Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 500 - PURCHASES AND CONTRACTS › Subpart A - GENERAL › Section 500.40 - Definition of Terms Used in This Part

Current through Register Vol. 48, No. 28, July 12, 2024
As used throughout this Part, each term listed in this
				  Section shall have the meaning set forth below unless its use clearly requires
				  a different meaning. Terms may be defined in particular Sections for use in
				  that Section.
"Amendment" - A written modification to a contract provision,
				  as permitted by the original contract.
"Award" - The determination that a particular vendor has been
				  selected from among other potential vendors to enter into negotiations for the
				  purpose of finalizing a contract.
"Bid" - The response to an Invitation for Bids.
"Bidder" - The person or entity submitting a bid.
"Brand Name or Equal Specification" - A specification that
				  uses one or more manufacturer's names or catalog numbers to describe the
				  standard of quality, performance, and other characteristics needed to meet OAG
				  requirements, and that allows the submission of equivalent products.
"Brand Name Specification" - A specification limited to one
				  or more items by manufacturers' names or catalog numbers.
"CMS" - The Department of Central Management Services.
"Code" - The Illinois Procurement Code [ 30 ILCS 500
				  ].
"Consulting Services" - Services provided by a business or
				  person as an independent contractor to advise and assist the OAG in solving
				  specific management or programmatic problems involving the organization,
				  planning, direction, control or operations of a State agency. The services may
				  or may not rise to the level of professional and artistic as defined in this
				  Part.
"Contract" -
All types of State agreements,
				  regardless of what they may be called, for the procurement, use, or disposal of
				  supplies, services, professional or artistic services, or construction or for
				  leases of real property where the State is the lessee, or capital improvements,
				  and including renewals, master contracts, contracts for financing through use
				  of installment or lease-purchase arrangements, renegotiated contracts,
				  amendments to contracts, and change orders.
[
				  30 ILCS 500/1-15.30 ]
				  The term contract as used in this Part does not include supplies or services
				  the terms governing which are established by tariff of the Illinois Commerce
				  Commission or the Federal Communications Commission and for which there is no
				  authorized competition.
"Contractor" or "Vendor" - The terms contractor and vendor
				  are used interchangeably for purposes of this Part. When appropriate, the term
				  "vendor" shall also include subcontractors.
"Day" - Calendar day. In computing any period of time, the
				  day of the event from which the designated period of time begins to run shall
				  not be included, but the last day of the period shall be included unless it is
				  a Saturday, Sunday, or a State holiday, in which event the period shall run to
				  the end of the next business day.
"Invitation for Bids" or "IFB" - The process by which the OAG
				  requests information from bidders, including all documents, whether attached or
				  incorporated by reference, used for soliciting bids.
"Items" - Anything that may be procured under this
				  Part.
"OAG" - The Office of the Auditor General.
"Offer" - A bid, proposal or response solicited by the
				  OAG.
"Offeror" - The person or entity submitting a bid, proposal
				  or response solicited by the OAG. A person or entity (other than an individual
				  acting as a sole proprietor) may qualify as a bidder or offeror only if the
				  person or entity is a legal entity authorized to do business in Illinois prior
				  to submitting the bid, offer or proposal.
"Procurement Officer" - One or more OAG employees who serve
				  at the direction of the Chief Procurement Officer of the OAG (CPO) and are
				  responsible for conducting OAG procurement activity.
"Proposal" - The response to a Request for Proposals.
"Proposer" - The person or entity submitting a
				  proposal.
"Qualified Products List" - An approved list of supplies
				  described by model or catalog numbers that, prior to competitive solicitation,
				  the OAG has determined will meet the applicable specification
				  requirements.
"Request for Information" or "RFI" - The process by which the
				  OAG requests information from offerors for OAG contracts for leases of real
				  property or capital improvements.
"Request for Proposals" or "RFP" - The process by which the
				  OAG requests information from offerors, including all documents, whether
				  attached or incorporated by reference, used for soliciting proposals.
"Respondent" - The person or entity submitting a response to
				  a Request for Information from the OAG.
"Response" - A response to a Request for Information.
"Responsible Offeror" - A person or entity that is capable in
				  all respects of performing fully the contract requirements and has the
				  integrity and reliability that will assure good faith performance. A
				  responsible bidder or offeror shall not include a business or other entity that
				  does not exist as a legal entity at the time a bid, proposal or offer is
				  submitted for a State contract.
"Responsive Offeror" - A person or entity that has submitted
				  an offer conforming in all material respects to the solicitation.
"Service" - The furnishing of labor, time, or effort by a
				  contractor, not involving the delivery of a specific end product other than
				  reports or supplies that are incidental to the required performance and the
				  financing thereof.
"Solicitation" - An Invitation for Bids, Request for
				  Proposals or Request for Information.
"Specification for a Common or General Use Item" - A
				  specification that has been developed and approved for repeated use in
				  procurements.
"Specifications" -
Any description, provision, or
				  requirement pertaining to the physical or functional characteristics or of the
				  nature of a supply, service, or other item to be procured under a contract.
				  Specifications may include a description of any requirement for inspecting,
				  testing, or preparing a supply, service, professional or artistic service,
				  construction, or other item for delivery.
[
				  30 ILCS
				  500/1-15.95 ]
"Subcontract" - A contract with a total value of more than
				  $50,000 between a person or entity and another person or entity who has a State
				  contract, pursuant to which the subcontractor provides to the contractor, or,
				  if the subcontract price is more than $50,000, another subcontractor some or
				  all of the supplies, services, real property, remuneration or other monetary
				  forms of consideration that are the subject of the primary contract and
				  includes, among other things, subleases from a lessee of a State agency. For
				  purposes of this Part, a "subcontract" does not include purchases of supplies
				  that are incidental to the performance of a contract by a person who has a
				  contract subject to this Part.
"Subcontractor" - A person or entity that enters into a
				  contractual agreement with a total value of more than $50,000 with a person or
				  entity who has a contract with the OAG pursuant to which the person or entity
				  provides some or all of the supplies, services, real property, remuneration or
				  other monetary forms of consideration that are the subject of the primary OAG
				  contract, including subleases from a lessee of a State contract. For purposes
				  of this Part, a person or entity is not a "subcontractor" if that person only
				  provides supplies that are incidental to the performance of a contract by a
				  person who has a contract subject to this Part.
"Supplier" - Any person or entity providing supplies,
				  including, but not limited to, equipment, materials, printing, and insurance,
				  and the financing of those supplies that can be procured regularly or are
				  available on the commercial market.
"Supplies" - All personal property, including but not limited
				  to equipment, materials, printing, and insurance, and the financing of those
				  supplies that can be procured regularly or are available on the commercial
				  market.