reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 500 - PURCHASES AND CONTRACTS › Subpart M - ETHICS › Section 500.1238 - Lead Poisoning Prevention Act Violations

Current through Register Vol. 48, No. 28, July 12, 2024
Owners of residential buildings who have committed a willful
				  or knowing violation of the Lead Poisoning Prevention Act [410 ILCS 45 ] are
				  prohibited from doing business with the State of Illinois or any State agency,
				  or subcontracting, until the violation is mitigated. [30 ILCS
				  500/50-14.5]
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 500 - PURCHASES AND CONTRACTS › Subpart M - ETHICS › Section 500.1240 - Revolving Door Prohibition

Current through Register Vol. 48, No. 28, July 12, 2024
Chief procurement officers, State purchasing officers,
				  procurement compliance monitors, their designees whose principal duties are
				  directly related to State procurement, and executive officers confirmed by the
				  Senate are expressly prohibited for a period of 2 years after terminating an
				  affected position from engaging in any procurement activity relating to the
				  State agency most recently employing them in an affected position for a period
				  of at least 6 months. The prohibition includes but is not limited to: lobbying
				  the procurement process; specifying; bidding; proposing bid, proposal, or
				  contract documents; on their own behalf or on behalf of any firm, partnership,
				  association, or corporation. [30 ILCS
				  500/50-30 ]
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 500 - PURCHASES AND CONTRACTS › Subpart M - ETHICS › Section 500.1250 - Disclosure of Financial Interests and Potential Conflicts of Interest

Current through Register Vol. 48, No. 28, July 12, 2024
a) Requirement for Disclosure
1)
All bids and offers from
				responsive bidders, offerors, vendors, or contractors with an annual value of
				more than $100,000 shall be accompanied by disclosure of the financial
				interests of the bidder, offeror, potential contractor, or contractor and each
				subcontractor to be used. In addition, all subcontracts with an annual value of
				more than $100,000 shall be accompanied by disclosure of the financial
				interests of each subcontractor. The financial disclosure of each successful
				bidder, offeror, potential contractor, or contractor and its subcontractors
				shall be incorporated as a material term of the contract and shall become part
				of the publicly available contract or procurement file maintained by the
				appropriate chief procurement officer. Each disclosure shall be signed and made
				under penalty of perjury by an authorized officer or employee on behalf of the
				bidder, offeror, potential contractor, contractor, or subcontractor.
[30 ILCS 500/50-35(a)  ]
2)
Disclosure shall include any ownership or distributive income share
				that is in excess of 5%, or an amount greater than 60% of the annual salary of
				the Governor, of the disclosing entity or its parent entity, whichever is less,
				unless the bidder, offeror, potential contractor, contractor, or
				subcontractor
:
A)
is a
				publicly traded entity subject to Federal 10K reporting, in which case it may
				submit its 10K disclosure in place of the prescribed disclosure
;
				or
B)
is a privately held
				entity that is exempt from Federal 10K reporting but has more than 100
				shareholders, partners or members, in which case it may submit the information
				that Federal 10K reporting companies are required to report under  17 CFR 229.401  and list the names of any person or entity holding any ownership share
				that is in excess of 5% in place of the prescribed disclosure.
[30
				ILCS 500/50-35(a)  ]
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 500 - PURCHASES AND CONTRACTS › Subpart M - ETHICS › Section 500.1260 - Reporting Anticompetitive Practices

Current through Register Vol. 48, No. 28, July 12, 2024
When, for any reason, any vendor, bidder, offeror,
				  potential contractor, contractor, chief procurement officer, State purchasing
				  officer, designee, elected official, or State employee suspects collusion or
				  other anticompetitive practice among any bidders, offerors, potential
				  contractors, contractors, or employees of the State, a notice of the relevant
				  facts shall be transmitted to the appropriate Inspector General, the Attorney
				  General, and the chief procurement officer.
[
				  30 ILCS
				  500/50-40 ]
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 500 - PURCHASES AND CONTRACTS › Subpart M - ETHICS › Section 500.1265 - Disclosure of Business in Iran

Current through Register Vol. 48, No. 28, July 12, 2024
a)
Each bid or offer submitted for a State contract, other than a small
				purchase shall include a disclosure of whether or not the bidder, offeror, or
				any of its corporate parents or subsidiaries, within the 24 months before
				submission of the bid or offer had business operations that involved contracts
				with or provision of supplies or services to the Government of Iran, companies
				in which the Government of Iran has any direct or indirect equity share,
				consortiums or projects commissioned by the Government of Iran, or companies
				involved in consortiums or projects commissioned by the Government of Iran
				and:
1)
more than 10% of the
				company's revenues produced in or assets located in Iran involve oil-related
				activities or mineral extraction activities; less than 75% of the company's
				revenues produced in or assets located in Iran involve contracts with or
				provision of oil-related or mineral-extraction products or services to the
				Government of Iran or a project or consortium created exclusively by that
				government; and the company has failed to take substantial action;
				or
2)
the company
				has, on or after August 5, 1996, made an investment of $20 million or more, or
				any combination of investments of at least $10 million each that in the
				aggregate equals or exceeds $20 million in any 12-month period, that directly
				or significantly contributes to the enhancement of Iran's ability to develop
				petroleum resources of Iran.
[30 ILCS
				500/50-36 ]
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 500 - PURCHASES AND CONTRACTS › Subpart M - ETHICS › Section 500.1267 - 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, offeror, potential contractor,
				or contractor on a State contract that hires a person required to register
				under the Lobbyist Registration Act 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 500 - PURCHASES AND CONTRACTS › Subpart M - ETHICS › Section 500.1270 - Confidentiality

Current through Register Vol. 48, No. 28, July 12, 2024
Any chief procurement officer, State purchasing
				  officer, designee, executive officer, or State employee who willfully uses or
				  allows the use of specifications, competitive solicitation documents,
				  proprietary competitive information, contracts, or selection information to
				  compromise the fairness or integrity of the procurement or contract process
				  shall be subject to immediate dismissal
[
				  30 ILCS 500/50-45
				  ], regardless of personnel rules, any contract, law or other agreement, and
				  may, in addition, be subject to criminal prosecution.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 500 - PURCHASES AND CONTRACTS › Subpart M - ETHICS › Section 500.1275 - Procurement Communications Reporting Requirement

Current through Register Vol. 48, No. 28, July 12, 2024
a)
Reporting Requirement
1)
Any written or oral communication
				received by a State employee who, by the nature of his or her duties, has the
				authority to participate personally and 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 CPO. These communications do not include the
				following:
A)
statements by a
				person publicly made in a public forum;
B)
statements regarding matters of
				procedure and practice, such as format, the number of copies required, the
				manner of filing, and the status of a matter;
C)
statements made by an OAG employee
				to the Auditor General or other employees of the OAG, or to an employee of
				another State agency who, through the communication, is either
:
i)
exercising his or her experience
				or expertise in the subject matter of the particular procurement in the normal
				course of business, for official purposes, and at the initiation of
				the
OAG;
or
ii)
exercising oversight,
				supervisory, or management authority over the procurement in the normal course
				of business and as part of official responsibilities;
D)
unsolicited
				communications providing general information about products, services, or
				industry best practices before those products or services become involved in a
				procurement matter;
E)
communications received in response to procurement solicitations,
				including, but not limited to, vendor responses to a request for information,
				request for proposal, request for qualifications, invitation for bid, or a
				small purchase, sole source, or emergency solicitation, or questions and
				answers posted to the
Auditor General
Bulletin to supplement
				the procurement action, provided that the communications are made in accordance
				with the instructions contained in the procurement solicitation, procedures, or
				guidelines;
F)
communications that are privileged, protected, or confidential under
				law; and
G)
communications that are part of a formal procurement process as set out
				by statute, rule, or the solicitation, guidelines, or procedures, including,
				but not limited to, the posting of procurement opportunities, the process for
				approving a procurement or its equivalent, fiscal approval, submission of bids,
				the finalizing of contract terms and conditions with an awardee or apparent
				awardee, and similar formal procurement processes.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 500 - PURCHASES AND CONTRACTS › Subpart M - ETHICS › Section 500.1280 - Insider Information

Current through Register Vol. 48, No. 28, July 12, 2024
It is unlawful for any current or former elected or appointed
				  State official or State employee to knowingly use confidential information
				  available only by virtue of that office or employment for actual or anticipated
				  gain for themselves or another person. [30
				  ILCS 500/50-50 ] Any violation of this Section may
				  result in immediate dismissal, regardless of personnel rules, any contract, law
				  or other agreement.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 500 - PURCHASES AND CONTRACTS › Subpart M - ETHICS › Section 500.1285 - Continuing Disclosure; False Certification

Current through Register Vol. 48, No. 28, July 12, 2024
Every person that has entered into a contract for
				  more than one year in duration for the initial term or for any renewal term
				  shall certify, by January 1 of each fiscal year covered by the contract after
				  the initial fiscal year, to the chief procurement officer of any changes that
				  affect its ability to satisfy the requirements of Article
50 of the
				  Code
pertaining to eligibility for a contract award. If a contractor or
				  subcontractor continues to meet all requirements of Article
50 of the
Code, it shall not be required to submit any certification or if the
				  work under the contract has been substantially completed before contract
				  expiration but the contract has not yet expired. If a contractor or
				  subcontractor is not able to truthfully certify that it continues to meet all
				  requirements, it shall provide with its certification a detailed explanation of
				  the circumstances leading to the change in certification status. A contractor
				  or subcontractor that makes a false statement material to any given
				  certification required under Article
50 of the Code
is, in
				  addition to any other penalties or consequences prescribed by law, subject to
				  liability under the Illinois False Claims Act
[ 740 ILCS 175 ]
for submission of a false claim.
[
				  30 ILCS
				  500/50-2 ]
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 500 - PURCHASES AND CONTRACTS › Subpart M - ETHICS › Section 500.1290 - Other Violations

Current through Register Vol. 48, No. 28, July 12, 2024
Any OAG employee who willfully violates or allows the
				  violation of this Part is subject to immediate dismissal, regardless of
				  personnel rules, any contract, law or other agreement.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 500 - PURCHASES AND CONTRACTS › Subpart N - PROTESTS AND REMEDIES › Section 500.1300 - Suspension and Debarment

Current through Register Vol. 48, No. 28, July 12, 2024
a) Application
This Section applies to all debarments or suspensions of
				  vendors from consideration for award of contracts. For purposes of this
				  Section, references to "vendors" includes subcontractors.
b) The CPO may suspend a vendor from doing
				business with the OAG, or from providing specific types of supplies or
				services. A suspension may be issued for cause for a period of up to 10 years
				upon a showing the contractor or subcontractor violated any law governing the
				procurement transaction or this Part, or failed to conform to specifications or
				terms of delivery.
c) When the CPO
				finds cause exists for suspension or debarment, a notice of suspension or
				debarment, including a copy of that determination, shall be sent to the vendor.
				Offers will not be solicited from the vendor and, if received, will not be
				considered during the period of suspension or debarment.
d) The CPO may suspend a vendor for a period
				of time commensurate with the seriousness of the offense, but for no more than
				10 years. The suspension will be effective 7 calendar days after receipt of
				notice unless, an objection is filed. If an objection is filed, the suspension
				shall not become effective until the evaluation of the objection is
				completed.
e) The CPO may debar a
				vendor. Debarment is the permanent suspension of a vendor from doing business
				with the OAG. 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. Offers received from the debarred vendor
				or proposing the use of a debarred subcontractor will not be considered as
				responsive. The debarment will be effective 7 calendar days after receipt of
				notice, unless an objection is filed. If an objection is filed, the debarment
				shall not become effective until the evaluation of the objection is
				completed.
f) The CPO shall post
				the public record of suspensions and debarments that are currently in effect in
				the Auditor General Bulletin.
g) A
				vendor objecting to the suspension or debarment shall do so in writing,
				detailing why the action is not valid and providing any documentation to
				support that position. The vendor may request a hearing. This hearing shall be
				conducted in accordance with Section
				500.1340.
h) The CPO shall maintain a master list of
				all suspensions and debarments. The master list shall retain information
				concerning suspensions and debarments as public records. These records will be
				maintained for a period of at least 3 years following the end of the suspension
				or debarment. This public information may be considered in determining
				responsibility.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 500 - PURCHASES AND CONTRACTS › Subpart N - PROTESTS AND REMEDIES › Section 500.1320 - Violation of Law or Rule

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Determination that Solicitation or Award Violates Law
If the CPO 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 this
				Part
1) If any contract or amendment to a
				contract is entered into or purchase or expenditure of funds is made at any
				time in violation of this Part or any other law, the contract or amendment may
				be declared void by the CPO or may be ratified and affirmed, provided the CPO
				determines that ratification is in the best interests of the OAG. If the
				contract is ratified and affirmed, it shall be without prejudice to the State's
				rights to any appropriate damages.
2) If, during the term of a contract, the OAG
				determines that the contractor is delinquent in the payment of debt as set
				forth in Section
				500.1217 of this
				Part, the OAG may declare the contract void if it determines that voiding the
				contract is in the best interests of the State.
3) If, during the term of a contract, the OAG
				determines that the contractor is in violation of Section
				500.1215
				of this Part, the OAG shall declare the contract void.
4) If, during the term of a contract, the OAG
				learns from an annual certification or otherwise determines that the contractor
				no longer qualifies to enter into State contracts, the CPO may declare the
				contract void if it determines that voiding the contract is in the best
				interests of the State.
5) If,
				during the term of a contract, the CPO learns from an annual certification or
				otherwise determines that a subcontractor subject to this Part no longer
				qualifies to enter into State contracts, the CPO may declare the related
				contract void if it determines that voiding the contract is in the best
				interests of the State. However, the related contract shall not be declared
				void unless the contractor refuses to terminate the subcontract upon the
				State's request after a finding that the subcontractor no longer qualifies to
				enter into State contracts. [30 ILCS
				500/50-60(e) ]
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 500 - PURCHASES AND CONTRACTS › Subpart N - PROTESTS AND REMEDIES › Section 500.1330 - Protests

Current through Register Vol. 48, No. 28, July 12, 2024
a) Procurement-Related
				Protests Allowed
1) Any person may submit a
				protest related to the notice of the procurement, the solicitation document,
				any pre-bid/proposal meeting and any decision to reject a late bid or
				proposal.
2) Any person who has
				submitted a bid or proposal may protest a decision to reject the person's bid
				or proposal or to award to another person.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 500 - PURCHASES AND CONTRACTS › Subpart N - PROTESTS AND REMEDIES › Section 500.1340 - Hearing Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				General
Any hearing required or offered in this Part shall be
				  conducted in accordance with the procedures within this Section.
b) Informal Process
The hearing is for the purpose of receiving information from
				  interested persons in a reasonable manner. Formal rules of evidence will not
				  apply, nor will the hearing be conducted in the manner of a trial. The Hearing
				  Officer may record the hearing to aid in producing minutes or may use the
				  recording as the minutes.
c) Hearing Officers
1) The CPO may appoint one or more Hearing
				Officers to conduct the hearing. If more than one Hearing Officer is assigned
				to conduct a hearing, one shall be designated as the Chief Hearing
				Officer.
2) The Hearing Officer may
				require that the Procurement Officer attend the hearing or be part of the
				Hearing Panel.
3) The Hearing
				Officer will hear and consider information presented by interested persons and
				make a recommendation to the CPO regarding the validity of the determination of
				the subject matter of the hearing.
4) The Hearing Officer shall be responsible
				for the orderly conduct of the hearing by exercising discretion in:
A) Scheduling, starting and ending the
				hearing;
B) Setting the order of
				activities;
C) Setting reasonable
				time limits for oral statements;
D)
				Resolving any conflicts that may arise during the hearing.
5) The Hearing Officer may cancel a hearing
				at any time prior to commencing a hearing, including making an announcement at
				the scheduled hearing date, time and location, but shall give as much advance
				notice as possible under the circumstances. A notice confirming the
				cancellation and any reschedule information will be published in the Auditor
				General Bulletin.
6) The Hearing
				Officer may change a scheduled hearing date, time or location prior to
				commencing a hearing by posting a notice outside the hearing room and by
				posting a notice to the Auditor General Bulletin. The hearing should be
				continued to the next practicable date. In setting the next practicable hearing
				date, the Hearing Officer may take into consideration the schedule of the
				parties, the hardship to witnesses or the general public, travel and logistical
				considerations and any other matters that would affect public participation in
				the hearing.
7) After commencing a
				hearing, the Hearing Officer may reconvene a hearing by announcing the new date
				and time at the hearing and posting the new date and time outside the hearing
				room. The hearing shall be continued to the next practicable date in accordance
				with subsection (c)(6).
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 500 - PURCHASES AND CONTRACTS › Subpart O - GOVERNMENTAL JOINT PURCHASING › Section 500.1400 - 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 (including not-for-profit entities
				  authorized by law to participate in joint purchasing) 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 500 - PURCHASES AND CONTRACTS › Subpart O - GOVERNMENTAL JOINT PURCHASING › Section 500.1410 - 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 not have any 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 500 - PURCHASES AND CONTRACTS › Subpart P - MISCELLANEOUS PROVISIONS OF GENERAL APPLICABILITY › Section 500.1500 - Severability

Current through Register Vol. 48, No. 28, July 12, 2024
If any provision of this Part or any application of it to any
				  person or circumstance is held invalid, that invalidity shall not affect other
				  provisions or applications of this Part that can be given effect without the
				  invalid provision or application, and to this end the provisions of this Part
				  are declared to be severable.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 500 - PURCHASES AND CONTRACTS › Subpart P - MISCELLANEOUS PROVISIONS OF GENERAL APPLICABILITY › Section 500.1510 - Finality of Determinations

Current through Register Vol. 48, No. 28, July 12, 2024
Determinations made by the OAG under this Part are final and
				  conclusive unless they are clearly erroneous, arbitrary, capricious, or
				  contrary to law.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 500 - PURCHASES AND CONTRACTS › Subpart P - MISCELLANEOUS PROVISIONS OF GENERAL APPLICABILITY › Section 500.1520 - Government Furnished Property

Current through Register Vol. 48, No. 28, July 12, 2024
If the OAG 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 500 - PURCHASES AND CONTRACTS › Subpart P - MISCELLANEOUS PROVISIONS OF GENERAL APPLICABILITY › Section 500.1530 - Inspections

Current through Register Vol. 48, No. 28, July 12, 2024
a) Inspection of Plant
				or Site
The OAG may enter a vendor's or subcontractor's plant or
				  place of business to:
1) inspect
				supplies or services for acceptance by the State;
2) audit the books and records of any vendor
				or subcontractor;
3) investigate an
				action to debar or suspend a person from consideration for award of contracts
				pursuant to this Part;
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) accomplishing any other purpose permitted
				by law.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 500 - PURCHASES AND CONTRACTS › Subpart P - MISCELLANEOUS PROVISIONS OF GENERAL APPLICABILITY › Section 500.1540 - Records and Audits

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Retention of Books and Records
1) Books and
				records that relate to performance of a State contract, including subcontracts,
				and that support amounts charged to the State, shall be maintained:
A) by a contractor, for a period of three
				years from the later of the date of final payment under the prime contract or
				completion of the contract;
B) by a
				subcontractor, for a period of three years from the later of the date of final
				payment under the subcontract or completion of the subcontract; and
C) by a contractor and subcontractor for such
				longer period of time as is necessary to complete ongoing or announced audits.
				The three year period shall be extended for the duration of any audit in
				progress at the time of that period's expiration.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 500 - PURCHASES AND CONTRACTS › Subpart P - MISCELLANEOUS PROVISIONS OF GENERAL APPLICABILITY › Section 500.1545 - Taxes, Licenses, Assessments and Royalties

Current through Register Vol. 48, No. 28, July 12, 2024
a) The contractor shall pay all current and
				applicable city, county, State and federal taxes, licenses or assessments,
				including federal excise taxes, due on the performance of any contract,
				including, without limiting the foregoing, those required by the Federal
				Insurance Contribution Act (
				26
				USC 3101 et seq.), the Federal Unemployment
				Tax Act (
				26
				USC 3301 et seq.) and the State Unemployment
				Insurance Act [820 ILCS 405 ], together with all royalties due for any
				proprietary items. The contractor is exclusively liable for the payment of
				taxes to the respective governments. In the event the taxes, licenses,
				assessments or royalties, or any part thereof, are in the first instance
				charged to the OAG, the contractor shall, upon timely demand of the OAG, pay
				the OAG the amount of the tax, license, assessment or royalty due, plus all
				penalties that may have accrued.
b)
				The OAG is exempted by Section 3-5 of the Use Tax Act [35 ILCS
				105/3-5 ] from paying any of the taxes imposed by that
				Act, and sales to the OAG are exempt by Section 2-5(11) of the Retailers'
				Occupation Tax Act [35 ILCS
				120/2-5(11) ] from any of the taxes
				imposed by that Act. The OAG will provide its exemption numbers to vendors in
				order to receive an exemption from tax when making purchases of tangible
				personal property. Contractors making purchases from vendors of tangible
				personal property that will be incorporated into real estate owned by the OAG
				must present vendors with the OAG's exemption number and other required
				documentation in order to receive an exemption from tax.
c) Offerors must not include in their prices
				any allowance for payment under Federal Excise Tax if the OAG is exempt from
				those taxes. If an order or contract is awarded for the purchase of an item
				that is subject to Federal Excise Tax, the OAG will furnish the vendor with an
				exemption certificate upon request.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 500 - PURCHASES AND CONTRACTS › Subpart P - MISCELLANEOUS PROVISIONS OF GENERAL APPLICABILITY › Section 500.1550 - 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 530 - JOINT RULES OF THE BOARD OF REGENTS, THE BOARD OF GOVERNORS OF STATE COLLEGES AND UNIVERSITIES, THE BOARD OF TRUSTEES OF THE UNIVERSITY OF ILLINOIS, AND THE BOARD OF TRUSTEES OF SOUTHERN ILLINOIS UNIVERSITY: PROCUREMENT AND BIDDING (REPEALED)

Current through Register Vol. 48, No. 28, July 12, 2024
This Part was a joint rule of the Board of Regents, the Board
				of Governors of State Colleges and Universities, the Board of Trustees of the
				University of Illinois, and the Board of Trustees of Southern Illinois
				University. Public Act 89-4, effective January 1, 1996, reorganized the
				governing boards of Illinois public universities into individual boards of
				trustees. These boards are subject to 44 Ill. Adm. Code
				526.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 535 - JOINT RULES OF THE BOARD OF REGENTS, THE BOARD OF GOVERNORS OF STATE COLLEGES AND UNIVERSITIES, THE BOARD OF TRUSTEES OF THE UNIVERSITY OF ILLINOIS, AND THE BOARD OF TRUSTEES OF SOUTHERN ILLINOIS UNIVERSITY: PROCUREMENT AND BIDDING (REPEALED)

Current through Register Vol. 48, No. 28, July 12, 2024
This Part was a joint rule of the Board of Regents, the Board
				of Governors of State Colleges and Universities, the Board of Trustees of the
				University of Illinois, and the Board of Trustees of Southern Illinois
				University. Public Act 89-4, effective January 1, 1996, reorganized the
				governing boards of the Illinois public universities into individual boards of
				trustees. These boards are subject to 44 Ill. Adm. Code
				526.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 540 - JOINT RULES OF THE BOARD OF REGENTS, THE BOARD OF GOVERNORS OF STATE COLLEGES AND UNIVERSITIES, THE BOARD OF TRUSTEES OF THE UNIVERSITY OF ILLINOIS, AND THE BOARD OF TRUSTEES OF SOUTHERN ILLINOIS UNIVERSITY: PROCUREMENT AND BIDDING (REPEALED)

Current through Register Vol. 48, No. 28, July 12, 2024
This Part was a joint rule of the Board of Regents, the Board
				of Governors of State Colleges and Universities, the Board of Trustees of the
				University of Illinois, and the Board of Trustees of Southern Illinois
				University. Public Act 89-4, effective January 1, 1996, reorganized the
				governing boards of the Illinois public universities into individual boards of
				trustees. These boards of trustees are subject to 44 Ill. Adm. Code
				526.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 610 - PLUGGING AND RESTORATION CONTRACTS › Subpart A - GENERAL PROVISIONS › Section 610.110 - Incorporation of rules

Current through Register Vol. 48, No. 28, July 12, 2024
The Department hereby adopts the CMS Standard Procurement
				  Rules. Inasmuch as the rules of this Part may differ, however, the rules of
				  this Part shall govern.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 610 - PLUGGING AND RESTORATION CONTRACTS › Subpart A - GENERAL PROVISIONS › Section 610.120 - Prequalification of Bidders

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The Department shall maintain a list of prequalified bidders for Standard
				Emergency and Salvage Plugging contracts. A vendor on the bid list shall be
				presumed to be a responsible bidder.
b) Any vendor not on the bid list may be
				determined to be a responsible bidder for a particular project if at the time
				of contract award the vendor meets the criteria for prequalification set out
				under this Section, including having submitted a complete request for placement
				on the bid list as provided herein.
c) Any vendor may request at any time to be
				prequalified and placed on the bid list by completing a request on a form
				prescribed by the Department and signing the written request. If the vendor is
				a business entity, such as a corporation, the request must be signed by a
				person authorized to enter into contracts on behalf of that entity.
d) The request shall contain the following
				information:
1) A summary of the vendor's
				plugging and restoration experience, including a description of the five most
				recent plugging and restoration projects the vendor has performed and the names
				and addresses of the persons or entities for whom the vendor performed such
				work. If the vendor has not performed five such projects, then the vendor shall
				so state.
2) All plugging and
				restoration equipment the vendor owns. If the vendor does not own all the
				equipment that may be generally needed on a plugging and restoration project
				the vendor must state from whom and under what arrangement, e.g. by lease, the
				vendor shall obtain the necessary equipment.
3) The location of the vendor's home office,
				from which all applicable mileage is to be calculated.
4) Certifications as required by Illinois law
				for any contract with the State of Illinois.
5) If a business entity, the vendor shall
				also identify the principal owners and officers of the vendor and the nature of
				the vendor's organization, for instance whether it is incorporated. If the
				vendor is a corporation the vendor must identify the state in which it is
				incorporated, if incorporated in Illinois whether it is presently in good
				standing with the Secretary of State's office, and if incorporated in another
				state whether it is currently authorized to do business in Illinois.
6) The vendor's Federal Taxpayer
				Identification Number.
7) Whether
				there is currently a Director's Decision of the Department outstanding against
				the vendor, under which the vendor is currently in violation of any law or
				regulation administered by the Department, and if so what violations and the
				date on which the violations shall be abated.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 610 - PLUGGING AND RESTORATION CONTRACTS › Subpart B - STANDARD PROJECTS › Section 610.210 - Scope

Current through Register Vol. 48, No. 28, July 12, 2024
A Standard PRF Project may include one or more particular
				  wells to be plugged and sites to be restored; a single leasehold on which all
				  wells are to be plugged, well sites to be restored and lease site to be
				  restored; or several lease sites on which all wells are to be plugged, well and
				  lease sites to be restored.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 610 - PLUGGING AND RESTORATION CONTRACTS › Subpart B - STANDARD PROJECTS › Section 610.220 - Work to be performed

Current through Register Vol. 48, No. 28, July 12, 2024
The Department shall have the discretion to determine what
				  plugging and restoration work shall be done under any particular project and
				  may reserve the authority to modify the work to be performed during the course
				  of the project.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 610 - PLUGGING AND RESTORATION CONTRACTS › Subpart B - STANDARD PROJECTS › Section 610.230 - Invitation for Bids

Current through Register Vol. 48, No. 28, July 12, 2024
Based on the nature of the particular project, the
				  information available regarding the wells to be plugged, and all other relevant
				  criteria, the Department may in its discretion seek bids on a particular
				  project either on the basis of a single price for completion of the entire
				  project or on the basis of itemized prices for the various services and
				  equipment necessary for completion of the project, or both.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 610 - PLUGGING AND RESTORATION CONTRACTS › Subpart B - STANDARD PROJECTS › Section 610.240 - Notification of Vendors

Current through Register Vol. 48, No. 28, July 12, 2024
Vendors currently on the Department's prequalified bid list
				  shall receive a copy of the IFB. The Department shall also notify the public by
				  posting a notice in the state newspaper as provided in the Department of
				  Central Management Services standard procurement rules. Any vendor, whether or
				  not on the bid list, may upon specific request by the vendor receive a copy of
				  a particular IFB.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 610 - PLUGGING AND RESTORATION CONTRACTS › Subpart B - STANDARD PROJECTS › Section 610.250 - Content of the Invitation for Bids

Current through Register Vol. 48, No. 28, July 12, 2024
The IFB shall contain the following information:
a) The location of the wells to be
				plugged.
b) The work to be
				performed at each well and lease site.
c) The manner in which a vendor must make its
				bid or proposal.
d) The date, time
				and place where the bids or proposals are to be opened.
e) Whether the vendor must itemize unit
				prices.
f) The terms that the
				Department intends to incorporate into the ultimate contract for completion of
				the project, including any insurance and performance bond
				requirements.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 610 - PLUGGING AND RESTORATION CONTRACTS › Subpart B - STANDARD PROJECTS › Section 610.260 - Evaluation of Bids

Current through Register Vol. 48, No. 28, July 12, 2024
Bids shall be evaluated on the basis either of the price bid
				  for the entire project or the unit prices, whichever is applicable. Where
				  proposed unit prices are solicited, such as for bags of cement and hours of rig
				  time, the Department shall evaluate each bid on the basis of the anticipated
				  number of units to complete a given well plugging and lease site restoration in
				  determining which proposal offers the lowest expected price. The responsible
				  vendor proposing the lowest expected price shall be determined as offering the
				  best responsible proposal.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 610 - PLUGGING AND RESTORATION CONTRACTS › Subpart B - STANDARD PROJECTS › Section 610.270 - Negotiation

Current through Register Vol. 48, No. 28, July 12, 2024
After determining the best bid the Department shall attempt
				  to negotiate a contract with the vendor making such bid. Where the Department
				  is unable to satisfactorily negotiate a contract with the vendor offering the
				  best bid the Department may attempt to negotiate a contract with the vendor
				  offering the next best bid.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 610 - PLUGGING AND RESTORATION CONTRACTS › Subpart B - STANDARD PROJECTS › Section 610.280 - Contract terms

Current through Register Vol. 48, No. 28, July 12, 2024
The contract shall be explicitly made in compliance with all
				  applicable State laws and rules, including the CMS standard procurement rules
				  not superceded by these rules, and shall contain provisions required by such
				  laws and rules and any additional terms to which the parties have
				  agreed.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 610 - PLUGGING AND RESTORATION CONTRACTS › Subpart C - EMERGENCY PLUGGING AND RESTORATION PROJECTS › Section 610.300 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
This Subpart applies to Emergency Clean-up Projects,
				  Emergency Repair Work and Emergency Well Plugging Projects.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 610 - PLUGGING AND RESTORATION CONTRACTS › Subpart C - EMERGENCY PLUGGING AND RESTORATION PROJECTS › Section 610.310 - Scope

Current through Register Vol. 48, No. 28, July 12, 2024
An emergency project may include the clean-up or remediation
				  of conditions occurring at crude oil production facilities endangering public
				  health or safety or contaminating surface or ground waters or the surface of
				  the land; repair work to contain leaking produced fluid from wells, tanks,
				  pits, or containment dikes; or plugging of leaking wells endangering the
				  environment or public health and safety.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 610 - PLUGGING AND RESTORATION CONTRACTS › Subpart C - EMERGENCY PLUGGING AND RESTORATION PROJECTS › Section 610.320 - Work to be performed

Current through Register Vol. 48, No. 28, July 12, 2024
The Department shall have the discretion to determine what
				  Clean-up, Repair Work or plugging and restoration work shall be done under any
				  particular project covered by this Subpart and may reserve the authority to
				  modify the work to be performed during the course of the
				  project.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 610 - PLUGGING AND RESTORATION CONTRACTS › Subpart C - EMERGENCY PLUGGING AND RESTORATION PROJECTS › Section 610.330 - Contracts for Individual Emergency Projects

Current through Register Vol. 48, No. 28, July 12, 2024
a) If the Department has not established a
				regional contract under Section
				605.340
				of this Part to cover the region wherein a particular emergency project is
				located, then the Department may award a contract for that emergency project
				pursuant to the requirements of this Section.
b) The Department may obtain a contract for
				an individual emergency project by direct negotiation. For such contracts the
				Department may restrict negotiations to a vendor on the bid list that has its
				home office in the county where the project is to be located, or where there
				are no such vendors to the vendor whose home office is located in a county
				nearest to the county where the project is to be located.
c) Where the Department is unable to
				negotiate a satisfactory contract with the nearest vendor as determined under
				subsection (b) above the Department may choose to negotiate a contract directly
				with the next nearest vendor on the bid list.
d) The provisions of this Section are not
				intended to limit the Department's authority to choose to solicit competitive
				bids or proposals from all vendors on the bid list where the exigencies of the
				emergency allow.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 610 - PLUGGING AND RESTORATION CONTRACTS › Subpart C - EMERGENCY PLUGGING AND RESTORATION PROJECTS › Section 610.340 - Regional Contracts

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The Department may award a contract for all emergency projects arising within a
				particular geographical region and within a particular period of time. Such
				regional contracts shall be bid out by means of an IFB submitted to all vendors
				on the bid list.
b) After
				determining the best proposal the Department shall attempt to negotiate a
				contract with the vendor making such bid.
c) The IFB shall contain the following
				information:
1) The counties to be covered by
				the proposed regional contract.
2)
				The work generally to be performed under each emergency well plugging project
				and each emergency remedial work project.
3) The manner in which a vendor must make its
				proposal.
4) The date, time and
				place where the proposals are to be opened.
5) The terms that the Department intends to
				incorporate into the ultimate contract for completion of the project.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 610 - PLUGGING AND RESTORATION CONTRACTS › Subpart C - EMERGENCY PLUGGING AND RESTORATION PROJECTS › Section 610.350 - Contract terms

Current through Register Vol. 48, No. 28, July 12, 2024
The contract shall be explicitly made in compliance with all
				  applicable state laws and rules, including the CMS Standard Procurement Rules
				  not superceded by these rules, and shall contain provisions required by such
				  laws and rules and any additional terms to which the parties have
				  agreed.