reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 8 - CHIEF PROCUREMENT OFFICER FOR THE CAPITAL DEVELOPMENT BOARD › Subpart N - SELECTION OF CONSTRUCTION-RELATED PROFESSIONAL SERVICES, CONSTRUCTION MANAGEMENT SERVICES AND DESIGN-BUILD ENTITIES › Section 8.3155 - Procurement Under the Design-Build Procurement Act

Current through Register Vol. 48, No. 28, July 12, 2024
Solicitation for procurement of design-build services shall
				  be in accordance with this Subpart and the Design-Build Procurement Act and
				  CDB's rules (44 Ill. Adm. Code 1030).
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 8 - CHIEF PROCUREMENT OFFICER FOR THE CAPITAL DEVELOPMENT BOARD › Subpart O - PREFERENCES › Section 8.4505 - Procurement Preferences

Current through Register Vol. 48, No. 28, July 12, 2024
The procurement preferences identified in Article 45 of the
				  Code must be considered in developing procurement documents, conducting
				  evaluations and drafting contracts. Any preferences applicable to an individual
				  procurement will be stated in the solicitation for that
				  procurement.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 8 - CHIEF PROCUREMENT OFFICER FOR THE CAPITAL DEVELOPMENT BOARD › Subpart O - PREFERENCES › Section 8.4510 - Resident Vendor Preference

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				"Illinois resident vendor", as used in this Section, means a person, including
				a foreign corporation or other entity, that is authorized to transact business
				in this State and having a bona fide establishment for transacting business
				within this State at which it was actually transacting business on the date
				when a given competitive solicitation for a public contract was first
				advertised or announced.
b) In
				breaking a tie bid or proposal, as described in Section
				8.2037, an
				Illinois resident vendor shall be given the award.
c) An Illinois resident vendor shall be
				allowed a preference over a non-resident vendor equal in amount to the
				preference, if any, given or required by the state of the non-resident vendor
				to its resident vendors.
d) If only
				non-resident bidders are bidding, the purchasing agency has the right to
				specify that Illinois labor and manufacturing locations be used as part of the
				manufacturing process. This specification may be negotiated as part of the
				solicitation process.
e) This
				Section does not apply to any contract for any project for which federal funds
				are available for expenditure when its provisions may be in conflict with
				federal law or federal regulation.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 8 - CHIEF PROCUREMENT OFFICER FOR THE CAPITAL DEVELOPMENT BOARD › Subpart O - PREFERENCES › Section 8.4526 - Environmentally Preferable Procurement

Current through Register Vol. 48, No. 28, July 12, 2024
Construction shall be accomplished in accordance with the
				  Green Buildings Act.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 8 - CHIEF PROCUREMENT OFFICER FOR THE CAPITAL DEVELOPMENT BOARD › Subpart O - PREFERENCES › Section 8.4535 - Qualified Not-for-Profit Agencies for Persons with Severe Disabilities

Current through Register Vol. 48, No. 28, July 12, 2024
a) Use. The CPO shall
				distribute to each SPO and CDB a list of supplies and services available from
				qualified not-for-profit agencies for persons with severe disabilities
				(sheltered workshops). Purchases may be made from sheltered workshops without
				prior notice or competition. Qualified Not-for-Profit Agencies who contract
				with the State must comply with all other provisions of the Illinois
				Procurement Code. Notice of purchases shall be posted on the Illinois
				Procurement Bulletin.
b) Pricing
				Approval. Prior to contracting with a sheltered workshop, the State Use
				Committee (see Section 45-35(c) of the Code) must determine that the price is
				not substantially more than a competitively solicited price.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 8 - CHIEF PROCUREMENT OFFICER FOR THE CAPITAL DEVELOPMENT BOARD › Subpart O - PREFERENCES › Section 8.4557 - Veterans

Current through Register Vol. 48, No. 28, July 12, 2024
It is the goal of the State to promote and encourage the
				  continued economic development of small businesses owned and controlled by
				  qualified veterans and that qualified service-disabled veteran-owned small
				  businesses (SDVOSB) and veteran-owned small businesses (VOSB) participate in
				  the State's procurement process as both prime contractors and subcontractors.
				  Not less than 3% of the total dollar amount of State contracts, as defined by
				  the Director of Central Management Services, shall be established as the goal
				  to be awarded to SDVOSB and VOSB. [30 ILCS
				  500/45-57 ]. CDB shall award contracts in compliance
				  with the goal to award contracts to SDVOSB and VOSB businesses (see 44 Ill.
				  Adm. Code 20).
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 8 - CHIEF PROCUREMENT OFFICER FOR THE CAPITAL DEVELOPMENT BOARD › Subpart O - PREFERENCES › Section 8.4570 - Contracting with Businesses Owned and Controlled by Minorities, Females and Persons with Disabilities

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Procurements made under the Code are subject to the requirements of the BEMFD
				Act.
b) Responsiveness of bidders
				or offeror determinations related to 30 ILCS 575 are subject to the review and
				approval of the CDB Good Faith Effort Committee for the purpose of ensuring
				that the provisions of the Act are consistently applied.
c) CDB shall develop Rules for compliance
				with 30 ILCS 575 to include:
1) Goal
				Setting;
2) Vendor
				Assistance;
3) Performance of
				Commercially Useful Functions.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 8 - CHIEF PROCUREMENT OFFICER FOR THE CAPITAL DEVELOPMENT BOARD › Subpart O - PREFERENCES › Section 8.4590 - Notice of Preferences

Current through Register Vol. 48, No. 28, July 12, 2024
The Bulletin and solicitation document shall state whether a
				  preference applies or may apply and the amount or type of
				  preference.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 8 - CHIEF PROCUREMENT OFFICER FOR THE CAPITAL DEVELOPMENT BOARD › Subpart O - PREFERENCES › Section 8.4599 - Domestic Products

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				This Section applies to the procurement of "procured products" ("assembled
				articles, materials or supplies" [30 ILCS
				517/5 ]) incorporated into construction projects
				unless:
1) the procurement is exempt from
				competitive solicitation requirements as in the case of a small, emergency or
				sole economically feasible source situation;
2) CDB determines that a specific project is
				too complex for the 5 major construction building trades to identify the
				numerous individually procured products required for the project;
3) CDB determines that procured products
				required for a specific project are too numerous or complex to be able to
				efficiently assess the sites where manufactured; or
4) One of the exemptions of Section 10 of the
				Procurement of Domestic Products Act applies.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 8 - CHIEF PROCUREMENT OFFICER FOR THE CAPITAL DEVELOPMENT BOARD › Subpart P - ETHICS › Section 8.5002 - Continuing Disclosure; False Certification

Current through Register Vol. 48, No. 28, July 12, 2024
a) Multi-year contracts and subcontracts are
				subject to the annual recertification requirements of Section 50-2 of the Code.
				Every person that has entered into a multi-year contract and every
				subcontractor with a multi-year subcontract shall certify, by July 1 of each
				fiscal year covered by the contract after the initial fiscal year, to the
				responsible CPO whether it continues to satisfy the requirements of Article 50
				of the Code pertaining to eligibility for a contract award. 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 ]
b) The CPO may prescribe a standard format
				and procedure for annual recertification and may include annual certifications
				as part of a registration or prequalification process.
c) Should a vendor be unable to certify that
				it continues to meet requirements of Section 50 of the Code, the relevant
				information detailing any changes shall be submitted by the vendor or the
				agency to the SPO for review and disposition.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 8 - CHIEF PROCUREMENT OFFICER FOR THE CAPITAL DEVELOPMENT BOARD › Subpart P - ETHICS › Section 8.5005 - Bribery

Current through Register Vol. 48, No. 28, July 12, 2024
a) Prohibition
No person or business shall be awarded a contract or
				  subcontract who:
1) Has been convicted
				under the laws of Illinois or any other state of bribery or attempting to bribe
				an officer or employee of the State of Illinois or any other state or branch of
				the federal government in that officer's or employee's official capacity;
				or
2) Has made an admission of
				guilt of the conduct described in subsection (a)(1) as a matter of record, but
				has not been prosecuted for that conduct.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 8 - CHIEF PROCUREMENT OFFICER FOR THE CAPITAL DEVELOPMENT BOARD › Subpart P - ETHICS › Section 8.5010 - Felons

Current through Register Vol. 48, No. 28, July 12, 2024
a) Unless otherwise
				provided, no person or business convicted of a felony shall do business with
				the State of Illinois or any State agency, or enter into a subcontract subject
				to Section 120 of this code, from the date of conviction until 5 years after
				the date of completion of the sentence for that felony, unless no person held
				responsible by a prosecutorial office for the facts upon which the conviction
				was based continues to have any involvement with the business.
b) Every bid submitted to and contract
				executed by the State and every subcontract subject to this Part shall contain
				a certification by the bidder or contractor or subcontractor, respectively,
				that the bidder, contractor or subcontractor is not barred from being awarded a
				contract or subcontract under this Section and acknowledges the CPO may declare
				the related contract void if any of the certifications required by this Section
				are false. If the false certification is made by a subcontractor, then the
				contractor's submitted bid and the executed contract may not be declared void,
				unless the contractor refuses to terminate the subcontract upon the State's
				request after a finding that the subcontract's certification was false.
				[30 ILCS 500/50-10
				]
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 8 - CHIEF PROCUREMENT OFFICER FOR THE CAPITAL DEVELOPMENT BOARD › Subpart P - ETHICS › Section 8.5011 - Debt Delinquency

Current through Register Vol. 48, No. 28, July 12, 2024
a) No
				person shall submit a bid for or enter into a contract or subcontract if that
				person knows or should know that he or she or any affiliate is delinquent in
				the payment of any debt to the State, unless the person or affiliate has
				entered into a deferred payment plan to pay off the debt. [30 ILCS
				500/50-11(a) ]. For purposes of this
				Section, terms shall have the meanings ascribed in Section 50-11 of the
				Code.
b) Every bid submitted to and
				contract executed by the State and every subcontract subject to Section 20-120
				of the Code shall contain a certification by the bidder, contractor or
				subcontractor, respectively, that the contractor or the subcontractor and its
				affiliate is not barred from being awarded a contract or subcontract under this
				Section and acknowledges that the CPO may declare the related contract void if
				any of the certifications required by this Section completed pursuant to this
				subsection (b) are false.If the false certification is made by a subcontractor,
				then the contractor's submitted bid and the executed contract may not be
				declared void, unless the contractor refuses to terminate the subcontract upon
				the State's request after a finding that the subcontractor's certification was
				false. [30 ILCS
				500/50-11(b) ]
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 8 - CHIEF PROCUREMENT OFFICER FOR THE CAPITAL DEVELOPMENT BOARD › Subpart P - ETHICS › Section 8.5012 - Collection and Remittance of Illinois Use Tax

Current through Register Vol. 48, No. 28, July 12, 2024
a) No person shall enter into a contract with
				a State agency or enter into a subcontract unless the person and all affiliates
				of the person collect and remit Illinois Use Tax on all sales of tangible
				personal property into the State of Illinois in accordance with the provisions
				of the Illinois Use Tax Act, regardless of whether the person or affiliate is a
				"retailer maintaining a place of business within this State" as defined in
				Section 2 of the Use Tax Act. [30 ILCS
				500/50-12 ] For purposes of this Section, terms shall
				have the meanings ascribed in Section 50-12 of the Code.
b) Every bid submitted and contract executed
				by the State and every subcontract subject to Section 20-120 of the Code shall
				contain a certification by the bidder, contractor or subcontractor,
				respectively, that the bidder, contractor or subcontractor is not barred from
				bidding for or entering into a contract under subsection (a) and acknowledges
				that the CPO may declare the related contract void if any of the certifications
				completed pursuant to this subsection (b) are false. If the false certification
				is made by a subcontractor, then the contractor's submitted bid and the
				executed contract may not be declared void, unless the contractor refuses to
				terminate the subcontract upon the State's request after a finding that the
				subcontractor's certification was false. [30 ILCS
				500/50-12 ]
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 8 - CHIEF PROCUREMENT OFFICER FOR THE CAPITAL DEVELOPMENT BOARD › Subpart P - ETHICS › Section 8.5013 - Conflicts of Interest Prohibited by the Code

Current through Register Vol. 48, No. 28, July 12, 2024
These conflicts apply to the direct interest of specified
				  State employee or officeholder.
a) Any
				bid, proposal, offer or proposed contract being recommended for award must be
				reviewed for conflicts of interest pursuant to Section 50-13 of the Code. No
				contract will be executed unless the CPO requests and is granted an exemption
				by the Executive Ethics Commission under Section 50-20 of the Code.
1) Office or Employment. It is unlawful for
				any person holding an elective office in this State, holding a seat in the
				General Assembly, or appointed to or employed in any of the offices or agencies
				of State government and who receives compensation for such employment in excess
				of 60% of the salary of the Governor of the State of Illinois, or who is an
				officer or employee of the Capital Development Board or the Illinois Toll
				Highway Authority, or who is the spouse or minor child of any such person, to
				have or acquire any contract, or any direct pecuniary interest in the contract
				therein, whether for stationery, printing, paper, or any services, materials,
				or supplies, that will be wholly or partially satisfied by the payment of funds
				appropriated by the General Assembly of the State of Illinois or in any
				contract of the Capital Development Board or the Illinois Toll Highway
				Authority. [30 ILCS
				500/50-13(a) ]
2) Financial Interests. It is unlawful for
				any firm, partnership, association, or corporation, in which any person as
				described in subsection (a)(1) is entitled to receive more than 71/2% of the
				total distributable income or an amount in excess of the salary of the
				Governor, to have or acquire any such contract or direct pecuniary interest
				therein. [30 ILCS
				500/50-13(b) ]
3) Combined Financial Interests. It is
				unlawful for any firm, partnership, association or corporation, in which any
				person listed in subsection (a)(1) together with his or her spouse or minor
				children is entitled to receive more than 15%, in the aggregate, of the total
				distributable income or an amount in excess of 2 times the salary of the
				Governor, to have or acquire any such contract or direct pecuniary interest
				therein. [30 ILCS
				500/50-13(c) ]
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 8 - CHIEF PROCUREMENT OFFICER FOR THE CAPITAL DEVELOPMENT BOARD › Subpart P - ETHICS › Section 8.5014 - Environmental Protection Act Violations

Current through Register Vol. 48, No. 28, July 12, 2024
a) Unless otherwise provided, no person or
				business found by a court or the Pollution Control Board to have committed a
				willful or knowing violation of the Environmental Protection Act shall do
				business with the State of Illinois or any State agency or enter into a
				subcontract from the date of the order containing the finding of violation
				until 5 years after that date, unless the person or business can show that no
				person involved with the violation continues to have any involvement with the
				business. [30
				ILCS 500/50-14(a) ]
b) A person or business otherwise barred from
				doing business with the State of Illinois and any State agency or any
				subcontractors under the Code by subsection (a) may be allowed to do business
				with the State of Illinois or any State agency if it is shown that there is no
				practicable alternative to the State to contracting with that person or
				business. [30
				ILCS 500/50-14(b) ]
c) Every bid submitted to and contract
				executed by the State and every subcontract subject to Section 20-120 of the
				Code shall contain a certification by the bidder, contractor and any
				subcontractor, respectively, that the bidder, contractor or subcontractor is
				not barred from being awarded a contract or subcontract under this Section and
				acknowledges that the CDB or CPO may declare the related contract void if any
				of the certifications completed pursuant to this subsection (c) are false. If
				the false certification is made by a subcontractor, then the contractor's
				submitted bid and the executed contract may not be declared void, unless the
				contractor refuses to terminate the subcontract upon the State's request after
				a finding that the subcontractor's certification was false. [30 ILCS
				500/50-14(c) ]
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 8 - CHIEF PROCUREMENT OFFICER FOR THE CAPITAL DEVELOPMENT BOARD › Subpart P - ETHICS › Section 8.5015 - Negotiations for Future Employment

Current through Register Vol. 48, No. 28, July 12, 2024
a) It is unlawful for any person employed in
				or on a continual contractual relationship with any of the offices or agencies
				of State government to participate in contract negotiations on behalf of that
				office or agency with any vendor, 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 "continual contractual
				relationship" from the effective date of the contract until such time as the
				contract is terminated.
c) An
				individual who performs services pursuant to a contract and who meets the
				requirements of an "independent contractor" as opposed to an "employee" is in a
				"continual contractual relationship" if the contract term is indefinite, is
				automatically renewed, is renewable at the individual's option, is renewable
				unless the State must act to terminate, or has a definite term of at least
				three months.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 8 - CHIEF PROCUREMENT OFFICER FOR THE CAPITAL DEVELOPMENT BOARD › Subpart P - ETHICS › Section 8.5020 - Exemptions

Current through Register Vol. 48, No. 28, July 12, 2024
If an individual finds a conflict of interest under Section
				  50-13 of the Code with the vendor selected for award or contract negotiations,
				  he or she shall forward to the CPO the name of the vendor and a description of
				  the proposed contract and of the potential conflict, and shall state why an
				  exemption should be granted. CDB shall determine and include documentation of
				  the agency's position on the conflict. The CPO shall decide whether to
				  disapprove the contract or request a exemption from the Executive Ethics
				  Commission in accordance with Section 50-20 of the Code.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 8 - CHIEF PROCUREMENT OFFICER FOR THE CAPITAL DEVELOPMENT BOARD › Subpart P - ETHICS › Section 8.5023 - Other Conflicts of Interest

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Except as otherwise specified in the Public Officer Prohibited Activities Act,
				no State officer shall be in any manner financially interested, directly or
				indirectly, in the name of any other person, association, trust or corporation
				in any contract or work in the making or letting of which the officer may be
				called upon to act or vote.
b) No
				contract shall be awarded to a State officer or employee or to a firm,
				partnership, association or corporation, the owner or principal owners or major
				officers or primary employees of which are officers or employees of the State
				agency, or to members of the immediate family of an officer of the State
				agency, unless the contract is deemed essential to State agency operations and
				is approved by the CDB Executive Director and the CPO. These approvals shall be
				filed with the contract and shall be made part of the procurement
				file.
c) If CDB has its owns
				policies regarding procurement conflict of interest relative to its own
				employees, CDB must provide notice of any potential conflict of interest to the
				SPO along with CDB's policy. This information may be used by the SPO when
				considering whether to award a contract.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 8 - CHIEF PROCUREMENT OFFICER FOR THE CAPITAL DEVELOPMENT BOARD › Subpart P - ETHICS › Section 8.5030 - Revolving Door Prohibition

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				CPOs, SPOs,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 CDB for which they had oversight, 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. This prohibition applies to all
				persons who terminate an affected position on or after January 1, 1999.
				[30 ILCS
				500/50-30 ]
b) The CPO, in conjunction with the CDB
				ethics officer, shall identify in writing those designees whose job, or whose
				position description, is at least 51% directly related to procurement.
				Activities directly related to procurement include, but are not limited to,
				drafting specifications, preparing solicitations, evaluating offers,
				negotiating contracts, administering contracts and supervising any of the
				foregoing. This determination shall be communicated to the affected employees
				and maintained for a period of at least 2 years following the end or revocation
				of the designation.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 8 - CHIEF PROCUREMENT OFFICER FOR THE CAPITAL DEVELOPMENT BOARD › Subpart P - ETHICS › Section 8.5037 - Vendor Registration, Certification and Prohibition on Political Contributions

Current through Register Vol. 48, No. 28, July 12, 2024
a) Introduction
Illinois statutes [10 ILCS 5/9-35 and 30 ILCS 500/20-160 and
				  50-37] restrict political contributions by vendors that are business entities
				  and their affiliated entities and persons; require registration with the State
				  Board of Elections (SBEL); require the CPO to verify that the business entity
				  is required to register with SBEL and is in compliance with registration
				  requirements as of the date bids or proposals are due; and require solicitation
				  and contract certifications of the vendor relative to the requirements of these
				  statutes. This Section supplements requirements found in those statutes and
				  does not excuse compliance with any of those requirements.
b) General Registration Requirements
1) These requirements apply to contracts,
				bids and proposals that are subject to the Code:
A) Bids/proposals referenced in this Section
				are those submitted in response to a competitive solicitation that is posted to
				the Bulletin on or after January 1, 2009, regardless of the value assigned to
				the procurement.
B) Bids and
				proposals include pending bids and proposals.
C) These requirements generally apply to a
				vendor whose existing State contracts have an aggregate value in excess of
				$50,000, or whose aggregate value of bids/proposals for State contracts exceeds
				$50,000, or whose aggregate value of State contracts and bids/proposals exceeds
				$50,000.
D) This value is
				calculated on a calendar-year basis.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 8 - CHIEF PROCUREMENT OFFICER FOR THE CAPITAL DEVELOPMENT BOARD › Subpart P - ETHICS › Section 8.5038 - Lobbying Restrictions

Current through Register Vol. 48, No. 28, July 12, 2024
a) A
				person or business that is let or awarded a contract is not entitled to receive
				any payment, compensation or other remuneration from the State to compensate
				the person or business for any expenses related to travel, lodging, or meals
				that are paid by the person or business to any officer, agent, employee,
				consultant, independent contractor, director, partner, manager or shareholder.
				[30 ILCS
				500/50-38(a) ]
b) Disclosure
1) Any bidder or offeror on a State contract
				that hires a person required to register under the Lobbyist Registration Actto
				assist in obtaining a contract shall:
A)
				Disclose all costs, fees, compensation, reimbursement and other remunerations
				paid or to be paid to the lobbyist and the purpose and nature of the lobbying
				on behalf of the vendor;
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;
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 8 - CHIEF PROCUREMENT OFFICER FOR THE CAPITAL DEVELOPMENT BOARD › Subpart P - ETHICS › Section 8.5060 - Prohibited Bidders and Contractors

Current through Register Vol. 48, No. 28, July 12, 2024
a) Unless otherwise provided, no business
				shall bid or enter into a contract or subcontract if the business or any
				officer, director, partner, or other managerial agent of the business has been
				convicted of a felony under the Sarbanes-Oxley Act of 2002 (
				PL
				107-204 ) or a Class 3 or Class 2 felony under the
				Illinois Securities Law of 1953for a period of 5 years from the date of
				conviction.
b) Every bid submitted
				to and contract executed by the State and every subcontract subject to Section
				20-120 of the Code shall contain a certification by the bidder, contractor, or
				subcontractor, respectively, that the bidder, contractor, or subcontractor is
				not barred from being awarded a contract or subcontract under this Section and
				acknowledges that the chief procurement officer shall declare the related
				contract void if any of the certifications pursuant to this subsection (b) are
				false. [30 ILCS
				500/50-10.5]
c) A person or business that contracts with a
				State agency to write specifications for a particular procurement may not
				submit a bid or proposal or receive a contract or subcontract for that
				procurement.
d) Bids determined to
				be non-responsive in accordance with this Section are subject to the review and
				approval of the CPO.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 8 - CHIEF PROCUREMENT OFFICER FOR THE CAPITAL DEVELOPMENT BOARD › Subpart Q - COOPERATIVE PURCHASING › Section 8.5400 - General

Current through Register Vol. 48, No. 28, July 12, 2024
All cooperative/joint procurement activities and contracts
				  must be approved by the CPO.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 8 - CHIEF PROCUREMENT OFFICER FOR THE CAPITAL DEVELOPMENT BOARD › Subpart Q - COOPERATIVE PURCHASING › Section 8.5420 - Governmental Joint Purchasing Act Contracts

Current through Register Vol. 48, No. 28, July 12, 2024
State and other governmental units (including not-for-profit
				  entities authorized by law to participate in joint purchasing) may agree to use
				  each others' procurement contracts. This authority is governed by this Subpart
				  and the Governmental Joint Purchasing Act.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 8 - CHIEF PROCUREMENT OFFICER FOR THE CAPITAL DEVELOPMENT BOARD › Subpart Q - COOPERATIVE PURCHASING › Section 8.5440 - Non-Governmental Joint Purchasing

Current through Register Vol. 48, No. 28, July 12, 2024
a) The CPO may authorize one or more State
				agencies to enter into joint procurement agreements with non-governmental
				entities, including, without limitation, consortiums of government entities,
				not-for-profit entities and commercial entities.
b) If the authorized State agency acts as the
				lead agency, the procurement shall be conducted in accordance with the Code and
				this Part.
c) If the authorized
				State agency acts as a participant in an agreement in which a non-governmental
				entity acts as lead agency, the State agency shall provide supplementary
				advertising in the Bulletin, as required by the Code, and shall include in the
				solicitation by the lead agency Code requirements or, if not possible, these
				requirements shall be included in the resulting contract.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 8 - CHIEF PROCUREMENT OFFICER FOR THE CAPITAL DEVELOPMENT BOARD › Subpart Q - COOPERATIVE PURCHASING › Section 8.5460 - No Agency Relationship

Current through Register Vol. 48, No. 28, July 12, 2024
In any cooperative/joint purchasing situation, each
				  participant must issue its own purchase order, accept its own deliveries and
				  make its own payments. No State agency shall have any obligation to the vendor
				  for payment of orders placed by other participants.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 8 - CHIEF PROCUREMENT OFFICER FOR THE CAPITAL DEVELOPMENT BOARD › Subpart R - SUSPENSION AND DEBARMENT › Section 8.5560 - Suspension and Debarment

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				This Part applies to all debarments or suspensions of vendors from
				consideration for award of contracts under the Code. For the purposes of this
				Part, all references to "vendors" includes subcontractors. This Part provides
				for general provisions for suspension and debarment recommendation by CDB and
				approval by the CPO as authorized by Sections 20-75 and 50-65 of the Code and
				under the jurisdiction of the CPO. A vendor may be suspended or debarred by the
				CPO due to acts or omissions that indicate that the vendor lacks integrity and
				honesty in the conduct of business or the performance of contracts. Acts or
				omissions that indicate the lack of business integrity and honesty include, but
				are not limited to:
1) fraud, bribery,
				embezzlement, theft, collusion, conspiracy, anti-competitive activity or other
				misconduct and offenses prohibited by law, whether or not the misconduct or
				offense is in connection with a CDB contract or subcontract;
2) making a material false statement in any
				procurement documents, including the application for prequalification or any
				forms or affidavits required as part of the procurement or prequalification
				process;
3) materially violating
				any rule or procurement procedure or making a material false statement in
				connection with any rules or procurement procedures of CDB;
4) making a material false statement,
				representation, claim or report respecting the character, quality, quantity or
				cost of any work performed or materials furnished in connection with a contract
				or subcontract administered or supervised by CDB;
5) doing business with a suspended contractor
				or subcontractor in connection with a contract or subcontract of CDB;
6) being debarred or suspended by another
				agency of this State or the United States; or
7) violation of the Code or this Part or
				failure to conform to specifications or terms of delivery;
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 8 - CHIEF PROCUREMENT OFFICER FOR THE CAPITAL DEVELOPMENT BOARD › Subpart S - VIOLATION OF STATUTE OR RULE › Section 8.5620 - Violation of Statute or Rule

Current through Register Vol. 48, No. 28, July 12, 2024
a) Determination that Solicitation or Award
				Violates Statute or Rule
If CDB determines or suspects that the solicitation or
				  proposed award is in violation of statute or rule, it shall report the
				  circumstances to the CPO or SPO. If the CPO or the SPO finds that the
				  solicitation or proposed award is in violation of statute or rule, he or she
				  shall report the circumstances to CDB and the CPO or SPO may cancel the
				  solicitation or proposed award, or make modifications to correct the violation,
				  if the correction may be legally accomplished.
b) Determination that Contract Violates the
				Code or 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 or affirmed,
				provided the CPO determines that ratification is in the best interest of the
				State. If the contract is ratified and affirmed, it shall be without prejudice
				to the State's right to any appropriate damages.
2) If, during the term of a contract, the SPO
				determines that the contractor is delinquent in the payment of debt as set
				forth in Section 50-11 of the Code, the CPO may declare the contract void if it
				determines that voiding the contract is in the best interest of the
				State.
3) If, during the term of a
				contract, the CPO learns from an annual certification or otherwise determines
				that the contractor or subcontractor 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 interest of the State. If the voiding is the result
				of an action taken by a subcontractor, the contract shall not be void as long
				as the contractor terminates the subcontract.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 8 - CHIEF PROCUREMENT OFFICER FOR THE CAPITAL DEVELOPMENT BOARD › Subpart T - HEARING PROCEDURES › Section 8.5700 - General

Current through Register Vol. 48, No. 28, July 12, 2024
Any hearing conducted by the CPO office, as required by the
				  Code or offered in this Part, shall be conducted in accordance with the
				  procedures within this Subpart.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 8 - CHIEF PROCUREMENT OFFICER FOR THE CAPITAL DEVELOPMENT BOARD › Subpart T - HEARING PROCEDURES › Section 8.5710 - Informal Process

Current through Register Vol. 48, No. 28, July 12, 2024
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.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 8 - CHIEF PROCUREMENT OFFICER FOR THE CAPITAL DEVELOPMENT BOARD › Subpart T - HEARING PROCEDURES › Section 8.5720 - Hearing Officers

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				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.
b) The Hearing Officer may require that the
				SPO or authorized representative of CDB attend a hearing or be part of the
				hearing.
c) 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 that is
				the subject matter of the hearing.
d) The Hearing Officer shall be responsible
				for the orderly conduct of the hearing by exercising discretion in:
1) Scheduling, starting and ending the
				hearing;
2) Setting the order of
				activities;
3) Setting reasonable
				time limits for oral statements;
4)
				Resolving any conflicts that may arise during the hearing.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 8 - CHIEF PROCUREMENT OFFICER FOR THE CAPITAL DEVELOPMENT BOARD › Subpart T - HEARING PROCEDURES › Section 8.5730 - Notice of Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Notice that a hearing will be held as necessary to receive testimony or written
				comments regarding the subject matter identified in the notice will be
				published in the Bulletin. The hearing notice shall be published in the
				Bulletin as soon as practicable and in accordance with any statutory
				requirements.
b) The hearing may be
				held as soon as the end of the notice period. The notice shall contain the
				following information and may describe more than one matter to be considered at
				the same hearing:
1) The name of the affected
				parties (e.g., State agency and vendor);
2) A description of the subject
				matter;
3) A justification for the
				action under review;
4)
				Requirements for testifying or submitting written comments;
5) Hearing contact information;
6) The date, time and location of the
				hearing;
7) A statement that all
				written comments and oral testimony shall be considered public record and open
				to review by the public;
8) A
				statement of, or reference to, this hearing procedure.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 8 - CHIEF PROCUREMENT OFFICER FOR THE CAPITAL DEVELOPMENT BOARD › Subpart T - HEARING PROCEDURES › Section 8.5740 - Written Comments and Oral Testimony

Current through Register Vol. 48, No. 28, July 12, 2024
Interested parties wishing to comment may do so in writing
				  alone, may testify in person and may submit written comments reflecting the
				  oral testimony.
a) Written Comments
1) Submission of Written Comments
Written comments are requested by the hearing registration
				  deadline, shown in the Bulletin notice. All written comments received by the
				  hearing date will be considered.
2) Incorporation of Written Comments
If the Hearing Officer has received any written comment, the
				  name and affiliation of the person submitting the comment shall be stated for
				  the record and the written comments shall be incorporated into the record. In
				  addition, the Hearing Officer may read excerpts from or summarize the basic
				  points of the written comments for the record.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 8 - CHIEF PROCUREMENT OFFICER FOR THE CAPITAL DEVELOPMENT BOARD › Subpart U - MISCELLANEOUS PROVISIONS OF GENERAL APPLICABILITY › Section 8.7000 - 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 8 - CHIEF PROCUREMENT OFFICER FOR THE CAPITAL DEVELOPMENT BOARD › Subpart U - MISCELLANEOUS PROVISIONS OF GENERAL APPLICABILITY › Section 8.7010 - Government Furnished Property

Current through Register Vol. 48, No. 28, July 12, 2024
If the State provides any property to the vendor in
				  furtherance of the contract, the 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 unconsumed property to the
				  State.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 8 - CHIEF PROCUREMENT OFFICER FOR THE CAPITAL DEVELOPMENT BOARD › Subpart U - MISCELLANEOUS PROVISIONS OF GENERAL APPLICABILITY › Section 8.7015 - Inspections

Current through Register Vol. 48, No. 28, July 12, 2024
a) Inspection of Plant
				or Site
The CPO or a designee may enter a vendor's or subcontractor's
				  plant or place of business, subject to any implementing contract provisions,
				  to:
1) inspect supplies or services
				for acceptance by the State agency;
2) audit the books and records of the vendor
				or subcontractor;
3) investigate an
				action to debar or suspend a person from consideration for award of contracts
				pursuant to the Code;
4) determine
				whether the standards of responsibility have been met or are capable of being
				met;
5) determine if the contract
				is being performed in accordance with its terms; and
6) accomplish any other purpose permitted by
				law.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 8 - CHIEF PROCUREMENT OFFICER FOR THE CAPITAL DEVELOPMENT BOARD › Subpart V - PREQUALIFICATION › Section 8.8001 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
CDB contracts and agreements shall be awarded only to
				  responsible A/E, contractors, construction managers and design-build entities
				  comprised of vendors and are subject to the authority of the CPO. Prospective
				  A/Es, contractors, construction managers and individual vendors that constitute
				  design-build entities must affirmatively demonstrate responsibility, including,
				  when necessary, the responsibility of proposed subcontractors and suppliers. In
				  the absence of information clearly indicating that prospective A/Es, and
				  contractors are responsible, CDB shall make a determination of
				  non-responsibility. Only responsible A/Es, contractors, construction managers
				  and individual vendors that constitute design-build entities shall be
				  prequalified, and only those prequalified shall be permitted to bid on CDB
				  projects. A determination of non-responsibility may be made at any time prior
				  to or after award of a contract.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 8 - CHIEF PROCUREMENT OFFICER FOR THE CAPITAL DEVELOPMENT BOARD › Subpart V - PREQUALIFICATION › Section 8.8005 - Policy

Current through Register Vol. 48, No. 28, July 12, 2024
a) As a general
				proposition, except in instances of statutory exceptions, CDB shall award
				contracts in conformance with the Code. Construction contracts will be awarded
				to the lowest responsible and responsive bidder. However, award of a contract
				based on the lowest price alone can be false economy if there is subsequent
				default, late deliveries or other unsatisfactory performance resulting in
				additional contractual or administrative costs. While it is important that
				Government purchases be made at the lowest price, the best interest of the
				State do not always require an award solely based on price.
b) Construction management services contracts
				will be awarded in compliance with Article 33 of the Code. A/E contracts will
				be awarded based on the requirements of the QBS Act. Design-build contracts
				will be awarded based on the Design-Build Procurement Act.