Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 8 - CHIEF PROCUREMENT OFFICER FOR THE CAPITAL DEVELOPMENT BOARD › Subpart A - GENERAL › Section 8.15 - Definition of Terms Used in This Part

Current through Register Vol. 48, No. 28, July 12, 2024
Terms used in this Part shall have the meanings given to them
				  in the Code and this Section unless a term's use in a particular context
				  clearly requires a different meaning. A term may be defined in a particular
				  Section for use in that Section.
"A/E" - An architectural or engineering firm that is in the
				  business of offering the practice of furnishing architectural, engineering or
				  land surveying services for building projects, that is registered with the
				  Department of Financial and Professional Regulation (DFPR) and licensed to
				  practice architecture, structural engineering or professional engineering in
				  the State of Illinois, or that is properly authorized under the Professional
				  Service Corporation Act and by DFPR to practice architecture, structural
				  engineering or professional engineering in the State of Illinois. For purposes
				  of this Part, this includes licensed individuals transacting business as sole
				  proprietorships, which are not required to be registered with DFPR.
				  Solicitation for procurement of services of architects/engineers (A/Es), or
				  related professionals, shall be in accordance with the Architectural,
				  Engineering, and Land Surveying Qualifications Based Selection Act [30 ILCS 535
				  ] and CDB's rules at 44 Ill. Adm. Code 1000.
"Amendment" - A change in the terms or conditions of a
				  contract, including, but not limited to, alterations to the scope of work,
				  price, schedule, terms or conditions covered by the contract or the manner of
				  performance or completion of the contract terms. An amendment may memorialize
				  an action authorized by specific language in the contract (e.g., exercise of an
				  option or showing price decrease or increase based on CPI), or may memorialize
				  non-material changes (e.g., change in the names of notice contacts or number of
				  periodic status meetings). An amendment to a written contract must be in
				  writing to be effective. An amendment to a construction contract is known as a
				  "change order" and an amendment to a design or construction-related
				  professional service contract is known as a "modification". A change order or a
				  modification is an amendment, but an amendment is not always a change order or
				  a modification.
"Award" - The identification of a vendor with whom CDB
				  intends to enter into a contract as evidenced by posting a Notice to Award or a
				  Notice of Intent to Award to the Illinois Procurement Bulletin after all
				  CDB-required and SPO approvals have been obtained.
"Bid" - The response to an Invitation for Bids.
"Bid Documents" - Documents that include, but are not limited
				  to, the Standard Documents for Construction, advertisement for bids, bid forms
				  including PC-2, MBE/FBE Business Enterprise Participation Form, drawings, and
				  product and performance specifications following a format standard in the
				  construction industry.
"Bidder" - Any person who submits a bid.
"Bid Officer" - A person designated to receive and open bids
				  or offers.
"Board" - The seven member Capital Development Board
				  appointed by the Governor.
"Brand Name Specification" - A specification limited to one
				  or more items specified by manufacturers' names or catalogue numbers. A bidder
				  may request product substitutions as specified in the Project Manual or
				  SDC.
"Bulletin" or "Procurement Bulletin" - The volume of the
				  Illinois Procurement Bulletin published by the CPO-CDB.
"CDB Act" -The Capital Development Board Act [20 ILCS 3105 ],
				  CDB's enabling Act.
"Capital Development Board" or "CDB" - The State agency
				  established by the CDB Act.
"Change Order" - A change in a contract term other than as
				  specifically provided for in the contract that is determined necessary to
				  address needs that are best performed by the contract holder, and that
				  authorizes or necessitates any increase or decrease in the cost of the contract
				  or the time of completion. [720 ILCS
				  5/33E-2(c) ] Change orders that
				  increase or decrease the cost by a total of $10,000 or more or the time of
				  completion by a total of 30 days or more must be accompanied by a written
				  determination that includes a statement that the circumstances said to
				  necessitate the change in performance were not reasonably foreseeable at the
				  time the contract was signed, the change is germane to the original contract as
				  signed, or the change order is in the best interest of the State. [720 ILCS
				  5/33E-9] Renewals, change of a vendor's name, and modifications to design or
				  construction-related professional service contracts are not change
				  orders.
"Chief Procurement Officer" or "CPO" or "CPO-CDB" - The chief
				  procurement officer appointed by the Executive Ethics Commission for
				  procurements for construction and construction-related services committed by
				  law to the jurisdiction or responsibility of the Capital Development Board
				  pursuant to Section 10-20(a)(2) of the Code.
"Code" - The Illinois Procurement Code [30 ILCS 500].
"Construction Management Services" - Includes, but is not
				  limited to:
services provided in the planning and pre-construction phases
				  of a construction project, including, but not limited to, consulting with,
				  advising, assisting, and making recommendations to the Capital Development
				  Board and architect, engineer, or licensed land surveyor on all aspects of
				  planning for project construction; reviewing all plans and specifications as
				  they are being developed and making recommendations with respect to
				  construction feasibility, availability of material and labor, time requirements
				  for procurement and construction, and projected costs; making, reviewing, and
				  refining budget estimates based on the Board's program and other available
				  information; making recommendations to the Board and the architect or engineer
				  regarding the division of work in the plans and specifications to facilitate
				  the bidding and awarding of contracts; soliciting the interest of capable
				  contractors and taking bids on the project; analyzing the bids received; and
				  preparing and maintaining a progress schedule during the design phase of the
				  project and preparation of a proposed construction schedule; and
services provided in the construction phase of the project,
				  including, but not limited to, maintaining competent supervisory staff to
				  coordinate and provide general direction of the work and progress of the
				  contractors on the project; directing the work as it is being performed for
				  general conformance with working drawings and specifications; establishing
				  procedures for coordinating among the Board, architect or engineer,
				  contractors, and construction manager with respect to all aspects of the
				  project and implementing those procedures; maintaining job site records and
				  making appropriate progress reports; implementing labor policy in conformance
				  with the requirements of the public owner; reviewing the safety and equal
				  opportunity programs of each contractor for conformance with the public owner's
				  policy and making recommendations; reviewing and processing all applications
				  for payment by involved contractors and material suppliers in accordance with
				  the terms of the contract; making recommendations and processing requests for
				  changes in the work and maintaining records of change orders; scheduling and
				  conducting job meetings to ensure orderly progress of the work; developing and
				  monitoring a project progress schedule, coordinating and expediting the work of
				  all contractors and providing periodic status reports to the owner and the
				  architect or engineer; and establishing and maintaining a cost control system
				  and conducting meetings to review costs. [30 ILCS
				  500/33-5 ]
"Construction Manager" or "CM" - Any individual, sole
				  proprietorship, firm, partnership, corporation, or other legal entity providing
				  construction management services for the Board and prequalified by the State in
				  accordance with Section 33-10 of the Code. [30 ILCS
				  500/33-5 ]
"Construction-related Professional Services" - Services
				  performed that are governed by the Architectural, Engineering, and Land
				  Surveying Qualifications-Based Selection Act. "Professional services" means
				  those services within the scope of the practice of architecture, professional
				  engineering, structural engineering, or registered land surveying, as defined
				  by the laws of this State.
"Contract" - All types of State agreements, including change
				  orders and renewals, 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, whether the State is
				  lessor or lessee, or capital improvements, and including 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
				  ]
"Contractor" or "Vendor" - An individual, firm, partnership,
				  corporation, joint venture or other legal entity who seeks, or has entered
				  into, a construction or construction-related professional services contract
				  with CDB. The terms contractor and vendor are used interchangeably for purposes
				  of the Code and this Part.
"Construction" - means building, altering, repairing,
				  improving, or demolishing any public structure or building, or making
				  improvements of any kind to public real property.
"Day" - A 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, as applicable, in which event the period
				  shall run to the end of the next business day.
"DB Act" - The Design-Build Procurement Act [30 ILCS 537
				  ].
"Design and Construction Manual" or "DCM" - A contractual
				  document that details the role of the A/E on a CDB construction project and
				  contains standard forms and procedures.
"Design-Bid-Build" - The traditional delivery system used on
				  public projects in this State that incorporates the Architectural, Engineering,
				  and Land Surveying Qualification Based Selection Act and the principles of
				  competitive selection in the Code.
"Design-Build" or "DB" - A delivery system that provides
				  responsibility within a single contract for the furnishing of architecture,
				  engineering, land surveying and related services as required, and the labor,
				  materials, equipment, and other construction services for the project.
				  [30
				  ILCS 537/10 ]
"Design-Build Contract" - A contract for a public project
				  under the DB Act between the State construction agency and a design-build
				  entity to furnish architecture, engineering, land surveying, and related
				  services as required, and to furnish the labor, materials, equipment, and other
				  construction services for the project. The design-build contract may be
				  conditioned upon subsequent refinements in scope and price and may allow the
				  State construction agency to make modifications in the project scope without
				  invalidating the design-build contract. [30 ILCS 537/10 ]
"Design-Build Entity" - Any individual, sole proprietorship,
				  firm, partnership, joint venture, corporation, professional corporation, or
				  other entity that proposes to design and construct any public project under the
				  DB Act. A design-build entity and associated design-build professionals shall
				  conduct themselves in accordance with the laws of this State and the related
				  provisions of the Illinois Administrative Code, as referenced by the licensed
				  design professionals Acts of this State. [30
				  ILCS 537/10 ]
"Design Professional" - An individual, sole proprietorship,
				  firm, partnership, joint venture, corporation, professional corporation or
				  other entity that offers services under the Illinois Architecture Practice Act
				  of 1989, the Professional Engineering Practice Act of 1989, the Structural
				  Engineering Licensing Act of 1989, or the Illinois Professional Land Surveyor
				  Act of 1989.
"Designee" - A CDB employee or category of employees
				  designated to exercise procurement authority on behalf of the CPO. A designee
				  acts under procurement authority of the CPO or SPO and has the responsibility
				  for taking procurement actions in accordance with applicable laws, rules and
				  CDB's Standard Documents for Construction and Design and Construction Manual,
				  as limited by the terms of the designation.
"Domestic Product" - A product that meets the requirements of
				  the Procurement of Domestic Products Act.
"Drawings" - A technical drawing or set of drawings showing
				  some or all requirements and elements of a construction project. Drawings fall
				  within the definition of architecture or engineering, and follow a set of
				  conventions that include particular views (floor plans, section, details,
				  etc.), sheet sizes, units of measurement, assembly of components, annotations
				  and cross references. Drawings are complemented by a project manual containing
				  detailed construction specifications that are based on industry standards and
				  which include general requirements, product and sourcing information, and
				  instructions on performing the work. Individually or collectively these
				  documents constitute "technical submissions".
"Evaluation Criteria" - The requirements for the separate
				  phases of the selection process as defined in the QBS Act, the Design Build
				  Procurement Act, or Article 33 of the Illinois Procurement Code for the
				  selection of construction managers, and which may include the specialized
				  experience, technical qualifications and competence, capacity to perform, past
				  performance, experience with similar projects, assignment of personnel to the
				  project, and other appropriate factors.
"Germane" - For purposes of the limitations on the
				  expenditure of funds in excess of a contract price under Section 30-35 of the
				  Code, additional work to be performed or materials to be furnished is "germane"
				  to the original contract only if, in the services or materials are closely or
				  significantly related to, arise out of, or are directly incident to the
				  original contract. An initial determination of germaneness shall be made by CDB
				  in writing subject to approval of the CPO or SPO. Additional work that is such
				  a substantial departure from the nature, scope or scale of the original
				  contract that it amounts to a new contract or could not fairly been said to
				  have been bid shall not be considered germane.
"Invitation for Bids" or "IFB" - The process by which a
				  purchasing agency requests information from bidders, including all documents,
				  whether attached or incorporated by reference, used for soliciting bids.
				  [30 ILCS
				  500/1-15.45 ]
"Modification" - A modification in a contract term other than
				  as specifically provided for in the contract that is determined necessary to
				  address needs that are best performed by the contract holder, and that
				  authorizes or necessitates any increase or decrease in the cost of the contract
				  or the time of completion. [720 ILCS
				  5/33E-2(c) ] Modifications that
				  increase or decrease the cost by a total of $10,000 or more or the time of
				  completion by a total of 30 days or more must be accompanied by a written
				  determination that includes a statement that the circumstances said to
				  necessitate the change in performance were not reasonably foreseeable at the
				  time the contract was signed, the change is germane to the original contract as
				  signed, or the change order is in the best interest of the State.
				  [720 ILCS 5/33E-9 ]
				  Renewals, change of a vendor's name, and change orders to construction
				  contracts are not modifications.
"Offer" or "Proposal" - The response to a Request for
				  Proposal in the form of a letter of interest or statement of
				  qualifications.
"Offeror" - A person who responds to a Request for
				  Proposal.
"Person" - Any business, public or private corporation,
				  partnership, individual, union, committee, club, unincorporated association or
				  other organization or group of individuals, or other legal entity.
				  [30 ILCS 500/1-15.55
				  ]
"Proceed Order" - A written directive or agreement amending a
				  contract to allow germane and necessary work to proceed in a manner otherwise
				  not provided for in the contract and subject to a fixed maximum price prior to
				  the finalizing of a change order. The change order establishes the actual
				  price, which may not exceed the maximum established by the proceed
				  order.
"Procurement Compliance Monitor" or "PCM" - Person appointed
				  by the Executive Ethics Commission (EEC) under Section 10-15 of the Code to
				  oversee and review procurement processes, including services procured in
				  accordance with the QBS Act [30 ILCS 535 ] and the DB Act [30 ILCS 537].
"Procurement Officer" - The CPO, SPO or CPO designee who is
				  responsible for a particular procurement.
"Procurement Policy Board" or "PPB" - The body created by
				  Section 5-5 of the Code.
"Project Manual" - Contractual documents that provide
				  directions to the contractor that follow a format standard to the construction
				  industry.
"Purchasing Agency" - A State agency that enters into a
				  contract at the direction of the CPO or an SPO authorized by the CPO.
				  [30 ILCS
				  500/1-15.70 ]
"Qualifications Based Selection" or "QBS" -The selection of
				  construction-related professional services in accordance with the
				  Architectural, Engineering, and Land Surveying Qualifications Based Selection
				  Act.
"QBS Act" - The Architectural, Engineering, and Land
				  Surveying Qualifications Based Selection Act [30 ILCS 535].
"Renewal" - Except for Real Property and Capital Improvement
				  Leases, an agreement between the parties to a contract to authorize an
				  additional contract period under the terms and conditions of the renewal
				  provision in the contract.
"Request for Information" or "RFI" - The process of
				  requesting information from potential vendors or other interested persons for
				  the purpose of educating the State as to the range of available technical
				  solutions and procurement options. This type of RFI is not a procurement method
				  and does not result directly in the award of a contract.
"Request for Proposals" or "RFP" - A notice of projects and
				  services to be procured that is published for purposes of the solicitation of
				  letters of interest or statements of qualifications from construction managers
				  under Article 33 of the Code or from architects, engineers or land surveyors
				  under QBS or of proposals from design-build entities or commissioning
				  agents.
"Respondent" - A person who responds to an RFI.
"Responsible Bidder" or "Offeror" - Includes a person who has
				  the capability in all respects to perform fully the contract requirements and
				  who 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 or proposal is
				  submitted for a State contract. [30 ILCS 500 /1-15.80] Additional
				  responsibility requirements related to construction contractors are enumerated
				  in Section 30-22 of the Code.
"Responsive Bidder" - A person who has submitted a bid that
				  conforms in all material respects to the Invitation for Bids. [30 ILCS
				  500/1-15.85 ]
"Responsive Offeror" - a person who has submitted an offer
				  that conforms in all material respects to the request for proposals.
"Scope and Performance Criteria" - The requirements for the
				  public project, including, but not limited to, the intended usage, capacity,
				  size, scope, quality and performance standards, life-cycle costs, and other
				  programmatic criteria that are expressed in performance-oriented and
				  quantifiable specifications and drawings that can be reasonably inferred and
				  are suited to allow a DB entity to develop a proposal.
"Scoring Tool" - The document used by the individuals
				  evaluating the responses to a solicitation to judge qualifications or otherwise
				  show whether or how well the responses met requirements set forth in the
				  solicitation.
"Single Prime" - A contracting method whereby one contractor
				  provides all subdivisions of the work necessary to complete the construction
				  project. These subdivisions include, but are not limited to, plumbing, heating,
				  ventilating, electrical, fire protection, temperature control, and general
				  work.
"Solicitation" - The document (e.g., IFB or RFP) posted to
				  the Bulletin requesting interested contractors or vendors to submit a bid,
				  offer or proposal for evaluation by the State. An RFI is not considered a
				  solicitation.
"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 ] Specifications include the Standard
				  Documents for Construction, Design and Construction Projects, and Standard
				  Documents for Design-Build Projects Manual for general application and
				  repetitive use, as well as specifications applicable to a specific project
				  which are contained in the Project Manual and drawings.
"Standard Documents for Construction" or "SDC" - The document
				  incorporated and made a part of CDB construction contracts that contains the
				  requirements and obligations of contractors and design professionals and that
				  applies to all CDB projects.
"Standard Documents for Design-Build Projects" - A
				  contractual document that details the role of the A/E on a CDB design-build
				  project and contains standard forms and procedures.
"State" - The State of Illinois, a State agency as defined in
				  the Code, and all officers and employees of the foregoing, as appropriate,
				  collectively or individually.
"Statement of Qualifications" - The information supplied by a
				  vendor in response to an RFP that describes the specific experience and
				  expertise that may qualify the vendor to provide the services requested.
"State Purchasing Officer" or "SPO" - A person appointed by
				  the CPO pursuant to Section 10-10 of the Code and assigned to exercise
				  procurement authority with respect to CDB, at the direction of the CPO.
"State Witness" - An employee of the State who, as part of
				  his or her official duties, is assigned to observe the opening of bids or
				  sealed proposals.
"Subcontract" - A contract between a person and a person who
				  has a contract subject to the Code, pursuant to which the subcontractor
				  provides to the contractor, or, if the contract price exceeds $50,000, another
				  subcontractor, some or all of the goods, services, real property, remuneration,
				  or other monetary forms of consideration that are the subject of the primary
				  contract, including, among other things, subleases from a lessee of a State
				  contract. [30 ILCS
				  500/1-15.107 ]
"Subcontractor" - A person or entity that enters into a
				  contractual agreement with a total value of $50,000 or more with a person or
				  entity who has a contract subject to the Code pursuant to which the person or
				  entity provides some or all of the goods, services, real property,
				  remuneration, or other monetary forms of consideration that are the subject of
				  the primary State contract, including subleases from a lessee of a State
				  contract. [30 ILCS
				  500/1-15.108 ]
"User Agency" - The agency or unit of government for which
				  CDB carries out a construction project.