reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 2000 - SECRETARY OF STATE STANDARD PROCUREMENT › Subpart A - GENERAL › Section 2000.10 - Application

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Code and this
				Part apply to those procurements for which the vendors were first solicited on
				or after July 1, 1998.
b)
				Procurements for which vendors were first solicited on or before June 30, 1998,
				shall be conducted pursuant to legal requirements in effect at the time of the
				solicitation. The terms and conditions and the rights and obligations under
				contracts resulting from such procurements shall not be impaired.
c) A solicitation occurs on or before June
				30, 1998, as follows:
1) When advertising was
				required in the Official State Newspaper, the first advertisement must run no
				later than June 30, 1998.
2) When
				advertising was not required:
A) if the
				procurement was advertised, even though advertising was not required, the first
				advertisement must have run no later than June 30, 1998;
B) if the procurement was by direct
				solicitation by mail, the solicitation must have been postmarked or placed in
				the control of a private carrier no later than June 30, 1998;
C) if the procurement was by direct
				solicitation by fax, the fax must show a transmission date no later than June
				30, 1998;
D) if the procurement was
				solicited in-person or by telephone, the solicitation must have occurred no
				later than June 30, 1998, and the State officer or employee who made the
				solicitation must state in writing when the procurement was discussed and must
				name the party with whom the discussion took place.
3) In all circumstances, the solicitations
				must be for the procurement of particular needs. A general discussion to
				determine if there is any interest on the part of a State agency in the
				supplies or services of a vendor or vendors, or on the part of a vendor or
				vendors in providing the supplies or services, is not considered a
				solicitation.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 2000 - SECRETARY OF STATE STANDARD PROCUREMENT › Subpart A - GENERAL › Section 2000.25 - Property Rights

Current through Register Vol. 48, No. 28, July 12, 2024
Receipt of an Invitation for Bids or other procurement
				  document, or submission of any response thereto, or other offer, confers no
				  right to receive an award or contract, nor does it obligate the State in any
				  manner.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 2000 - SECRETARY OF STATE STANDARD PROCUREMENT › Subpart B - PROCUREMENT RULES › Section 2000.525 - Rules

Current through Register Vol. 48, No. 28, July 12, 2024
a) To the extent
				practicable, the SOS may avail itself of master, scheduled or open-ended
				contracts established by DCMS; items available from the Paper and Printing
				Warehouse; and DCMS contracts for telecommunications equipment, software and
				services, paper and envelopes, and vehicles and vehicle services. The CPO or
				SPO may submit purchase requests to DCMS in accordance with rules promulgated
				by DCMS.
b) The Office of the
				Secretary of State shall procure its capital needs in a manner substantially in
				accordance with the requirements of this Part and will promulgate rules
				specifically for capital construction that are no less restrictive than the
				requirements of the Code. Until specific Secretary of State rules can be
				promulgated for this purpose, the Office will conform its capital procurement
				activities to the requirements of the Procurement Code by following the
				administrative rules of the Capital Development Board (44 Ill. Adm. Code 910,
				950 and 980) and the Department of Central Management Services (44 Ill. Adm.
				Code 1).
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 2000 - SECRETARY OF STATE STANDARD PROCUREMENT › Subpart D - PUBLICIZING PROCUREMENT ACTIONS › Section 2000.1510 - Illinois Procurement Bulletin

Current through Register Vol. 48, No. 28, July 12, 2024
Notice of any procurement action required by the Code to be
				  publicized in a recognized Procurement Bulletin will be forwarded to the
				  appropriate State agency or institution for inclusion in the appropriate volume
				  of the Bulletin.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 2000 - SECRETARY OF STATE STANDARD PROCUREMENT › Subpart D - PUBLICIZING PROCUREMENT ACTIONS › Section 2000.1560 - Supplemental Notice

Current through Register Vol. 48, No. 28, July 12, 2024
Publication in the Bulletin may be supplemented by
				  publication elsewhere at the discretion of the SOS.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 2000 - SECRETARY OF STATE STANDARD PROCUREMENT › Subpart D - PUBLICIZING PROCUREMENT ACTIONS › Section 2000.1570 - Error in Notice

Current through Register Vol. 48, No. 28, July 12, 2024
When a required publication contains an error, the error may
				  be corrected by a single notice published in the Bulletin.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 2000 - SECRETARY OF STATE STANDARD PROCUREMENT › Subpart D - PUBLICIZING PROCUREMENT ACTIONS › Section 2000.1580 - Direct Solicitation

Current through Register Vol. 48, No. 28, July 12, 2024
In addition to giving notice in the Bulletin, the SOS may
				  directly contact prospective vendors by providing copies of Invitations for
				  Bids, Requests for Proposals, or other procurement information. Direct
				  solicitation may be oral or in writing, but care should be taken to ensure that
				  all vendors solicited in this manner receive the same information as provided
				  to others. No direct solicitation shall be made prior to the date any required
				  notice first appears in the Bulletin.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 2000 - SECRETARY OF STATE STANDARD PROCUREMENT › Subpart E - SOURCE SELECTION AND CONTRACT FORMATION › Section 2000.2005 - General Provisions

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Late Bids or Proposals, Late Withdrawals and Late Modifications
1) Definition. Any bid or proposal received
				after the time and date for receipt, and at other than the specified location,
				is late. A bid that is delivered to the wrong location but that is subsequently
				delivered to the correct location by the date and time specified shall be
				considered, but the agency shall not be responsible for ensuring such
				subsequent delivery. Any withdrawal or modification of a bid or proposal
				received after the time and date set for opening of bids or proposals is late.
				If received at other than the specified location, the submission is
				late.
2) Treatment. No late bid or
				proposal, late modification, or late withdrawal will be considered unless the
				Procurement Officer, and not a designee, determines it would have been timely
				but for the action or inaction of State personnel directly serving the
				procurement activity (e.g., providing the wrong address).
3) Records. Records shall be made and, in
				accordance with the State Records Act [ 5 ILCS 160 ], kept for each late bid or
				proposal, late modification, or late withdrawal.
4) Other Submissions. Any other submission
				that has a time or date deadline shall be treated in the same manner as a late
				bid.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 2000 - SECRETARY OF STATE STANDARD PROCUREMENT › Subpart E - SOURCE SELECTION AND CONTRACT FORMATION › Section 2000.2010 - Competitive Sealed Bidding

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Application
Competitive sealed bidding is the required method of source
				  selection except as allowed by the Code and this Part. The provisions of this
				  Section apply to every procurement required to be conducted by competitive
				  sealed bidding.
b) The
				Invitation for Bids
1) Use. The Invitation for
				Bids is used to initiate a competitive sealed bid procurement.
2) Content. The Invitation for Bids shall
				include, at a minimum, the following:
A)
				instructions and information to bidders concerning the bid submission
				requirements, including the time and date set for receipt of bids, the address
				of the office to which bids are to be delivered, and the maximum time for bid
				acceptance by the State;
B) the
				purchase description, evaluation factors, delivery or performance schedule, and
				such inspection and acceptance requirements as are not included in the purchase
				description; and
C) the contract
				terms and conditions, including warranty and bonding or other security
				requirements, as applicable.
3) Incorporation by Reference. The Invitation
				for Bids may incorporate documents by reference provided that the Invitation
				for Bids specifies where such documents can be obtained.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 2000 - SECRETARY OF STATE STANDARD PROCUREMENT › Subpart E - SOURCE SELECTION AND CONTRACT FORMATION › Section 2000.2012 - Multi-Step Sealed Bidding

Current through Register Vol. 48, No. 28, July 12, 2024
a) Definition. Multi-step sealed bidding is a
				two-phase process consisting of a technical first phase composed of one or more
				steps in which bidders submit unpriced technical offers to be evaluated by the
				State, and a second phase in which those bidders whose technical offers are
				determined to be acceptable during the first phase have their price bids
				considered.
b) Conditions for Use.
				The multi-step sealed bidding method may be used when it is not practical to
				prepare initially a definitive purchase description that will be suitable to
				permit an award based on price. Multi-step sealed bidding may be used when it
				is considered desirable:
1) to invite and
				evaluate possible diverse technical offers to determine their acceptability to
				fulfill the purchase description requirements; and
2) to conduct discussions for the purposes of
				facilitating understanding of the technical offer and purchase description
				requirements and, where appropriate, obtain supplemental information, permit
				amendments of technical offers, or amend the purchase description.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 2000 - SECRETARY OF STATE STANDARD PROCUREMENT › Subpart E - SOURCE SELECTION AND CONTRACT FORMATION › Section 2000.2015 - Competitive Sealed Proposals

Current through Register Vol. 48, No. 28, July 12, 2024
a) Competitive Sealed Proposals may be used
				whenever permitted by the Code and as described in this Part.
b) The Competitive Sealed Proposal method of
				source selection may be used to procure the following categories (note that the
				following services, if they are professional or artistic, must be procured
				pursuant to Section
				2000.2035
				of this Part):
1) electronic data processing
				equipment, software, and services;
2) telecommunications equipment, software,
				and services;
3) consulting
				services; and
4) employee benefits
				and management of those benefits.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 2000 - SECRETARY OF STATE STANDARD PROCUREMENT › Subpart E - SOURCE SELECTION AND CONTRACT FORMATION › Section 2000.2020 - Small Purchases

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Application
1) Procurements of $100,000 or
				less for supplies or services, other than professional and artistic, and
				$100,000 or less for construction may be made using the method of source
				selection determined by the Procurement Officer to be most appropriate to the
				circumstances.
2) Procurements of
				less than $20,000 for professional and artistic services and that have a
				non-renewable term of one year or less may be made using the method of source
				selection determined by the Procurement Officer to be most appropriate to the
				circumstances.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 2000 - SECRETARY OF STATE STANDARD PROCUREMENT › Subpart E - SOURCE SELECTION AND CONTRACT FORMATION › Section 2000.2025 - Sole Economically Feasible Source Procurement

Current through Register Vol. 48, No. 28, July 12, 2024
a) Application
The provisions of this Part apply to procurement from a sole
				  economically feasible source (referred to as sole source) unless the estimated
				  amount of the procurement is within the limit set in Section
				  2000.2020 (Small
				  Purchases) or unless emergency conditions exist as defined in Section
				  2000.2030
				  (Emergency Procurements) of this Part.
b) Conditions for Use of Sole Source
				Procurement
Sole source procurement is permissible when a requirement is
				  available from only a single supplier or when only one supplier is deemed
				  economically feasible. A requirement for a particular proprietary item does not
				  justify a sole source procurement if there is more than one potential bidder or
				  offeror authorized to provide that item. The following are examples of
				  circumstances that could necessitate sole source procurement:
1) the compatibility of equipment,
				accessories, replacement parts, or service is a paramount
				consideration;
2) a sole supplier's
				items are needed for trial use or testing;
3) a sole supplier's item is to be procured
				for commercial resale;
4) public
				utility regulated services are to be procured;
5) the item is copyrighted or patented and
				the item or service is not available except from the holder of the copyright or
				patent;
6) the procurement of the
				media for advertising;
7) the
				procurement of art or entertainment services; and
8) changes to existing contracts (see
				subsection (c)).
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 2000 - SECRETARY OF STATE STANDARD PROCUREMENT › Subpart E - SOURCE SELECTION AND CONTRACT FORMATION › Section 2000.2030 - Emergency Procurements

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Applications
The provisions of this Part apply to every procurement over
				  the small purchase limit set in Section
				  2000.2020 (Small
				  Purchases) of this Part and that is not a sole source procurement under Section
				  2000.2025
				  of this Part made under emergency, including quick purchase, conditions.
b) Definition of Emergency
				Conditions
Procurements may be made under this Section
				  2000.2030
				  in the following circumstances:
1)
				Traditional circumstances include but are not limited to:
A) public health or safety, including the
				health or safety of any particular person, is threatened;
B) immediate repairs are needed to State
				property to protect against further loss or damage to State property, or to
				prevent loss or damage to State property;
C) immediate action is needed to prevent or
				minimize serious disruption in State services;
D) action is needed to ensure the integrity
				of State records;
E) equipment or
				services are necessary in the furtherance of covert activities lawfully
				conducted by a State agency. Any required disclosures shall be made so as not
				to jeopardize those covert activities;
F) immediate action is necessary to avoid
				lapsing or loss of federal or donated funds;
G) the need for items to protect or further
				State interests is immediate and use of other competitive source selection
				procedures under the Code and this Part cannot be accomplished without
				significant risk of causing serious disadvantage to the State; or
H) immediate action is necessary to protect
				the collection of substantial State revenue.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 2000 - SECRETARY OF STATE STANDARD PROCUREMENT › Subpart E - SOURCE SELECTION AND CONTRACT FORMATION › Section 2000.2035 - Competitive Selection Procedures for Professional and Artistic Services

Current through Register Vol. 48, No. 28, July 12, 2024
a) Application
1) The provisions of this Section apply to
				every procurement of professional and artistic services except those subject to
				the Architectural, Engineering and Land Surveying Qualifications Based
				Selection Act [30 ILCS 535 ] and except as provided in Section
				2000.2035(e).
2) "Professional and artistic services" means
				those services provided under contract to a State agency by a person or
				business, acting as an independent contractor, qualified by education,
				experience, and technical ability [30 ILCS
				500/1-15.60 ].
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 2000 - SECRETARY OF STATE STANDARD PROCUREMENT › Subpart E - SOURCE SELECTION AND CONTRACT FORMATION › Section 2000.2036 - Other Methods of Source Selection

Current through Register Vol. 48, No. 28, July 12, 2024
a) Split Award
1) An award of a definite quantity
				requirement may be split between bidders or offerors. Each portion shall be for
				a definite quantity and the sum of the portions shall be the total definite
				quantity required. A split award may be used only when award to more than one
				bidder or offeror for different amounts of the same item are necessary to
				obtain the total quantity or the required delivery.
2) The Procurement Officer shall make a
				written determination setting forth the reasons for the split award, which
				determination shall be made a part of the procurement file.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 2000 - SECRETARY OF STATE STANDARD PROCUREMENT › Subpart E - SOURCE SELECTION AND CONTRACT FORMATION › Section 2000.2037 - Tie Bids and Proposals

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Tie bids or proposals are those from responsive and responsible vendors that
				are identical in price or evaluation and represent the low price.
b) Tie bids or proposals will be treated as
				follows:
1) If the tied vendors include an
				Illinois resident vendor, the Illinois resident vendor shall be given the
				award. In all other situations, including if two or more Illinois resident
				bidders are tied, the decision shall be made in accordance with this subsection
				(b). "Illinois resident vendor" has the meaning given in Section
				2000.4510
				(Resident Bidder Preference) of this Part.
2) If there is a significant difference in
				responsibility (including ability to provide the service or deliver in the
				quantity and at the time required), the award will be made to the vendor who is
				deemed to be the most responsible. A vendor who has had experience in
				contracting with the State shall be given additional consideration in
				determining responsibility if the Procurement Officer determines that dealing
				with a vendor that has knowledge of State requirements, contracts, job sites,
				payment practices and such other factors and with which there has been
				favorable past experience increases the likelihood of successful
				performance.
3) If there is no
				significant difference in responsibility, but there is a difference in the
				quality of the supplies or services offered, the vendor offering the best
				quality will be accepted.
4) If
				there is no significant difference in responsibility and no difference in
				quality of the supplies or services offered, the vendor offering the earliest
				delivery time will be accepted in any case in which the solicitation specified
				that the needs of the State require delivery as early as possible.
5) If the bids or proposals are equal in
				every respect, the award shall be made by lot unless the Procurement Officer
				determines that splitting the award among two or more of the tied bidders is in
				the best interest of the State. Awards may be split if all affected bidders
				agree, if splitting is feasible given the type of supplies or services
				requested, if overall pricing would not increase, if delivery would be better
				ensured, or if necessary or desirable to promote future competition.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 2000 - SECRETARY OF STATE STANDARD PROCUREMENT › Subpart E - SOURCE SELECTION AND CONTRACT FORMATION › Section 2000.2038 - Mistakes

Current through Register Vol. 48, No. 28, July 12, 2024
a) General
Corrections to bids, proposals or other procurement processes
				  are allowed, but only to the extent not contrary to the best interest of the
				  State or the fair treatment of other bidders.
b) Mistakes Discovered Before Opening
A vendor may correct mistakes discovered before the time and
				  date set for opening by withdrawing or correcting as provided in this
				  Section.
c) Confirmation of
				Mistake
When the Procurement Officer knows or has reason to conclude
				  that a mistake has been made, such officer shall request the vendor to confirm
				  the information. Situations in which confirmation should be requested include
				  obvious or apparent errors on the face of the document or a price unreasonably
				  lower than the others submitted. If the vendor alleges a mistake, the bid or
				  proposal may be corrected or withdrawn if the conditions set forth in this
				  Section, as applicable, are met.
d) Mistakes in Bids Discovered After Opening
				but Before Award
This subsection (d) sets forth procedures to be applied in
				  situations in which mistakes in bids are discovered after the time and date set
				  for bid opening but before award.
1)
				Minor informalities. A minor informality or irregularity is one that 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 the State (i.e., the
				effect on price, quality, quantity, delivery, or contractual conditions is
				negligible). The Procurement Officer shall waive such informalities or allow
				the bidder to correct them depending on which is in the best interest of the
				State. Examples of minor informalities as to form include the failure of a
				bidder to:
A) return the number of signed
				bids required by the Invitation for Bids;
B) sign the bid, but only if the unsigned bid
				is accompanied by other material indicating the bidder's intent to be bound,
				including but not limited to signature on an auxiliary form, submission of a
				bid guarantee or submission of a signed transmittal letter; or
C) acknowledge receipt of an amendment to the
				Invitation for Bids, but only if:
i) it is
				clear from the bid that the bidder received the amendment and intended to be
				bound by its terms; or
ii) the
				amendment involved had a negligible effect on price, quantity, quality, or
				delivery.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 2000 - SECRETARY OF STATE STANDARD PROCUREMENT › Subpart E - SOURCE SELECTION AND CONTRACT FORMATION › Section 2000.2040 - Cancellation of Solicitations; Rejection of Bids or Proposals

Current through Register Vol. 48, No. 28, July 12, 2024
a) Scope of this
				Section
The provisions of this Section shall govern the cancellation
				  of any solicitations whether issued by the State under competitive sealed
				  bidding, competitive sealed proposals, small purchases, or any other source
				  selection method, and rejection of bids or proposals in whole or in
				  part.
b) Policy
Any solicitation may be canceled when the Procurement Officer
				  believes cancellation to be in the State's best interest. Nothing shall compel
				  the award of a contract.
c)
				Cancellation of Solicitation; Rejection of All Bids or Proposals Prior to
				Opening
1) As used in this Section, "opening"
				means the date set for opening of bids, receipt of unpriced technical offers in
				multi-step sealed bidding, or receipt of proposals in competitive sealed
				proposals.
2) Prior to opening, a
				solicitation may be canceled in whole or in part when the Procurement Officer
				determines in writing that such action is in the State's best interest for
				reasons including, but not limited to:
A) the
				State no longer requires the supplies or services;
B) the State no longer can reasonably expect
				to fund the procurement;
C)
				proposed amendments to the solicitation would be of such magnitude that a new
				solicitation is desirable;
D)
				ambiguous or otherwise inadequate specifications;
E) the solicitation did not provide for
				consideration of all factors of significance to the State;
F) prices exceed available funds and it would
				not be appropriate to adjust quantities to come within available
				funds;
G) all otherwise acceptable
				bids or proposals received are at clearly unreasonable prices; or
H) there is reason to question whether the
				bids or proposals may not have been independently arrived at in open
				competition, may have been the result of collusion or may have been submitted
				in bad faith.
3) When a
				solicitation is canceled prior to opening, notice of cancellation shall be sent
				to all businesses that responded to the solicitation.
4) The notice of cancellation shall:
A) identify the solicitation;
B) briefly explain the reason for
				cancellation; and
C) where
				appropriate, explain that an opportunity will be given to compete on any
				resolicitation or any future procurements of similar supplies or
				services.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 2000 - SECRETARY OF STATE STANDARD PROCUREMENT › Subpart F - SUPPLIERS, PREQUALIFICATION AND RESPONSIBILITY › Section 2000.2043 - Suppliers

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Procurement
				Officer may contract with any qualified source of supply, but must procure from
				the Directed Sources except as permitted by those sources, and must consider
				the following Special Sources.
b)
				Directed Sources - State-Produced Supplies or Services
1) Correctional Industries. The CPO, after
				consulting with the Department of Corrections, shall determine the type and
				extent of the preference given to supplies produced or services performed by
				Correctional Industries. Factors to be considered in determining the preference
				include, but are not limited to, the ability of Correctional Industries to meet
				the State's requirements, the price charged and the reason for the Correctional
				Industries program.
2) Central
				Services. Supplies and services available from the program operations of the
				Department of Central Management Services shall be utilized whenever
				possible.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 2000 - SECRETARY OF STATE STANDARD PROCUREMENT › Subpart F - SUPPLIERS, PREQUALIFICATION AND RESPONSIBILITY › Section 2000.2044 - Vendor List/Required Use

Current through Register Vol. 48, No. 28, July 12, 2024
a) The CPO may maintain a list of vendors
				interested in doing business with the State. The names and addresses of vendors
				on the list shall be available for public inspection.
b) Inclusion on, or exclusion from, the list
				shall not be a factor in determining whether a vendor is a responsible
				vendor.
c) When vendors are
				directly solicited by the State, Invitations for Bids and other solicitations
				will be sent to vendors on the vendor list for supplies or services in
				question, except in the following cases:
1)
				The vendor does not sell the particular commodity or equipment.
2) The number of vendors for a procurement
				classification is of such magnitude that optimum prices may reasonably be
				expected without soliciting the entire vendor list. The Procurement Officer
				may, if he/she determines that the best interest of the State would be served,
				rotate the selection from the list on any equitable basis.
3) The Procurement Officer determines that
				the best interests of the State will be served by limiting vendors to those in
				defined geographic areas (example: purchases of ready-mix concrete,
				perishables, and equipment requiring immediate service).
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 2000 - SECRETARY OF STATE STANDARD PROCUREMENT › Subpart F - SUPPLIERS, PREQUALIFICATION AND RESPONSIBILITY › Section 2000.2045 - Prequalification

Current through Register Vol. 48, No. 28, July 12, 2024
a) General
1) The CPO shall identify by publication in
				the Bulletin the categories of supplies and services (including professional
				and artistic services) for which the CPO may prequalify vendors of those
				supplies and services. The CPO 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 State.
2)
				The SPO may require that vendors be prequalified as a condition of being placed
				on the bid list. An opportunity to prequalify shall be allowed at least one
				time each fiscal year. The opportunity to prequalify and whether
				prequalification will be a condition of bidding or being awarded a contract
				shall be announced in the Bulletin. The notice shall alert vendors that failure
				to participate in the prequalification process may result in the vendor being
				ineligible to receive contracts.
3)
				When prequalifying a vendor, the CPO may limit prequalifications to determining
				whether a vendor has been and is likely to be "responsible" using the criteria
				set forth in Section
				2000.2046 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 CPO may consider factors tailored to a specific procurement or
				type of procurement that shall be announced in the Bulletin.
5) Except in the case of professional and
				artistic services, distribution of and responses to the solicitation may be
				limited to prequalified vendors and award of a contract may be denied because a
				vendor was not prequalified. If eligibility for the procurement will be limited
				to prequalified vendors, the Invitation for Bids, Request for Proposals or
				other procurement request shall state that fact.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 2000 - SECRETARY OF STATE STANDARD PROCUREMENT › Subpart F - SUPPLIERS, PREQUALIFICATION AND RESPONSIBILITY › Section 2000.2046 - 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 State'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) 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 of financial resource 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 qualified
				legally to contract with the State;
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 2000 - SECRETARY OF STATE STANDARD PROCUREMENT › Subpart G - BID, PROPOSAL AND PERFORMANCE SECURITY › Section 2000.2047 - 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 State 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 Procurement Officer will determine the amount, in dollars or
				percentage of contract price, that will adequately protect the State's
				interests. That amount will vary depending on the type of procurement and the
				risks and potential losses associated with delay or failure to complete the
				project, and for other such reasons.
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 2000 - SECRETARY OF STATE STANDARD PROCUREMENT › Subpart H - SPECIFICATIONS AND SAMPLES › Section 2000.2050 - Specifications and Samples

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Responsibilities Regarding Specifications
1)
				The Procurement Officer shall write the necessary specifications except as
				noted in this subsection (a).
2) If
				a specification for general or common use or a qualified products list exists
				for an item to be procured under Section 20-20 of the Code (Small Purchases),
				it shall be used except as otherwise authorized by the SPO. If no such
				specification exists, the Procurement Officer shall have the authority to
				prepare specifications for use in such purchases. In an emergency under Section
				20-30 of the Code, any necessary specification may be utilized without regard
				to the provisions of this Subpart.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 2000 - SECRETARY OF STATE STANDARD PROCUREMENT › Subpart I - CONTRACT TYPE › Section 2000.2055 - Types of Contracts

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Scope
This Section contains descriptions of types of contracts and
				  limitations as to when they should be utilized by the State in its
				  procurements. Types of contracts not mentioned in this Section may also be
				  utilized.
b) Prohibition of
				Cost-Plus-a-Percentage-of-Cost Contracting
The cost-plus-a-percentage-of-cost contract is prohibited by
				  Section 20-55 of the Illinois Procurement Code. 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 price 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.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 2000 - SECRETARY OF STATE STANDARD PROCUREMENT › Subpart J - DURATION OF CONTRACTS › Section 2000.2060 - Duration of Contracts - General

Current through Register Vol. 48, No. 28, July 12, 2024
a) General
1) A multi-term contract for a term of up to
				10 years is authorized when determined by the CPO to be in the best interest of
				the State, inclusive of proposed contract renewals.
2) A software license may have a term longer
				than 10 years, including for a perpetual term, provided the payment term is
				limited to no more than 10 years.
3) The length of the payment terms of the
				bonds issued by or on behalf of the SOS shall be limited as provided in the
				statute authorizing the issuance of bonds.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 2000 - SECRETARY OF STATE STANDARD PROCUREMENT › Subpart K - CONTRACT MATTERS › Section 2000.2560 - Prevailing Wage

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				For the following classifications and if competition exists, no bidder will be
				awarded a contract unless its employees are paid wages and benefits and are
				working under conditions prevalent in the location where the work is to be
				performed.
1) Public works
2) Printing
3) Janitorial services, window washing and
				security guard services having a monthly contract price of at least $200 or a
				yearly price of at least $2,000.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 2000 - SECRETARY OF STATE STANDARD PROCUREMENT › Subpart K - CONTRACT MATTERS › Section 2000.2570 - 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 the
				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 the Department of
				  Human Rights upon request.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 2000 - SECRETARY OF STATE STANDARD PROCUREMENT › Subpart K - CONTRACT MATTERS › Section 2000.2580 - Subcontractors

Current through Register Vol. 48, No. 28, July 12, 2024
All competitive sealed proposals, including proposals for
				  professional and artistic services, shall include a provision to require each
				  offeror to identify, either in its proposal or prior to award, the identity of
				  the subcontractors that will be used in the performance of the contract, as
				  well as the amounts expected to be paid to each
				  subcontractor.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 2000 - SECRETARY OF STATE STANDARD PROCUREMENT › Subpart L - CONTRACT PRICING › Section 2000.2800 - All Costs Included

Current through Register Vol. 48, No. 28, July 12, 2024
The IFB or RFP and any resulting contract should define
				  whether prices cover transportation, transit insurance, delivery, installation,
				  taxes, and any other costs.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 2000 - SECRETARY OF STATE STANDARD PROCUREMENT › Subpart M - CONSTRUCTION AND CONSTRUCTION RELATED PROFESSIONAL SERVICES › Section 2000.3005 - Construction and Construction Related Professional Services

Current through Register Vol. 48, No. 28, July 12, 2024
Construction and construction-related services are procured
				  by the CPO in accordance with the Secretary of State Act [15 ILCS
				  305/5 ] under rules promulgated by the SOS (71 Ill.
				  Adm. Code 2000).
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 2000 - SECRETARY OF STATE STANDARD PROCUREMENT › Subpart N - REAL PROPERTY LEASES AND CAPITAL IMPROVEMENT LEASES › Section 2000.4000 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
Except as otherwise authorized by law, real property leases
				  and capital improvement leases are subject to, and shall be procured by, the
				  Office of the Secretary of State in accordance with the Code and this
				  Part.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 2000 - SECRETARY OF STATE STANDARD PROCUREMENT › Subpart N - REAL PROPERTY LEASES AND CAPITAL IMPROVEMENT LEASES › Section 2000.4005 - Requests for Space/Department Responsibilities

Current through Register Vol. 48, No. 28, July 12, 2024
a) Departments shall indicate their space
				needs by submitting a written request to the CPO on the forms required by the
				CPO.
b) Departments shall give
				early notice of new or changing space requirements. Each Department shall
				provide information as may be required in advance of projected needs with six
				months being the preferred notice.
c) Each department head shall certify the
				need for space required, the number of personnel to occupy the premises and the
				availability of funds on each Space Request.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 2000 - SECRETARY OF STATE STANDARD PROCUREMENT › Subpart N - REAL PROPERTY LEASES AND CAPITAL IMPROVEMENT LEASES › Section 2000.4015 - Acquisition of Leases by RFI

Current through Register Vol. 48, No. 28, July 12, 2024
All leases, except those falling under the exceptions listed
				  in Section 2000.4020 or emergency procurements (Section 2000.4045)  will be
				  acquired as follows:
a) All leases will
				be procured by a Request for Information (RFI). RFIs will contain at a minimum
				the following information:
1) A description of
				the general type of property to be leased.
2) The proposed use of the
				property.
3) The proposed term of
				the lease.
4) The preferred
				location of the property.
5) The
				general information such as size of space, configuration desired, and any other
				appropriate requirements.
6) The
				address to which requests for proposal may be sent.
7) The date by which responses are
				due.
8) Response forms and
				instructions for completing forms.
9) A copy of spatial and performance
				guidelines required to meet the needs of the SOS Department that will occupy
				the real property being procured.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 2000 - SECRETARY OF STATE STANDARD PROCUREMENT › Subpart N - REAL PROPERTY LEASES AND CAPITAL IMPROVEMENT LEASES › Section 2000.4020 - Leases Acquired by Other Methods

Current through Register Vol. 48, No. 28, July 12, 2024
a) The following
				types of leases may be acquired without a formal RFI process:
1) Leases for less than 10,000 square
				feet.
2) Leases in which the base
				rent is estimated to be less than $100,000 per year.
3) Leases in which the term is less than one
				year and whose term is not subject to renewal.
4) Specialized space available only at one
				location. Specialized space is defined as space of unique function or
				configuration, not generally available on the market on an as-built or turnkey
				basis. Examples of specialized space include, but are not limited to:
				laboratories, vehicle testing stations, correctional facilities, medical
				facilities, boat docks, and evidence storage facilities.
5) Leases with other governmental
				units.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 2000 - SECRETARY OF STATE STANDARD PROCUREMENT › Subpart N - REAL PROPERTY LEASES AND CAPITAL IMPROVEMENT LEASES › Section 2000.4025 - Renewal or Extension of Lease in Effect Prior to July 1, 1998 (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 2000 - SECRETARY OF STATE STANDARD PROCUREMENT › Subpart N - REAL PROPERTY LEASES AND CAPITAL IMPROVEMENT LEASES › Section 2000.4030 - Renewal of Leases

Current through Register Vol. 48, No. 28, July 12, 2024
a) Leases may be
				renewed if:
1) The CPO determines in writing
				that such renewal is in the best interest of the State.
2) A Notice of renewal must be published in
				the Bulletin at least 60 days prior to the exercise of that option to renew a
				lease when required by a formal procurement.