Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 4 - CHIEF PROCUREMENT OFFICER FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION STANDARD PROCUREMENT › Subpart C - PROCUREMENT AUTHORITY › Section 4.1005 - Procurement Authority

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The CPO-HE appointed by the Executive Ethics Commission will exercise the
				procurement authority created by the Code for the benefit of the State of
				Illinois and the universities under the jurisdiction of the CPO. The Executive
				Ethics Commission may appoint a temporary acting CPO to act in the absence of
				the CPO-HE, such as during illness, vacation or other extended leave.
b) The CPO-HE's procurement authority extends
				to supplies, services, construction not under the jurisdiction of the Capital
				Development Board or the Department of Transportation, real estate leases and
				all other categories of need subject to the Code. The authority extends to all
				aspects of the procurement process, including, but not limited to:
				pre-solicitation activities, solicitation preparation, source selection,
				evaluation, award, approval or rejection of proposed contracts, dispute
				resolution and records subsequent to identification of need, except as
				otherwise provided for in the Code.
c) Any reference in the Code or this Part
				directing or authorizing a university to take procurement action is subject to
				the overall procurement authority of the CPO-HE and SPO as set forth in the
				Code and this Part.
d) The CPO-HE
				exercises procurement authority through one or more SPOs or temporary acting
				SPOs and university and other staff assigned to the procurement function. The
				CPO-HE may assign an SPO to one or more universities or may make assignments on
				a functional basis. The CPO-HE may appoint a temporary acting SPO with limited
				authority to act with an appointed SPO. In the absence of an appointed SPO, the
				CPO-HE may exercise the procurement authority of an SPO or may appoint a
				temporary acting SPO. Unless the Code or this Part prohibits a designee from
				performing a procurement action, the CPO-HE may delegate procurement action to
				an SPO or other designee. The CPO-HE may reserve certain procurement activities
				to the CPO-HE and reserves the right to review and modify or overturn any
				action of an SPO or any other designee.
e) An SPO will exercise procurement authority
				in accordance with direction and limitations established by the CPO-HE. SPOs
				have roles and responsibilities established in Section 10-10 of the Code. Each
				university shall recognize the SPOs' statutory roles and shall cooperate with
				SPOs in the conduct of their actions. The SPO will act primarily to review,
				authorize and approve university procurement actions. The CPO-HE will determine
				and identify, in writing, procurement activities that must be conducted by the
				CPO-HE or an SPO . Activities not reserved to the CPO-HE or SPO will be
				conducted by the university staff with CPO-HE/SPO oversight.
f) Each university shall determine an
				appropriate number of qualified staff and related resources to meet the
				procurement needs of the university. University staff remain university
				employees at all times, including while acting under authority of the
				CPO-HE.
g) The university is
				responsible for determining the need for a particular procurement. If the SPO
				or CPO-HE has a question regarding the need for a particular procurement, the
				SPO or CPO-HE may require a signed statement from a university official outside
				the procurement office confirming that the proposed procurement for the stated
				need is in the best interest of the university.
h) University procurement staff are
				responsible for:
1) ensuring that all
				procurement activities, including those submitted to the SPO or CPO-HE for
				review, authorization or approval, are in accordance with the Code, this Part,
				other applicable laws and rules, the policy direction of the CPO-HE and
				internal policies of the university; and
2) obtaining all State and university
				approvals applicable to the particular stage of the procurement
				process.