reglab/statecodes huggingface dataset:
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 2600.210 - Direct Solicitation

Current through Register Vol. 48, No. 28, July 12, 2024
In addition to giving notice in the Bulletin, SBEL may
				  directly contact prospective vendors by providing copies of Invitations for
				  Bids, Requests for Proposals, or other procurement information. Direct
				  solicitation may be oral or in writing and all vendors solicited in this manner
				  must receive the same information as that provided by publication. No direct
				  solicitation shall be made prior to the date any required notice first appears
				  in the Bulletin.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 2600 - STATE BOARD OF ELECTIONS PROCUREMENT RULES › Subpart D - SOURCE SELECTION AND CONTRACT FORMATION › Section 2600.305 - Competitive Sealed Bidding

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Invitation for Bids must include the
				following elements: the time and date set for receipt of bids, the address of
				the office to which bids are to be delivered, the maximum time for bid
				acceptance by SBEL, the purchase description, evaluation factors, delivery or
				performance schedule, any inspection and acceptance requirements not included
				in the purchase description, and the contract terms and conditions, including
				warranty and bonding or other security requirements.
b) The Invitation for Bids may incorporate
				documents by reference provided that the Invitation for Bids specifies where
				the documents can be obtained.
c)
				Bidder Submissions
1) Bid Form. The
				Invitation for Bids may include a form or format for submitting bids. If a form
				or format is specified, vendor shall submit bids as instructed. The invitation
				for bids shall be available to the public.
2) Bid Samples and Descriptive Literature.
				SBEL may require bid samples or descriptive literature in order to evaluate
				required characteristics of the items bid. Any unsolicited bid samples or
				descriptive literature is submitted at the bidder's risk, may not be examined
				or tested, will not be deemed to vary any of the provisions of the Invitation
				for Bids, and may not be utilized by the vendor to contest a decision or
				understanding with SBEL.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 2600 - STATE BOARD OF ELECTIONS PROCUREMENT RULES › Subpart D - SOURCE SELECTION AND CONTRACT FORMATION › Section 2600.310 - Competitive Sealed Proposals

Current through Register Vol. 48, No. 28, July 12, 2024
a) Competitive Sealed Proposals, as opposed
				to Competitive Sealed Bidding, may be used whenever permitted by the Code and
				as described in this Part.
b) The
				Competitive Sealed Proposal method of source selection may be used to procure
				the following categories (note that the following services, if they are
				professional and artistic, must be procured pursuant to Section
				2600.330
				):
1) electronic data processing equipment,
				software, and services;
2)
				telecommunications equipment, software, and services;
3) consulting services; and
4) employee benefits and management of those
				benefits.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 2600 - STATE BOARD OF ELECTIONS PROCUREMENT RULES › Subpart D - SOURCE SELECTION AND CONTRACT FORMATION › Section 2600.315 - Small Purchases

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				This Section is applicable to procurements of $25,000 or less for professional
				and artistic services or supplies and $30,000 or less for construction. If only
				a unit price or hourly rate is known, the contract shall be considered a small
				purchase and this Section shall apply. Each July 1, the small purchase maximum
				shall be adjusted for inflation as determined by the Consumer Price Index for
				all Urban Consumers as determined by the United States Department of Labor and
				rounded to the nearest $100.
b) In
				determining whether a contract is under the limit, the value of the contract
				for the full term and all optional renewals, determined in good faith, shall be
				utilized. The stated value of the supplies or services, plus any optional
				supplies and services, shall be utilized. Where the term is calculated
				month-to-month or in a similar fashion, the amount shall be calculated for a 12
				month period.
c) If, after signing
				the contract, the actual cost of completing the contract is determined to
				exceed the small purchase amount, and the Procurement Officer determines that a
				supplemental procurement is not economically feasible or practicable because of
				the immediacy of the agency's needs or other circumstances, the Procurement
				Officer must follow the procedures for sole source or emergency procurement,
				whichever is applicable, to complete the contract.
d) Procurement requirements shall not be
				artificially divided to avoid using the other source selection methods set
				forth in Section 20-5 of the Illinois Procurement Code.
e) If there is a repetitive need for small
				procurements of the same type, the Procurement Officer shall consider issuing a
				competitive sealed bid or proposal for procurement of those needs.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 2600 - STATE BOARD OF ELECTIONS PROCUREMENT RULES › Subpart D - SOURCE SELECTION AND CONTRACT FORMATION › Section 2600.320 - Sole Economically Feasible Source Procurement

Current through Register Vol. 48, No. 28, July 12, 2024
a) The provisions of this Section apply to
				procurement from a sole economically feasible source (referred to as sole
				source) unless the estimated amount of the procurement meets the definition of
				a small purchase or an emergency procurement as defined this Part.
b) The determination as to whether a
				procurement shall be made as a sole source shall be made by the CPO or his
				designee. The determination and the basis for the determination shall be in
				writing and shall include an explanation as to why no other vendor will be
				suitable or acceptable to meet the need.
c) Sole source procurement is permissible
				when a requirement is available from only a single supplier or when only one
				supplier is deemed economically feasible. A requirement for a particular
				proprietary item does not justify a sole source procurement if there is more
				than one potential bidder or offeror authorized to provide that item. The
				following are examples of circumstances that could necessitate sole source
				procurement:
1) where the compatibility of
				equipment, accessories, replacement parts, or service is a paramount
				consideration;
2) where a sole
				supplier's items are needed for trial use or testing;
3) where a sole supplier's item is to be
				procured for commercial resale;
4)
				where public utility regulated services are to be procured;
5) where the item is copyrighted or patented
				and the item or service is not available except from the holder of the
				copyright or patent;
6) the
				procurement of the media for advertising; and
7) the procurement of art or entertainment
				services.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 2600 - STATE BOARD OF ELECTIONS PROCUREMENT RULES › Subpart D - SOURCE SELECTION AND CONTRACT FORMATION › Section 2600.325 - Emergency Procurements

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The provisions of this Part apply to every procurement over the small purchase
				limit as defined in Section
				2600.315 that is
				not a sole source procurement as defined in Section
				2600.320
				made under emergency, including quick purchase, conditions.
b) This Section may be used to extend an
				existing contract for such period of time as is needed to conduct a competitive
				method of source selection when terminating or allowing the contract to
				terminate would not be advantageous to the State.
c) Any method of source selection, whether or
				not identified in this Part, may be used to conduct the procurement in
				emergency situations. The procedure used shall be selected to assure that the
				required items are procured in time to meet the emergency. Such competition as
				is practicable shall be obtained.
d) The Procurement Officer shall make a
				written determination stating the basis for an emergency procurement and for
				the selection of the particular vendor. Record of the basis for the emergency
				must be retained.
e) An affidavit
				of each emergency procurement shall be filed with the Auditor General within 10
				days after the procurement and shall include the vendor's name, the amount and
				type of the contract, a description of the vendor's responsibilities, and the
				basis for using the emergency procurement procedure.
f) Notice of the emergency procurement shall
				be published in the Bulletin in accordance with Subpart C of this
				Part.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 2600 - STATE BOARD OF ELECTIONS PROCUREMENT RULES › Subpart D - SOURCE SELECTION AND CONTRACT FORMATION › Section 2600.330 - Competitive Selection Procedures for Professional and Artistic Services

Current through Register Vol. 48, No. 28, July 12, 2024
a) The provisions of
				this Section apply to every procurement of professional and artistic services,
				except as otherwise provided in this Part.
b) If the professional or artistic contract
				is with a firm or other business entity, the individuals whose education,
				experience and technical ability provided the basis on which the firm or other
				business entity was selected must meet the qualifications.
c) Except as authorized under Section 20-25
				(Sole Source Procurement) or Section 20-30 (Emergency Procurements) of the
				Code, these competitive selection procedures shall be used for all procurements
				of professional and artistic services of $25,000 or more or as otherwise
				established in Section 20-20 of the Code.
d) The CPO may use the list of prequalified
				professional and artistic vendors maintained by CMS pursuant to 44 Ill. Adm.
				Code
				1.2045.
e) Notice of the need for professional and
				artistic services shall be made by the Procurement Officer in the form of a
				Request for Proposals and must be given as provided in Section
				2600.200
				and published in the Procurement Bulletin. Notice shall also be distributed to
				prequalified persons interested in performing the services required by the
				proposed contract.
f) The Request
				for Proposals shall be in the form specified by the CPO or his or her designee
				and must be returned to and handled by the CPO or his or her designee. It must
				comply with the Invitation for Bids requirements found in Section
				2600.305.
g) Proposals shall be evaluated only on the
				basis of evaluation factors stated in the Request for Proposals. Price will not
				be evaluated until ranking of all proposals and identification of the most
				qualified vendor. The relative importance of the evaluation factors will vary
				according to the type of services being procured. The minimum factors are:
1) the plan for performing the required
				services;
2) ability to perform the
				services as reflected by technical training and education, general experience,
				specific experience in providing the required services, and the qualifications
				and abilities of personnel proposed to be assigned to perform the
				services;
3) the personnel,
				equipment, and facilities to perform the services are currently available or
				demonstrated to be made available at the time of contracting; and
4) a record of past performance of similar
				work.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 2600 - STATE BOARD OF ELECTIONS PROCUREMENT RULES › Subpart D - SOURCE SELECTION AND CONTRACT FORMATION › Section 2600.335 - Other Methods of Source Selection

Current through Register Vol. 48, No. 28, July 12, 2024
a) An award of a definite quantity
				requirement may be split between bidders or offerors. Each portion shall be for
				a definite quantity and the sum of the portions shall be the total definite
				quantity required. A split award may be used only when award to more than one
				bidder or offeror for different amounts of the same item is necessary to obtain
				the total quantity or the required delivery. The Procurement Officer shall make
				a written determination setting forth the reasons for the split award and
				retain it in the procurement file.
b) The Procurement Officer may choose to use
				a term and condition contract when necessary to purchase assets that precede a
				procurement. A term and condition contract contains agreed contractual terms
				and conditions established for the convenience of the parties to be used in
				conjunction with a subsequent procurement and processed in accordance with the
				requirements of the Code and this Part. A term and condition contract is not a
				procurement. It creates no obligation on the part of SBEL to procure from the
				vendor. Orders may be placed against term and condition contracts without use
				of any prescribed method of source selection for convenience of processing sole
				source, emergency or small procurements.
c) Purchases may be made at auction in
				accordance with the procedural requirements applicable to the particular
				auction. Notice and competition is not required and the amount payable shall be
				the amount bid and accepted plus any required buyer's premium.
d) The Procurement Officer must ensure that
				SBEL complies with federal requirements that are necessary to receive or
				maintain any federal aid funds, grants or loans, and may not contravene SBEL's
				reimbursement provisions in 26 Ill. Adm. Code
				204.50(e).
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 2600 - STATE BOARD OF ELECTIONS PROCUREMENT RULES › Subpart D - SOURCE SELECTION AND CONTRACT FORMATION › Section 2600.340 - Tie Bids and Proposals

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				This Section is applicable when bids or proposals from responsive and
				responsible vendors are identical in price or evaluation and represent the low
				price.
b) In case of a tie bid, the
				procurement will be awarded based on consideration of the following factors, in
				no particular order: Illinois resident vendor status, experience in contracting
				with the State, vendor quality and delivery time.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 2600 - STATE BOARD OF ELECTIONS PROCUREMENT RULES › Subpart D - SOURCE SELECTION AND CONTRACT FORMATION › Section 2600.345 - Mistakes

Current through Register Vol. 48, No. 28, July 12, 2024
a) When the Procurement
				Officer becomes aware that a mistake has been made, he or she shall request the
				vendor to confirm the information. Situations in which confirmation should be
				requested include obvious or apparent errors on the face of the document or a
				price unreasonably lower than the others submitted. If the vendor alleges a
				mistake, the bid or proposal may be corrected or withdrawn if the conditions
				set forth in this Section, as applicable, are met.
b) Mistakes in Bids Discovered After Opening
				but Before Award
1) Minor Informalities. A
				minor informality or irregularity is one that is a matter of form or pertains
				to some immaterial or inconsequential defect or variation of a bid from the
				exact requirement of the Invitation for Bids, the correction or waiver of which
				would not be prejudicial to the State (i.e., the effect on price, quality,
				quantity, delivery, or contractual conditions is negligible). The Procurement
				Officer shall waive such informalities or allow the bidder to correct them
				depending on which is in the best interest of SBEL.
2) Mistakes in which Intended Correct Bid Is
				Evident. If the mistake and the intended correct bid are clearly evident on the
				face of the bid document, the bid shall be corrected to the intended correct
				bid and may not be withdrawn.
3) A
				bidder may be permitted to withdraw a low bid due to mistake if the mistake is
				clearly evident on the face of the bid document but the intended correct bid is
				not similarly evident or the bidder submits proof of evidentiary value that
				clearly demonstrates that a mistake was made.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 2600 - STATE BOARD OF ELECTIONS PROCUREMENT RULES › Subpart D - SOURCE SELECTION AND CONTRACT FORMATION › Section 2600.350 - Cancellation of Solicitations; Rejection of Bids or Proposals

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any solicitation may
				be canceled when the Procurement Officer believes cancellation to be in SBEL's
				best interest. Nothing shall compel the award of a contract. This Section shall
				govern any such cancellations.
b)
				When a solicitation is canceled prior to opening, notice of cancellation shall
				be sent to all businesses that responded to the solicitation. The notice of
				cancellation shall identify the solicitation, explain the reason for
				cancellation and explain whether another solicitation on the subject matter
				will be necessary. The notice of cancellation shall be placed in the
				procurement file.
c) Cancellation
				of Solicitation; Rejection of All Bids or Proposals After Opening
1) After opening but prior to award, a
				solicitation may be canceled in whole or in part when the Procurement Officer
				determines in writing that such action is in the State's best interest for
				reasons including, but not limited to, elimination of the need for the
				requested supplies or service, inability to fund the procurement, a change in
				circumstances that requires an alteration in the procurement plan, there is
				evidence the bids are collusive, or the bids are at clearly unreasonable
				prices.
2) When the solicitation is
				canceled or when all bids or proposals are rejected, all vendors who submitted
				bids or proposals shall be sent a notice, upon request, informing them of the
				reasons for the cancellation or rejection.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 2600 - STATE BOARD OF ELECTIONS PROCUREMENT RULES › Subpart E - SUPPLIERS AND RESPONSIBILITY › Section 2600.400 - Suppliers

Current through Register Vol. 48, No. 28, July 12, 2024
a) SBEL may contract
				with any qualified source of supply not limited to those found to be qualified
				by CMS pursuant to 44 Ill. Adm. Code
				1.2045.
b) Special Sources
1) Prior to any equipment procurement, SBEL
				may consider property available from the State and Federal Surplus Warehouses,
				which are under the jurisdiction of CMS. The State Property Control Act
				[30 ILCS 605/7a
				] requires that surplus furniture be considered before any purchase of new
				furniture valued at $500 or more per piece. SBEL may use any prequalified
				bidder list maintained by CMS and avail itself of the standards for
				qualification found at 44 Ill. Adm. Code
				1.2045
				and
				1.2046.
2) Various supplies and services are
				available from qualified workshops for the disabled and procurement from these
				workshops is encouraged. Notice and competition is not required pursuant to
				Section 45-35 of the Code.
3)
				Various supplies and services are available from State agencies and other
				governmental units. These may be procured without notice and
				competition.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 2600 - STATE BOARD OF ELECTIONS PROCUREMENT RULES › Subpart E - SUPPLIERS AND RESPONSIBILITY › Section 2600.405 - Responsibility

Current through Register Vol. 48, No. 28, July 12, 2024
a) Contracts are to be
				made only with responsible vendors unless no responsible vendor is available to
				meet the State's needs. If there is doubt about responsibility, and if a bond
				or other security would adequately protect the State's interests, then that
				vendor may be awarded a contract upon receipt of the bond or other security.
				SBEL may use any prequalified bidder list maintained by CMS.
b) Standards. Factors to be considered in
				determining whether the standard of responsibility has been met may include,
				but are not limited to, whether a prospective vendor:
1) has available the appropriate financial,
				material, equipment, facility, and personnel resources and expertise (or the
				ability to obtain them) necessary to meet all contractual requirements (the
				Procurement Officer may designate a level of financial resource below which the
				vendor will be deemed "not responsible");
2) is able to comply with required or
				proposed delivery or performance schedules, taking into consideration all
				existing commercial and governmental commitments;
3) has a satisfactory record of performance.
				Vendors who are or have been deficient in current or recent contract
				performance in dealing with the State or other customers may be deemed "not
				responsible" unless the deficiency is shown to have been beyond the reasonable
				control of the vendor;
4) has a
				satisfactory record of integrity and business ethics. Vendors who are under
				investigation or indictment for criminal or civil actions that bear on the
				particular procurement or that create a reasonable inference or appearance of a
				lack of integrity on the part of the vendor may be declared not responsible for
				the particular procurement;
5) has
				supplied all necessary information in connection with the inquiry concerning
				responsibility;
6) has a current
				Public Contracts number from the Illinois Department of Human Rights, pursuant
				to 44 Ill. Adm. Code
				750.210,
				if required or is otherwise statutorily barred from contracting with the State.
				Proof of application for a Public Contracts number prior to opening of bids or
				proposals will be sufficient for an initial determination;
7) is current in payment of all State of
				Illinois taxes, including the unemployment insurance tax.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 2600 - STATE BOARD OF ELECTIONS PROCUREMENT RULES › Subpart F - BID, PROPOSAL AND PERFORMANCE SECURITY › Section 2600.500 - Security Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
A Procurement Officer may require that a vendor furnish bid,
				  proposal, or performance security on SBEL contracts. Whenever security is
				  required, the procurement document will clearly indicate the type and amount of
				  security. Security, unless otherwise specified, may be in the form of cashier's
				  check, certified check, money order, irrevocable letter of credit or bond. Any
				  bond must be issued by a surety company authorized to do business in the State
				  of Illinois.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 2600 - STATE BOARD OF ELECTIONS PROCUREMENT RULES › Subpart H - DURATION OF CONTRACTS › Section 2600.700 - Duration of Contracts - General

Current through Register Vol. 48, No. 28, July 12, 2024
a) General
1) A multi-term contract for a total term of
				up to 5 years is authorized when determined by the Procurement Officer to be in
				the best interest of the State.
2)
				A software license may have a term longer than 10 years, including for a
				perpetual term, provided the payment term is limited to no more than 10
				years.
3) Except in an emergency or
				when the Procurement Officer determines that immediate performance is
				necessary, the vendor shall not begin billable performance on the contract
				prior to final approval. The Procurement Officer must approve any pre-contract
				work and shall document the reasons for such approval in the procurement file.
				Each solicitation and contract shall contain a provision alerting vendors that
				they will not be eligible for reimbursement for work performed prior to
				execution of the contract, except as provided in this subsection
				(a)(3).
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 2600 - STATE BOARD OF ELECTIONS PROCUREMENT RULES › Subpart I - CONTRACT MATTERS › Section 2600.800 - Prevailing Wage

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				For employees working in the areas of public works, printing and janitorial
				services, no bidder will be awarded a contract unless its employees are paid
				wages and benefits and are working under conditions prevalent in the location
				where the work is to be performed.
b) Prevailing wage and conditions prevalent
				means the hourly wage rate, overtime, holiday pay, pension, welfare, premium
				differential, vacation pay and other benefits received by employees and the
				environmental conditions under which they work.
c) Prevailing Wage Rates
1) Prevailing wage rates, benefits and
				conditions will be those in effect on the first date of the contract, provided
				that, if the rate changes during the contract term and the amount of change is
				known before execution of the contract, then the contract rate will vary in
				like amount.
2) If the initial
				prevailing wage, etc., cannot be determined prior to execution, contracts may
				be entered into and will remain valid for the stated term.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 2600 - STATE BOARD OF ELECTIONS PROCUREMENT RULES › Subpart I - CONTRACT MATTERS › Section 2600.805 - Equal Employment Opportunity; Affirmative Action

Current through Register Vol. 48, No. 28, July 12, 2024
Every party to a public contract and every eligible bidder
				  shall:
a) Refrain from unlawful
				discrimination and discrimination based on citizenship status in employment and
				undertake affirmative action to assure equality of employment opportunity and
				eliminate the effects of past discrimination;
b) Comply with the procedures and
				requirements of the Department of Human Rights (DHR) regulations concerning
				equal employment opportunities and affirmative action;
c) Provide such information, with respect to
				its employees and applicants for employment, and assistance as DHR may
				reasonably request;
d) Have written
				sexual harassment policies that include, at a minimum, the following
				information:
1) the illegality of sexual
				harassment;
2) the definition of
				sexual harassment under State law;
3) a description of sexual harassment,
				utilizing examples;
4) the vendor's
				internal complaint process, including penalties;
5) the legal recourse, investigative and
				complaint process available through DHR and the Human Rights
				Commission;
6) directions on how to
				contact DHR and the Commission; and
7) protection against retaliation as provided
				by Section 6-101 of the Illinois Human Rights Act [775 ILCS
				5/6-101 ]. A copy of the policies shall be provided to
				DHR upon request.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 2600 - STATE BOARD OF ELECTIONS PROCUREMENT RULES › Subpart J - PREFERENCES › Section 2600.900 - Procurement Preferences

Current through Register Vol. 48, No. 28, July 12, 2024
The procurement preferences identified in Article 45 of the
				  Procurement Code shall be considered in developing procurement documents,
				  conducting evaluations and drafting contracts. Subsequent Sections of this
				  Subpart M identify conditions for the use of certain of the statutory
				  preferences.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 2600 - STATE BOARD OF ELECTIONS PROCUREMENT RULES › Subpart J - PREFERENCES › Section 2600.905 - Sheltered Workshops for the Disabled

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Procurement Officer may determine to
				contract with a sheltered workshop on the list maintained by CMS, and may do so
				without notice or competition.
b)
				Conditions for Use
The CPO shall, in consultation with the State Use Committee
				  created by the Procurement Code (Section 45-35(c)), determine which articles,
				  materials, services, food stuffs and supplies that are produced or manufactured
				  by persons with disabilities in State use sheltered workshops shall be given
				  preference by purchasing agencies procuring those items. The CPO shall use
				  procedures established by CMS for implementing this Section.
c) The CPO shall use the list of all
				qualified sheltered workshops and the supplies and services each qualified
				sheltered workshop provides, which is maintained by CMS.
d) Pricing Approval
1) 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.
2) The State Use Committee, established under
				Section 45-35(c) of the Code, must approve contracts for reasonableness of
				price if:
A) the supply or service would
				ordinarily be subject to competitive sealed bidding or competitive sealed
				proposals methods of source selection; or
B) the supply or service is bid and the
				sheltered workshop is selected even though not the lowest responsible
				bidder.
3) State Use
				Committee approval is not required if:
A) the
				contract qualifies as a small purchase as defined in Section
				2600.315 and no
				bidding was conducted; or
B) the
				contract is awarded to the sheltered workshop under a competitive
				procedure.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 2600 - STATE BOARD OF ELECTIONS PROCUREMENT RULES › Subpart J - PREFERENCES › Section 2600.910 - Small Business Set Aside Program

Current through Register Vol. 48, No. 28, July 12, 2024
a) CMS has determined categories of supplies
				or service procurements that will be set aside for small business located in
				Illinois. SBEL will use the list of categories for set-aside currently found at
				44 Ill. Adm. Code
				1.4545.
b) The CPO or designee may use the list
				maintained by CMS of responsible vendors that meet the criteria of small
				business. A business that fits the definition of small on the day of bid or
				proposal opening will be considered small for the duration of the
				contract.
c) If a Procurement
				Officer wishes to make a procurement covered by a set-aside designation, the
				solicitation must note responses are limited to those from responsible small
				businesses. Bids or proposals received from large businesses will be rejected
				as nonresponsive.
d) If the
				Procurement Officer determines that acceptance of the best bid or proposal will
				result in the payment of an unreasonable price, the Procurement Officer shall
				reject all bids or proposals and withdraw the designation of small business
				set-aside for the procurement in question. When a small business set-aside is
				withdrawn, notification shall be published in the Illinois Procurement Bulletin
				with an explanation. After withdrawal of the small business set-aside, the
				procurement shall be conducted in accordance with the limitations of the Code
				and this Part.
e) Unless the CPO
				provides a definition for a particular procurement that reflects industrial
				characteristics, a small business shall meet the definition found in Section
				45-45 of the Procurement Code.
f)
				Vendors desiring to submit bids or proposals or to otherwise contract for items
				set aside for small businesses shall submit information verifying that the
				vendor qualifies as a small business. The CPO may establish procedures for
				verifying this information.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 2600 - STATE BOARD OF ELECTIONS PROCUREMENT RULES › Subpart J - PREFERENCES › Section 2600.920 - Contracting with Businesses Owned and Controlled by Minorities, Females and Persons with Disabilities

Current through Register Vol. 48, No. 28, July 12, 2024
The Business Enterprise Act for Minorities, Females, and
				  Persons with Disabilities [30 ILCS 575 ] (Act) sets a goal (minimum 12%) for
				  contracting with businesses owned or controlled by minorities, females, or
				  persons with disabilities. Upon direction of the CPO, SBEL may establish
				  set-asides and other such preferences for vendors certified under the Act and
				  may refer to the list of businesses certified and maintained by
				  CMS.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 2600 - STATE BOARD OF ELECTIONS PROCUREMENT RULES › Subpart K - ETHICS › Section 2600.1000 - Conflicts of Interest

Current through Register Vol. 48, No. 28, July 12, 2024
a) An
				individual has a conflict of interest when he or she has a direct pecuniary
				interest in a contract and is owed a payment or otherwise receives a direct
				financial benefit in conjunction with performance of a contract, including
				finder's fees and commission payments. No individual with a conflict of
				interest in a particular procurement may take part in the procurement
				process.
b) This Section does not
				apply to contracts with licensed professionals, provided the contracts are
				competitively bid as described in Subpart D.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 2600 - STATE BOARD OF ELECTIONS PROCUREMENT RULES › Subpart K - ETHICS › Section 2600.1005 - Negotiations for Future Employment

Current through Register Vol. 48, No. 28, July 12, 2024
a) It is unlawful for any person employed by
				SBEL, or on a continual contractual relationship with SBEL, to participate in
				contract negotiations on behalf of SBEL 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 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 SBEL 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 2600 - STATE BOARD OF ELECTIONS PROCUREMENT RULES › Subpart K - ETHICS › Section 2600.1010 - 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 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 2600 - STATE BOARD OF ELECTIONS PROCUREMENT RULES › Subpart K - ETHICS › Section 2600.1015 - Revolving Door

Current through Register Vol. 48, No. 28, July 12, 2024
The CPO shall designate in writing the SBEL employees whose
				  jobs or whose position descriptions are 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. The CPO shall maintain that information for a period of at least two
				  years following the end or revocation of the designation. Those employees shall
				  be subject to the Revolving Door provision found in Section 50-30 of the
				  Code.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 2600 - STATE BOARD OF ELECTIONS PROCUREMENT RULES › Subpart L - COMPLAINTS, PROTESTS AND REMEDIES › Section 2600.1100 - Complaints Against Vendors

Current through Register Vol. 48, No. 28, July 12, 2024
a) Whenever a vendor fails to meet contract
				requirements, including but not limited to failure to deliver on time or meet
				specifications, SBEL shall take appropriate action to initiate a
				complaint.
b) For relatively minor
				infractions, SBEL may initiate contact by telephone or in person. If not
				resolved by this action, a written complaint shall be made.
c) For other infractions, SBEL shall send a
				written complaint to the vendor detailing the problem. For complaints regarding
				contracts established by the CPO for CMS, a form available from the CPO for CMS
				shall be used to process those complaints and CMS shall be informed of the
				resolution or status of the complaint.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 2600 - STATE BOARD OF ELECTIONS PROCUREMENT RULES › Subpart L - COMPLAINTS, PROTESTS AND REMEDIES › Section 2600.1105 - Suspension

Current through Register Vol. 48, No. 28, July 12, 2024
SBEL may recommend to CMS that a vendor be suspended from
				  doing business with the State, with one or more agencies, or for specific types
				  of supplies or services.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 2600 - STATE BOARD OF ELECTIONS PROCUREMENT RULES › Subpart L - COMPLAINTS, PROTESTS AND REMEDIES › Section 2600.1110 - Resolution of Contract Controversies

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Procurement Officer shall have
				authority to resolve controversies and may accept delivery in accordance with
				contract requirements as resolution of a complaint.
b) Subject to the approval of the Procurement
				Officer, the vendor may adjust a contract by substituting an alternative
				specification or reducing the contract amount to compensate for a failure to
				provide full performance.
c) In any
				of the following cases, the Procurement Officer shall have the right to
				terminate or rescind any contract entered into under this Part:
1) The successful bidder fails to furnish a
				satisfactory performance bond within the time specified.
2) The vendor fails to make delivery at the
				place or within the time specified in the contract or as ordered by
				SBEL.
3) Any supplies or services
				provided under the contract are rejected (for not meeting specification, not
				conforming to sample, or not being in good condition when delivered) and are
				not promptly replaced by the vendor. If there are repeated rejections of the
				vendor's supplies or services, this shall be grounds for termination or
				rescission, even though the vendor offers to replace the supplies or services
				promptly.
4) The vendor is guilty
				of misrepresentation (for example, misbranding of food or drugs) in connection
				with another contract for the sale of supplies or services to SBEL such that
				the vendor cannot reasonably be depended upon to fulfill the vendor's
				obligations as a responsible vendor under any of the vendor's contracts with
				SBEL.
5) The vendor should be
				adjudged bankrupt; enter into receivership or make a general assignment for the
				benefit of creditors due to insolvency; disregard laws, rules, or instructions
				of the Procurement Officer; or act in violation of any provision of the
				contract; or if the contract conflicts with any statutory or constitutional
				provision of the State of Illinois or of the United States.
6) The vendor obtained the contract by fraud,
				collusion, conspiracy or other unlawful means.
7) Any other breach of contract or other
				unlawful act by the vendor.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 2600 - STATE BOARD OF ELECTIONS PROCUREMENT RULES › Subpart L - COMPLAINTS, PROTESTS AND REMEDIES › Section 2600.1115 - Violation of Statute or Rule

Current through Register Vol. 48, No. 28, July 12, 2024
If the CPO finds that the solicitation, award or contract is
				  in violation of statute or this Part, the CPO may cancel the solicitation,
				  award or contract, or make modifications to correct the violation, if the
				  correction may be legally accomplished. When a contract is voided under this
				  Section, SBEL shall attempt to return any supplies delivered under the contract
				  that have not been used or distributed. 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.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 2600 - STATE BOARD OF ELECTIONS PROCUREMENT RULES › Subpart L - COMPLAINTS, PROTESTS AND REMEDIES › Section 2600.1120 - Protests

Current through Register Vol. 48, No. 28, July 12, 2024
a) An actual or
				prospective bidder, offeror, or vendor that may be aggrieved in connection with
				a procurement may file a written protest with the CPO on any phase of
				solicitation or award, including but not limited to specifications preparation,
				bid solicitation, or award.
b)
				Filing of Protest
1) Protests shall be made in
				writing to the CPO 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 CPO. 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 SBEL at the designated address before the date for opening of bids or
				proposals. For the purpose of protests to sole source contracts, the protest
				period shall be 14 days.
2) To be
				considered a protest under this Section, the envelope must be labeled as a
				protest and include the name and address of the protester, an identification of
				the procurement or contract, a statement of the protest and any supporting
				documentation or evidence that is relevant to the protest.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 2600 - STATE BOARD OF ELECTIONS PROCUREMENT RULES › Subpart M - GOVERNMENTAL JOINT PURCHASING › Section 2600.1200 - General

Current through Register Vol. 48, No. 28, July 12, 2024
In an effort to make the procurement process more efficient,
				  SBEL 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 ]. Only the CPO may enter into
				  contracts under the Act.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 2600 - STATE BOARD OF ELECTIONS PROCUREMENT RULES › Subpart M - GOVERNMENTAL JOINT PURCHASING › Section 2600.1205 - No Agency Relationship

Current through Register Vol. 48, No. 28, July 12, 2024
In any joint procurement situation, the other governmental
				  unit must issue its own purchase order, accept its own deliveries and make its
				  own payments. SBEL shall have no obligation to the vendor for payment of orders
				  placed by other joint purchasers.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 2600 - STATE BOARD OF ELECTIONS PROCUREMENT RULES › Subpart M - GOVERNMENTAL JOINT PURCHASING › Section 2600.1210 - Obligations of Participating Governmental Units

Current through Register Vol. 48, No. 28, July 12, 2024
If governmental units choose to use contracts established by
				  SBEL or by CMS on behalf of SBEL, they must:
a) provide to the CPO a copy of the ordinance
				or resolution passed by the governing body of the governmental unit giving
				authority to make purchases from contracts issued by the State of
				Illinois;
b) make all purchases
				under the State contracts for public use only and specifically prohibit
				personal use or consumption by any individual, public employee or
				official;
c) make payment to the
				vendor within 30 days after receipt of supplies or services;
d) place orders with the supplier directly
				using their own purchase order forms. A copy of the purchase order must also be
				sent to the CPO. This copy will be used for statistical purposes and will serve
				as notice that the governmental unit has complied with the bid
				action;
e) inspect all items
				immediately for compliance with the contract specifications and report to the
				CPO any failure of suppliers to comply with contract requirements;
f) attempt to resolve disputes with the
				vendor before involving SBEL.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 2600 - STATE BOARD OF ELECTIONS PROCUREMENT RULES › Subpart N - MISCELLANEOUS PROVISIONS OF GENERAL APPLICABILITY › Section 2600.1300 - Severability

Current through Register Vol. 48, No. 28, July 12, 2024
If any provision of this Part or any application thereof 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.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 2600 - STATE BOARD OF ELECTIONS PROCUREMENT RULES › Subpart N - MISCELLANEOUS PROVISIONS OF GENERAL APPLICABILITY › Section 2600.1305 - Government Furnished Property

Current through Register Vol. 48, No. 28, July 12, 2024
If SBEL provides any property to the vendor in furtherance of
				  the contract, that 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.