reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 4 - CHIEF PROCUREMENT OFFICER FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION STANDARD PROCUREMENT › Subpart N - PREFERENCES › Section 4.4535 - Qualified Not-for-Profit Agencies for Persons with Significant Disabilities

Current through Register Vol. 48, No. 28, July 12, 2024
a) Contracts issued under this Section with
				qualified not-for-profit agencies for persons with significant disabilities
				should promote employment and training opportunities for persons with
				significant disabilities while meeting the needs of the university. "Qualified
				Not-for-Profit Agencies" are certified work centers or accredited vocational
				programs as defined in Section 45-35(a) of the Code.
1) Subject to the requirements of this
				Section, a university may procure supplies and services from a qualified
				not-for-profit agency and may do so without having to provide prior notice on
				the Bulletin or having to seek competition. The qualified not-for-profit agency
				must meet the specifications and needs of the using university and must agree
				to a fair and reasonable price.
2)
				Except for small purchases, a proposed contract with a qualified not-for-profit
				agency must be approved by the SPO.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 4 - CHIEF PROCUREMENT OFFICER FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION STANDARD PROCUREMENT › Subpart N - PREFERENCES › Section 4.4540 - Gas Mileage, Flex-Fuel, Biodiesel and Hybrid Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
Sections 25-75 and 45-40 of the Illinois Procurement Code
				  impose requirements applicable to the purchase and, in some situations, the
				  lease of passenger vehicles. These requirements are:
a) Section 25-75 (Flex Fuel, Hybrid or
				Biodiesel)
1) Gasoline Power. All gasoline
				powered automobiles and light trucks purchased with State funds must be
				flexible fuel or fuel efficient hybrid vehicles. Station wagons, SUVs and
				crossovers, vans (including mini-vans), four-wheel drive (including AWD)
				vehicles, emergency vehicles, and police and fire vehicles are not exempt.
A) Flexible fuel vehicles are automobiles or
				light trucks that operate on either gasoline or E-85 (85% ethanol, 15%
				gasoline) fuel.
B) Fuel efficient
				hybrid vehicles are automobiles or light trucks that use a gasoline or diesel
				engine and an electric motor to power and gain a minimum of 20% increase in
				combined USEPA city/highway fuel economy over an equivalent or most-similar
				conventionally-powered model.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 4 - CHIEF PROCUREMENT OFFICER FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION STANDARD PROCUREMENT › Subpart N - PREFERENCES › Section 4.4545 - Small Businesses

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Authority to Establish Small Business Set-Aside
The CPO-HE, in consultation with the universities, may
				  determine categories of construction, supplies or service procurements that
				  will be set aside for small businesses in Illinois. A set-aside designation
				  shall be for a stated period of time. An SPO, in consultation with a
				  university, may determine to set aside for small business individual contracts
				  not in a set-aside category. A set-aside may be established for competitive
				  solicitations or for small purchases.
b) Certified Small Business List
The CPO-HE, in consultation with the universities, may
				  develop its own list, or may use a list maintained by another CPO, of vendors
				  that meet the criteria of small business.
c) Contract Set-Aside
1) Any procurement proposed for set-aside to
				small businesses shall be so identified in the Bulletin notice and the
				solicitation documents. Bids or proposals received from large businesses will
				be rejected as nonresponsive. Vendors desiring to submit bids or proposals or
				to otherwise contract for items set aside for small businesses must be
				certified as a small business by one or more CPOs or shall submit information
				as specified verifying that the vendor qualifies as a small business under this
				Part. A business that fits the definition of small on the day of award or
				proposal opening will be considered small for the duration of the
				contract.
2) When conducting a
				small purchase in a set-aside category, the university shall consult the list
				of certified small businesses and shall solicit at least three vendors under
				the commodity codes or classifications representing the supplies or services
				being solicited. Vendors outside a reasonable geographic area need not be
				contacted.
3) The SPO may waive the
				requirement for set-aside on individual transactions based upon a request from
				the university that a set-aside is not conducive to meeting its need.
4) Withdrawal of Set-Aside
If the SPO determines that acceptance of the best bid or
				  proposal will result in the payment of an unreasonable price, the SPO may
				  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 Bulletin with an explanation.
				  After withdrawal of the small business set-aside, the procurement shall be
				  conducted in accordance with this Part but without the small business
				  designation.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 4 - CHIEF PROCUREMENT OFFICER FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION STANDARD PROCUREMENT › Subpart N - PREFERENCES › Section 4.4550 - Illinois Agricultural Products

Current through Register Vol. 48, No. 28, July 12, 2024
In awarding contracts requiring the procurement of
				  agricultural products, preference may be given to an otherwise qualified bidder
				  or offeror who will fulfill the contract through the use of agricultural
				  products grown in Illinois. [30 ILCS
				  500/45-50 ]
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 4 - CHIEF PROCUREMENT OFFICER FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION STANDARD PROCUREMENT › Subpart N - PREFERENCES › Section 4.4555 - Corn-Based Plastic Products

Current through Register Vol. 48, No. 28, July 12, 2024
In awarding contracts requiring the procurement of plastic
				  products, preference may be given to an otherwise qualified bidder or offeror
				  who will fulfill the contract through the use of plastic products made from
				  Illinois corn by-products. [30 ILCS
				  500/45-55 ]
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 4 - CHIEF PROCUREMENT OFFICER FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION STANDARD PROCUREMENT › Subpart N - PREFERENCES › Section 4.4557 - Veterans and Service-Disabled Veterans

Current through Register Vol. 48, No. 28, July 12, 2024
In furtherance of the goal established by Section 45-57 of
				  the Code, the CPO may make available information regarding the availability of
				  small businesses owned by veterans and service-disabled veterans to the
				  universities and to other vendors interested in doing business with the
				  universities.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 4 - CHIEF PROCUREMENT OFFICER FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION STANDARD PROCUREMENT › Subpart N - PREFERENCES › Section 4.4570 - Contracting with Businesses Owned and Controlled by Minorities, Women, and Persons with Disabilities

Current through Register Vol. 48, No. 28, July 12, 2024
Procurements made under the Code are subject to the
				  requirements of the Business Enterprise for Minorities, Women, and Persons with
				  Disabilities Act [ 30 ILCS 575 ]. Each university is responsible for
				  establishing goals and taking other action in accordance with the Act, such as
				  ensuring specifications are written to minimize barriers to participation and
				  that diverse vendors are included in solicitation outreach and training. Each
				  solicitation conducted by a university, regardless of the source selection
				  method, shall take into account the goals and policies set forth in the Act and
				  any other laws of the State.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 4 - CHIEF PROCUREMENT OFFICER FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION STANDARD PROCUREMENT › Subpart N - PREFERENCES › Section 4.4575 - Domestic Products

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				This Section applies unless an exception is provided by statute or, in the case
				of a small, emergency or sole economically feasible source situation.
b) This Section applies to supplies purchased
				by the university that have undergone some manufacturing process that changes
				the raw material or components into a different product. The following examples
				show how to interpret this Section:
1) If the
				university needs grain, this Section would not apply because the university
				would be asking for a raw material.
2) If the university needs flour, the
				purchase would be subject to this Section as the flour was subject to a
				manufacturing process. The grain used in manufacturing the flour would not be
				subject to any domestic restriction.
3) If the university needs bread, the bread
				would be subject to this Section. The grain and flour used in creating the
				bread would not be subject to any domestic restriction.
4) An item assembled domestically with
				components manufactured in another country is still considered a domestic
				product.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 4 - CHIEF PROCUREMENT OFFICER FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION STANDARD PROCUREMENT › Subpart N - PREFERENCES › Section 4.4578 - Bio-Based Products

Current through Register Vol. 48, No. 28, July 12, 2024
When a State contract is to be awarded to the lowest
				  responsible bidder, an otherwise qualified bidder who will fulfill the contract
				  through the use of bio-based products may be given preference over other
				  bidders unable to do so, provided that the cost included in the bid of
				  bio-based products is not more than 5% greater than the cost of products that
				  are not bio-based. [30 ILCS
				  500/45-75 ]
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 4 - CHIEF PROCUREMENT OFFICER FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION STANDARD PROCUREMENT › Subpart N - PREFERENCES › Section 4.4595 - HUBZone Business Contracts

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				This Section applies unless an exception is provided by statute or, in the case
				of a small, emergency or sole economically feasible source
				procurement.
b) Specifications
				shall include a reference to the preference established in this
				Section.
c) The preference shall be
				as follows:
1) The low bid or most
				advantageous proposal shall be identified without regard to whether the vendor
				is a qualified HUBZone small business concern.
2) If the low bid or most advantageous
				proposal does not contain a certification that the vendor is a qualified
				HUBZone small business concern, then any responsive and responsible vendor that
				has made that certification and is within 2% of the low bid or most
				advantageous proposal's price shall be evaluated as though its price was 2%
				lower, subject to a maximum dollar value of $50,000.
3) The winning vendor will be determined
				after application of the preference.
4) Notwithstanding the preference outlined in
				this subsection (c), if the appropriate SPO determines that the price
				differential calculated using the preference is not acceptable given the
				particular procurement and the economic circumstances, the award may be
				conditioned on receipt of an acceptable price reduction. If the price cannot be
				reduced to an acceptable level, the original low priced or most advantageous
				proposal may be selected for award.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 4 - CHIEF PROCUREMENT OFFICER FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION STANDARD PROCUREMENT › Subpart O - ETHICS › Section 4.5002 - Continuing Disclosures; False Certification

Current through Register Vol. 48, No. 28, July 12, 2024
a) All contractors and subcontractors have a
				continuing obligation to supplement the disclosures and certifications required
				by this Section for the duration of the contract and shall immediately report
				any changes to their disclosures or certifications to the university and
				CPO-HE.
b) The CPO-HE may prescribe
				a standard format for certification and may include certifications as part of a
				prequalification process.
c) Should
				a vendor be unable to certify that it continues to meet requirements of Article
				50 of the Code, the relevant information shall be submitted to the SPO for
				review and disposition.
d) Annual
				certification through the vendor portal in accordance with Section
				4.1535 satisfies
				the requirements of this Section.
e) No continuing certification is required if
				a contractor or subcontractor continues to meet all of the requirements of
				Article 50 of the Code or if the work under the contract or subcontract is
				substantially completed.
f) In
				addition to any other penalties or consequences described by law, a contractor
				or subcontractor that makes a false statement material to any given
				certification is subject to liability under the Illinois False Claims Act [ 740
				ILCS 175 ] for submission of a false claim.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 4 - CHIEF PROCUREMENT OFFICER FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION STANDARD PROCUREMENT › Subpart O - ETHICS › Section 4.5005 - 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 in that officer's or employee's official capacity;
				or
2)
Has made an
				admission of guilt of that conduct that is a matter of record but has not been
				prosecuted for that conduct
. [
				30 ILCS
				500/50-5(a) ]
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 4 - CHIEF PROCUREMENT OFFICER FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION STANDARD PROCUREMENT › Subpart O - ETHICS › Section 4.5009 - 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
university
, or
				enter into a subcontract, 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.
[
				30 ILCS 500/50-10
				]
b)
Every bid or offer
				submitted to the State, every contract executed by the State, and every
				subcontract subject to Section 20-120 of the Code, and every vendor's
				submission to a vendor portal shall contain a certification by the bidder,
				offeror, potential contractor, or contractor or subcontractor, respectively,
				that the bidder, offeror, potential contractor, contractor or subcontractor is
				not barred from being awarded a contract or subcontract under Section 50-10.5
				of the Code Section and acknowledges the CPO-HE may declare the related
				contract void if any of the certifications required by that 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 subcontractor's certification was false.
[
				30 ILCS
				500/50-10.5(b)]
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 4 - CHIEF PROCUREMENT OFFICER FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION STANDARD PROCUREMENT › Subpart O - ETHICS › Section 4.5010 - Prohibited Bidders and Contractors

Current through Register Vol. 48, No. 28, July 12, 2024
a)
Unless otherwise provided, no
				business shall bid, offer, or enter into a contract or subcontract under the
				Code, or make a submission to a vendor portal 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 1953
[ 815 ILCS 5 ]
for a
				period of 5 years from the date of conviction.
[
				30 ILCS
				500/50-10.5(a)]
b)
Every bid and offer submitted to
				the State, every contract executed by the State, every vendor's submission to a
				vendor portal, and every subcontract subject to Section 20-120 of the Code
				shall contain a certification by the bidder, offeror, potential contractor,
				contractor, or subcontractor, respectively, that the bidder, offeror, potential
				contractor, contractor, or subcontractor is not barred from being awarded a
				contract or subcontract under this Section 50-10.5 of the Code and acknowledges
				that the CPO-HE shall declare the related contract void if any of the
				certifications completed pursuant to Section 50-10.5(b) of the Code 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
				500/50-10.5(b)]
c)
If a business is not a natural
				person, the prohibition in subsection (a) applies only if:
1)
the business itself is convicted
				of a felony referenced in subsection (a); or
2)
the business is ordered to pay
				punitive damages based on the conduct of any officer, director, partner, or
				other managerial agent who has been convicted of a felony referenced in
				subsection (a).
[
				30 ILCS
				500/50-10.5(c)]
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 4 - CHIEF PROCUREMENT OFFICER FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION STANDARD PROCUREMENT › Subpart O - ETHICS › Section 4.5011 - Debt Delinquency

Current through Register Vol. 48, No. 28, July 12, 2024
a)
No person shall submit a bid or offer for or enter into a contract or
				subcontract under this Code, or make a submission to a vendor portal 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 and
				offer submitted to the State, every vendor's submission to a vendor portal,
				every contract executed by the State, and every subcontract subject to Section
				20-120 of the Code shall contain a certification by the contractor or
				subcontractor, respectively, that the bidder, offeror,
respondent,
				potential contractor,
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-HE
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 subcontractor's
				certification was false.
[ 30 ILCS 50 -11(b)]
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 4 - CHIEF PROCUREMENT OFFICER FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION STANDARD PROCUREMENT › Subpart O - ETHICS › Section 4.5012 - 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
university
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
[ 35 ILCS
				105 ],
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 and offer submitted to
				the State, every submission to a vendor portal, every contract executed by the
				State, and every subcontract subject to Section 20-120 of the Code shall
				contain a certification by the bidder, respondent, offeror, potential
				contractor, contractor or subcontractor, respectively, that the bidder,
				offeror, respondent, potential contractor, contractor or subcontractor is not
				barred from bidding for or entering into a contract under
Section
				50-12(a) of the Code
and acknowledges that the
CPO-HE
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 subcontractor's certification was false.
[
				30 ILCS
				500/50-12 ]
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 4 - CHIEF PROCUREMENT OFFICER FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION STANDARD PROCUREMENT › Subpart O - ETHICS › Section 4.5013 - Conflicts of Interest Prohibited by the Code

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any bid, proposal, offer of acceptance, or
				proposed contract must be reviewed for conflicts of interest pursuant to
				Section 50-13 of the Code. If a potential conflict exists, no contract will be
				executed unless the CPO-HE 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 any 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) 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 500/13(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 500/13(c) ]
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 4 - CHIEF PROCUREMENT OFFICER FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION STANDARD PROCUREMENT › Subpart O - ETHICS › Section 4.5014 - 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
[ 415 ILCS 5 ]
shall do business with the State of
				Illinois or any
university
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 by Section 50-14(a) of the Code from doing business with the State of
				Illinois and any
university
or any subcontractors under the
				Code by subsection (a) may be allowed to do business with the State of Illinois
				or any
university
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 or offer submitted to
				the State, every contract executed by the State, every submission to a vendor
				portal, and every subcontract subject to Section 20-120 of the Code shall
				contain a certification by the bidder, offeror, potential contractor,
				contractor or subcontractor, respectively, that the bidder, offeror, potential
				contractor, contractor or subcontractor is not barred from being awarded a
				contract or subcontract under this Section 50-14 of the Code and acknowledges
				that the contracting university may declare the related contract void if any of
				the certifications required by that 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 subcontractor's certification was false.
[
				30
				ILCS 500/50-14(c) ]
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 4 - CHIEF PROCUREMENT OFFICER FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION STANDARD PROCUREMENT › Subpart O - ETHICS › Section 4.5015 - Lead Poisoning Prevention Act Violations

Current through Register Vol. 48, No. 28, July 12, 2024
Owners of residential building who have committed a willful
				  or knowing violation of the Lead Poisoning Prevention Act [410 ILCS 45 ] are
				  prohibited from doing business with the State of Illinois or any State agency,
				  or subcontracting under the Code, until the violation is mitigated.
				  [30 ILCS
				  500/50-14.5]
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 4 - CHIEF PROCUREMENT OFFICER FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION STANDARD PROCUREMENT › Subpart O - ETHICS › Section 4.5016 - Negotiations for Future Employment

Current through Register Vol. 48, No. 28, July 12, 2024
a) It is unlawful for any person employed in
				or on a continual contractual relationship with any of the offices or agencies
				of State government to participate in contract negotiations on behalf of that
				office or agency with any firm, partnership, association or corporation with
				whom that person has a contract for future employment or is negotiating
				concerning possible future employment. [30 ILCS
				500/50-15(a) ]
b) An individual who performs services
				pursuant to a contract and who meets the requirements of an "employee" as
				opposed to an independent contractor is in a "continual 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 "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 4 - CHIEF PROCUREMENT OFFICER FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION STANDARD PROCUREMENT › Subpart O - ETHICS › Section 4.5017 - Expatriated Entities

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Except as provided in subsection (c), a university may not enter a contract
				with an expatriated entity or with any subsidiary of such an entity.
b)
Except as provided
				in
subsection (c), no business or member of a unitary business group,
				as defined in the Illinois Income Tax Act [ 35 ILCS 5 ], shall submit a bid or
				offer or enter a contract with a university if that business or any member of
				the unitary business group is an expatriated entity.
c)
An expatriated entity or a member
				of a unitary business group with an expatriated entity as a member may enter a
				contract with a
university if the CPO-HE determines:
1)
the contract is awarded as a sole
				source procurement under Section 20-25 of the Code, and the CPO-HE:
A)
includes in the notice of intent
				to enter a sole source contract a prominent statement that the intended sole
				source contractor is an expatriated entity; and
B)
holds a public hearing at which
				the CPO-HE and university present written justification for the use of a sole
				source contract with an expatriated entity and at which any member of the
				public may present testimony; or
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 4 - CHIEF PROCUREMENT OFFICER FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION STANDARD PROCUREMENT › Subpart O - ETHICS › Section 4.5020 - Exemptions

Current through Register Vol. 48, No. 28, July 12, 2024
If the university or SPO finds a conflict of interest under
				  Section 50-13 of the Code with the vendor selected for award or contract
				  negotiations, the university shall make a recommendation to the SPO and include
				  documentation of the university's position on the conflict. The SPO shall
				  forward the university's recommendation and documentation to the CPO-HE, along
				  with the name of the vendor and a description of the proposed contract. The
				  CPO-HE shall decide whether to disapprove the contract or file a request for
				  exemption with the Executive Ethics Commission to determine whether an
				  exemption should be granted in accordance with Section 50-20 of the
				  Code.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 4 - CHIEF PROCUREMENT OFFICER FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION STANDARD PROCUREMENT › Subpart O - ETHICS › Section 4.5021 - Bond Issuances

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Definitions. For the purposes of this Part, the following listed terms shall
				have the same meaning as in the Code and as further defined in this subsection
				(a).
1) "Entity" means brokers, dealers and
				municipal securities dealers as defined in, and subject to, Rule G-37 and Rule
				G-38 of the Municipal Securities Rulemaking Board (MSRB).
2)
"Independent Consultant" means a
				person used by the entity to obtain or retain securities business through
				direct or indirect communication by the person with a State official or
				employee
(including an official or employee of the university)
on behalf of the entity when the communication is undertaken by the
				person in exchange for or with the understanding of receiving payment form the
				entity or other person. "Independent Consultant" does not include a finance
				professional employed by the entity or a person whose sole basis of
				compensation from the entity is the actual provision of legal, accounting, or
				engineering advice, services or assistance in connection with the securities
				business that the entity seeks to obtain or retain.
[30 ILCS
				500/50-21(a) ]
3) "Issuance of bonds or other securities"
				means the purchase or placement of a primary offering of municipal securities
				on other than a competitive bid basis.
4) "Issuance by the university" means the
				issuance of bonds or other securities by the university when acting as a
				governmental issuer ("Issuer") specified in MSRB Rule G-37.
5) "MSRB Rule G-37" and "MSRB Rule G-38"
				refer to the Municipal Securities Rulemaking Board rules in effect on August 6,
				2012 or any successor rules adopted by the MSRB on the same subject after
				August 6, 2012 as provided in Section 50-21(b) and (c) of the Code. MSRB Rule
				G37 went into effect on April 25, 1994, and MSRB Rule G-38 went into effect on
				August 29, 2005. Copies of G-37 and G-38 are available to the public at the
				MSRB website:
http://www.msrb.org
, at
				the United States Security and Exchange Commission's website:
http://www.sec.gov
, and at the office
				of the CPO-HE. (See 30 ILCS 500/50-219(b) and (c).)
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 4 - CHIEF PROCUREMENT OFFICER FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION STANDARD PROCUREMENT › Subpart O - ETHICS › Section 4.5023 - 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
				[50 ILCS 105 ], no State official/member of the university's governing board
				shall be directly or indirectly interested in any contract to be made by the
				State official/Board for any purposes whatsoever.
b) Any university that has its own policies
				regarding procurement conflict of interest relative to its own employees must
				provide notice of any potential conflict to the SPO along with the university's
				resolution. This information may be used by the SPO when considering whether to
				award the contract.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 4 - CHIEF PROCUREMENT OFFICER FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION STANDARD PROCUREMENT › Subpart O - ETHICS › Section 4.5030 - 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 the State agency most recently employing them in an
				affected position for a period of at least 6 months. The prohibition includes,
				but is not limited to: lobbying the procurement process; specifying, bidding,
				proposing bids or contract documents; on their own behalf or on behalf of any
				firm, partnership, association or corporation. This prohibition applies only to
				persons who terminate an affected position on or after January 15,
				1999.
[30 ILCS
				500/50-30 ]
b) The CPO-HE shall identify in writing any
				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.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 4 - CHIEF PROCUREMENT OFFICER FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION STANDARD PROCUREMENT › Subpart O - ETHICS › Section 4.5035 - Disclosure of Financial Interests and Potential Conflicts of Interest

Current through Register Vol. 48, No. 28, July 12, 2024
a) Disclosures of
				financial interests and potential conflicts of interest shall be obtained for
				all submissions to a vendor portal and from all bidders, offerors, vendors, or
				contractors.
1) For the purposes of Section
				50-35(a) of the Code, "bids and offers from responsive bidders, offerors,
				vendors, or contractors" means bids, offers and quotes received pursuant to any
				source selection method, except for sole source and emergency procurements, and
				that has an annual value of more than $50,000.
2) Disclosures are not required in sole
				source and emergency contracts, but shall be obtained in whole or in part when
				practical and when the annual value exceeds $50,000.
3) Disclosures shall be obtained for small
				purchases annually exceeding $50,000, except as otherwise provided in this
				Section. If a small purchase could qualify as an emergency or sole source,
				disclosures are not required but shall be obtained when practical.
4) In certain circumstances (e.g., emergency
				and sole source procurements) in which the vendor refuses or is unable to
				provide disclosures, the SPO may authorize the university to move forward with
				the transaction. The university must provide documentation of efforts to obtain
				compliance in a form prescribed by the PPB and CPO-HE.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 4 - CHIEF PROCUREMENT OFFICER FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION STANDARD PROCUREMENT › Subpart O - ETHICS › Section 4.5036 - Disclosure of Business in Iran

Current through Register Vol. 48, No. 28, July 12, 2024
a)
Each bid or, offer submitted for a
				State contract, other than a small purchase, shall include a disclosure of
				whether the bidder, offeror or any of its corporate parents or subsidiaries,
				within the 24 months before submission of the bid or, offer, had business
				operations that involved contracts with, or provision of supplies or services
				to, the Government of Iran, companies in which the Government of Iran has any
				direct or indirect equity share, consortiums or projects commissioned by the
				Government of Iran, or companies involved in consortiums or projects
				commissioned by the Government of Iran and:
1)
More than 10% of the company's
				revenue produced in or assets allocated in Iran involve oil-related activities
				or mineral extraction activities; less than 75% of the company's revenues
				produced or assets located in Iran involve contracts with or provision of
				oil-related or mineral-extraction products or services to the Government of
				Iran or a project or consortium created exclusively by that government; and the
				company has failed to take substantial action; or
2)
The company has, on or after
				August 5, 1996, made an investment of $20 million or more, or any combination
				of investments of at least $10 million each that in the aggregate equals or
				exceeds $20 million in any 12-month period, that directly or significantly
				contributes to the enhancement of Iran's ability to develop petroleum resources
				of Iran.
[
				30 ILCS
				500/50-36(b) ]
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 4 - CHIEF PROCUREMENT OFFICER FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION STANDARD PROCUREMENT › Subpart O - ETHICS › Section 4.5037 - Vendor Registration, Certification and Prohibition on Political Contributions

Current through Register Vol. 48, No. 28, July 12, 2024
a) Introduction
Illinois statute [
				  10 ILCS
				  5/9-35 and 30 ILCS 500/20-160 and 50-37] restricts
				  political contributions by vendors and affiliated entities, requires
				  registration with the State Board of Elections (SBEL), and requires
				  solicitation and contract certifications relative to the requirements of the
				  statutes. This Section supplements requirements found in the statutes and does
				  not excuse compliance with any of those requirements.
b) General Registration Requirements
1) These requirements apply to contracts,
				bids and offers that are subject to the Code:
A) Bids/offers referenced in this Section are
				those submitted in response to a competitive solicitation that is posted to the
				Bulletin, regardless of the value assigned to the procurement.
B) Bids and offers include pending bids and
				offers.
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/offers for State
				contracts exceeds $50,000, or whose aggregate value of State contracts and
				bids/offers 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 4 - CHIEF PROCUREMENT OFFICER FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION STANDARD PROCUREMENT › Subpart O - ETHICS › Section 4.5038 - 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, offeror, potential
				contractor, or contractor on a State contract that hires a person required to
				register under the Lobbyist Registration Act
[25 ILCS 170 ]
to
				assist in obtaining a contract shall:
A)
Disclose all costs, fees,
				compensation, reimbursement and other remunerations paid or to be paid to the
				lobbyist related to the contract;
B)
Not bill or otherwise cause the
				State of Illinois to pay for any of the lobbyist's costs, fees, compensation,
				reimbursements or other remuneration;
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 4 - CHIEF PROCUREMENT OFFICER FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION STANDARD PROCUREMENT › Subpart O - ETHICS › Section 4.5040 - Reporting and Anticompetitive Practices

Current through Register Vol. 48, No. 28, July 12, 2024
a) Every vendor, bidder, offeror, potential
				contractor, contractor, CPO-HE, SPO, designee, elected official, or State or
				university employee is required to report in writing any suspected collusion or
				other anticompetitive practice to the Office of the Executive Inspector
				General, the Office of the Illinois Attorney General, and the CPO-HE.
b) The notice shall include all known or
				relevant facts that support the suspected collusion or anticompetitive
				practice.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 4 - CHIEF PROCUREMENT OFFICER FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION STANDARD PROCUREMENT › Subpart O - ETHICS › Section 4.5055 - Supply Inventory

Current through Register Vol. 48, No. 28, July 12, 2024
Universities shall manage their inventory of supplies in
				  compliance with the 12-month inventory restriction of Section 50-55 of the
				  Code.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 4 - CHIEF PROCUREMENT OFFICER FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION STANDARD PROCUREMENT › Subpart O - ETHICS › Section 4.5080 - Sexual Harassment Policy

Current through Register Vol. 48, No. 28, July 12, 2024
Every bidder, offeror, potential contractor, contractor or
				  subcontractor shall have a sexual harassment policy in accordance with Section
				  2-105(A)(4) of the Illinois Human Rights Act. A copy of the policy shall be
				  available to the CPO-HE or the university upon request.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 4 - CHIEF PROCUREMENT OFFICER FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION STANDARD PROCUREMENT › Subpart P - CONCESSIONS › Section 4.5325 - Concessions

Current through Register Vol. 48, No. 28, July 12, 2024
a)
Each public
				institution of higher education may enter into concessions,
including
				the right to engage in activity on the lessors property (e.g., a refreshment or
				parking concession), and
including the assignment, license, sale, or
				transfer of interests in or rights to discoveries, inventions, patents, or
				copyrightable works, for property, whether tangible or intangible, over which
				it has jurisdiction. Concessions shall be reduced to writing and shall be
				awarded at the discretion of the institution with jurisdiction over the
				property. Notice of the award of a concession shall be published in the
				Bulletin
.
b)
The
				duration and terms of concessions and leases for personal property shall be at
				the discretion of the institution with jurisdiction over the
				property.
c)
Notwithstanding any other provision of law, if the Illinois Finance
				Authority issues bonds for the financing of buildings, structures, or
				facilities that are determined by the governing board of a public institution
				of higher education to be either required by or necessary for the use or
				benefit of that public institution of higher education, then the duration of
				any lease for real property entered into by that public institution of higher
				education, as lessee or lessor, in connection with the issuance of those bonds
				shall be at the discretion of that public institution of higher
				education.
[30 ILCS
				500/53-25 ]
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 4 - CHIEF PROCUREMENT OFFICER FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION STANDARD PROCUREMENT › Subpart Q - JOINT AND COOPERATIVE PURCHASING › Section 4.5400 - General

Current through Register Vol. 48, No. 28, July 12, 2024
a) This Part describes
				and implements approved methods and requirements of source selection using:
1) Governmental Joint Purchasing;
2) Nongovernmental Joint
				Purchasing;
3) Group Purchasing
				Organizations;
4) Piggyback
				Contracts.