reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1110 - EDUCATION PURCHASING PROGRAM › Section 1110.40 - Certification of Education Purchasing Contracts

Current through Register Vol. 48, No. 28, July 12, 2024
The State Superintendent of Education shall review each
				potential education purchasing contract as described in this Section for the
				purpose of determining whether it was procured in a manner that is comparable
				in all material respects to the requirements of the Illinois Procurement Code
				[30 ILCS 500 ] and Section 10-20.21 of the School Code [105
				ILCS 5/10-20.21 ], i.e., in a manner that makes the
				contract suitable for use by educational entities.
a) Subject to the provisions of Section
			 1110.80
			 of this Part, an education purchasing contract for supplies may be certified if
			 the State Superintendent determines that the contract was awarded by the
			 contract entity:
1) to the lowest responsible
			 bidder;
2) considering conformity
			 with specifications, terms of delivery, quality and serviceability;
			 and
3) after due
			 advertisement.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1110 - EDUCATION PURCHASING PROGRAM › Section 1110.50 - Participation by Educational Entities

Current through Register Vol. 48, No. 28, July 12, 2024
a) An educational entity that elects to
			 participate in one or more contracts pursuant to this Part shall be required to
			 register with ISBE or a designee and agree to abide by all the terms of any
			 contract joined. Before soliciting bids or awarding contracts for supplies,
			 materials, equipment, or services, an educational entity may review education
			 purchasing contracts and consider them as bids. The educational entity may,
			 without soliciting additional bids, purchase supplies, materials, equipment, or
			 services through a certified education purchasing contract or statewide
			 education master contract by following the specific procedure established
			 within each contract.
b)
			 Participation in contracts under this Part shall be at the sole option of
			 educational entities, and educational entities shall be solely responsible for
			 any obligations incurred as a result of their participation.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1110 - EDUCATION PURCHASING PROGRAM › Section 1110.60 - Provision of Information and Definition of Key Categories

Current through Register Vol. 48, No. 28, July 12, 2024
ISBE shall provide contracting information and pricing for
				certified education purchasing contracts and statewide education master
				contracts on the agency's website and through additional means specifically
				designed to reach administrators of educational entities. On the agency's
				website, ISBE shall:
a) identify and
			 define the categories of certified education purchasing contracts and statewide
			 education master contracts, which shall be based upon input received from
			 school district business officials and regional offices of education and may
			 include, but need not be limited to, office supplies, classroom furniture,
			 maintenance services, and accounting services;
b) describe the process for educational
			 entities' participation in education purchasing contracts or statewide
			 education master contracts; and
c)
			 indicate for each contract how the vendor may be contacted and provide other
			 information relevant to participation in that contract, if any.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1110 - EDUCATION PURCHASING PROGRAM › Section 1110.70 - Process for Submitting Contracts for Certification

Current through Register Vol. 48, No. 28, July 12, 2024
At least once each fiscal year, the State Superintendent shall
				identify the categories under consideration at that time and establish a
				timeframe during which applications for the certification of education
				purchasing contracts will be accepted. Any party to an education purchasing
				contract may submit the contract for review and consideration through this
				application process. In addition to a copy of the contract, the party making
				the submission shall provide:
a)
			 Evidence of consent by the other party to the contract for certification of the
			 contract by ISBE;
b) Sufficient
			 information to demonstrate that the contract was awarded through a process
			 meeting the criteria set forth in Section
			 1110.40(a)
			 of this Part, which shall include, but need not be limited to:
1) the request for proposals or invitation
			 for bids that was used to procure the contract;
2) evidence of due advertisement of the
			 request for proposals or invitation for bids; and
3) a certification from the procuring entity
			 or other evidence that the contract was awarded to the lowest responsible
			 bidder, considering conformity with specifications, terms of delivery, quality,
			 and serviceability;
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1110 - EDUCATION PURCHASING PROGRAM › Section 1110.80 - Selecting Contracts for Certification

Current through Register Vol. 48, No. 28, July 12, 2024
a) The State Superintendent shall review each
			 application received and determine whether each contract meets the criteria set
			 forth in Section
			 1110.40
			 of this Part. Of those meeting the criteria, the State Superintendent may
			 select one or more contracts for certification based upon the following
			 factors:
1) The number of educational
			 entities eligible to participate in the contracts that are eligible for
			 certification;
2) The
			 qualifications of the vendors involved in the eligible contracts;
3) The level of serviceability of the
			 eligible contracts;
4) The quality
			 of the supplies or services offered through the eligible contracts and the
			 extent to which the supplies or services are appropriate for use by educational
			 entities;
5) The comparative extent
			 to which the costs of supplies or services are discounted, based on a standard
			 index or other objectively verifiable criterion;
6) The contracting entity's use of businesses
			 owned by minorities, females, and persons with disabilities to provide supplies
			 or services under the contract;
7)
			 The simplicity of the process for educational entities' participation in the
			 contract; and
8) The extent to
			 which resources of ISBE would be needed for overseeing the administration of
			 the contract through the education purchasing program.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1110 - EDUCATION PURCHASING PROGRAM › Section 1110.90 - Certification of Other Governmental Entities' Cooperative Purchasing Programs

Current through Register Vol. 48, No. 28, July 12, 2024
The State Superintendent may at any time certify contracts
				offered through other cooperative purchasing programs developed by agencies of
				the State of Illinois, Illinois public universities, regional offices of
				education, or other governmental entities upon determining that the contracts
				offered through one or more of these cooperative purchasing programs meet the
				criteria for certification set forth in Section
				1110.40
				of this Part.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1110 - EDUCATION PURCHASING PROGRAM › Section 1110.100 - Evaluation of Education Purchasing Contracts

Current through Register Vol. 48, No. 28, July 12, 2024
At least once every five years, the State Superintendent shall
				evaluate each education purchasing contract to determine whether the vendor's
				performance is consistent with the information and standards provided to ISBE
				at the time of certification. Based upon this determination, the State
				Superintendent shall either re-certify the education purchasing contract for a
				period of time not to exceed five years or withdraw the contract's
				certification and no longer allow participation in that contract through the
				education purchasing program.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1110 - EDUCATION PURCHASING PROGRAM › Section 1110.110 - Withdrawal of Certification

Current through Register Vol. 48, No. 28, July 12, 2024
a) In addition to the basis for withdrawing
			 certification set forth in Section
			 1110.100
			 of this Part, the State Superintendent shall withdraw the certification of an
			 education purchasing contract at any time if:
1) the vendor has failed to perform in
			 accordance with the terms and provisions of the contract while providing
			 supplies or services to Illinois educational entities;
2) the contract has been terminated or has
			 expired by its terms; or
3) the
			 State Superintendent determines, from the point of view of the contract's
			 benefit to educational entities, that:
A) an
			 amendment to the contract has substantially and negatively modified the
			 contract's terms or the range of supplies or services offered through the
			 contract; or
B) an amendment to the
			 contract has substantially and negatively affected the terms of delivery,
			 quality, or serviceability of the supplies or services offered through the
			 contract.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1120 - OFFICE OF THE COMPTROLLER STANDARD PROCUREMENT › Subpart A - GENERAL › Section 1120.1 - Title

Current through Register Vol. 48, No. 28, July 12, 2024
This Part may be cited as the Comptroller's Procurement
				  Rules.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1120 - OFFICE OF THE COMPTROLLER STANDARD PROCUREMENT › Subpart A - GENERAL › Section 1120.5 - Policy

Current through Register Vol. 48, No. 28, July 12, 2024
All procurements for the Office of the Comptroller (IOC)
				  shall be accomplished in the most economical, expeditious and commercially
				  reasonable manner that is in accordance with statute, this Part and other
				  applicable rules.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1120 - OFFICE OF THE COMPTROLLER STANDARD PROCUREMENT › Subpart A - GENERAL › Section 1120.8 - Illinois Procurement Code

Current through Register Vol. 48, No. 28, July 12, 2024
Articles 1, 15, 20, 25, 30, 33, 35, 40, 43, 45, 50 and 53 of
				  the Illinois Procurement Code [30 ILCS 500 /Arts. 1, 15, 20, 25, 30, 33, 35,
				  40, 43, 45, 50 and 53] (the Code) will be referenced in this Part. The Office
				  of the Comptroller shall procure its needs in a manner substantially in
				  accordance with the requirements of the Code. [30
				  ILCS 500/1-30(a) ] For purposes of
				  this Part, any reference in the Code or this Part to the Chief Procurement
				  Officer (CPO) means the employee appointed by the Comptroller to serve in that
				  capacity.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1120 - OFFICE OF THE COMPTROLLER STANDARD PROCUREMENT › Subpart A - GENERAL › Section 1120.10 - 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) but if the
				procurement was advertised, 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 individual 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 is not considered a solicitation.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1120 - OFFICE OF THE COMPTROLLER STANDARD PROCUREMENT › Subpart A - GENERAL › Section 1120.25 - 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 1120 - OFFICE OF THE COMPTROLLER STANDARD PROCUREMENT › Subpart B - PROCUREMENT RULES › Section 1120.525 - Rules

Current through Register Vol. 48, No. 28, July 12, 2024
a) To the extent
				practicable, the IOC may avail itself of master, scheduled or open-ended
				contracts established by the CPO-GS; items available from the Paper and
				Printing Warehouse; and the CPO-GS contracts for telecommunications equipment,
				software and services, paper and envelopes, and vehicles and vehicle services.
				The CPO or his/her designee may submit purchase requests to the CPO-GS or a
				designated agency in accordance with rules promulgated by the CPO-GS.
b) The IOC 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 Comptroller rules
				can be promulgated for this purpose, the IOC will conform its capital
				procurement activities to the requirements of the Code by following the
				administrative rules of the CPO for Capital Development Board (44 Ill. Adm.
				Code 8), the Capital Development Board (44 Ill. Adm. Code 950 and 980) and the
				CPO-GS (44 Ill. Adm. Code 1).
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1120 - OFFICE OF THE COMPTROLLER STANDARD PROCUREMENT › Subpart C - PROCUREMENT AUTHORITY › Section 1120.1002 - Conduct and Oversight of Procurements

Current through Register Vol. 48, No. 28, July 12, 2024
a) Chief Procurement Officer
1) The Comptroller shall appoint a Chief
				Procurement Officer (CPO) for purposes of the Code and this Part.
2) The CPO may conduct any or all
				procurements on behalf of the IOC.
3) The CPO shall:
A) have at least 5 or more years of
				experience in state or corporate budgeting activities, or shall be a certified
				professional public buyer or certified public purchasing officer; and
B) be a resident of the State of Illinois;
				and
C) serve in his or her capacity
				as CPO for a term not to exceed 5 years from the date of appointment;
				and
D) owe a fiduciary duty to the
				State; and
E) perform duties as
				required by law.
4) The
				CPO is responsible for signing all written award determination letters stating
				the reasoning for any contract award decision.
5) The CPO may designate one or more
				Procurement Officers to conduct procurements on behalf of the CPO in accordance
				with conditions specified in the terms of the CPO's appointment and this
				Part.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1120 - OFFICE OF THE COMPTROLLER STANDARD PROCUREMENT › Subpart D - PUBLICIZING PROCUREMENT ACTIONS › Section 1120.1510 - 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 the Illinois Procurement Bulletin will be forwarded to the CPO-GS
				  for inclusion in the appropriate volume of the Bulletin in accordance with
				  rules promulgated by the CPO-GS (44 Ill. Adm. Code 1).
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1120 - OFFICE OF THE COMPTROLLER STANDARD PROCUREMENT › Subpart D - PUBLICIZING PROCUREMENT ACTIONS › Section 1120.1560 - 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 IOC.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1120 - OFFICE OF THE COMPTROLLER STANDARD PROCUREMENT › Subpart D - PUBLICIZING PROCUREMENT ACTIONS › Section 1120.1570 - 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 1120 - OFFICE OF THE COMPTROLLER STANDARD PROCUREMENT › Subpart D - PUBLICIZING PROCUREMENT ACTIONS › Section 1120.1580 - Direct Solicitation

Current through Register Vol. 48, No. 28, July 12, 2024
In addition to giving notice in the Bulletin, the IOC may
				  directly contact prospective vendors. 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. When making direct solicitations, at least
				  three vendors should be contacted. 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 1120 - OFFICE OF THE COMPTROLLER STANDARD PROCUREMENT › Subpart E - SOURCE SELECTION AND CONTRACT FORMATION › Section 1120.2005 - 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 IOC 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 CPO, and not a
				designee, determines it would have been timely but for the action or inaction
				of IOC 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 1120 - OFFICE OF THE COMPTROLLER STANDARD PROCUREMENT › Subpart E - SOURCE SELECTION AND CONTRACT FORMATION › Section 1120.2010 - 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)
				Invitation for Bids (IFB)
1) Use. The IFB is
				used to initiate a competitive sealed bid procurement.
2) Content. The IFB shall include, at a
				minimum, the following:
A) instructions and
				information to bidders concerning the bid submission requirements, including
				the time and date set for receipt of bids, the address of the office to which
				bids are to be delivered, the maximum time for bid acceptance by the State, and
				any other special information;
B)
				the purchase description, evaluation factors, delivery or performance schedule,
				and inspection and acceptance requirements not included in the purchase
				description; and
C) the contract
				terms and conditions, including warranty and bonding or other security
				requirements, as applicable.
3) Incorporation by Reference. The IFB may
				incorporate documents by reference provided that the IFB specifies where those
				documents can be obtained.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1120 - OFFICE OF THE COMPTROLLER STANDARD PROCUREMENT › Subpart E - SOURCE SELECTION AND CONTRACT FORMATION › Section 1120.2012 - 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 IOC, 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, when 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 1120 - OFFICE OF THE COMPTROLLER STANDARD PROCUREMENT › Subpart E - SOURCE SELECTION AND CONTRACT FORMATION › Section 1120.2015 - Competitive Sealed Proposals

Current through Register Vol. 48, No. 28, July 12, 2024
a) Conditions for Use
When provided for under the Code or under this Part, or when
				  the IOC determines in writing that the use of competitive sealed bidding is
				  either not practicable or not advantageous to the IOC, a contract may be
				  entered into by competitive sealed proposals.
b) Request for Proposals (RFP)
Proposals shall be solicited through an RFP.
c) Public Notice
Public notice of the RFP shall be published in the Bulletin
				  at least 14 days prior to the date set in the RFP for the opening of
				  proposals.
d) Receipt of
				Proposals
Proposals shall be opened publically in the presence of one
				  or more witnesses at the time and place designated in the RFP, but proposals
				  shall be opened in a manner to avoid disclosure of contents to competing
				  offerors during the process of negotiation. A record of proposals shall be
				  prepared and shall be open for public inspection after the contract is
				  awarded.
e) Evaluation
				Factors
The RFP shall state the relative importance of price and
				  other evaluation factors. Proposals shall be submitted in 2 parts: the first
				  covering items except price and the second concerning price. The first part of
				  all proposals shall be evaluated and ranked independently of the second part of
				  all proposals.
f)
				Discussion with Responsible Offerors and Revisions of Proposals
As provided in the RFP and this Part, discussion may be
				  conducted with responsible offerors who submit proposals determined to be
				  reasonably susceptible of being selected for award for the purpose of
				  clarifying and assuring full understanding of and responsiveness to the
				  solicitation requirements. Those offerors shall be accorded fair and equal
				  treatment with respect to any opportunity for discussion and revision of
				  proposals. Revisions may be permitted after submission and before award for the
				  purpose of obtaining Best & Final offers. In conducting discussions, there
				  shall be no disclosure of any information derived from proposals submitted by
				  competing offerors. If information is disclosed to any offeror, it shall be
				  provided to all competing offerors.
g) Award
Awards shall be made to the responsible offeror whose
				  proposal is determined in writing to be the most advantageous to the IOC,
				  taking into consideration the price and the evaluation factors set forth in the
				  RFP. The contract file shall contain the basis on which the award is
				  made.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1120 - OFFICE OF THE COMPTROLLER STANDARD PROCUREMENT › Subpart E - SOURCE SELECTION AND CONTRACT FORMATION › Section 1120.2020 - Small Purchases

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Application
1)
Amount. Any individual
				procurement of supplies or services not exceeding $100,000 and any procurement
				of construction not exceeding $100,000, or any individual procurement of
				professional or artistic services not exceeding $100,000 may be made without
				competitive source selection. Procurements shall not be artificially divided so
				as to constitute a small purchase under this Section.
[
				30 ILCS
				500/20-20(a) ]
2)
Adjustment. Each July 1, the small
				purchase maximum established in subsection (a)(1) shall be adjusted for
				inflation as determined by the Consumer Price Index for All Urban Consumers as
				determined by the United States Department of Labor and rounded to the nearest
				$100
. [
				30 ILCS
				500/20-20(b) ]
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1120 - OFFICE OF THE COMPTROLLER STANDARD PROCUREMENT › Subpart E - SOURCE SELECTION AND CONTRACT FORMATION › Section 1120.2025 - Sole Economically Feasible Source Procurement

Current through Register Vol. 48, No. 28, July 12, 2024
a) Application
The provisions of this Section apply to procurement from a
				  sole economically feasible source (referred to as sole source) unless the
				  estimated amount of the procurement is within the limit set in Section
				  1120.2020 or
				  unless emergency conditions exist as defined in Section
				  1120.2030.
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 is of
				media and advertising;
7) the
				procurement is of art or entertainment services; and
8) existing contracts are being changed (see
				subsection (c)).
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1120 - OFFICE OF THE COMPTROLLER STANDARD PROCUREMENT › Subpart E - SOURCE SELECTION AND CONTRACT FORMATION › Section 1120.2030 - Emergency Procurements

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Applications
The provisions of this Section apply to every procurement
				  over the small purchase limit set in Section
				  1120.2020, that
				  is not a sole source procurement under Section
				  1120.2025,
				  made under emergency conditions.
b) Definition of Emergency Conditions
Procurements may be made under this Section 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) repairs to IOC property are needed to
				protect against further loss or damage to IOC property, or to prevent loss or
				damage to IOC property;
C) action
				is needed to prevent or minimize serious disruption in State
				services;
D) action is needed to
				ensure the integrity of State records;
E) a supplier of goods or services announces
				bankruptcy, going out of business, or loss of franchise, or gives other similar
				reason such that making a purchase immediately is in the State's best
				interest;
F) items are available on
				the spot market or at discounted prices available for a limited time such that
				good business judgment mandates a purchase immediately to take advantage of the
				availability and price;
G) legal
				services to assist an agency in the formulation of policy, in drafting or
				evaluating documents, or in determining the extent of statutory authority that
				are needed sooner than the competitive process would allow;
H) 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;
I) extending a contract is needed to conduct
				a competitive method of source selection;
J) immediate action is necessary to avoid
				lapsing or loss of federal or donated funds; or
K) immediate action is necessary to protect
				the collection of State revenue.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1120 - OFFICE OF THE COMPTROLLER STANDARD PROCUREMENT › Subpart E - SOURCE SELECTION AND CONTRACT FORMATION › Section 1120.2035 - 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
				professional and other services necessary to prepare for anticipated
				litigation, enforcement actions, or investigations, which are exempt from the
				requirements of the Code and this Part and except as provided in Section
				1120.2020 and in
				subsection (c) of this Section.
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 1120 - OFFICE OF THE COMPTROLLER STANDARD PROCUREMENT › Subpart E - SOURCE SELECTION AND CONTRACT FORMATION › Section 1120.2036 - 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 CPO 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 1120 - OFFICE OF THE COMPTROLLER STANDARD PROCUREMENT › Subpart E - SOURCE SELECTION AND CONTRACT FORMATION › Section 1120.2037 - 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.
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 subsections
				(b)(2) through (5). "Illinois resident vendor" has the meaning given in Section
				1120.4510.
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 or IOC shall be given additional consideration in
				determining responsibility if the CPO 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 goods 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
				goods 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 IOC require as early delivery as possible.
5) If the bids or proposals are equal in
				every respect, the award shall be made by lot unless the CPO 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 good or service 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 1120 - OFFICE OF THE COMPTROLLER STANDARD PROCUREMENT › Subpart E - SOURCE SELECTION AND CONTRACT FORMATION › Section 1120.2038 - 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 CPO knows or has reason to conclude that a mistake has been
				made, the CPO should 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 IFB, 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 CPO shall waive the informalities or allow the
				bidder to correct them, depending on which is in the best interest of the
				State. Minor informalities include insignificant mistakes when the effect on
				price, quantity, quality, delivery or contractual conditions is negligible.
				Examples of minor informalities as to form include the failure of a bidder to:
A) return the number of signed bids required
				by the IFB;
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 IFB, 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 1120 - OFFICE OF THE COMPTROLLER STANDARD PROCUREMENT › Subpart E - SOURCE SELECTION AND CONTRACT FORMATION › Section 1120.2040 - 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 IOC 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 CPO 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 CPO determines in
				writing that the action is in the State's best interest for reasons including,
				but not limited to:
A) the IOC no longer
				requires the supplies, services or construction;
B) the IOC 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 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) when
				appropriate, explain that an opportunity will be given to compete on any
				resolicitation or any future procurements of similar supplies, services or
				construction.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1120 - OFFICE OF THE COMPTROLLER STANDARD PROCUREMENT › Subpart F - SUPPLIERS, PREQUALIFICATION AND RESPONSIBILITY › Section 1120.2043 - Suppliers

Current through Register Vol. 48, No. 28, July 12, 2024
a) An agency with
				procurement authority may contract with any qualified source of supply, but
				must give preference to directed sources and should consider the special
				sources outlined in this Section.
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.
2) Central Services. Supplies and services
				available from the program operations of DCMS shall be utilized unless the CPO
				authorizes procurement from other sources.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1120 - OFFICE OF THE COMPTROLLER STANDARD PROCUREMENT › Subpart F - SUPPLIERS, PREQUALIFICATION AND RESPONSIBILITY › Section 1120.2044 - Vendor Lists

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The Procurement Officer may maintain a list of vendors interested in doing
				business with the IOC. Lists of names and addresses of bidders shall be
				available for public inspection.
b)
				Inclusion or exclusion from the vendor list of the name of a business does not
				indicate whether the business is responsible in respect to a particular
				procurement or otherwise capable of successfully performing a State
				contract.
c) IFBs and other
				solicitations will be sent to vendors on the vendor list for goods 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 IOC may, if it
				determines that the best interest of the State would be served, rotate the
				selection from the list on any equitable basis.
3) The IOC determines that the best interests
				of the State will be served by limiting vendors to those in defined geographic
				areas.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1120 - OFFICE OF THE COMPTROLLER STANDARD PROCUREMENT › Subpart F - SUPPLIERS, PREQUALIFICATION AND RESPONSIBILITY › Section 1120.2045 - 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 qualification prior to procurement would be
				advantageous to the State.
2) The
				CPO 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 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
				1120.2046. 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; the
				factor 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 IFB, RFP or other procurement request shall state
				that fact.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1120 - OFFICE OF THE COMPTROLLER STANDARD PROCUREMENT › Subpart F - SUPPLIERS, PREQUALIFICATION AND RESPONSIBILITY › Section 1120.2046 - 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 IOC's needs. If there is doubt
				  about responsibility, and if a bond or other security would adequately protect
				  the State's interests, then that vendor may be awarded a contract upon receipt
				  of the bond or other security.
b) Standards of Responsibility
1) Standards. Factors to be considered in
				determining whether the standard of responsibility has been met may include,
				but are not limited to, whether a prospective vendor:
A) has available the appropriate financial,
				material, equipment, facility and personnel resources and expertise (or the
				ability to obtain them) necessary to indicate its capability to meet all
				contractual requirements;
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 would make
				contracting with that vendor undesirable 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, 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.