Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1 - CHIEF PROCUREMENT OFFICER FOR GENERAL SERVICES STANDARD PROCUREMENT › Subpart A - GENERAL › Section 1.10 - Application

Current through Register Vol. 48, No. 28, July 12, 2024
a) Except as
				specifically provided in the Code, the Code and this Part do not apply to any:
1)
contracts between the State and
				its political subdivisions or other governments, or between State governmental
				bodies, except as specifically provided in
the
Code.
[30
				ILCS 500/1-10(b)(1) ] (For purposes
				of this subsection (a)(1), "governmental bodies" includes the State
				universities and their governing boards, community colleges and their governing
				boards and school districts. This provision applies to contracts between
				governmental entities; it does not apply to State agencies use of contracts
				established by other governmental entities.)
2)
grants (except for the filing
				requirements of Section 20-80 of the Code).
[30
				ILCS 500/1-10(b)(2) ]
3)
purchase of care.
[30
				ILCS 500/1-10(b)(3) ]
4)
hiring of an individual as
				employee and not as an independent contractor, whether pursuant to an
				employment code or policy or by contract directly with that
				individual.
[30
				ILCS 500/1-10(b)(4) ]
5)
collective bargaining
				contracts.
[30
				ILCS 500/1-10(b)(5) ]
6)
purchase of real estate, except
				that notice of this type of contract with a value of more than $25,000 must be
				published in the Procurement Bulletin within 7 days after the deed is recorded
				in the county of jurisdiction.
This applies to purchases whether
				outright or by means of an installment purchase. The exercise of an option to
				purchase in a real estate lease is exempt, but the underlying lease is not
				exempt from this Part
. The notice shall identify the real estate
				purchased, the names of all parties to the contract, the value of the contract,
				and the effective date of the contract.
[30
				ILCS 500/1-10(b)(6) ]
7)
contracts necessary to prepare for
				anticipated litigation, enforcement actions, or investigations, provided that
				the chief legal counsel to the Governor shall give his or her prior approval
				when the procuring agency is one subject to the jurisdiction of the Governor,
				and provided that the chief legal counsel of any other procuring entity subject
				to
the
Code shall give his or her prior approval when the
				procuring entity is not one subject to the jurisdiction of the
				Governor.
[30
				ILCS 500/1-10(b)(7) ] Anticipated
				litigation is that which a State agency may prosecute or defend before a court
				or administrative body and actions necessary to prepare for and conduct the
				effective legal prosecution or defense of litigation, including, but not
				limited to, the retention of counsel, investigators, expert witnesses and court
				reporters. This Section is applicable to equipment or services necessary in the
				furtherance of covert activities lawfully conducted by a State
				agency.
8)
procurement
				expenditures by the Illinois Conservation Foundation when only private funds
				are used.
[30
				ILCS 500/1-10(b)(6) ]
9) procurement expenditures by the Illinois
				Health Information Exchange Authority involving private funds from the Health
				Information Exchange Fund. "Private funds" means gifts, donations, and private
				grants.
10)
public-private
				agreements entered into according to the procurement requirements of Section 20
				of the Public-Private Partnerships for Transportation Act
[630 ILCS 5
				]
and design-build agreements entered into according to the procurement
				requirements of Section 25 of the Public-Private Partnerships for
				Transportation Act.
[30
				ILCS 500/1-10(b)(11) ]
11)
the electric power procurement
				process provided for under Section 1-75 of the Illinois Power Agency
				Act
[20 ILCS 3855 ]
and Section 16-111.5 of the Public
				Utilities Act
[220 ILCS 5 ]. [30
				ILCS 500/1-10(c) ]
12)
the procurement process provided
				for under Section 9.1 of the Illinois Lottery Law
[20 ILCS 1605 ],
except for Section 20-160 and Article 50 of the Code, and as expressly
				required by Section 9.1 of the Illinois Lottery Law.
[30
				ILCS 500/1-10(d) ]
13)
the process used by the Capital
				Development Board to retain a person or entity to assist the Capital
				Development Board with its duties related to the determination of costs of
				clean coal SNG brownfield facility, as defined by Section 1-10 of the Illinois
				Power Agency Act, as required in Section 9-220(h-3) of the Public Utilities
				Act, including calculating the range of capital costs, the range of operating
				and maintenance costs, or the sequestration costs or monitoring the
				construction of clean coal SNG brownfield facility for the full duration of
				construction.
[30
				ILCS 500/1-10(e) ]
14)
the process used by the Illinois
				Power Agency to retain a mediator to mediate sourcing agreement disputes
				between gas utilities and the clean coal SNG brownfield facility, as defined in
				Section 1-10 of the Illinois Power Agency Act, as required under Section
				9-220(h-1) of the Public Utilities Act.
[30
				ILCS 500/1-10(f) ]
15)
the processes used by the
				Illinois Power Agency to retain a mediator to mediate contract disputes between
				gas utilities and the clean coal SNG facility and to retain an expert to assist
				in the review of contracts under Section 9-220(h) of the Public Utilities Act.
				The Code does not apply to the process used by the Illinois Commerce Commission
				to retain an expert to assist in determining the actual incurred costs of the
				clean coal SNG facility and the reasonableness of those costs as required under
				Section 9-220(h) of the Public Utilities Act.
[30
				ILCS 500/1-10(g) ]
16)
the process to procure or
				contracts entered into in accordance with Sections 11-5.2 and 11-5.3 of the
				Illinois Public Aid Code
[305 ILCS 5 ]. [30
				ILCS 500/1-10(h) ]
17)
the process used by the Capital
				Development Board to retain an artist or work or works of art as required in
				Section 14 of the Capital Development Board Act
[20 ILCS 105
				]
.
[30
				ILCS 500/1-10(j) ]
18)
procurements necessary for the
				Department of Agriculture, the Department of Financial and Professional
				Regulation, the Department of Human Services, the Department of Commerce and
				Economic Opportunity, and the Department of Public Health to implement the
				Cannabis Regulation and Tax Act
[410 ILCS 705 ]
if the
				applicable agency has made a good faith determination that it is necessary and
				appropriate for the expenditure to fall within this exemption.
[30
				ILCS 500/1-10(b)(18) ]
19) State agency's intergovernmental
				agreement with an Illinois public institution of higher education when the
				intergovernmental agreement permits the State agency to use a contract
				established by the Illinois public institution of higher education and the:
A) contract was competitively procured under
				the Procurement Code or procurement requirements applicable to the Illinois
				public institution of higher education;
B) contract is an integral part of the
				products or services produced by the Illinois public institution of higher
				education and received through the intergovernmental agreement; and
C) State agency does not have a contract or
				any obligation to the Illinois public institution of higher education's
				contractor for items received from the contractor through the intergovernmental
				agreement.