally incorrect and if it determines not to overturn the award,
				  the protesting Bidder that should have received the award may only claim as
				  damages the reasonable cost of bid preparation, such as labor, postage,
				  photocopies, etc. An explanation of such procedural errors will be filed with
				  the Department of Central Management Services and with the Auditor
				  General.
Illinois Administrative Code › Title 71 - PUBLIC BUILDINGS, FACILITIES AND REAL PROPERTY › Part 2000 - PUBLIC BUILDING CONSTRUCTION › Subpart F - TERMS AND CONDITIONS › Section 2000.500 - Terms and Conditions of Transactions

Current through Register Vol. 48, No. 28, July 12, 2024
The following terms and conditions, or substitute language
				  proposed by the Bidder and acceptable to the Agency, whether in a contract form
				  or not, shall apply to any contract resulting from these procedures:
a) Entire Agreement - These terms and
				conditions, together with the Invitation for Bids, other written representation
				of Bidder, and all sheets or documents as are made a part hereof, shall
				constitute the entire present agreement between the parties.
b) Modifications - No change in, addition, or
				waiver of the items, conditions and specifications contained herein shall be a
				binding obligation on the Agency unless approved in writing by its authorized
				representative.
c) Warranties -
				Bidder makes the following warranties to Agency and its customers and the users
				of the goods or services herein described in the bid:
1) It will, at the date of delivery, have
				good title to any and all goods supplied hereunder, and said goods will be free
				and clear of any and all liens and encumbrances,
2) Any and all goods supplied hereunder will
				be merchantible quality and fit for the particular use intended,
3) Will be free from defects, whether patent
				or latent in material or workmanship, and will be in full conformity with the
				specifications contained herein.
4)
				Bidder agrees that the foregoing warranties shall survive acceptance of the
				goods, and that said warranties shall be in addition to any warranties of
				additional scope given to Agency by Bidder. The warranty in subsection (2)
				above may be modified if expressly brought to the attention of the Agency and
				an acceptable substitute offered.
Illinois Administrative Code › Title 71 - PUBLIC BUILDINGS, FACILITIES AND REAL PROPERTY › Part 2000 - PUBLIC BUILDING CONSTRUCTION › Subpart F - TERMS AND CONDITIONS › Section 2000.510 - Modification

Current through Register Vol. 48, No. 28, July 12, 2024
Contracts may be changed or modified only by amendments
				  signed by all parties to the original contract and approved by the Agency with
				  procurement authority. Amendments may pertain to parties, scope of work,
				  time-frame, terms or price but should be allowed only for valid consideration.
				  Price amendments to other contracts may be in amount necessary to accomplish
				  the Agency's needs. Typographical errors may be corrected or other minor
				  changes made on the contract form if those corrections or changes are initialed
				  by the party to be bound.
Illinois Administrative Code › Title 71 - PUBLIC BUILDINGS, FACILITIES AND REAL PROPERTY › Part 2000 - PUBLIC BUILDING CONSTRUCTION › Subpart F - TERMS AND CONDITIONS › Section 2000.520 - Fiscal Year Contracting

Current through Register Vol. 48, No. 28, July 12, 2024
The state fiscal year is July 1 to June 30 of the following
				  calendar year. If a contract is signed before June 30, and performance occurs
				  on or after July 1 and before September 30, payment may be made from funds of
				  the fiscal year in which the contract was obligated in accordance with "An Act
				  in relation to State finance" (Ill. Rev. Stat. 1991, ch. 127, pars. 137 et
				  seq.).
Illinois Administrative Code › Title 71 - PUBLIC BUILDINGS, FACILITIES AND REAL PROPERTY › Part 2000 - PUBLIC BUILDING CONSTRUCTION › Subpart F - TERMS AND CONDITIONS › Section 2000.530 - Contracts Spanning Fiscal Years

Current through Register Vol. 48, No. 28, July 12, 2024
All contracts may span fiscal years but must contain a clause
				  that terminates the Agency's obligations immediately and without further
				  payment being required if the Illinois General Assembly or applicable Federal
				  Funding source fails to appropriate or otherwise make available, funds for the
				  contract.
Illinois Administrative Code › Title 71 - PUBLIC BUILDINGS, FACILITIES AND REAL PROPERTY › Part 2000 - PUBLIC BUILDING CONSTRUCTION › Subpart F - TERMS AND CONDITIONS › Section 2000.540 - Prevailing Wage Required

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				No Bidder will be awarded a contract for construction on public works unless
				its employees are paid wages and benefits and are working under conditions
				prevalent in the location where the work is to be performed.
b) Prevailing wage and conditions prevalent
				means the hourly wages plus fringe benefits for health and welfare (such as,
				unemployment compensation, workman's compensation, liability insurance and
				health insurance), insurance, vacations and pensions paid generally, in the
				locality in which the work is being performed, to employees engaged in work of
				a similar character, as determined by the Department of Labor (Ill. Rev. Stat.
				1991, ch. 48, par. 39s-2).
c)
				Prevailing wage rates, benefits and conditions will be those in effect on the
				first date of the contract, provided that if the rate changes during the
				contract term and the amount of change is known before execution of the
				contract, then the contract rate will reflect the change in rate. Any increases
				in costs to the contractor due to changes in the prevailing rate of wages or
				labor law during the term of any contract shall be at the expense of the
				contractor and not at the expense of the Secretary of State.
Illinois Administrative Code › Title 71 - PUBLIC BUILDINGS, FACILITIES AND REAL PROPERTY › Part 2000 - PUBLIC BUILDING CONSTRUCTION › Subpart F - TERMS AND CONDITIONS › Section 2000.550 - Full Compliance

Current through Register Vol. 48, No. 28, July 12, 2024
By submitting a bid the Bidder agrees to comply with all
				  applicable laws and rules and with the specific requirements set forth in the
				  Invitation for Bids. A waiver of a requirement on one occasion will not be
				  construed as a waiver on subsequent occasions unless a written directive
				  indicates the waiver as permanent.
Illinois Administrative Code › Title 71 - PUBLIC BUILDINGS, FACILITIES AND REAL PROPERTY › Part 2000 - PUBLIC BUILDING CONSTRUCTION › Subpart F - TERMS AND CONDITIONS › Section 2000.560 - Cancellation for Material Breach of Contract

Current through Register Vol. 48, No. 28, July 12, 2024
In any of the following cases the Director of Purchasing
				  shall terminate or rescind any contract entered into under this Part for the
				  following reasons, unless it is in the best interest of the Agency to continue
				  the contract because of the need to complete the work and/or the financial
				  advantage to the Agency:
a) In the
				event the successful Bidder fails to furnish the required performance bond
				within the time specified.
b) In
				the event Bidder fails to make delivery or complete the work at the place or
				within the time specified in the contract or subsequently upon the failure of
				bidder to meet the original scheduling requirements as ordered by the
				Director.
c) In the event any goods
				or services provided under the contract are rejected (for not meeting
				specification, not conforming to sample, or not being in good condition when
				delivered) and are not promptly replaced by the Bidder. If there are repeated
				rejections of the Bidder's goods or service this shall be grounds for
				termination or rescission even though the Bidder offers to replace the goods or
				services promptly. Promptness shall be determined by the Director of Purchasing
				considering the availability of items, goods or services, and needs of the
				agency.
d) In the event the Bidder
				is guilty of misrepresentation in connection with the contracting or
				subcontracting of another contract for the sale of goods or services to the
				Agency that he/she cannot reasonably be depended upon to fulfill his/her
				obligations as a responsible Bidder under any of his/her contracts with the
				Agency.
e) In the event the Bidder
				should be adjudged bankrupt; enter into a general assignment for the benefit of
				his/her creditors or receivership due to insolvency; or disregard laws and
				ordinances, rules, regulation, or instructions of a purchasing official; or act
				in violation of any provision of the contract or these regulations; or if the
				contract conflicts with any statutory or constitutional provision of the State
				of Illinois or of the United States.
f) In the event of any other material breach
				of contract or other unlawful act by the Bidder such as fraud, theft,
				misrepresentation, embezzlement, racketeering, consumer fraud, or similar
				statutes of Illinois or the United States.
Illinois Administrative Code › Title 71 - PUBLIC BUILDINGS, FACILITIES AND REAL PROPERTY › Part 2000 - PUBLIC BUILDING CONSTRUCTION › Subpart F - TERMS AND CONDITIONS › Section 2000.570 - Cancellation for Fraud, Collusion, Illegality, Etc

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Director of Purchasing shall cancel
				any contract if it is established that there is sufficient evidence, by the
				preponderance of the evidence, to show that
1)
				The contract was obtained by fraud, collusion, conspiracy, or other unlawful
				means, or
2) The contract conflicts
				with any statutory provision of the State of Illinois or of the United
				States.
Illinois Administrative Code › Title 71 - PUBLIC BUILDINGS, FACILITIES AND REAL PROPERTY › Part 2000 - PUBLIC BUILDING CONSTRUCTION › Subpart F - TERMS AND CONDITIONS › Section 2000.580 - Withholding Monies to Compensate State for Damages

Current through Register Vol. 48, No. 28, July 12, 2024
If a contract is terminated or rescinded pursuant to this
				  Part, the Agency shall deduct from whatever is owed the Bidder on that or any
				  other contract an amount sufficient to compensate the State of Illinois for any
				  damages suffered by it because of the Bidder's breach of contract or other
				  unlawful act on his/her part on which the cancellation is
				  based.
Illinois Administrative Code › Title 71 - PUBLIC BUILDINGS, FACILITIES AND REAL PROPERTY › Part 2000 - PUBLIC BUILDING CONSTRUCTION › Subpart F - TERMS AND CONDITIONS › Section 2000.590 - Damages

Current through Register Vol. 48, No. 28, July 12, 2024
The damages for which the Agency may be compensated as
				  provided in Section
				  2000.580
				  or by a suit on the Bidder's performance bond or by other legal remedy shall
				  include, but is not limited to the following:
a) The additional cost of goods or services
				bought elsewhere.
b) Cost of
				repeating the procurement procedure.
c) Any expenses incurred because of delay in
				receipt of goods or services, and
d) Any other damages caused by the Bidder's
				breach of contract or unlawful act, such as theft, fraud, misrepresentation,
				embezzlement, racketeering, consumer fraud, or similar statutes of Illinois or
				the United States.
Illinois Administrative Code › Title 71 - PUBLIC BUILDINGS, FACILITIES AND REAL PROPERTY › Part 2000 - PUBLIC BUILDING CONSTRUCTION › Subpart G - PROTESTS › Section 2000.600 - General

Current through Register Vol. 48, No. 28, July 12, 2024
The Director of Purchasing shall consider all protests or
				  objections regarding a procurement action which are timely submitted. If the
				  protest or objection is oral and cannot be immediately resolved, written
				  confirmation must be timely submitted as shown below. If the written protest is
				  not received by the time specified, the oral protest may be disregarded and
				  award may be made in the normal manner. Each protest or objection must contain
				  a full and concise statement of the facts and circumstances of the action which
				  is alleged to be objectionable, why the action is objectionable legally or
				  otherwise and a statement of the relief sought. The Director of Purchasing may
				  require additional details if the protests or objection fails to meet the
				  requirements listed in this Section. Failure to supply information requested by
				  the Director of Purchasing will be cause for dismissal of the
				  protest.
Illinois Administrative Code › Title 71 - PUBLIC BUILDINGS, FACILITIES AND REAL PROPERTY › Part 2000 - PUBLIC BUILDING CONSTRUCTION › Subpart G - PROTESTS › Section 2000.610 - Time/Place for Protest or Objections

Current through Register Vol. 48, No. 28, July 12, 2024
Written protests or objections regarding a procurement action
				  or decision must be received by the Director of Purchasing at his/her office
				  within seven calendar days of the award of the contract.
Illinois Administrative Code › Title 71 - PUBLIC BUILDINGS, FACILITIES AND REAL PROPERTY › Part 2000 - PUBLIC BUILDING CONSTRUCTION › Subpart G - PROTESTS › Section 2000.620 - Suspension of Award

Current through Register Vol. 48, No. 28, July 12, 2024
Where a written protest against the making of an award is
				  received, award shall not be considered final until the matter is resolved
				  unless the Director of Purchasing determines that:
a) The items or services to be procured are
				urgently required to meet the immediate needs of the Agency to avoid impairing
				the duty, functioning and responsibility of the Agency; or
b) Delivery or performance will be unduly
				delayed by failure to make award promptly due to inability to resolve the
				protest.
Illinois Administrative Code › Title 71 - PUBLIC BUILDINGS, FACILITIES AND REAL PROPERTY › Part 2000 - PUBLIC BUILDING CONSTRUCTION › Subpart G - PROTESTS › Section 2000.630 - Evaluation of Protest or Objection

Current through Register Vol. 48, No. 28, July 12, 2024
The Director of Purchasing shall immediately investigate the
				  allegations against the procurement action. The nature of the allegations will
				  determine the investigative procedure utilized:
a) In all actions suspending or debarring a
				Bidder, the Bidder will be required to submit a written statement as required
				above. After investigation of the allegations, the Director of Purchasing will
				issue a written final decision.
b)
				In all other procurement actions, such as contract interpretation or
				termination, bid procedures, specifications or evaluations, the Bidder will be
				required to submit a written statement as required above. The Director of
				Purchasing will investigate the allegations and will issue a final written
				decision.
Illinois Administrative Code › Title 71 - PUBLIC BUILDINGS, FACILITIES AND REAL PROPERTY › Part 2000 - PUBLIC BUILDING CONSTRUCTION › Subpart G - PROTESTS › Section 2000.640 - No Rights Conferred

Current through Register Vol. 48, No. 28, July 12, 2024
Receipt of an Invitation for Bids or submission of a bid
				  confers no rights to receive an award nor obligates the Agency in any
				  manner.
Illinois Administrative Code › Title 71 - PUBLIC BUILDINGS, FACILITIES AND REAL PROPERTY › Part 2000 - PUBLIC BUILDING CONSTRUCTION › Subpart G - PROTESTS › Section 2000.650 - Attempt to Influence Award

Current through Register Vol. 48, No. 28, July 12, 2024
No person on a Bidder's list or who submits or intends to
				  submit a bid shall give or offer to give, directly or indirectly, any money,
				  article, or other thing of value to any Agency officer or employee which gift
				  is intended in any manner to influence the award or administration of an Agency
				  contract. Violation of this provision will result in suspension from bidding,
				  and may result in debarment depending upon the size of the gift, the size of
				  the contract, whether a criminal action is initiated, or a conviction occurs,
				  or to whom the gift is offered, and whether such gift-giving is a standard
				  cause of conduct by the Bidder.
Illinois Administrative Code › Title 71 - PUBLIC BUILDINGS, FACILITIES AND REAL PROPERTY › Part 2000 - PUBLIC BUILDING CONSTRUCTION › Subpart G - PROTESTS › Section 2000.660 - Collusive Bids

Current through Register Vol. 48, No. 28, July 12, 2024
No person shall agree with another to restrain the
				  competitive procurement process by fixing prices, agreeing not to submit bids
				  or by any other means. If it appears that there is a reasonable basis for
				  believing such an agreement exists, the Director of Purchasing shall
				  immediately contact the Attorney General. If the low price appears to have been
				  arrived at by collusion, award will be suspended until the Attorney General
				  notifies the Director of Purchasing of the appropriate
				  action.
Illinois Administrative Code › Title 71 - PUBLIC BUILDINGS, FACILITIES AND REAL PROPERTY › Part 2000 - PUBLIC BUILDING CONSTRUCTION › Subpart H - MISCELLANEOUS › Section 2000.700 - Identical Bids

Current through Register Vol. 48, No. 28, July 12, 2024
If the Director of Purchasing obtains two or more identical
				  bids in a response to an Invitation for Bids, it shall inform the Attorney
				  General of such facts, in writing within 30 days following the disposition of
				  all bids received in response to an Invitation, whether by the awarding of
				  contracts or other action, in such form and manner as prescribed by the
				  Attorney General.
Illinois Administrative Code › Title 71 - PUBLIC BUILDINGS, FACILITIES AND REAL PROPERTY › Part 2000 - PUBLIC BUILDING CONSTRUCTION › Subpart H - MISCELLANEOUS › Section 2000.710 - Severability

Current through Register Vol. 48, No. 28, July 12, 2024
If any provision of this Part or any application thereof is
				  held invalid, such invalidity shall not affect other provisions or applications
				  of this Part which can be given effect without such invalid provision or
				  application.
Illinois Administrative Code › Title 71 - PUBLIC BUILDINGS, FACILITIES AND REAL PROPERTY › Part 2005 - PUBLIC USE OF THE CAPITOL COMPLEX AND SPRINGFIELD FACILITIES › Section 2005.10 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
This Part is applicable to the use of the Stratton Building,
				the Visitors' Center, the Supreme Court Building, the Capitol Building, the
				Willard Ice Building, the Department of Driver Services Building, the Howlett
				Building, the State Library, the Archives Building, Driver's License Facility
				Mechanical Services Building at 316 North Klein, Klein and Mason Warehouse,
				Power Plant at 315 North Klein, Court of Claims, Appellate Court at 201 West
				Monroe, the Warehouses at 3701, 3710 and 3765 Winchester Road, the Index
				Department at 111 East Monroe, the Emergency Services at 110 East Adams, the
				Securities Department at 421 East Capitol, #2, the Secretary of State Police at
				110 East Adams, the Herndon Building at 421 East Capitol, Property Control at
				319 North Klein, and the grounds of those buildings, pursuant to Section 5 of
				the Secretary of State Act [15 ILCS 305/5 ]. Nothing in this
				Part gives the Director authority over the use of the rooms governed by the
				General Assembly including the Chambers, meeting rooms, committee rooms, or
				offices of the General Assembly.
Illinois Administrative Code › Title 71 - PUBLIC BUILDINGS, FACILITIES AND REAL PROPERTY › Part 2005 - PUBLIC USE OF THE CAPITOL COMPLEX AND SPRINGFIELD FACILITIES › Section 2005.30 - Business Hours, Holidays, and Public Access

Current through Register Vol. 48, No. 28, July 12, 2024
a) The public business hours of the Capitol
			 Complex buildings are 8 a.m. to 5 p.m. unless otherwise posted, Monday through
			 Friday, except holidays declared by the Governor pursuant to Section 5-635 of
			 the Civil Administrative Code of Illinois [20 ILCS 5 ],
			 and on weekends and holidays between 9 a.m. and 3 p.m. for purposes of public
			 Capitol building tours only. When the General Assembly is in session, or when
			 the start of a committee meeting or session for either chamber is scheduled to
			 commence before or adjourns after public business hours, the public business
			 hours will begin one hour before the earliest committee meeting or session, and
			 will end one hour after the adjournment of the last committee meeting or
			 session in whatever building the legislative function is held.
b) The following are observed holidays for
			 the Capitol Complex: New Year's Day, Martin Luther King, Jr. Birthday,
			 Lincoln's Birthday, Washington's Birthday (President's Day), Easter Sunday,
			 Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, General
			 Election Day, Veterans' Day, Thanksgiving and the following day, Christmas Eve,
			 and Christmas Day.
c) Entrance to
			 any building identified in Section
			 2005.10 during times other than
			 stated in subsection (a) is prohibited, except for the following persons who
			 shall be admitted to office areas assigned to them for their use in carrying
			 out their official duties:
1) members of the
			 General Assembly;
2) employees of
			 the General Assembly;
3) employees
			 of the executive departments whose offices are in the building;
4) representatives of news media who have
			 offices in the Capitol Building;
5)
			 any authorized maintenance, repairer, contractor, or other service employee,
			 while performing duties that have been arranged for by the Department of
			 Physical Services or the Office of the Architect of the Capitol (OAC);
			 and
6) any person who is
			 specifically requested to enter any building or office by an authorized
			 individual listed in subsections (c)(1) to (4).
Illinois Administrative Code › Title 71 - PUBLIC BUILDINGS, FACILITIES AND REAL PROPERTY › Part 2005 - PUBLIC USE OF THE CAPITOL COMPLEX AND SPRINGFIELD FACILITIES › Section 2005.60 - Use of Building for Non-Demonstration Activity or Fund-Raising Events

Current through Register Vol. 48, No. 28, July 12, 2024
a) Not-for-profit
			 organizations that apply to sell baked goods or other items with a price not to
			 exceed $50.00 in the Capitol Complex
			 buildings shall submit a Special Events form to the Department of Physical
			 Services, Special Events Division at least 48 hours in advance of the desired
			 start of their sale and in the same manner as outlined in Section
			 2005.50. The application must
			 state the name of the organization, the date requested for the sale or
			 activity, the location requested, and any alternative dates and locations.
1) Only one activity at a time will be
			 approved by the Director for each location.
2) The only locations allowed for the sales
			 are the northwest lobby of the Howlett Building, the area on the south side of
			 the Stratton Building Cafeteria, and the designated first-floor hallway area at
			 the Department of Driver Services Building at 2701 South Dirksen
			 Parkway.
3) Sales may occur only
			 during the public business hours.
4) The Director will only approve
			 applications to sell submitted by not-for-profit organizations, who must submit
			 a copy of the organization's tax-exempt number form. No organization without a
			 tax-exempt number will be allowed to sell in the areas designated.
5) If a not-for-profit organization is not
			 authorized to transact business in the State of Illinois, as determined by the
			 Secretary of State Department of Business Services, the application will be
			 denied.
Illinois Administrative Code › Title 71 - PUBLIC BUILDINGS, FACILITIES AND REAL PROPERTY › Part 2005 - PUBLIC USE OF THE CAPITOL COMPLEX AND SPRINGFIELD FACILITIES › Section 2005.65 - Operating Unmanned Aircraft on the Capitol Complex

Current through Register Vol. 48, No. 28, July 12, 2024
a) The purpose of these rules is to make sure
			 the use of unmanned aircraft on the Capitol Complex is managed in a safe and
			 secure manner and to protect the buildings and people on the Capitol Complex.
			 For this reason, the Capitol Complex is closed to launching, landing, or
			 operating unmanned aircraft, subject to the conditions and exceptions in
			 subsection (d).
b) Definitions That
			 Apply to This Section
1) "Department" means
			 the Illinois Secretary of State Department of Police.
2) "Director" means the Director of the
			 Illinois Secretary of State Department of Police.
3) "National airspace system" means the
			 airspace, navigation facilities, and airports of the United States.
4) "Capitol Complex" means all State-owned or
			 State-occupied buildings, grounds, and parking lots identified in this Part
			 with boundaries being Washington Street, Third Street, Cook Street, and
			 Pasfield Street in the City of Springfield and includes the buildings and
			 spaces listed in Section
			 2005.10. For the purposes of
			 this specific Section, the definition also includes the airspace of the Capitol
			 Complex.
5) "Unmanned aircraft"
			 means a system or device that is used or intended to be used for flight in the
			 air without the possibility of direct human intervention from within or on the
			 device, and the associated operational elements and components that are
			 required for the pilot or system operator in command to operate or control the
			 device (such as cameras, sensors, or communication links). This term includes
			 all types of systems or devices that meet this definition that are used for any
			 purpose or activity, including but not limited to governmental, private,
			 recreational, or commercial uses. Some examples of unmanned aircraft include,
			 but are not limited to, model airplanes, quadcopters, and drones.
Illinois Administrative Code › Title 71 - PUBLIC BUILDINGS, FACILITIES AND REAL PROPERTY › Part 2005 - PUBLIC USE OF THE CAPITOL COMPLEX AND SPRINGFIELD FACILITIES › Section 2005.70 - Distribution of Leaflets and Solicitation of Funds

Current through Register Vol. 48, No. 28, July 12, 2024
a) No organization, including charitable
			 organizations and political parties or candidates, shall distribute leaflets to
			 persons entering or in the buildings specified in Section
			 2005.10 of this Part,
			 except from public sidewalks, walkways within the Capitol Complex, or on the
			 north plaza of the Howlett Building.
b) No such distribution shall be allowed in
			 any automobile parking area under the control of the Director in Springfield,
			 or within business areas in the buildings specified in Section
			 2005.10 of this
			 Part.
c) Activities included in
			 subsection (a) of this Section shall not be allowed without the written
			 permission of the Director, which shall not be withheld if the request pertains
			 to political activity or charitable solicitation. All requests to engage in
			 this activity must be submitted in writing at least 48 hours in advance of the
			 activity, unless the criteria for requests within less than 48 hours set forth
			 in
Section
				2005.50(a)
				are met.
d) Pursuant to the
			 State Officials and Employees Ethics Act [5 ILCS 430 ], no contributions
			 regulated by the Election Code (see
			 10 ILCS 5/9-1.4)
			 may be intentionally solicited, accepted, offered or made in the buildings or
			 on the grounds of the buildings set forth in Section
			 2005.10 by public
			 officials, by State employees, by candidates for elective office, by persons
			 required to be registered under the Lobbyist Registration Act [25 ILCS 170 ],
			 or by any officers, employees or agents of any political organization, except
			 as allowed by
			 5 ILCS
			 430/5-35.
Illinois Administrative Code › Title 71 - PUBLIC BUILDINGS, FACILITIES AND REAL PROPERTY › Part 2005 - PUBLIC USE OF THE CAPITOL COMPLEX AND SPRINGFIELD FACILITIES › Section 2005.80 - Secretary of State Department of Police

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Secretary of State's Department of
			 Police enforces all laws within the Capitol Complex and the buildings specified
			 within Section 2005.10, except for the Willard
			 Ice Building. The Illinois Department of Revenue provides security for the
			 Willard Ice Building and its grounds.
b) The Illinois statutes applicable to the
			 presentation of order and peace within the specified buildings include, but are
			 not limited to:
1) criminal damage to State
			 supported property [720 ILCS 5/21-1.01 ];
2) trespass to State lands [720 ILCS
			 5/21-5 ];
3) the unauthorized possession of explosives
			 or explosive or incendiary devices [720 ILCS
			 5/20-2 ];
4) mob action [720 ILCS
			 5/25-1 ];
5) disorderly conduct [720 ILCS
			 5/26-1 ];
6) interference with judicial procedure
			 [720 ILCS
			 5/32 ];
7)
			 threatening a public official [720 ILCS 5/12-9 ]; and
8) unauthorized use of parking places
			 reserved for persons with disabilities [625 ILCS
			 5/11-1301.3].