reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1 - CHIEF PROCUREMENT OFFICER FOR GENERAL SERVICES STANDARD PROCUREMENT › Subpart D - PUBLICIZING PROCUREMENT ACTIONS › Section 1.1510 - Publication of Illinois Procurement Bulletin (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1 - CHIEF PROCUREMENT OFFICER FOR GENERAL SERVICES STANDARD PROCUREMENT › Subpart D - PUBLICIZING PROCUREMENT ACTIONS › Section 1.1525 - Bulletin Content

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The Bulletin will contain all content required by the Code. The Bulletin may
				include reference information of general interest (e.g., how to access the
				other volumes of the Illinois Procurement Bulletin, notice of new legislation,
				announcements and determinations) and may serve as the CPO-GS's official
				website. SPOs shall publish all notices to the Bulletin.
b) Notice of each procurement, except small
				purchases, shall be published in the Bulletin for at least 14 days and shall
				contain at least the following information:
1)
				the name of the purchasing agency (and using agency, if different);
2) a brief description of the supplies or
				services sought in the particular solicitation;
3) a procurement reference number, if
				used;
4) the date the procurement
				is first offered (procurements that require notice shall not be distributed to
				vendors prior to the date the notice is first published in the
				Bulletin);
5) the date, time and
				location for making submissions;
6)
				the method of source selection;
7)
				the name of the State Purchasing Officer in charge and the name of the State
				agency person assigned to the procurement;
8) instructions on how to obtain a
				comprehensive purchase description and any disclosure and contract
				forms;
9) encouragement to
				prospective vendors to hire qualified veterans; and
10) encouragement to prospective vendors to
				hire qualified Illinois minorities, women, persons with disabilities and
				residents discharged from any Illinois adult correctional center.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1 - CHIEF PROCUREMENT OFFICER FOR GENERAL SERVICES STANDARD PROCUREMENT › Subpart D - PUBLICIZING PROCUREMENT ACTIONS › Section 1.1535 - Vendor Portal

Current through Register Vol. 48, No. 28, July 12, 2024
a) In
				consultation with the PPB and State agencies, the CPO-GS may operate a vendor
				portal, use another CPO's vendor portal, or jointly operate a vendor portal
				with other Chief Procurement Officers if a single portal better serves the
				needs of State agencies and the vendor community. A vendor portal shall allow
				prospective vendors to:
1) Provide
				certifications, disclosures, registrations and other documentation needed to do
				business with the State in advance of a particular procurement;
2) Submit the vendor's registration number,
				with a confirmation the portal information is current, as part of the vendor's
				response to a competitive solicitation or a contracting process.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1 - CHIEF PROCUREMENT OFFICER FOR GENERAL SERVICES STANDARD PROCUREMENT › Subpart D - PUBLICIZING PROCUREMENT ACTIONS › Section 1.1560 - Alternate and Supplemental Notice

Current through Register Vol. 48, No. 28, July 12, 2024
a) If the electronic Bulletin cannot be
				published, the CPO-GS may publish notices in one of the other CPOs' Bulletins
				on an interim basis. If no electronic version of the Bulletin can be published,
				the CPO-GS may designate its website as its volume of the Bulletin. If
				necessary, the CPO-GS may designate the Official State Newspaper or other
				newspaper of general circulation as its volume of the Bulletin. All newspaper
				notices will be published in the Bulletin when it becomes available, but that
				publication will not extend any procurement-related timeframes.
b) Publication in the Bulletin may be
				supplemented by publication elsewhere at the discretion of the CPO-GS or SPO.
				Examples include publication in:
1) a
				newspaper of general circulation;
2) a newspaper of local circulation in the
				area pertinent to the procurement;
3) industry media;
4) agency website; or
5) CPO-GS' website.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1 - CHIEF PROCUREMENT OFFICER FOR GENERAL SERVICES STANDARD PROCUREMENT › Subpart D - PUBLICIZING PROCUREMENT ACTIONS › Section 1.1570 - Error in Notice

Current through Register Vol. 48, No. 28, July 12, 2024
When a required publication contains an error, the error may
				  be corrected by a single notice published in the Bulletin within a reasonable
				  time after the original publication. A correction that results in a change of
				  procurement method or a material change in the requirements set forth in a
				  solicitation may require extension of the time to respond to the original
				  solicitation as set forth in the correction at the discretion of the SPO,
				  taking into consideration impact on the State as well as on
				  vendors.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1 - CHIEF PROCUREMENT OFFICER FOR GENERAL SERVICES STANDARD PROCUREMENT › Subpart D - PUBLICIZING PROCUREMENT ACTIONS › Section 1.1580 - Direct Solicitation

Current through Register Vol. 48, No. 28, July 12, 2024
In addition to giving notice in the Bulletin, the SPO or
				  State agency staff authorized by the SPO may directly contact prospective
				  vendors by providing copies of solicitations or other procurement information.
				  Direct solicitation may be oral or in writing, but all vendors shall receive
				  the same information as provided in the Bulletin. No direct solicitation shall
				  be made prior to the date any required notice first appears in the
				  Bulletin.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1 - CHIEF PROCUREMENT OFFICER FOR GENERAL SERVICES STANDARD PROCUREMENT › Subpart D - PUBLICIZING PROCUREMENT ACTIONS › Section 1.1585 - Notice Time

Current through Register Vol. 48, No. 28, July 12, 2024
Each solicitation shall be published in the Bulletin at least
				  14 days prior to the date set for opening, unless a shorter time is authorized
				  by the Code or this Part.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1 - CHIEF PROCUREMENT OFFICER FOR GENERAL SERVICES STANDARD PROCUREMENT › Subpart D - PUBLICIZING PROCUREMENT ACTIONS › Section 1.1590 - Retention of Bulletin Information (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1 - CHIEF PROCUREMENT OFFICER FOR GENERAL SERVICES STANDARD PROCUREMENT › Subpart D - PUBLICIZING PROCUREMENT ACTIONS › Section 1.1595 - Availability of Solicitation Document

Current through Register Vol. 48, No. 28, July 12, 2024
Procurements that require notice shall not be distributed to
				  vendors prior to the date the notice is first published in the Bulletin. A copy
				  of the solicitation shall be made available for public inspection at the State
				  agency procurement office. This copy shall be available as of the date and time
				  the solicitation is published in the Bulletin.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1 - CHIEF PROCUREMENT OFFICER FOR GENERAL SERVICES STANDARD PROCUREMENT › Subpart E - SOURCE SELECTION AND CONTRACT FORMATION › Section 1.2005 - General Provisions

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Solicitation Response
A solicitation may contain forms that must be returned or may
				  require compliance in a prescribed format. If a form or format is prescribed,
				  prospective vendors shall submit as instructed.
1) The date and time paper bids, offers,
				responses or submissions are received shall be recorded. The paper bids,
				offers, responses or submissions shall be stored in a secure manner (e.g.,
				locked filing cabinet, locked desk, or locked room with access to the secure
				location limited to known persons) by the person responsible for receiving the
				paper bids, offers, responses or submissions.
2) The SPO and State agencies shall maintain
				the confidentiality of bids, offers, responses or submissions. No information
				within bids, offers, responses or submissions received shall be disclosed to
				anyone prior to opening. State employees may confirm receipt of the bid, offer,
				response or submission to the bidder, offeror, respondent or vendor.
3) If a paper bid, offer, response or
				submission is opened for identification purposes or in error, the procurement
				file shall include a signed statement explaining the reason for the mistake or
				error, including the name of every person involved. The paper, response or
				submission shall be resealed until the time set for the opening of the
				solicitation.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1 - CHIEF PROCUREMENT OFFICER FOR GENERAL SERVICES STANDARD PROCUREMENT › Subpart E - SOURCE SELECTION AND CONTRACT FORMATION › Section 1.2010 - Competitive Sealed Bidding

Current through Register Vol. 48, No. 28, July 12, 2024
a) Application
Competitive sealed bidding, also referred to as Invitation
				  for Bids, is the required method of source selection, except as allowed by the
				  Code and this Part. The provisions of this Section apply to every procurement
				  required to be conducted by competitive sealed bidding.
b) Invitation for Bids
1) Use. An IFB is used to initiate a
				competitive sealed bid procurement.
2) Content. An IFB shall include, at a
				minimum, the following:
A) instructions and
				information to potential bidders concerning the bid submission requirements,
				including the time and date set for receipt of bids, the address of the
				location to which bids are to be delivered, and the maximum time for bid
				acceptance by the State;
B) the
				purchase description, evaluation factors, delivery or performance schedule, and
				such inspection and acceptance requirements as are not included in the purchase
				description;
C) the contract terms
				and conditions, including warranty and bonding or other security requirements,
				as applicable and State mandated certifications; and
D) A form or format that will specify or
				organize the manner of price submission and that the bidder shall submit along
				with all other necessary submissions, including disclosure forms.
3) Delivery-Related Costs
Unless otherwise provided in the solicitation, the bid price
				  includes transportation, transit insurance, delivery, installation and any
				  other costs.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1 - CHIEF PROCUREMENT OFFICER FOR GENERAL SERVICES STANDARD PROCUREMENT › Subpart E - SOURCE SELECTION AND CONTRACT FORMATION › Section 1.2012 - Multi-Step Sealed Bidding and Proposals

Current through Register Vol. 48, No. 28, July 12, 2024
a) Definition
Multi-step sealed bidding or multi-step sealed proposal
				  (MSB/P) is a two-phase process consisting of a technical first phase composed
				  of one or more steps in which bidders or offerors submit unpriced technical
				  offers to be evaluated by the State, and a second phase in which those bidders
				  or offerors whose technical offers are determined to be acceptable during the
				  first phase have their price bids or offers considered.
b) Conditions for Use
The MSB/P method may be used when it is determined in writing
				  by the SPO that it is not practical to prepare initially a definitive purchase
				  description that will be suitable to permit an award based on price. MSB/P may
				  be used when it is considered desirable:
1) to invite and evaluate possible diverse
				technical offers to determine their acceptability to fulfill the purchase
				description requirements; and
2) to
				conduct discussions for the purposes of facilitating understanding of the
				technical offer and purchase description requirements and, when appropriate,
				obtain supplemental information, permit amendments of technical offers, or
				amend the purchase description.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1 - CHIEF PROCUREMENT OFFICER FOR GENERAL SERVICES STANDARD PROCUREMENT › Subpart E - SOURCE SELECTION AND CONTRACT FORMATION › Section 1.2013 - Reverse Auctions

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				CPO-GS Authorization
A State agency may procure supplies or services (other than
				  for professional and artistic services, telecommunications services,
				  communication services, information services, and construction projects,
				  including design professional services) through means of a reverse auction if
				  the CPO-GS has made a determination that use of a reverse auction is in the
				  best interests of the State. The CPO-GS shall publish in the Bulletin that bids
				  will be received in an electronic auction manner as part of the notice of
				  Invitation for Bids.
b)
				Reverse Auction Process
The CPO-GS or designee shall conduct a reverse auction
				  through a two-step IFB process consisting of bid prequalification and price
				  submission.
1) Prequalification
A) An invitation to prequalify shall be
				issued requesting the submission of information addressing vendor
				qualifications and responsibility; vendor specifications and/or samples;
				confirming acceptance of auction procedures; and requiring agreement to accept
				a contract using State contract terms and conditions if selected for award in
				the price only part of the process. No pricing information shall be submitted
				or considered in the prequalification step of the process.
B) The prequalification bids shall not be
				opened publicly, but the opening shall be recorded and witnessed by a State
				witness. Prequalification information will be evaluated on a pass/fail basis
				and vendors will be notified directly as to whether they met or did not meet
				the prequalification criteria.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1 - CHIEF PROCUREMENT OFFICER FOR GENERAL SERVICES STANDARD PROCUREMENT › Subpart E - SOURCE SELECTION AND CONTRACT FORMATION › Section 1.2015 - Competitive Sealed Proposals

Current through Register Vol. 48, No. 28, July 12, 2024
a) Competitive Sealed Proposals may be used
				whenever permitted by the Code and as described in this Part.
b) Competitive Sealed Proposals may be used
				on a case-by-case basis when it is determined by the SPO that competitive
				sealed bidding is either not practicable or advantageous. The Competitive
				Sealed Proposal method differs from competitive sealed bidding in two ways: it
				permits discussions with competing offerors and changes in their proposals,
				including price and it allows comparative judgmental evaluations to be made
				when selecting among acceptable proposals for award of the contract. Factors to
				be considered in determining whether competitive sealed bidding is either not
				practical or advantageous include:
1) when
				evaluation factors involve the relative abilities of offerors to perform,
				including degrees of experience or expertise, when the types of supplies or
				services may require the use of comparative, judgmental evaluations to evaluate
				them adequately, or when the type of need to be satisfied involves weighing
				aesthetic values to the extent that price is a secondary
				consideration;
2) whether oral or
				written discussions may need to be conducted with offerors concerning technical
				and price aspects of their proposals;
3) whether offerors may need to be afforded
				the opportunity to revise their proposals, including price;
4) whether award may need to be based upon a
				comparative evaluation, as stated in the Request for Proposals, of differing
				price, quality, and contractual factors in order to determine the most
				advantageous offering to the State. Quality factors include technical and
				performance capability and the content of the technical proposal;
5) whether the primary consideration in
				determining award may not be price; and
6) if prior procurements indicate that
				competitive sealed proposals may result in more beneficial contracts for the
				State.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1 - CHIEF PROCUREMENT OFFICER FOR GENERAL SERVICES STANDARD PROCUREMENT › Subpart E - SOURCE SELECTION AND CONTRACT FORMATION › Section 1.2020 - Small Purchase Limits

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Application
1) Individual procurements of
				$100,000 or less for supplies or services may be made without notice or
				competition. These small purchase maximums shall be subject to the annual cost
				of living increases set forth in subsection (a)(3).
2) Procurements for construction and
				construction related services of $100,000 or less, or as increased to reflect
				increases in the consumer price index as determined by the CPO-GS.
3) Each April, the CPO-GS will determine the
				CPI adjustment to the small purchase thresholds applicable for the next fiscal
				year. If the CPI is greater than zero, the thresholds identified in Section
				20-20(a) of the Code will be reduced in an amount that, with the CPI increase,
				would result in the small purchase thresholds remaining as stated in subsection
				(a)(1). By July 1, 2019 and every five years thereafter, the CPO-GS will review
				the small purchase thresholds to determine if a modification to the thresholds
				is needed. If a modification is needed, the CPO-GS will consult with the
				PPB.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1 - CHIEF PROCUREMENT OFFICER FOR GENERAL SERVICES STANDARD PROCUREMENT › Subpart E - SOURCE SELECTION AND CONTRACT FORMATION › Section 1.2025 - Sole Source or Sole Economically Feasible Source Procurement

Current through Register Vol. 48, No. 28, July 12, 2024
a) Application
The provisions of this Part apply to procurement from a sole
				  source or sole economically feasible source (referred to as sole source) unless
				  the estimated amount of the procurement is within the limit authorized in
				  Section
				  1.2020
				  (Small Purchases) or unless emergency conditions exist as defined in Section
				  1.2030
				  (Emergency Procurements), in which case those other procedures may be
				  used.
b) Conditions for Use
				of Sole Source or Sole Economically Feasible Procurement
A sole source procurement is permissible when a requirement
				  is available from only a single supplier. A sole economically feasible
				  procurement is permissible when only one supplier is deemed economically
				  feasible. A requirement for a particular proprietary item does not justify a
				  sole source procurement if there is more than one vendor authorized to provide
				  that item. The following are examples of circumstances that could necessitate
				  sole or sole economically feasible source procurement (this list is not
				  exhaustive):
1) compatibility of
				equipment, accessories, replacement parts or service is a paramount
				consideration;
2) items are needed
				for trial use or testing of that specific product or service;
3) item is for commercial resale;
4) non-competitive public utility
				services;
5) item is copyrighted or
				patented and the item or service is not available except from the holder of the
				copyright or patent;
6) media for
				advertising;
7) art, entertainment
				services or athletic events;
8)
				radio and television broadcast rights;
9) procurements related to participation in
				educational, professional, research, public service or athletic activities of
				organizations of which the State agency is a member. These procurements may
				include, but are not limited to, dues and membership fees, travel and lodging
				and facility usage fees;
10)
				federal or State grant requires contract with named vendor;
11) items required by franchise agreements;
				and
12) items that are required for
				research and no other source is able to meet the researcher's documented
				need.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1 - CHIEF PROCUREMENT OFFICER FOR GENERAL SERVICES STANDARD PROCUREMENT › Subpart E - SOURCE SELECTION AND CONTRACT FORMATION › Section 1.2030 - Emergency Procurements

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Authority to Make Emergency Procurements
The provisions of this Part apply to every procurement over
				  the small purchase limit set in Section
				  1.2020
				  (Small Purchase Limits) made under emergency conditions. The SPO, or a State
				  agency through written designation, shall have the authority to make emergency
				  procurements when an emergency condition arises and the need cannot be met
				  through normal procurement methods.
b) Emergency Conditions
1) A statutory emergency condition exists:
A) if there exists a threat to public health
				or public safety;
B) when immediate
				expenditure is needed for repairs to State property in order to protect against
				further loss or damage to State property;
C) to prevent or minimize serious disruption
				in critical State services that affect health, safety, or collection of
				substantial State revenues; or
D)
				to ensure the integrity of State records.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1 - CHIEF PROCUREMENT OFFICER FOR GENERAL SERVICES STANDARD PROCUREMENT › Subpart E - SOURCE SELECTION AND CONTRACT FORMATION › Section 1.2035 - Competitive Selection Procedures for Professional and Artistic Services

Current through Register Vol. 48, No. 28, July 12, 2024
a) Application
1) The provisions of this Section apply to
				every procurement of professional and artistic (P&A) services, except those
				subject to the Architectural, Engineering and Land Surveying Qualifications
				Based Selection Act [30 ILCS 535 ] and except as provided in subsection (e).
2)
"Professional and
				artistic services" means those services provided under contract to a State
				agency by a person or business, acting as an independent contractor, qualified
				by education, experience, and technical ability
[30 ILCS
				500/1-15.60 ].
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1 - CHIEF PROCUREMENT OFFICER FOR GENERAL SERVICES STANDARD PROCUREMENT › Subpart E - SOURCE SELECTION AND CONTRACT FORMATION › Section 1.2037 - Tie Bids and Proposals

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Tie bids or proposals are those from responsive and responsible vendors that
				are, in the case of bids, identical in price, and, in the case of proposals,
				identical in rank after evaluation.
b) Tie bids, proposals, or quotes will be
				resolved as follows:
1) If the tied vendors
				include only one Illinois resident vendor, the Illinois resident vendor shall
				be given the award. "Illinois resident vendor" has the meaning ascribed in
				Section
				1.4510
				(Resident Vendor Preference).
2) In
				all other situations, the award shall be made by lot unless the SPO determines
				that:
A) awarding to one of the vendors is in
				the State's best interest because, for example, that vendor is likely to be
				more reliable or responsive to the State's needs, based on past performance;
				provides a better quality of the supply or service; provides quicker delivery;
				or, in the case of proposals, because of a desire to take advantage of the
				lower price; or
B) splitting the
				award is in the State's best interest because of a need to ensure delivery of
				the supply or service, or is necessary or desirable to promote future
				competition, and provided the affected vendors agree to the split
				award.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1 - CHIEF PROCUREMENT OFFICER FOR GENERAL SERVICES STANDARD PROCUREMENT › Subpart E - SOURCE SELECTION AND CONTRACT FORMATION › Section 1.2038 - Modification or Withdrawal of Bids or Proposals

Current through Register Vol. 48, No. 28, July 12, 2024
a) Modification or Withdrawal
A bidder or offeror may withdraw or modify a paper bid or
				  proposal if notice of the withdrawal or modification is received by the SPO
				  before the latest time specified for receipt of bids or proposals. Any
				  modification or withdrawal of a paper bid or proposal, however, must be made in
				  writing and received by the SPO prior to the scheduled bid or proposal opening.
				  When time is of the essence, the SPO may agree to receive modifications or
				  withdrawals conveyed by electronic mail or telephone. An originally signed
				  written confirmation of a telephone modification or withdrawal shall be mailed
				  or delivered by the bidder or offeror on the same day. Withdrawals of bids or
				  proposals after bid or proposal opening will not ordinarily be permitted;
				  however, in those cases in which the judgment of the SPO, based on clear and
				  demonstrable evidence, the bidder or offeror has made a bona fide error in the
				  preparation of the bid or proposal and that error will result in a substantial
				  loss to the bidder or offeror, an exception may be made.
b) Minor informalities
A minor informality or irregularity is one that is a matter
				  of form or pertains to some immaterial or inconsequential defect or variation
				  from the exact requirement of the solicitation, the correction or waiver of
				  which would not be prejudicial to the State or to other bidders or offerors
				  (i.e., the effect on price, quality, quantity, delivery or contractual
				  conditions is negligible). The SPO shall waive these informalities or allow the
				  bidder to correct them depending on which is in the best interest of the State.
				  Minor informalities include insignificant mistakes that have an effect on
				  price, quantity, quality, delivery or contractual conditions is
				  negligible.
c)
				Documentation Required
When a paper bid or proposal is corrected or withdrawn, or
				  correction or withdrawal is denied, a written determination shall be prepared
				  by the SPO showing that relief was granted or denied in accordance with this
				  Part.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1 - CHIEF PROCUREMENT OFFICER FOR GENERAL SERVICES STANDARD PROCUREMENT › Subpart E - SOURCE SELECTION AND CONTRACT FORMATION › Section 1.2039 - Mistakes

Current through Register Vol. 48, No. 28, July 12, 2024
a General
Corrections to bids, proposals or other procurement processes
				  are allowed, but only to the extent not contrary to the best interest of the
				  State or the fair treatment of other offerors.
b Mistakes Discovered Before Opening
A vendor may correct mistakes discovered before the time and
				  date set for opening by withdrawing or correcting the error in writing, or in
				  person at the opening location, before the time and date set for
				  opening.
c Confirmation of
				Mistake After Opening
When the SPO knows or has reason to conclude that a mistake
				  has been made, the SPO shall request the vendor to confirm the information.
				  Situations in which confirmation should be requested include obvious or
				  apparent errors on the face of the document or a price unreasonably lower than
				  the others submitted. If the vendor alleges a mistake, the bid or proposal may
				  be corrected or withdrawn if the conditions set forth in this Section, as
				  applicable, are met.
d
				Mistakes Discovered After Opening but Before Award
1 Minor Informalities
A minor informality or irregularity is one that is a matter
				  of form or pertains to some immaterial or inconsequential defect or variation
				  from the exact requirement of the solicitation, the correction or waiver of
				  which would not be prejudicial to the State (i.e., the effect on price,
				  quality, quantity, delivery or contractual conditions is negligible). The SPO
				  shall waive these informalities or allow correction depending on which is in
				  the best interest of the State. Examples of minor informalities as to form
				  include the failure to:
A return the
				number of signed copies required by the solicitation document;
B acknowledge receipt of an amendment to the
				solicitation, but only if:
i it is clear from
				the bid that the offeror received the amendment and intended to be bound by its
				terms; or
ii the amendment involved
				had a negligible effect on price, quantity, quality or delivery.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1 - CHIEF PROCUREMENT OFFICER FOR GENERAL SERVICES STANDARD PROCUREMENT › Subpart E - SOURCE SELECTION AND CONTRACT FORMATION › Section 1.2040 - Cancellation of Solicitations and Contract Awards; Rejection of Bids or Proposals

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Policy
Any solicitation may be cancelled before or after opening
				  when the SPO determines cancellation to be in the State's best interest. An SPO
				  may request that a State agency provide any information to assist the SPO in
				  reaching a determination of whether cancellation is in the State's best
				  interest. Nothing shall compel the award of a contract.
b) Cancellation of Solicitation; Rejection of
				All Bids or Proposals
1) A solicitation may be
				cancelled in whole or in part when the SPO determines in writing that the
				action is in the State's best interest for reasons including, but not limited
				to:
A) the State no longer requires the
				supplies or services;
B) the State
				no longer can reasonably expect to fund the procurement;
C) proposed amendments to the solicitation
				would be of such magnitude that a new solicitation is desirable;
D) ambiguous or otherwise inadequate
				specifications;
E) the solicitation
				did not provide for consideration of all factors of significance to the
				State;
F) prices exceed available
				funds and it would not be appropriate to adjust quantities to come within
				available funds;
G) all otherwise
				acceptable bids or proposals received are at clearly unreasonable prices;
				or
H) there is reason to question
				whether the bids or proposals may not have been independently arrived at in
				open competition, may have been collusive, or may have been submitted in bad
				faith.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1 - CHIEF PROCUREMENT OFFICER FOR GENERAL SERVICES STANDARD PROCUREMENT › Subpart F - SUPPLIERS, PREQUALIFICATION AND RESPONSIBILITY › Section 1.2043 - Suppliers

Current through Register Vol. 48, No. 28, July 12, 2024
A State agency may contract with any qualified source of
				  supply, but shall use or consider, as applicable, the following special
				  sources, from which procurements may be made without competition:
a Correctional Industries in accordance with
				Subpart O. The CPO-GS, after consulting with Illinois Correctional Industries,
				a division of the Department of Corrections, shall determine the type and
				extent of the preference purchasing agencies shall give to supplies produced or
				services performed by Correctional Industries. Factors to be considered in
				determining the preference include, but are not limited to, the ability of
				Correctional Industries to meet the State's requirements, the price charged and
				the reason for the Correctional Industries program. This information shall be
				provided to each SPO and purchasing and using agencies.
b State and Federal Surplus Warehouses under
				the jurisdiction of the Department of Central Management Services. (The State
				Property Control Act [30 ILCS
				605/7a ] requires that surplus furniture be considered
				before any purchase of new furniture valued at $500 or more per
				piece.)
c Qualified workshops for
				persons with severe disabilities in accordance with Subpart O.
d State agencies and other governmental units
				described in Section 1-10(b)(1) of the Code.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1 - CHIEF PROCUREMENT OFFICER FOR GENERAL SERVICES STANDARD PROCUREMENT › Subpart F - SUPPLIERS, PREQUALIFICATION AND RESPONSIBILITY › Section 1.2044 - Vendor List

Current through Register Vol. 48, No. 28, July 12, 2024
Each State agency may maintain a list of vendors who have
				  expressed interest in contracting with the State. This list may be used to
				  solicit for small purchases and emergency procurements, as well as to
				  supplement Bulletin notices. Inclusion in any State agency-maintained vendor
				  list shall not be a requirement to be considered for future contracting
				  opportunities.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1 - CHIEF PROCUREMENT OFFICER FOR GENERAL SERVICES STANDARD PROCUREMENT › Subpart F - SUPPLIERS, PREQUALIFICATION AND RESPONSIBILITY › Section 1.2045 - Vendor Prequalification

Current through Register Vol. 48, No. 28, July 12, 2024
a) The SPO may prequalify prospective vendors
				when prequalification or preliminary evaluation of supplies or services prior
				to procurement would promote the effective conduct a procurement.
b) The SPO shall identify by publication in
				the Bulletin the qualifications or categories of supplies and services
				(including professional and artistic services) for which vendors of those
				supplies and services may prequalify.
c) Any opportunity to prequalify shall be
				announced in the Bulletin. The notice shall alert vendors of the consequences
				of failure to participate in the prequalification process.
d) When prequalifying a vendor, the SPO may
				limit prequalification to particular matters (e.g., determining whether a
				vendor has been and is likely to be "responsible" or whether the vendor
				manufactures domestically).
e) The
				fact that a prospective vendor has been prequalified generally does not
				necessarily represent a definitive finding of responsibility for a particular
				procurement.
f) When prequalifying
				a vendor, the SPO may consider factors tailored to a specific procurement or
				type of procurement, which shall be announced in the prequalification notice in
				the Bulletin.
g) Except in the case
				of professional and artistic services, distribution of and responses to the
				solicitation may be limited to prequalified vendors and award of a contract may
				be denied because a vendor was not prequalified. If eligibility for the
				procurement will be limited to prequalified vendors, the solicitation shall
				state that fact.
h) The
				prequalification may provide that any vendor who completes prequalification may
				refer to that prequalification when submitting responses to solicitation or in
				other procurement situations instead of submitting the same information with a
				response. This does not alleviate a vendor from providing updated
				certifications and other information as part of the prequalification
				process.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1 - CHIEF PROCUREMENT OFFICER FOR GENERAL SERVICES STANDARD PROCUREMENT › Subpart G - BID, PROPOSAL AND PERFORMANCE SECURITY › Section 1.2047 - Security Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Vendors shall furnish bid, proposal, material, completion, payment or
				performance security as specified in the solicitation or contract. The cost of
				providing security will be borne by the vendor unless otherwise stated in the
				solicitation.
b) Security, unless
				otherwise specified, may be in the form of cashier's check, certified check,
				money order, irrevocable letter of credit or bond. Any bond must be issued by a
				surety company authorized to do business in the State of Illinois and having a
				rating acceptable to the State agency.
c) Unless the amount is set by law, the State
				agency, in consultation with the SPO, will determine the amount, in dollars or
				percentage of contract price, that will adequately protect the State's
				interests. That amount will vary depending on the type of procurement and the
				risks and potential losses associated with delay or failure to complete the
				project, and for other such reasons.
d) A vendor may be required to furnish up to
				100% performance security at any time during contract performance and at its
				cost, if it appears that delivery or production schedules cannot be met,
				quality is poor, responsibility is questioned and for similar
				reasons.
e) The vendor's
				subcontractor may also be required to furnish security. If the vendor does not
				have a stock of the supplies in question in the amount required or the
				facilities to produce the item in that amount, the State agency may, in
				addition, require the vendor to have the subcontractor furnish security
				acceptable to the State agency, conditioned on the source supplying the vendor
				as required in the solicitation.
f)
				Bid or Proposal Security
1) The bid or
				proposal will be used to ensure the bidder or offeror meets all obligations
				imposed under the solicitation, including the obligation to keep the price, bid
				or proposal firm for as long a period as specified in the solicitation to enter
				into a contract and the obligation to file a performance security. If required,
				when the contract is awarded, the State agency may retain the bid or proposal
				security as damages of the bidder or offeror fails to meet its
				obligations.
2) The bid or proposal
				security will be returned to the vendor as soon as is practicable after the bid
				or proposal opening. The three lowest qualified vendors' security will be
				returned as soon as possible after the contract is awarded or, if performance
				security is required, as soon as the successful vendor has filed acceptable
				performance security. Security will be returned to the unsuccessful vendors
				upon expiration of the bid or proposal firm time or execution of the contract,
				whichever is earlier.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1 - CHIEF PROCUREMENT OFFICER FOR GENERAL SERVICES STANDARD PROCUREMENT › Subpart H - SPECIFICATIONS AND SAMPLES › Section 1.2050 - Specifications and Samples

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Responsibilities Regarding Specifications
Subject to the SPO's direction, the State agency shall draft
				  the necessary specifications.
b) Procedures for the Development of
				Specifications
1) All procurements shall be
				based on specifications that accurately reflect the State's needs.
				Specifications shall clearly and precisely describe the salient technical or
				performance requirements and shall be written in such a manner as to describe
				the requirements to be met, without being unduly restrictive or having the
				effect of exclusively requiring a proprietary supply or service, or procurement
				from a sole source, unless no other manner of description will
				suffice.
2) Any specifications or
				standards adopted by business, industry, not-for-profit organization or
				governmental unit may be adopted by reference.
3) A specification may provide alternate
				descriptions when two or more design, functional or performance criteria will
				satisfactorily meet the State's requirements.
4) Article 45 of the Code shall be considered
				and applied when required or appropriate.
5)
A solicitation or specification
				for a contract, or a contract, may not require, stipulate, suggest or encourage
				a monetary or other financial contribution or donation, cash bonus or
				incentive, or economic investment as an explicit or implied term or condition
				of awarding or completing the contract.
[30 ILCS
				500/20-50 ]
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1 - CHIEF PROCUREMENT OFFICER FOR GENERAL SERVICES STANDARD PROCUREMENT › Subpart I - CONTRACTS › Section 1.2055 - Types of Contracts

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Scope
This Section contains descriptions of types of contracts and
				  limitations as to when they may be utilized by the State in its procurements.
				  Types of contracts not mentioned in this Section may also be utilized with the
				  approval of the SPO.
b)
				Prohibition of Cost-Plus-a-Percentage-of-Cost Contracting
The cost-plus-a-percentage-of-cost contract is prohibited by
				  Section 20-55 of the Code. This type of contracting may not be used alone or in
				  conjunction with an authorized type of contract. A cost-plus-percentage-of-cost
				  contract is one in which the vendor selects the supply or service on which the
				  vendor's percentage is applied.
1) A
				percentage mark-up from an agreed price list is not a
				cost-plus-a-percentage-of-cost contract.
2) A percentage mark-up from the cost of a
				supply or service selected by the State or another vendor under contract to the
				State is not a cost-plus-a-percentage-of-cost contract.
3) A percentage mark-up from the cost of
				parts needed in relation to a contract for services does not convert the
				services contract to a prohibited cost-plus-a-percentage-of-cost contract,
				provided the parts supplied under the cost-plus-a-percentage-of-cost method do
				not exceed 20% of the value of the contract.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1 - CHIEF PROCUREMENT OFFICER FOR GENERAL SERVICES STANDARD PROCUREMENT › Subpart I - CONTRACTS › Section 1.2060 - Duration of Contracts - General

Current through Register Vol. 48, No. 28, July 12, 2024
a) General
The term of a contract, including potential renewals, may not
				  exceed 10 years except a software license designated as a perpetual license is
				  not considered a multi-term contract; it is instead a one-time purchase.
b) Subject to Appropriation
Each contract is contingent upon and subject to the
				  availability of funds. The State agency, at its sole option, may terminate or
				  suspend a contract, in whole or in part, without penalty or further payment
				  being required, if the Illinois General Assembly or the federal funding source
				  fails to make an appropriation sufficient to pay that obligation or if funds
				  needed are insufficient for any reason. Each contract payable in whole or in
				  part by any funds appropriated by the Illinois General Assembly shall recite
				  that the contract is subject to termination and cancellation for lack of, or
				  insufficiency in, funding. A vendor will be notified in writing by the State
				  agency of a failure to receive or a reduction or decrease in any appropriation
				  affecting the contract. This provision applies to only those contracts that are
				  funded in whole or in part by funds appropriated by the Illinois General
				  Assembly or other governmental entity.
c) Conditions for Use of Multi-Year Contracts
A multi-year contract may be used when:
1) special production of definite quantities
				or the furnishing of long-term services is required to meet State needs;
				or
2) a multi-year contract will
				serve the best interests of the State by encouraging effective competition or
				otherwise promoting economies in State procurement. The following factors are
				among those relevant to such a determination:
A) firms that are not willing or able to
				compete because of high start-up costs or capital investment in facility
				expansion will be encouraged to participate in the competition when they are
				assured of recouping costs during the period of contract performance;
B) lower production costs because of a larger
				quantity of service requirements, and substantial continuity of production or
				performance over a longer period of time, can be expected to result in lower
				unit prices;
C) stabilization of
				the vendor's work force over a longer period of time may promote economy and
				consistent quality; or
D) the cost
				and burden of contract solicitation, award and administration of the
				procurement may be reduced.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1 - CHIEF PROCUREMENT OFFICER FOR GENERAL SERVICES STANDARD PROCUREMENT › Subpart I - CONTRACTS › Section 1.2065 - Cancellation of Contracts

Current through Register Vol. 48, No. 28, July 12, 2024
a) In
				any of the following cases, the State agency, in consultation with the SPO,
				shall have the right to terminate or rescind any contract entered into under
				this Part without penalty:
1) The successful
				vendor inexcusably fails to furnish a satisfactory performance bond within the
				time specified.
2) The vendor
				inexcusably fails to make delivery at the place or within the time specified in
				the contract or as ordered by the purchasing agency.
3) Any supplies or services provided under
				the contract are rejected (for not meeting specification, not conforming to
				sample, or not being in good condition when delivered) and are not promptly
				replaced by the vendor. If there are repeated rejections of the vendor's
				supplies or services, this shall be grounds for termination or rescission, even
				though the vendor offers to replace the supplies or services
				promptly.
4) The vendor is guilty
				of misrepresentation (e.g., misbranding of food or drugs) in connection with
				another contract for the sale of supplies or services to the State such that
				the vendor cannot reasonably be depended upon to fulfill obligations as a
				responsible vendor under other contracts with the State.
5) The vendor should be adjudged bankrupt;
				enter into receivership or make a general assignment for the benefit of
				creditors due to insolvency; disregard laws, rules, or instructions of the SPO;
				or act in violation of any provision of the contract; or if the contract
				conflicts with any statutory or constitutional provision of the State of
				Illinois or of the United States.
6) Any other breach of contract or other
				unlawful act by the vendor.
7) The
				contract was obtained by fraud, collusion, conspiracy or other unlawful means;
				or
8) The contract conflicts with
				any statutory provision of the State of Illinois or of the United
				States.