Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1 - CHIEF PROCUREMENT OFFICER FOR GENERAL SERVICES STANDARD PROCUREMENT › Subpart A - GENERAL › Section 1.15 - Definition of Terms Used in This Part

Current through Register Vol. 48, No. 28, July 12, 2024
As used throughout this Part, terms defined in the Illinois
				  Procurement Code shall have the same meaning as in the Code and as further
				  defined in this Section, and each term listed in this Section shall have the
				  meaning set forth unless its use clearly requires a different meaning. Terms
				  may be defined in particular Sections for use in that Section.
"Amendment" - A written modification to a contract. For
				  example, an amendment may memorialize an action authorized by specific language
				  in the contract (e.g., exercise of an option or showing price decrease or
				  increase based on CPI), or may memorialize non-material changes (e.g., change
				  in names of notice contacts or number of periodic status meetings). A "change
				  order" is an amendment, but an amendment is not always a "change order".
"BEP Act" means Business Enterprise for Minorities, Women and
				  Persons with Disabilities Act [30 ILCS 575 ]
"BEP Council"
means the Business Enterprise Council
				  for Minorities, Women and Persons with Disabilities created under Section 5 of
				  the
BEP
Act
. [30
				  ILCS 575/2 ]
"Bid" - The response to an Invitation for Bids.
"Brand Name or Equal Specification" - A specification that
				  uses one or more manufacturer's names or catalogue numbers to describe the
				  standard of quality, performance, and other characteristics needed to meet
				  State requirements, and that allows the submission of equivalent
				  products.
"Brand Name Specification" - A specification limited to one
				  or more items by manufacturers' names or catalogue numbers.
"Building Services" - Repairs to or maintenance of the
				  structure, but does not include janitorial or window washing services.
"Bulletin" or "BidBuy" - The volume of the Illinois
				  Procurement Bulletin under the authority of the CPO-GS, unless the context
				  clearly means the volume of another CPO or the Illinois Procurement Bulletin
				  generally.
"Business Enterprise Program" means the Business
				  Enterprise Program of the Commission on Equity and Inclusion.
[30
				  ILCS 575/2 ]
"Change Order" -
A change in a contract term, other
				  than as specifically provided for in the contract, that authorizes or
				  necessitates any increase or decrease in the cost of the contract or the time
				  to completion.
[720 ILCS
				  5/33E-2(c) ] As used in this Part, "a
				  change in a contract term" includes increases or decreases to estimated
				  contracts, even if the change does not require modification to the
				  contract.
"Chief Procurement Officer" or "CPO-GS" - The Chief
				  Procurement Officer for General Services, as created by Section 10-20(4) of the
				  Code or a designee.
"Code" - The Illinois Procurement Code [30 ILCS 500 ].
"Concession" - The right granted by a license, lease or other
				  agreement to use State property, and sell directly or indirectly to the public,
				  whether tangible or intangible. Also includes the right to engage in a certain
				  activity on the lessor's property (e.g., a refreshment or parking
				  concession).
"Construction Agency" -
The Capital Development Board
				  for construction or remodeling of State-owned facilities; the Illinois
				  Department of Transportation for construction or maintenance of roads,
				  highways, bridges, and airports; the Illinois Toll Highway Authority for
				  construction or maintenance of toll highways; the Illinois Power Agency for
				  construction, maintenance, and expansion of Agency-owned facilities, as defined
				  in Section 1-10 of the Illinois Power Agency Act; and any other State agency
				  entering into construction contracts as authorized by law or by delegation from
				  the
appropriate
Chief Procurement Officer.
[30 ILCS
				  500/1-15.25 ]
"Construction Support" - Equipment, supplies and services
				  necessary to the operation of a construction agency's construction program, but
				  does not include construction-related services.
"Contract" -
All types of State agreements, including
				  change orders and renewals, regardless of what they may be called, for the
				  procurement, use, or disposal of supplies, services, professional or artistic
				  services, or construction or for leases of real property, whether the State is
				  lessor or lessee, or capital improvements, and including master contracts,
				  contracts for financing through use of installment or lease-purchase
				  arrangements, renegotiated contracts, amendments to contracts, and change
				  orders.
[30 ILCS 500/1-15.30 ]
				  The term "contract" includes, but is not limited to, any extension, purchase,
				  installment purchase, lease, rental, no-cost, and concession contracts. The
				  term contract, as used in the Code and this Part, does not include: supplies or
				  services the terms governing which are established by tariff of the Illinois
				  Commerce Commission or the Federal Communications Commission and for which
				  there is no authorized competition, bond or contracts related to bonds issued
				  by or on behalf of a State agency when the contractor or vendor is neither
				  selected nor paid by the State agency.
"Contract Award" - Except as otherwise defined in this Part
				  for specific categories of procurements, the determination that a particular
				  vendor has been selected from among other potential vendors to receive a
				  contract, subject to the successful completion of final negotiations. Contract
				  award is evidenced by the posting of a Notice to Award or a Notice of Intent to
				  Award to the respective Bulletin after all State agency-required and SPO
				  approvals have been obtained.
"Contractor" or "Vendor" - Any person having a contract with
				  a State agency to furnish supplies, services or construction for an agreed upon
				  price. The terms contractor and vendor are used interchangeably for purposes of
				  the Code and this Part. The term shall also include subcontractors.
"Designee" - A person or category of persons identified by
				  the CPO-GS or an SPO, in writing, to exercise procurement authority or to
				  assist with the procurement process. A designee acts under procurement
				  authority of the CPO-GS or SPO and has the responsibility for taking
				  procurement actions in accordance with applicable laws, rules and policies, as
				  limited by the terms of the delegation.
"Domestic Product" - A product that meets the requirements of
				  the Procurement of Domestic Products Act [30 ILCS 5/7 ].
"Electronic Procurement" or "eProcurement" - Conducting all
				  or some of the procurement function through a uniform, interactive, and secure
				  electronic system.
"Emergency Contract Award" - For purposes of an emergency
				  contract, an emergency contract is awarded on the earlier of the date a State
				  agency communicates to a vendor to start work, publication on the Bulletin
				  identifying the vendor of the required supplies or services, or the date the
				  contract is signed by both parties.
"Emergency Statement" - The statement filed with the
				  Procurement Policy Board and the Auditor General setting forth the actual or
				  estimated amount expended, the name of the contractor involved, and the
				  conditions and circumstances requiring the emergency procurement.
"Estimated Cost" - The amount expected to be paid by the
				  State for a procurement transaction. It is representative of all known work and
				  may include potential and expected unscheduled work arising out of the
				  requirements, i.e., the total estimated contract value, but is not considered
				  the maximum cost.
"Evaluation Criteria" - The requirements for the selection
				  process, which may include the specialized experience, technical qualifications
				  and competence, capacity to perform, past performance, experience with similar
				  projects, assignment of personnel to the project, and other appropriate
				  factors.
"Germane" - Closely or significantly related to, arising out
				  of, or directly incidental to the original contract. Additional work or
				  materials that are a substantial departure from the nature, scope or scale of
				  the original contract are not germane.
"Grant" -
The furnishing by the State of assistance,
				  whether financial or otherwise, to any person to support a program authorized
				  by law. It does not include an award the primary purpose of which is to procure
				  an end product for the direct benefit or use of the State agency making the
				  grant, whether in the form of goods, services, or construction. A contract that
				  results from such an award is not a grant and is subject to
the
Code.
[30 ILCS
				  500/1-15.42 ] When a grantor provides a grant to a
				  State agency with a stipulation that the State agency issue subgrants to named
				  persons, the subgrant or subcontract award is also a grant and the subgrantee
				  or subcontractor is made an agent of the grantor.
"Grounds Services" - Lawn care, landscaping and snow and ice
				  removal services.
"Invitation for Bids" or "IFB" -
The process by which
				  a purchasing agency requests information from bidders, including all documents,
				  whether attached or incorporated by reference, used for soliciting
				  bids.
[30 ILCS
				  500/1-15.45 ] Also referred to as Competitive Sealed
				  Bidding.
"Items" - Anything that may be procured under the Code and
				  this Part.
"Master Contract" -
A definite quantity or indefinite
				  quantity contract awarded pursuant to
the
Act against which
				  subsequent orders may be placed to meet the needs of a governmental unit or
				  qualified not-for-profit agency.
[30 ILCS
				  525/1 ]
A master contract may be for use by a
				  single State purchasing entity or for multiple State purchasing entities and
				  other entities as authorized under the Governmental Joint Purchasing
				  Act.
[30 ILCS
				  500/1-15.47 ].
"Multiple Award" -
An award that is made
by
				  a State agency
to 2 or more bidders or offerors for similar
				  supplies,
services, or construction-related services
for the State agency. [30 ILCS
				  500/1-15.48 ]
"Natural Resources Services" - These are services provided to
				  the Department of Natural Resources or the Historic Preservation Agency.
				  Services consist of non-supervisory activities of a routine, repetitive,
				  non-discretionary nature not needing special expertise, training or education.
				  These services include, but are not limited to, assisting in the operation of
				  tree nurseries, fish hatcheries, game farms and sanctuaries; cleaning and
				  maintenance of specialized facilities; repairing fences and building cages;
				  mowing; and trail and ancillary facility repair.
"Offer" or "Proposal" - The response to a Request for
				  Proposal or Request for Information for real estate or capital improvement
				  leases.
"Protest Review Office" - The office designated in the
				  solicitation document to which protests must be directed. This office will
				  respond to or coordinate the response to the protest.
"Purchase of Care" -
A contract with a person for the
				  furnishing of medical, educational, psychiatric, vocational, rehabilitative,
				  social, or human services directly to a recipient of a State aid
				  program.
[30 ILCS
				  500/1-15.68 ] Purchase of care includes the furnishing
				  of services directly to recipients of State aid programs or applicants for a
				  State aid program. Purchase of care contracts may include some services that
				  are administrative in nature, as long as the contract primarily provides direct
				  care to recipients of State aid programs. Examples of purchase of care
				  contracts include, but are not limited to, contracts related to care
				  coordination programs under Title XIX of the Social Security Act, including
				  contracts with managed care organizations; primary care case management
				  services; prepaid ambulatory health plans; prepaid inpatient health plans and
				  direct care services provided under the Children and Family Services Act [20
				  ILCS 505 ]. Contracts that do not pertain to direct services to State aid
				  recipients or that are primarily administrative in nature exceed the scope of
				  the definition of a purchase of care contract and are not exempt from the
				  requirements of the Code.
"Purchasing Agency" -
A State agency that enters into
				  a contract at the direction of a State purchasing officer authorized by a Chief
				  Procurement Officer or
the direction of
a Chief Procurement
				  Officer.
[30 ILCS
				  500/1-15.70 ]
"Qualified Products List" - An approved list of supplies
				  described by model or catalog numbers that, prior to competitive solicitation,
				  the State has determined will meet the applicable specification
				  requirements.
"Quotation" or "Quote" - An informal purchasing process that
				  solicits pricing information.
"Renewal" - Except for real property and capital improvement
				  leases, an agreement between the parties to a contract to authorize an
				  additional contract period under the terms and conditions of the renewal
				  provision in the original contract.
"Request for Information" or "RFI" - The process of
				  requesting information from interested parties to aid the State in decision
				  making. This type of RFI is not a procurement method and will not result in a
				  participant receiving a contract.
"Request for Information for Real Property or Capital
				  Improvement Leases" or "RFI-Real Property Leases" - The process of seeking
				  proposals for leases of real property or capital improvements as outlined under
				  Article 40 of the Code.
"Request for Proposals" or "RFP" -
The process by
				  which a purchasing agency requests information from offerors, including all
				  documents, whether attached or incorporated by reference, used for soliciting
				  proposals.
[30 ILCS
				  500/1-15.75 ]
"Request for Qualifications" - The process of seeking
				  statements of qualifications from vendors for a pre-qualified pool from which
				  subsequent written submissions to the pre-qualified pool describe the specific
				  supplies or services the CPO-GS or State agency require.
"Requesting Agency" - The agency that requests that the CPO
				  or SPO conduct a procurement for its use.
"Responsible Bidder" or "Offeror" -
A person who has
				  the capability in all respects to perform fully the contract requirements
				  and
who has
the integrity and reliability that will assure
				  good faith performance. A responsible bidder or offeror shall not include a
				  business or other entity that does not exist as a legal entity at the time a
				  bid or proposal is submitted for a State contract.
[30
				  ILCS 500/1-15.80 ]
"Responsive Bidder" -
A person who has submitted a
				  bid that conforms in all material respects to the
Invitation for Bids.
				  [30 ILCS
				  500/1-15.85 ]
"Responsive Offeror" - A person who has submitted an offer
				  that conforms in all material respects to the Request for Proposals.
"Responsive Respondent" - A person who has submitted a
				  response that conforms in all material respects to the Request for Information
				  for real property and capital improvement leases.
"Scoring Tool" - The document used to record the method used
				  by the individuals evaluating the responses to a solicitation to judge
				  qualifications or otherwise show whether or how well the responses met
				  requirements set forth in the solicitation.
"Services" -
The furnishing of labor, time, or effort
				  by a contractor, not involving the delivery of a specific end product other
				  than reports or supplies that are incidental to the required
				  performance
and financing. [30 ILCS
				  500/1-15.90 ]
"Site Technician Services" - These are services provided to
				  the Department of Natural Resources or the Historic Preservation Agency. These
				  services consist of non-supervisory activities of a routine, repetitive,
				  non-discretionary nature not needing special expertise, training or education.
				  These services include, but are not limited to, the maintenance of the site,
				  including operating small farm-type equipment and trucks that do not require a
				  Class C or D driver's license.
"Solicitation" - The document (e.g., IFB, RFP or RFI-real
				  property lease) posted to the Bulletin requesting interested parties to submit
				  a bid, offer or response for evaluation by the State. A small purchase request
				  for quotation and a request for information to determine if there is any
				  interest on the part of a State agency in the supplies or services of a vendor
				  or vendors, or on the part of a vendor or vendors in providing the supplies or
				  services, are not considered a solicitation.
"Specification for a Common or General Use Item" - A
				  specification that has been developed and approved for repeated use in
				  procurements.
"Specifications" -
Any description, provision, or
				  requirement pertaining to the physical or functional characteristics or of the
				  nature of a supply, service, or other item to be procured under a contract.
				  Specifications may include a description of any requirement for inspecting,
				  testing, or preparing a supply, service, professional or artistic service,
				  construction, or other item for delivery.
[30 ILCS
				  500/1-15.95 ]
"State" - The State of Illinois, a State agency as defined in
				  this Section, and all officers and employees of the foregoing, as appropriate,
				  collectively or individually.
"State Agency" - Generally the term "State agency"
includes all boards, commissions, agencies, institutions, authorities,
				  and bodies politic and corporate of the State, created by or in accordance with
				  the constitution or statute, of the executive branch of State government.
				  However, this term does not apply to public employee retirement systems or
				  investment boards that are subject to fiduciary duties imposed by the Illinois
				  Pension Code
[40 ILCS 5 ]
or to the University of Illinois
				  Foundation. "State agency" does not include units of local government, school
				  districts, community colleges under the Public Community College Act
[110 ILCS 805 ]
, and the Illinois Comprehensive Health Insurance
				  Board.
[30 ILCS 500/1-15.100
				  ] For purposes of this Part, however, only those State agencies that are under
				  the jurisdiction of the CPO-GS are encompassed by the term State agency.
"State Purchasing Officer" or "SPO" - A person appointed by
				  the CPO-GS pursuant to Section 10-10 of the Code and assigned to exercise
				  procurement authority at the direction of the CPO-GS.
"State Witness" - An employee of the procuring agency, who
				  observes the opening of sealed bids, proposals, responses or submissions. In
				  the eProcurement system, the system may serve as the State witness.
"Subcontract" -
A contract between a person and
				  another person who has a contract subject to the Code, pursuant to which the
				  subcontractor provides to the contractor, or another subcontractor, some or all
				  of the goods, services, real property, remuneration, or other monetary forms of
				  consideration that are the subject of the primary contract and includes, among
				  other things, subleases from a lessee of a State agency.
[30 ILCS 500/1-15.107
				  ]
"Subcontractor" -
A person or entity who enters into
				  a contractual agreement with a total value of $50,000 or more with a person or
				  entity who has a contract subject to the Code pursuant to which the person or
				  entity provides some or all of the goods, services, real property,
				  remuneration, or other monetary forms of consideration that are the subject of
				  the primary State contract, including subleases from a lessee of a State
				  contract.
[30 ILCS
				  500/1-15.108 ]
"Subfactor" - A subset of a main evaluation factor. Main
				  evaluation factors are identified in the solicitation. Subfactors that are
				  separately evaluated within a factor are also identified in the
				  solicitation.
"Supplies" -
All personal property, including but not
				  limited to equipment, materials, printing, and insurance, and the financing of
				  those supplies.
[30 ILCS
				  500/1-15.110 ]
"Suspension" - Prohibiting a vendor from submitting bids,
				  offers, responses, submissions or quotes and from entering into a contract for
				  a definite period of time and prohibiting a subcontractor from performing work
				  on a State contract.
"Unsolicited Bid" or "Unsolicited Offer" or "Unsolicited
				  Proposal" - Any bid, offer or proposal other than one submitted in response to
				  a solicitation.
"Value" - The price the State agency will pay the
				  vendor.
"Written Determination" - Approval or disapproval in the
				  eProcurement system.