reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1120 - OFFICE OF THE COMPTROLLER STANDARD PROCUREMENT › Subpart G - BID, PROPOSAL AND PERFORMANCE SECURITY › Section 1120.2047 - Security Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The CPO may require that a vendor furnish bid, proposal or performance security
				on IOC contracts. Whenever security is required, except as provided in this
				Section, 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 CPO
				will determine the amount, in dollars or percentage of contract price, that
				will adequately protect the State's interests.
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, or 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 1120 - OFFICE OF THE COMPTROLLER STANDARD PROCUREMENT › Subpart H - SPECIFICATIONS AND SAMPLES › Section 1120.2050 - Specifications and Samples

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				CPO Responsibilities Regarding Specifications
1) The CPO is authorized to write IOC
				procurement specifications.
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 CPO. If no such
				specification exists, the CPO shall have the authority to prepare
				specifications for use in the 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 1120 - OFFICE OF THE COMPTROLLER STANDARD PROCUREMENT › Subpart I - CONTRACT TYPES › Section 1120.2055 - Types of Contracts

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Scope of Rule
This Subpart contains descriptions of types of contracts and
				  limitations as to when they should be utilized by the IOC 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 Code. This type of contracting may not be used alone or in
				  conjunction with an authorized type of contract.
c) Types of Fixed-Price Contracts
1) Firm Fixed-Price Contract. A firm
				fixed-priced contract provides a price that is not subject to adjustment
				because of variations in the contractor's cost of performing the work specified
				in the contract.
2) Fixed-Price
				Contract with Price Adjustment
A) A
				fixed-price contract with price adjustment provides for variation in the
				contract price under special conditions defined in the contract, other than
				customary provisions authorizing price adjustments due to modifications to the
				work. The formula or other basis by which the adjustment in contractor price
				can be made shall be specified in the solicitation and the resulting contract.
				Adjustment allowed may be upward or downward only, or both upward and downward.
				Examples of conditions under which adjustments may be provided in fixed-price
				contracts are:
i) changes in the contractor's
				labor agreement rates as applied to an industry or areawide (such as are
				frequently found in contracts for the purchase of coal);
ii) changes due to rapid and substantial
				price fluctuations, that can be related to an accepted index (such as contracts
				for gasoline, heating oils and dental gold alloy); and
iii) in requirement contracts when a general
				price change applicable to all customers occurs, or when a general price change
				alters the base price (such as a change in a manufacturer's published price
				list or posted price to which a fixed discount is applied pursuant to the
				contract to determine the contract price).
B) If the contract permits unilateral action
				by the contractor to bring about the condition under which a price increase may
				occur, the IOC shall retain the right to reject the price increase and
				terminate without cost the future performance of the contract.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1120 - OFFICE OF THE COMPTROLLER STANDARD PROCUREMENT › Subpart J - DURATION OF CONTRACTS › Section 1120.2060 - 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 IOC 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 1120 - OFFICE OF THE COMPTROLLER STANDARD PROCUREMENT › Subpart K - CONTRACT MATTERS › Section 1120.2570 - Equal Employment Opportunity: Affirmative Action

Current through Register Vol. 48, No. 28, July 12, 2024
a) 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 regulations concerning equal
				employment opportunities and affirmative action;
3) Provide such information with respect to
				its employees and applicants for employment and assistance as the Department of
				Human Rights may reasonably request;
4) Have written sexual harassment policies
				that 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, investigation and
				complaint processes available through the Department of Human Rights and the
				Human Rights Commission;
F)
				directions on how to contact the Department of Human Rights and the Human
				Rights Commission;
G) protection
				against retaliation as provided by Section 6-102 of the Illinois Human Rights
				Act [775 ILCS
				5/6-102 ].
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 1120 - OFFICE OF THE COMPTROLLER STANDARD PROCUREMENT › Subpart K - CONTRACT MATTERS › Section 1120.2580 - 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, in its proposal or prior to award, the identity of each
				  subcontractor 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 1120 - OFFICE OF THE COMPTROLLER STANDARD PROCUREMENT › Subpart L - CONTRACT PRICING › Section 1120.2800 - 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 1120 - OFFICE OF THE COMPTROLLER STANDARD PROCUREMENT › Subpart M - CONSTRUCTION AND CONSTRUCTION-RELATED PROFESSIONAL SERVICES › Section 1120.3005 - Construction and Construction-Related Professional Services

Current through Register Vol. 48, No. 28, July 12, 2024
Construction and Construction-Related Professional Services
				  shall be procured by the CPO in accordance with the State Comptroller Act
				  [15 ILCS
				  405/2 ] under rules promulgated by the Capital
				  Development Board (44 Ill. Adm. Code 910).
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1120 - OFFICE OF THE COMPTROLLER STANDARD PROCUREMENT › Subpart N - REAL PROPERTY LEASES AND CAPITAL IMPROVEMENT LEASES › Section 1120.4005 - Real Property Leases and Capital Improvement Leases

Current through Register Vol. 48, No. 28, July 12, 2024
Real property leases and capital improvement leases shall be
				  procured in accordance with Article 40 of the Code, this Part, and 44 Ill. Adm.
				  Code 5000. In the event of a conflict, 44 Ill. Adm. Code 5000 shall
				  prevail.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1120 - OFFICE OF THE COMPTROLLER STANDARD PROCUREMENT › Subpart O - PREFERENCES › Section 1120.4505 - Procurement Preferences

Current through Register Vol. 48, No. 28, July 12, 2024
The procurement preferences identified in Article 45 of the
				  Code must be considered in developing procurement documents, conducting
				  evaluations and drafting contracts. When any such preference is utilized, the
				  IFB, RFP or other procurement request shall identify the preference and the
				  conditions associated with its use. Subsequent Sections of this Subpart O
				  identify conditions for the use of certain of the statutory
				  preferences.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1120 - OFFICE OF THE COMPTROLLER STANDARD PROCUREMENT › Subpart O - PREFERENCES › Section 1120.4510 - Resident Bidder Preference

Current through Register Vol. 48, No. 28, July 12, 2024
a) "Illinois resident vendor" as used in this
				Section means a person authorized to transact business in this State and having
				a bona fide establishment for transacting business within this State at which
				it was actually transacting business on the date when any competitive
				solicitation for a public contract was first advertised or announced, including
				a foreign corporation duly authorized to transact business in this State that
				has a bona fide establishment for transacting business within this State at
				which it was actually transacting business on the date when any competitive
				solicitation for a public contract was first advertised or announced.
b) In breaking a tie, an Illinois resident
				vendor shall be given the award.
c)
				An Illinois resident vendor who would perform the services or provide the
				supplies from another state shall be considered a resident of that other state
				as against an Illinois resident vendor who would perform the services or
				provide the supplies from Illinois, if that other state has an in-state
				preference.
d) If an Illinois
				resident vendor produces or performs at least 51% of the goods or services in
				another state, that Illinois resident vendor shall be considered a resident of
				that other state for purposes of application of this reciprocal preference when
				evaluating the bid of an Illinois resident contractor that produces or performs
				at least 51% of the goods or services in Illinois.
e) The CPO may refer to the list of states
				with in-state preference maintained by DCMS, which shall be considered in all
				procurements involving out-of-state vendors.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1120 - OFFICE OF THE COMPTROLLER STANDARD PROCUREMENT › Subpart O - PREFERENCES › Section 1120.4530 - Correctional Industries

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The CPO shall refer to the listing maintained by DCMS of the goods or services
				available and mandatorily purchased from the Department of
				Corrections.
b) Those items that
				must be purchased from Corrections may not be procured from any other source
				without the express written authorization of the CPO.
c) The CPO may procure from Corrections
				without seeking competition or giving public notice.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1120 - OFFICE OF THE COMPTROLLER STANDARD PROCUREMENT › Subpart O - PREFERENCES › Section 1120.4535 - Sheltered Workshops for the Disabled

Current through Register Vol. 48, No. 28, July 12, 2024
a) Use of Sheltered Workshop
The CPO shall refer to information prepared by DCMS
				  concerning qualified sheltered workshops and categories of goods and services
				  set aside to those sheltered workshops by DCMS. To the extent practicable, the
				  IOC will observe such set asides.
b) Pricing Approval
While notice and competition is not required prior to
				  contracting with a sheltered workshop, prices must be reasonable. Whether a
				  price is reasonable will be determined based upon current market prices,
				  historical prices, prices received by other State agencies for similar goods or
				  services, the policy of the Code to promote procurements from sheltered
				  workshops, and other such relevant factors.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1120 - OFFICE OF THE COMPTROLLER STANDARD PROCUREMENT › Subpart O - PREFERENCES › Section 1120.4540 - Gas Mileage

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Vehicle specifications shall require compliance with minimum gas mileage
				requirements established in Section 45-40 of the Code.
b) Exceptions must be approved by the CPO and
				must fully describe the circumstances necessitating a noncompliant
				vehicle.
c) No exceptions will be
				granted unless it is clear that a noncompliant vehicle is necessary.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1120 - OFFICE OF THE COMPTROLLER STANDARD PROCUREMENT › Subpart O - PREFERENCES › Section 1120.4550 - Contracting with Business Owned and Controlled by Minorities, Women, and Persons with Disabilities

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Business Enterprise for Minorities, Women, and Persons with Disabilities Act [
				30
				ILCS 575/0.01 ] (Act) sets a goal (minimum 20%) for
				contracting with businesses owned by minorities, women, or persons with
				disabilities.
b) IOC hereby
				establishes a goal that at least 20% of the dollar amount of contracts be
				awarded to businesses owned by minorities, women, or persons with disabilities.
				Of that 20%, 7% shall be for women-owned businesses, 2% for businesses owned by
				persons with disabilities and not-for-profit entities for the disabled, and the
				remaining 11% for minority-owned businesses, unless these amounts are modified
				by the Business Enterprise Council for Minorities, Women, and Persons with
				Disabilities created under Section 5 of the Act [
				30
				ILCS 575/5 ].
c) The goal established in subsection (b) may
				be satisfied, in whole or in part, by counting expenditures made by IOC vendors
				to subcontractors.
d) The CPO may
				undertake the following actions to reach the goal established in subsection
				(b):
1) focus solicitation upon vendors from
				the list of certified businesses ascertained by the Business Enterprise Council
				for Minorities, Women, and Persons with Disabilities;
2) advertise in appropriate media;
3) divide job or project requirements, when
				economically, technically, and programmatically feasible, into smaller tasks or
				quantities;
4) eliminate extended
				experience or capitalization requirements when programmatically
				feasible;
5) identify specific,
				proposed projects, purchases, or contracts as particularly appropriate for
				participation by businesses owned by minorities, women, or persons with
				disabilities; and
6) establish
				set-asides in accordance with applicable law.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1120 - OFFICE OF THE COMPTROLLER STANDARD PROCUREMENT › Subpart P - ETHICS › Section 1120.5013 - Conflicts of Interest Prohibited by the Code

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any bid, proposal, offer of acceptance, or
				proposed contract must be reviewed for conflicts of interest pursuant to
				Section 50-13 of the Code. If a conflict is found, no contract will be executed
				unless the CPO requests and is granted an exemption by the Comptroller under
				Section
				1120.5020 of this
				Part.
b) For the purpose of this
				Part, an individual has a direct pecuniary interest in a contract when the
				individual is owed a payment or otherwise received a direct financial benefit
				in conjunction with performance of a contract, including finders fees and
				commission payments.
c)
				Distributable income means the income of a company after payment of all
				expenses, including employee salary and bonus, and retained earnings, and the
				remaining amount is actually distributed to those entitled to receive a share
				of that income. In the case of a for-profit corporation, distributable income
				means "dividends". When calculating entitlement to distributable income, the
				entitlement shall be determined at the end of the company's most recent fiscal
				year.
d) This Section applies to
				those elected to an office of Illinois State government. This Section does not
				apply to those elected to local government offices, including school districts,
				nor does it apply to those elected to federal offices in this State. This
				Section does not apply to contracts with licensed professionals, provided those
				contracts are competitively bid. For purposes of this Section, "bid" means
				procured pursuant to the competitive procedures identified in Subpart
				E.
e) Additional exemptions to the
				application of this Part are listed in Section 50-13(f) of the Code.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1120 - OFFICE OF THE COMPTROLLER STANDARD PROCUREMENT › Subpart P - ETHICS › Section 1120.5015 - Negotiations for Future Employment

Current through Register Vol. 48, No. 28, July 12, 2024
a) An individual who performs services
				pursuant to a contract and who meets the requirements of an "employee" as
				opposed to an independent contractor is in a "continued contractual
				relationship" for the effective date of the contract until such time as the
				contract is terminated.
b) An
				individual who performs services pursuant to a contract and who meets the
				requirements of an "independent contractor" as opposed to an "employee" is in a
				"continued contractual relationship" if the contract term is indefinite, is
				automatically renewed, is renewable at the individuals option, is renewable
				unless the State must act to terminate, or has a definite term of at least
				three months.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1120 - OFFICE OF THE COMPTROLLER STANDARD PROCUREMENT › Subpart P - ETHICS › Section 1120.5020 - Exemptions

Current through Register Vol. 48, No. 28, July 12, 2024
If the CPO finds a conflict of interest under Section 50-13
				  of the Code with the vendor selected for award or contract negotiations, the
				  Comptroller shall decide in writing whether to grant an exception and place the
				  written determination in the contract file.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1120 - OFFICE OF THE COMPTROLLER STANDARD PROCUREMENT › Subpart P - ETHICS › Section 1120.5030 - Revolving Door

Current through Register Vol. 48, No. 28, July 12, 2024
The CPO shall identify in writing his or her designees whose
				  job, or whose position description, is at least 51% directly related to State
				  procurement. The following activities are directly related to State
				  procurement: drafting specifications, preparing IFBs and RFPs, evaluating
				  responses to IFBs and RFPs, negotiating contracts and supervising any of the
				  foregoing. The CPO shall maintain a record of the designees for at least two
				  years following the end or revocation of the designation.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1120 - OFFICE OF THE COMPTROLLER STANDARD PROCUREMENT › Subpart P - ETHICS › Section 1120.5035 - Disclosure of Financial Interests and Potential Conflicts of Interest

Current through Register Vol. 48, No. 28, July 12, 2024
a) For purposes of
				Section 50-35(a) of the Code, an "offer from responsive bidders or offerors"
				means only those offers that are received using an IFB or RFP under Section
				20-10, 20-15 or 20-35 or Article 35 of the Code. Disclosures are not required
				in small, sole source or emergency procurements.
b) Definitions
1) For purposes of Section 50-35(b) of the
				Code, "parent entity" means a person who owns 100% of the bidding
				entity.
2) For purposes of Section
				50-35(b)(1) of the Code, "contractual employment of services" means any
				contract to provide services to the State, whether as independent contractor or
				employee, which is by and between the State and the named individual.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1120 - OFFICE OF THE COMPTROLLER STANDARD PROCUREMENT › Subpart P - ETHICS › Section 1120.5040 - Lobbying Restrictions

Current through Register Vol. 48, No. 28, July 12, 2024
a) A
				person or business that is let or awarded a contract is not entitled to receive
				any payment, compensation, or other remuneration from the State to compensate
				the person or business for any expenses related to travel, lodging, or meals
				that are paid by the person or business to any officer, agent, employee,
				consultant, independent contractor, director, partner, manager, or shareholder.
				[30 ILCS
				500/50-38(a) ]
b) Disclosure
1) Any bidder or offeror on a State contract
				that hires a person required to register under the Lobbyist Registration Act
				[25 ILCS 170 ] to assist in obtaining a contract shall:
A) disclose all costs, fees, compensation,
				reimbursements, and other remunerations paid or to be paid to the lobbyist
				related to the contract;
B) not
				bill or otherwise cause the State of Illinois to pay for any of the lobbyist's
				costs, fees, compensation, reimbursements, or other remuneration; and
C) sign a verification certifying that none
				of the lobbyist's costs, fees, compensation, reimbursements, or other
				remuneration were billed to the State.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1120 - OFFICE OF THE COMPTROLLER STANDARD PROCUREMENT › Subpart Q - CONCESSIONS › Section 1120.5310 - Concessions

Current through Register Vol. 48, No. 28, July 12, 2024
Proposed concessions or leases of State property under this
				  provision of the Code must be coordinated with DCMS to ensure compliance with
				  the State Property Control Act [30 ILCS 605 ] and rules implementing that
				  Act.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1120 - OFFICE OF THE COMPTROLLER STANDARD PROCUREMENT › Subpart R - COMPLAINTS, PROTESTS AND REMEDIES › Section 1120.5510 - Complaints Against Vendors or Subcontractors

Current through Register Vol. 48, No. 28, July 12, 2024
a) The purpose of this Section is to document
				performance of vendors or subcontractors.
b) Whenever a vendor or subcontractor fails
				to meet contract requirements, including but not limited to failure to deliver
				on time or meet specifications, the IOC shall take appropriate action to
				initiate a complaint to the vendor or subcontractor.
c) For relatively minor infractions, the IOC
				may initiate contact by telephone or in person. If not resolved by this action,
				a written complaint should be made.
d) If the initial complaint is not
				satisfactorily answered, or for serious infractions, the IOC shall send a
				written complaint to the vendor or subcontractor detailing the problem. For
				complaints regarding contracts established by the CPO, a form available from
				the CPO shall be used for processing complaints.
e) A copy of all written complaints and the
				resolution or status shall be filed with the CPO.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1120 - OFFICE OF THE COMPTROLLER STANDARD PROCUREMENT › Subpart R - COMPLAINTS, PROTESTS AND REMEDIES › Section 1120.5520 - Suspension

Current through Register Vol. 48, No. 28, July 12, 2024
a) Application
This Section applies to all debarments or suspensions of
				  vendors or subcontractors from consideration for award of contracts under the
				  Code.
b) The CPO may
				suspend a vendor or subcontractor from doing business with the IOC or for
				specific types of supplies or services. A suspension may be issued upon a
				showing the vendor or subcontractor violated the Code or this Part or failed to
				conform to specifications or terms of delivery.
c) When the CPO finds cause exists for
				suspension, a notice of suspension, including a copy of the CPO's
				determination, shall be sent to the suspended vendor or subcontractor. Bids or
				proposals will not be solicited from the suspended vendor or subcontractor and,
				if received, will not be considered during the period of suspension.
d) A vendor or subcontractor may be suspended
				for a period of time commensurate with the seriousness of the offense, but for
				no more than five years. The suspension will be effective within seven calendar
				days after receipt of notice unless an objection is filed. If an objection is
				filed, suspension would not become effective until the evaluation of the
				objection is completed.
e) The CPO
				may debar a vendor or subcontractor. Debarment is the permanent suspension of a
				vendor or subcontractor from doing business with the IOC. A debarment may only
				take place in those instances involving bribery or attempted bribery of a State
				of Illinois officer or employee, or as otherwise allowed or required by law.
				Bids or proposals received from the debarred vendor will not be
				considered.
f) The CPO shall
				maintain a master list of all IOC suspensions and debarments and refer to the
				DCMS master list of all suspensions and debarments. The master list will retain
				information concerning suspensions and debarments as public records. These
				records will be maintained for a period of at least three years following the
				end of the suspension or debarment. The public information may be considered in
				determining responsibility.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1120 - OFFICE OF THE COMPTROLLER STANDARD PROCUREMENT › Subpart R - COMPLAINTS, PROTESTS AND REMEDIES › Section 1120.5530 - Settlement and Resolution of Contract and Breach

Current through Register Vol. 48, No. 28, July 12, 2024
a) Authority to Settle or Resolve
				Controversies
The CPO shall have authority to settle and resolve
				  controversies, but the Comptroller may set limits on that authority.
b) Authority of Using Agency
The IOC has the authority to accept delivery of goods or
				  services in accordance with contract requirements as satisfactory adjustment of
				  a complaint.
c)
				Substitution of Terms/Price Reduction
If the vendor proposes to make an adjustment by substituting
				  an alternative specification or reducing the contract price by a certain amount
				  to compensate for some failure to provide full performance under the contract,
				  the proposal must be referred to and approved by the CPO.
d) Cancellation for Breach of Contract
In any of the following cases the CPO shall have the right to
				  terminate or rescind any contract entered into under this Part:
1) The successful bidder fails to furnish a
				satisfactory performance bond within the time specified.
2) The vendor fails to make delivery at the
				place or within the time specified in the contract or as ordered by the
				IOC.
3) Any goods or services
				provided under the contract are rejected (for not meeting specification, not
				conforming to sample, or not being in good condition when delivered) and are
				not promptly replaced by the vendor. If there are repeated rejections of the
				vendor's goods or service, this shall be grounds for termination or rescission,
				even though the vendor offers to replace the goods or services
				promptly.
4) The vendor is guilty
				of misrepresentation (for example, misbranding of food or drugs) in connection
				with another contract for the sale of goods or services to the IOC so that the
				vendor cannot reasonably be depended upon to fulfill his obligations as a
				responsible vendor under any contracts with the IOC.
5) The vendor is adjudged bankrupt; enters
				into a general assignment for the benefit of his or her creditors or into
				receivership due to insolvency; disregards laws and ordinances, rules or
				instructions of the IOC; or acts in violation of any provision of the contract
				or this Part; or if the contract conflicts with any statutory or constitutional
				provision of the State of Illinois or of the United States.
6) Any other breach of contract or other
				unlawful act by the vendor, its agents and/or subcontractor.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1120 - OFFICE OF THE COMPTROLLER STANDARD PROCUREMENT › Subpart R - COMPLAINTS, PROTESTS AND REMEDIES › Section 1120.5540 - Violation of Statute or Rule

Current through Register Vol. 48, No. 28, July 12, 2024
a) Determination that Solicitation or Award
				Violates Law
If the Procurement Officer finds that the solicitation or
				  proposed award is in violation of statute or rule, the CPO may cancel the
				  solicitation or proposed award, or make modifications to correct the violation,
				  if such correction may be legally accomplished.
b) Determination that Contract Violates
				Statute or Rule
Contracts based on awards or solicitations that were in
				  violation of law shall be terminated at no cost to the IOC.
c) Effect of Declaring a Contract Null and
				Void
In all cases in which a contract is voided, the IOC shall
				  endeavor to return those supplies delivered under the contract that have not
				  been used or distributed. No further payments shall be made under the
				  contract.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1120 - OFFICE OF THE COMPTROLLER STANDARD PROCUREMENT › Subpart R - COMPLAINTS, PROTESTS AND REMEDIES › Section 1120.5550 - Protests

Current through Register Vol. 48, No. 28, July 12, 2024
a) Protest Resolution
				by the CPO
An actual or prospective bidder, offeror or contractor that
				  may be aggrieved in connection with a procurement may file a protest on any
				  phase of solicitation or award, including but not limited to specifications
				  preparation, bid solicitation or award.
b) Complaint
Complainants should seek resolution of their complaints
				  initially with IOC. Complaints may be made verbally or in
				  writing.
c) Filing of
				Protest
1) Protests shall be made in writing
				to the CPO and shall be filed within 14 calendar days after the protester knows
				or should have known of the facts giving rise to the protest. A protest is
				considered filed when physically received by the Procurement Officer. Protests
				filed after the 14 calendar day period shall not be considered. With respect to
				a protest regarding specifications, the protest must be received within 14
				calendar days after the date the solicitation was issued, and in any event must
				be received by IOC at the designated address before the date for opening of
				bids or proposals.
2) To expedite
				handling of protests, the envelope should be labeled "Protest". The written
				protest shall include as a minimum the following:
A) the name and address of the
				protester;
B) appropriate
				identification of the procurement and, if a contract has been awarded, its
				number;
C) a statement of reasons
				for the protest; and
D) supporting
				exhibits, evidence or documents to substantiate any claims unless not available
				within the filing time, in which case the expected availability date shall be
				indicated.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1120 - OFFICE OF THE COMPTROLLER STANDARD PROCUREMENT › Subpart R - COMPLAINTS, PROTESTS AND REMEDIES › Section 1120.5560 - Hearings and Decisions

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				This Section shall govern public hearings held prior to awarding contracts for
				sole source procurements pursuant to Section 20-25 and before extending
				emergency procurements pursuant to Section 20-30.
b) Notice of hearings shall be published in
				the Bulletin at least 14 days prior to the date of the public hearing.
1) All notices shall include the date, time
				and location of the public hearing.
2) Notices for sole source procurements shall
				include the sole source procurement justification form, a description of the
				item to be procured, and the intended sole source contractor.
3) Notices for extending emergency
				procurements shall include the CPO's written justification for the emergency
				contract and the name of the contractor.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1120 - OFFICE OF THE COMPTROLLER STANDARD PROCUREMENT › Subpart S - SUPPLY MANAGEMENT AND DISPOSITIONS › Section 1120.6010 - Supply Management and Dispositions

Current through Register Vol. 48, No. 28, July 12, 2024
a) Inventory Responsibility.
The IOC shall maintain accountability over tangible personal
				  property and other supplies under its control subject to the requirements of
				  the State Property Control Act and rules implementing that Act.
b) Supply Management.
The IOC shall order supplies on a schedule and in quantities
				  so as to maintain no more than a 12 month supply in inventory. Supplies shall
				  be ordered so as to maintain the minimum inventory commensurate with ability to
				  meet IOC needs. This 12-month inventory restriction does not apply when a
				  greater quantity is needed to meet minimum order quantities.
c) Annual Inventory.
All IOC inventory storage areas shall be inventoried at least
				  annually.
d) Report of
				Inventory.
The Comptroller's Director of Administrative Services shall
				  be notified periodically of all supplies in excess of 12 months
				  supply.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1120 - OFFICE OF THE COMPTROLLER STANDARD PROCUREMENT › Subpart T - GOVERNMENTAL JOINT PURCHASING › Section 1120.6500 - General

Current through Register Vol. 48, No. 28, July 12, 2024
In an effort to make the procurement process more efficient,
				  State and other governmental units may agree to utilize each others procurement
				  contracts. Agreements between State agencies with procurement authority and
				  other governmental units with taxing authority are governed by this Part and
				  the Governmental Joint Purchasing Act [30 ILCS 525 ].
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1120 - OFFICE OF THE COMPTROLLER STANDARD PROCUREMENT › Subpart T - GOVERNMENTAL JOINT PURCHASING › Section 1120.6510 - State Use of Other Contracts

Current through Register Vol. 48, No. 28, July 12, 2024
The IOC may utilize procurement contracts established by
				  other authorized State agencies or units of government:
a) if:
1)
				the contract was established by competitive sealed bid or competitive sealed
				proposal pursuant to the Code; or
2) competitive sealed bid or competitive
				sealed proposals are not required by the Code;
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1120 - OFFICE OF THE COMPTROLLER STANDARD PROCUREMENT › Subpart T - GOVERNMENTAL JOINT PURCHASING › Section 1120.6520 - No Agency Relationship

Current through Register Vol. 48, No. 28, July 12, 2024
In any joint procurement situation, the agency establishing
				  the contract does not become the procurement agent for the
				  other.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1120 - OFFICE OF THE COMPTROLLER STANDARD PROCUREMENT › Subpart U - MISCELLANEOUS PROVISIONS OF GENERAL APPLICABILITY › Section 1120.7000 - Severability

Current through Register Vol. 48, No. 28, July 12, 2024
If any provision of this Part or any application thereof is
				  held invalid, such invalidity shall not affect other provisions or applications
				  of this Part that can be given effect without such invalid provision or
				  application.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1120 - OFFICE OF THE COMPTROLLER STANDARD PROCUREMENT › Subpart U - MISCELLANEOUS PROVISIONS OF GENERAL APPLICABILITY › Section 1120.7010 - Government Furnished Property

Current through Register Vol. 48, No. 28, July 12, 2024
If the IOC provides any property to the vendor in furtherance
				  of the contract, such property shall remain the property of the State but may
				  be consumed by the vendor if necessary to complete the contract. Vendor will
				  issue a receipt for the property and will be responsible for its safekeeping
				  and return of unused property to the State.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1120 - OFFICE OF THE COMPTROLLER STANDARD PROCUREMENT › Subpart U - MISCELLANEOUS PROVISIONS OF GENERAL APPLICABILITY › Section 1120.7015 - Inspections

Current through Register Vol. 48, No. 28, July 12, 2024
a) Inspection of Plant
				or Site
The IOC may enter a contractor's or subcontractor's plant or
				  place of business to:
1) inspect
				supplies or services for acceptance by the State pursuant to the terms of a
				contract;
2) audit the books and
				records of any contractor or subcontractor pursuant to Section
				1120.7020;
3) investigate an action to debar or suspend
				a person from consideration for award of contracts pursuant to the
				Code;
4) determine whether the
				standards of responsibility have been met or are capable of being
				met;
5) determine if the contract
				is being performed in accordance with its terms; and
6) accomplish any other purpose permitted by
				law.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1120 - OFFICE OF THE COMPTROLLER STANDARD PROCUREMENT › Subpart U - MISCELLANEOUS PROVISIONS OF GENERAL APPLICABILITY › Section 1120.7020 - Records and Audits

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Retention of Books and Records.
Books and records that relate to performance of an IOC
				  contract, including subcontracts, and that support amounts charged to the IOC
				  shall be maintained:
1) by a
				contractor, for three years from the date of final payment under the prime
				contract;
2) by a subcontractor,
				for at least three years from the date of final payment under the subcontract;
				and
3) by a contractor and
				subcontractor for such longer period of time as is necessary to complete
				ongoing or announced audits.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1120 - OFFICE OF THE COMPTROLLER STANDARD PROCUREMENT › Subpart U - MISCELLANEOUS PROVISIONS OF GENERAL APPLICABILITY › Section 1120.7025 - Written Determinations

Current through Register Vol. 48, No. 28, July 12, 2024
a) Preparation and Execution
When the Code or this Part requires a written determination,
				  the Procurement Officer may delegate its preparation, but the responsibility
				  for and the execution of the determination shall not be delegated.
b) Content
Each written determination shall set out sufficient facts,
				  circumstances and reasoning as will substantiate the specific determination
				  that is made.
c) Obtaining
				Supporting Information
While the Procurement Officer is responsible for the
				  execution of the written determination, other State personnel, particularly
				  technical personnel, are responsible for furnishing to the Procurement Officer,
				  in an accurate and adequate fashion, the information pertinent to the
				  determination. When requested, the information shall be furnished in writing to
				  the Procurement Officer who shall have the authority to decide the final form
				  and content of the determination and to resolve any questions or conflicts
				  arising with respect to the determination.
d) Forms
The CPO shall prescribe methods and operational procedures to
				  be used in preparing written determinations.
e) Retention
Each written determination shall be filed in the solicitation
				  or contract file to which it applies, shall be retained as part of that file
				  for so long as the file is required to be maintained, and, except as otherwise
				  provided by statute or rule, shall be open to public
				  inspection.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1120 - OFFICE OF THE COMPTROLLER STANDARD PROCUREMENT › Subpart U - MISCELLANEOUS PROVISIONS OF GENERAL APPLICABILITY › Section 1120.7030 - No Waiver of Sovereign Immunity

Current through Register Vol. 48, No. 28, July 12, 2024
Nothing in this Part shall be deemed to be a waiver of
				  sovereign immunity.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1130 - PURCHASING CARD PROGRAM › Section 1130.10 - Statutory Authority

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 This Part establishes rules necessary to implement Section 13.3 of the State
			 Finance Act [30 ILCS
			 105/13.3 ] relating to the use of purchasing cards by
			 State agencies.
b) This Part
			 applies to all State agencies that seek to use a purchasing card under the
			 authority of Section 13.3 of the Act.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1130 - PURCHASING CARD PROGRAM › Section 1130.20 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
The following definitions shall be used in interpreting this
				Part:
"Act" means the State Finance Act [30 ILCS 105 ].
"Authorized purchase" means an acquisition where a
				participating agency authorizes an employee as a purchasing card user within
				cardholder setup limits and restrictions specified by the participating agency;
				where the merchant authorizes the transaction in accordance with established
				payment card association rules and regulations; and the participating agency
				receives the goods. In no event shall a cardholder's acquisition of services or
				travel expenses be an authorized purchase.
"Cardholder" means an individual designated by a participating
				agency in accordance with procedures established by CMS to be a purchasing card
				recipient and make authorized purchases.
"CMS" means the Department of Central Management
				Services.
"Goods" means all tangible personal property.
"Participating agency" means a State agency that is enrolled in
				the purchasing card program pursuant to procedures established by CMS.
"Purchasing card program" means the program for State agencies'
				use of purchasing cards established under this Part.
"Services" means 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.
"Single purchasing card transaction" means an individual
				occurrence of using a purchasing card issued under this Part to purchase any
				amount of goods.
"State agency" means any department, officer, authority, public
				corporation, quasi-corporation, commission, board, institution, State college
				or university, or other public agency created by the State, other than units of
				local government and school districts.
"Travel expense" means an expense incident to official
				travel.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1130 - PURCHASING CARD PROGRAM › Section 1130.30 - Contract Evaluation and Award

Current through Register Vol. 48, No. 28, July 12, 2024
a) CMS shall solicit purchasing card vendors
			 to provide for purchasing cards for use as authorized by this Part.
b) CMS and the Comptroller shall jointly
			 evaluate and make recommendations in regard to proposals submitted by
			 purchasing card vendors in response to CMS' solicitation under this Section.
			 CMS' and the Comptroller's joint considerations shall include but not be
			 limited to:
1) the purchasing card vendor's
			 ability to provide both detailed transaction data as may be needed for State
			 accounting purposes and overall purchase card program information as may be
			 required by State agencies;
2) the
			 purchasing card vendor's ability to electronically interface detailed
			 transaction data with the participating agencies' accounting and billing
			 systems;
3) the availability of
			 discounts and rebates that the purchasing card vendor will provide the
			 State;
4) the cost to the State for
			 the products and services provided by the purchasing card vendor;
5) the impact of the purchasing card program
			 on existing procurement practices and systems;
6) the payment terms and late payment
			 penalties the purchasing card vendor will require;
7) the purchasing card vendor's ability to
			 provide card limits and restrictions as may be required by participating
			 agencies;
8) the purchasing card
			 vendor's proposed program for liability of unauthorized card use;
9) the purchasing card vendor's proposed
			 agency enrollment, implementation and account maintenance processes;
			 and
10) the location and number of
			 suppliers that accept the purchasing card.