reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 2000 - SECRETARY OF STATE STANDARD PROCUREMENT › Subpart N - REAL PROPERTY LEASES AND CAPITAL IMPROVEMENT LEASES › Section 2000.4035 - Purchase Options

Current through Register Vol. 48, No. 28, July 12, 2024
a) All
				leases of free standing facilities shall contain an option to purchase
				exercisable by the State.
b)
				Purchase options may be omitted if:
1) The
				lease is with a governmental entity or a not-for-profit entity.
2) The CPO determines that the purchase
				option is not in the State's best interest and publishes his/her written
				determination in the Bulletin.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 2000 - SECRETARY OF STATE STANDARD PROCUREMENT › Subpart N - REAL PROPERTY LEASES AND CAPITAL IMPROVEMENT LEASES › Section 2000.4040 - Lease Administration

Current through Register Vol. 48, No. 28, July 12, 2024
a) Officials or employees of the departments
				for which the CPO will acquire leased space shall at no time, before or after a
				space request is submitted to the CPO or after a lease agreement is made,
				directly or indirectly contact lessors, offerors, or potential offerors for the
				purpose of making oral or written representation or commitments or agreements
				with respect to the terms of occupancy of particular space, tenant
				improvements, alteration and repairs, unless authorized by the CPO.
				Consequently, when it is ascertained by the CPO that an unauthorized contact
				has been made, lease acquisition action may be deferred until its nature and
				impact can be determined. Whenever an unauthorized contact is judged by the
				responsible Secretary of State leasing official to be detrimental to the
				State's interest, further leasing action may be suspended for such time as may
				be required to eliminate or minimize the detrimental impact.
b) Lessors, offerors, or potential offerors,
				or their agents, shall be referred to the appropriate Secretary of State
				office.
c) Departments shall not
				negotiate lease terms, negotiate settlements, withhold rentals, or vacate a
				leased property without the prior approval of the CPO. Departments are
				encouraged to deal with minor landlord/tenant problems (i.e., minor repairs,
				building comfort complaints, etc.) at a local level. Any significant
				difficulties shall immediately be reported to CPO for handling. All problems
				shall be noted on the local level on the forms provided by the CPO for this
				purpose and proper records maintained for use in the event a specific problem
				goes unresolved and further action is required.
d) Each department is responsible for
				budgeting sufficient money in appropriate line items to cover all obligations.
				Payments are to be made by the occupying Department and will not be considered
				the responsibility of the CPO.
e)
				Except when deemed by the CPO to be in the best interest of the State, no
				department may incur rental obligations before occupying the space
				rented.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 2000 - SECRETARY OF STATE STANDARD PROCUREMENT › Subpart N - REAL PROPERTY LEASES AND CAPITAL IMPROVEMENT LEASES › Section 2000.4045 - Emergency Lease Procurement

Current through Register Vol. 48, No. 28, July 12, 2024
Emergency lease procurements may be made pursuant to 44 Ill.
				  Adm. Code
				  2000.2030
				  of this Part.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 2000 - SECRETARY OF STATE STANDARD PROCUREMENT › Subpart N - REAL PROPERTY LEASES AND CAPITAL IMPROVEMENT LEASES › Section 2000.4050 - Area Measurement

Current through Register Vol. 48, No. 28, July 12, 2024
a) To calculate
				rentable area, area measurement will be based on the following standards when
				the State is the exclusive tenant.
1) If the
				State is the exclusive tenant on a single floor of a multi-story building, the
				rentable area will include the entire area within the exterior walls, measured
				to the inside finished surface of the dominant portion of the permanent outer
				building walls, excluding any major vertical penetrations of the floor and
				walls enclosing those penetrations (e.g., elevators, shafts, duct chases, pipe
				chases, and stairways). Public corridors, restrooms, janitor closets, utility
				closets, and machine rooms serving the single floor exclusively will be
				included as rentable area.
2) If
				the State is the exclusive tenant in a one-story building, those areas excluded
				in subsection (a)(1), will be included in the rentable area.
3) If the State is the only tenant in a
				multi-story building, those areas excluded in subsection (a)(1) will be
				included in the rentable area.
4)
				The standards in subsection (d).
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 2000 - SECRETARY OF STATE STANDARD PROCUREMENT › Subpart N - REAL PROPERTY LEASES AND CAPITAL IMPROVEMENT LEASES › Section 2000.4055 - Space Planning Assistance

Current through Register Vol. 48, No. 28, July 12, 2024
The CPO and Property Management will aid departments in the
				  preparation of the initial space layout. When a department requires subsequent
				  space layout assistance, a request for such assistance shall be made to the
				  CPO. The CPO will determine the scope of assistance required and will provide
				  or authorize such service. No contractual space planning is authorized without
				  the CPO's approval.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 2000 - SECRETARY OF STATE STANDARD PROCUREMENT › Subpart N - REAL PROPERTY LEASES AND CAPITAL IMPROVEMENT LEASES › Section 2000.4060 - Space Allowance and Standards

Current through Register Vol. 48, No. 28, July 12, 2024
The CPO will provide space standards that support efficient
				  and cost-effective use of facilities, support flexibility, and provide
				  employees with productive work environments. These space standards dictate the
				  allotment of individual, collaborative, and support space. The planning of
				  office space, size, and layout must be consistent with the standards listed in
				  Appendix A. The Secretary of State's implementation of the space standards must
				  be done in cooperation with the CPO and shall support the needs of the SOS. The
				  CPO space standards are implemented to reduce costs, optimize the State
				  facilities portfolio, and minimize construction costs, while providing
				  employees with better workspaces in which they can collaborate, focus, and
				  serve the citizens of the State of Illinois.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 2000 - SECRETARY OF STATE STANDARD PROCUREMENT › Subpart N - REAL PROPERTY LEASES AND CAPITAL IMPROVEMENT LEASES › Section 2000.4065 - Office Furnishings

Current through Register Vol. 48, No. 28, July 12, 2024
a) Departments
				are expected to exercise restraint in specifying furnishings and equipping
				their offices. All alterations and amenities costs must be fair and
				reasonable.
b) As long as an office
				is in good repair and suitable to the function of the position to which it is
				assigned, personal preferential modifications with a change in occupant are
				discouraged.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 2000 - SECRETARY OF STATE STANDARD PROCUREMENT › Subpart N - REAL PROPERTY LEASES AND CAPITAL IMPROVEMENT LEASES › Section 2000.4070 - Accessibility for Persons with Disabilities

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Each leased facility will, to the extent practicable, be accessible to persons
				with disabilities. Each lease of office space negotiated by SOS must contain
				specifications for accessibility. Exceptions to the specifications will be
				allowed by request of the SOS Department using the space and for legitimate
				reasons only. The CPO may only waive certain specifications at its own
				discretion in accordance with subsection (b).
b) Exceptions may be based upon one or more
				of the following criteria:
1) No other
				suitable location exists within the geographic boundaries required by the
				operation/program at the site.
2)
				No funds are appropriated to cover expenses for:
A) relocation to an accessible
				site;
B) remodeling an existing
				site to achieve accessibility; or
C) construction of a new facility.
3) The operations at the site are
				part of an on-going program that cannot be interrupted or terminated pending
				relocation, remodeling, or new construction.
4) The operations at the site are part of a
				new program that must be implemented without delay to avoid:
A) delay or interruption of vital services;
				or
B) loss of funds associated with
				the program.
5) The
				operations/programs at the site:
A) generate a
				low frequency of public use; or
B)
				provide a low number of job opportunities.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 2000 - SECRETARY OF STATE STANDARD PROCUREMENT › Subpart N - REAL PROPERTY LEASES AND CAPITAL IMPROVEMENT LEASES › Section 2000.4075 - Improvements to Real Property

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Secretary
				of State will rent private space that requires minimal improvements to meet
				State needs. Temporary and permanent improvements may, however, be necessary to
				make the property appropriate for SOS use. When necessary, these improvements
				are an integral part of the lease.
b) Improvements to leasehold property may
				result in the enrichment of the building owner. Unjust enrichment shall be
				avoided and controlled using the following:
1)
				Temporary Improvements
A) Temporary
				improvements are defined as goods and services provided to meet the specific
				physical needs of the department occupying leased space. Temporary improvements
				are those that primarily benefit the tenant although there may be coincidental
				benefits to the lessor after the term of the lease. The value of temporary
				improvements will generally be fully depreciated by the end of the lease.
				Examples of temporary improvements include painting, carpeting, interior
				non-load bearing office partitions, and provision of wiring, lighting, heating,
				and cooling beyond minimal building standards to satisfy needs for electronic
				or scientific equipment or other such reasons.
B) Temporary improvements may be contracted
				for as a provision in a lease, as a lease amendment, or as a separate contract.
				The temporary improvement is integrally related to SOS leasing authority and
				must be approved by the CPO.
C) The
				CPO will approve temporary improvements only upon a showing that the requested
				services and incidental goods are necessary for the operation of the agency and
				are of a quality designed to last for the duration of the lease or some lesser
				period. The CPO may suggest or require alternatives to the temporary
				improvements requested by the department.
D) Payment for temporary improvements may be
				made as an addition to base rent made in monthly installments over the term of
				the lease. If more beneficial, a single additional payment may be made to cover
				the costs of temporary improvements.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 2000 - SECRETARY OF STATE STANDARD PROCUREMENT › Subpart O - PREFERENCES › Section 2000.4505 - 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.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 2000 - SECRETARY OF STATE STANDARD PROCUREMENT › Subpart O - PREFERENCES › Section 2000.4510 - 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)
				The CPO of DCMS shall maintain a list of states with in-state preference that
				shall be consulted in all procurements involving out-of-state
				vendors.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 2000 - SECRETARY OF STATE STANDARD PROCUREMENT › Subpart O - PREFERENCES › Section 2000.4530 - Correctional Industries

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The SPO shall refer to the listing of the supplies or services available from
				the Department of Corrections and shall identify those that must be purchased
				from 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 SPO.
c) Procurement Officers may procure from
				Corrections without seeking competition or giving public notice.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 2000 - SECRETARY OF STATE STANDARD PROCUREMENT › Subpart O - PREFERENCES › Section 2000.4535 - Sheltered Workshops for the Disabled

Current through Register Vol. 48, No. 28, July 12, 2024
a) Use of Sheltered Workshop
The Procurement Officer may determine to contract with a
				  sheltered workshop on the list maintained by the CPO for DCMS, and may do so
				  without notice or competition.
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 supplies
				  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 2000 - SECRETARY OF STATE STANDARD PROCUREMENT › Subpart O - PREFERENCES › Section 2000.4540 - Gas Mileage

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Passenger automobile specifications shall require compliance with minimum gas
				mileage requirements established in Section 45-40 of the Code. Passenger
				automobiles must achieve at least the minimum average fuel economy in miles per
				gallon imposed upon manufacturers of vehicles under Title V of the Motor
				Vehicle Information and Cost Savings Act ( 15 USC 2001 ).
b) Passenger automobiles that do not meet the
				minimum gas mileage requirements may not be procured unless and until the SPO
				makes a written determination that a non-compliant automobile is necessary to
				carry out the function of the agency and the SPO's determination is signed by
				the Secretary of State.
c) If the
				Secretary of State confirms need for the non-compliant passenger automobile,
				that vehicle may be procured. Except in the case of a covert vehicle, notice
				that a non-compliant passenger automobile is being purchased will be placed in
				the Bulletin along with the reasons for such a decision.
d) Passenger automobile does not include
				station wagons, vans, four-wheel drive vehicles, emergency vehicles, or police
				or fire vehicles.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 2000 - SECRETARY OF STATE STANDARD PROCUREMENT › Subpart O - PREFERENCES › Section 2000.4570 - Contracting with Businesses Owned and Controlled by Minorities, Females and Persons with Disabilities

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Introduction
The Business Enterprise Act for Minorities, Females, and
				  Persons with Disabilities [ 30 ILCS 575 ] (Act) sets a goal (minimum 20%) for
				  contracting with businesses owned or controlled by minorities, females, or
				  persons with disabilities.
b) Goal
1)
				The CPO shall establish a goal that at least 20% of the dollar value of State
				contracts be awarded to minority-, female-, and persons with disabilities-owned
				businesses. Of that 20%, 7% shall be for female-owned businesses, 2% for
				businesses owned by persons with disabilities and not-for-profit agencies for
				the disabled, and the remaining 11% for other minority-owned businesses, unless
				these percentages are modified by the Council created under the Act.
2) The goals established in subsection (b)(1)
				may be satisfied, in whole or in part, by counting expenditures made by the
				Secretary of State vendors to subcontractors.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 2000 - SECRETARY OF STATE STANDARD PROCUREMENT › Subpart P - ETHICS › Section 2000.5013 - Conflicts of Interest

Current through Register Vol. 48, No. 28, July 12, 2024
a) An
				individual has a direct pecuniary interest in a contract when the individual is
				owed a payment or otherwise receives a direct financial benefit in conjunction
				with performance of a contract, including finders fees and commission
				payments.
b) Distributable income
				means the income of a company after payment of all expenses, including employee
				salary and bonus, and retained earnings, which is distributed to those entitled
				to receive a share of such 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.
c) This Section does not apply to contracts
				with licensed professionals provided such contracts are competitively bid. For
				purposes of this Section, "bid" means procured pursuant to the competitive
				procedures identified in Subpart E of this Part.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 2000 - SECRETARY OF STATE STANDARD PROCUREMENT › Subpart P - ETHICS › Section 2000.5015 - Negotiations for Future Employment

Current through Register Vol. 48, No. 28, July 12, 2024
a) It is unlawful for any person employed in
				or on a continual contractual relationship with any of the offices or agencies
				of State government to participate in contract negotiations on behalf of that
				office or agency with any firm, partnership, association, or corporation with
				whom that person has a contract for future employment or is negotiating
				concerning possible future employment. [30 ILCS
				500/50-15(a) ]
b) 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" from the effective date of the contract until such time as the
				contract is terminated.
c) 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 individual's 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 2000 - SECRETARY OF STATE STANDARD PROCUREMENT › Subpart P - ETHICS › Section 2000.5020 - Exemptions

Current through Register Vol. 48, No. 28, July 12, 2024
If the Procurement Officer finds a conflict of interest under
				  Section 50-13 of the Code with the vendor selected for award or contract
				  negotiations, the Procurement Officer shall forward to the CPO the name of the
				  vendor and a description of the proposed contract and of the potential
				  conflict, and shall state why an exemption should be granted. The CPO may
				  exempt named individuals from the prohibitions of Section 50-13 of the Code
				  when, in its judgment, the public interest in having the individual in the
				  service of the State outweighs the public policy evidenced in that Section.
				  [30 ILCS 500/50-20
				  ]
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 2000 - SECRETARY OF STATE STANDARD PROCUREMENT › Subpart P - ETHICS › Section 2000.5030 - Revolving Door

Current through Register Vol. 48, No. 28, July 12, 2024
Effective January 15, 1999, the CPO and SPOs shall identify
				  in writing their 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
				  Invitations for Bids and Requests for Proposals, evaluating responses to
				  Invitations for Bids and Requests for Proposals, negotiating contracts and
				  supervising any of the foregoing. They shall maintain their designation for a
				  period of 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 2000 - SECRETARY OF STATE STANDARD PROCUREMENT › Subpart P - ETHICS › Section 2000.5035 - 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 Invitation for Bids or
				Request for Proposals 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) For purposes of:
1) Section 50-35(b) of the Code, "parent
				entity" means a person who owns 100% of the bidding entity.
2) 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 2000 - SECRETARY OF STATE STANDARD PROCUREMENT › Subpart P - ETHICS › Section 2000.5037 - Vendor Registration, Certification and Prohibition on Political Contributions

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Introduction
Illinois law [
				  10 ILCS
				  5/9-35 and 30 ILCS 500/20-160 and 50-37] (the
				  statutes) restricts political contributions by vendors and affiliated entities;
				  requires registration with the State Board of Elections (SBEL); requires a copy
				  of the registration certificate stamped by SBEL (Registration Certificate) to
				  be submitted with bids/proposals and contracts; and requires solicitation and
				  contract certifications relative to the requirements of the law. This Section
				  supplements requirements found in the statutes and does not excuse compliance
				  with any of those requirements.
b) General Registration Requirements
1) These requirements apply to contracts,
				bids and proposals that are subject to the Illinois Procurement Code:
A) Bids/proposals referenced in this Section
				are those submitted in response to a competitive solicitation that is posted to
				the Bulletin on or after January 1, 2009, regardless of the value assigned to
				the procurement.
B) Bids and
				proposals include pending bids and proposals.
C) These requirements generally apply to a
				vendor whose existing State contracts have an aggregate value in excess of
				$50,000, whose aggregate value of bids/proposals for State contracts exceeds
				$50,000, or whose aggregate value of State contracts and bids/proposals exceeds
				$50,000.
D) This value is
				calculated on a calendar-year basis.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 2000 - SECRETARY OF STATE STANDARD PROCUREMENT › Subpart P - ETHICS › Section 2000.5039 - Procurement Communication Reporting Requirement

Current through Register Vol. 48, No. 28, July 12, 2024
a) Unless otherwise specified in this
				Section, any written or oral communication received by a Secretary of State
employee who, by the nature of his or her duties, has the authority to
				participate personally or substantially in the decision to award a State
				contract and that imparts or requests material information or makes a material
				argument regarding potential action concerning an active procurement matter,
				including, but not limited to, an application, a contract or a project, shall
				be reported to the
SOS
Procurement Policy Board.
[
				30 ILCS
				500/50-39(a) ]
1) As soon as practicable, but in no event
				more than 30 days after receipt of the communication or the first in a series
				of related communications described in subsection (b), the Secretary of State
				employee shall report the communication to the SOS Procurement Policy
				Board.
2)
No trade secrets
				or other proprietary or confidential information shall be included in any
				communication reported to the
SOS
Procurement Policy
				Board.
[
				30 ILCS
				500/50-39(b) ]
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 2000 - SECRETARY OF STATE STANDARD PROCUREMENT › Subpart Q - CONCESSIONS › Section 2000.5310 - Concessions

Current through Register Vol. 48, No. 28, July 12, 2024
a) A concession is an
				authorization allowing use of State property for the purpose of making profit,
				including future profit.
b) An
				authorization to allow use of State property by not-for-profit entities is not
				a concession or lease of State property under Article 53 of the Code.
c) Proposed concessions, leases or other uses
				of State property must be coordinated 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 2000 - SECRETARY OF STATE STANDARD PROCUREMENT › Subpart R - COMPLAINTS, PROTESTS AND REMEDIES › Section 2000.5510 - 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 SOS shall take appropriate action to
				initiate a complaint to the vendor or subcontractor.
c) For relatively minor infractions, the SOS
				may initiate contact by telephone or in person. If not resolved by this action,
				a written complaint shall be made.
d) For other infractions, the SOS shall send
				a written complaint to the vendor or subcontractor detailing the problem. For
				complaints regarding contracts established by the CPO for DCMS, a form
				available from the CPO for DCMS shall be used for processing
				complaints.
e) A copy of all
				written complaints and the resolution or status shall be filed with the
				SPO.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 2000 - SECRETARY OF STATE STANDARD PROCUREMENT › Subpart R - COMPLAINTS, PROTESTS AND REMEDIES › Section 2000.5520 - 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 SOS, with one or
				more agencies, or with respect to 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 such
				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 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 SOS. 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 suspensions and debarments. The master list will
				retain information concerning suspensions and debarments as public records.
				Such records will be maintained for a period of at least three years following
				the end of the suspension or debarment. Such public information may be
				considered in determining responsibility.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 2000 - SECRETARY OF STATE STANDARD PROCUREMENT › Subpart R - COMPLAINTS, PROTESTS AND REMEDIES › Section 2000.5530 - Resolution of Contract Controversies

Current through Register Vol. 48, No. 28, July 12, 2024
a) Authority to Resolve Controversies
The Procurement Officer shall have authority to resolve
				  controversies, but the Secretary of State may set limits on such
				  authority.
b) Authority of
				Using Agency
The Procurement Officers have the authority to accept
				  delivery of supplies 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:
1) substituting an alternative specification,
				or
2) reducing the contract price
				by a certain amount to compensate for some failure to provide full performance
				under the contract.
Such proposal must be referred to and approved by the
				  Procurement Officer, but not a designee.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 2000 - SECRETARY OF STATE STANDARD PROCUREMENT › Subpart R - COMPLAINTS, PROTESTS AND REMEDIES › Section 2000.5540 - 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 CPO or the SPO finds that the solicitation or proposed
				  award is in violation of statute or rule, the CPO or the SPO 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 the
				Code or this Part
Contracts based on awards or solicitations that were in
				  violation of law shall be terminated at no cost to the State unless statute or
				  rule allows the State to modify, ratify or take other corrective action.
c) Effect of Declaring a Contract
				Null and Void
In all cases in which a contract is voided, the State 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 2000 - SECRETARY OF STATE STANDARD PROCUREMENT › Subpart R - COMPLAINTS, PROTESTS AND REMEDIES › Section 2000.5550 - Protests

Current through Register Vol. 48, No. 28, July 12, 2024
a) Protest Resolution
				by the Procurement Officer
An actual or prospective bidder, offeror, or vendor 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 to Procurement Officer
Complainants should seek resolution of their complaints
				  initially with the SOS. Such complaints may be made verbally or in
				  writing.
c) Filing of
				Protest
1) Protests shall be made in writing
				to the Procurement Officer, if applicable, and shall be filed within 7 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 7 calendar day period shall not
				be considered. In regard to a protest regarding specifications, the protest
				must be received within 7 calendar days after the date the solicitation was
				issued, and in any event must be received by the State 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 2000 - SECRETARY OF STATE STANDARD PROCUREMENT › Subpart R - COMPLAINTS, PROTESTS AND REMEDIES › Section 2000.5555 - Hearings and Decisions

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The Chief Procurement Officer shall conduct public hearings prior to awarding
				contracts for sole source procurements pursuant to Section 20-25 and before
				extending emergency procurements pursuant to Section 20-30.
b) Notices 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 2000 - SECRETARY OF STATE STANDARD PROCUREMENT › Subpart S - SUPPLY MANAGEMENT AND DISPOSITIONS › Section 2000.6010 - Supply Management and Dispositions

Current through Register Vol. 48, No. 28, July 12, 2024
a) Inventory Responsibility
The SOS shall maintain accountability for tangible personal
				  property and other supplies under its control subject to the requirements of
				  the State Property Control Act [30 ILCS 605 ] and rules implementing that
				  Act.
b) Supply Management
The SOS 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 agency needs. This 12-month inventory restriction does not apply to
				  lifesaving medications, mechanical spare parts, or when a greater quantity is
				  needed to meet minimum order quantities.
c) Inventory
The SOS shall periodically inventory all warehouses and
				  similar storage areas under their jurisdiction.
d) Report of Inventory
The CPO shall be notified periodically of all supplies in
				  excess of the 12 month restriction on inventory.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 2000 - SECRETARY OF STATE STANDARD PROCUREMENT › Subpart T - GOVERNMENTAL JOINT PURCHASING › Section 2000.6500 - 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. This authority is governed by this Subpart and the
				  Governmental Joint Purchasing Act [30 ILCS 525 ].
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 2000 - SECRETARY OF STATE STANDARD PROCUREMENT › Subpart T - GOVERNMENTAL JOINT PURCHASING › Section 2000.6510 - No Agency Relationship

Current through Register Vol. 48, No. 28, July 12, 2024
In any joint procurement situation, the governmental unit
				  must issue its own purchase order, accept its own deliveries and make its own
				  payments. The State of Illinois shall have no obligation to the vendor for
				  payment of orders placed by other governmental units.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 2000 - SECRETARY OF STATE STANDARD PROCUREMENT › Subpart U - MISCELLANEOUS PROVISIONS OF GENERAL APPLICABILITY › Section 2000.7000 - 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 2000 - SECRETARY OF STATE STANDARD PROCUREMENT › Subpart U - MISCELLANEOUS PROVISIONS OF GENERAL APPLICABILITY › Section 2000.7010 - Government Furnished Property

Current through Register Vol. 48, No. 28, July 12, 2024
If the State 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 for return of unused property to the State.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 2000 - SECRETARY OF STATE STANDARD PROCUREMENT › Subpart U - MISCELLANEOUS PROVISIONS OF GENERAL APPLICABILITY › Section 2000.7015 - Inspections

Current through Register Vol. 48, No. 28, July 12, 2024
a) Inspection of Plant
				or Site
The State may enter a vendor'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 vendor or subcontractor pursuant to Section
				2000.7020
				(Records and Audits) of this Part;
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 2000 - SECRETARY OF STATE STANDARD PROCUREMENT › Subpart U - MISCELLANEOUS PROVISIONS OF GENERAL APPLICABILITY › Section 2000.7020 - 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 a State
				  contract, including subcontracts, and that support amounts charged to the
				  State, shall be maintained:
1) by a
				vendor, 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 vendor 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 2000 - SECRETARY OF STATE STANDARD PROCUREMENT › Subpart U - MISCELLANEOUS PROVISIONS OF GENERAL APPLICABILITY › Section 2000.7025 - 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 required to prepare the determination 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 an officer is responsible for the execution of the
				  written determination, other State personnel, particularly technical personnel
				  and appropriate personnel, are responsible for furnishing to the person
				  requesting the audit under Section
				  2000.7020(b),
				  in an accurate and adequate fashion, the information pertinent to the
				  determination. When requested, such information shall be furnished in writing
				  to the person requesting the audit under Section
				  2000.7020(b)
				  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 SPO is authorized to 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 such 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 2000 - SECRETARY OF STATE STANDARD PROCUREMENT › Subpart U - MISCELLANEOUS PROVISIONS OF GENERAL APPLICABILITY › Section 2000.7030 - 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 2600 - STATE BOARD OF ELECTIONS PROCUREMENT RULES › Subpart A - GENERAL › Section 2600.1 - Title

Current through Register Vol. 48, No. 28, July 12, 2024
This Part may be cited as the State Board of Elections
				  Procurement Rules.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 2600 - STATE BOARD OF ELECTIONS PROCUREMENT RULES › Subpart A - GENERAL › Section 2600.5 - Policy

Current through Register Vol. 48, No. 28, July 12, 2024
All procurements by the State Board of Elections (SBEL) 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 2600 - STATE BOARD OF ELECTIONS PROCUREMENT RULES › Subpart A - GENERAL › Section 2600.10 - Application

Current through Register Vol. 48, No. 28, July 12, 2024
a) Several Articles of
				the Illinois Procurement Code [30 ILCS 500 ] (the Code) will be referenced in
				this Part as though applicable to SBEL and all procurements of goods or
				services conducted by SBEL.
b) The
				Code and this Part do not apply to:
1)
				grants;
2) 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;
3) collective
				bargaining contracts;
4) contracts
				necessary to prepare for anticipated litigation or investigations,provided that
				the SBEL Chief Legal Counsel shall give his or her prior approval.
				[30 ILCS 500/1-10
				]
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 2600 - STATE BOARD OF ELECTIONS PROCUREMENT RULES › Subpart A - GENERAL › Section 2600.20 - 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 to an IFB or document, or other offer,
				  confers no right to receive an award or contract, nor does it obligate SBEL in
				  any manner.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 2600 - STATE BOARD OF ELECTIONS PROCUREMENT RULES › Subpart B - PROCUREMENT AUTHORITY › Section 2600.100 - Exercise of Procurement Authority

Current through Register Vol. 48, No. 28, July 12, 2024
a) The CPO shall ensure that all procurements
				of SBEL are in accordance with the Code and this Part and are in the best
				interests of the State.
b) The CPO
				may appoint one or more employees under his direction and supervision to serve
				as an SPO.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 2600 - STATE BOARD OF ELECTIONS PROCUREMENT RULES › Subpart C - PUBLICIZING PROCUREMENT ACTIONS › Section 2600.200 - 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 CMS for
				  inclusion in the appropriate volume of the Bulletin in accordance with rules
				  promulgated by CMS (44 Ill. Adm. Code
				  1.1510
				  ).
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 2600 - STATE BOARD OF ELECTIONS PROCUREMENT RULES › Subpart C - PUBLICIZING PROCUREMENT ACTIONS › Section 2000.205 - 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 SBEL.