reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1300 - ATTORNEY GENERAL'S PROCUREMENT › Subpart E - SOURCE SELECTION AND CONTRACT FORMATION - GENERAL › Section 1300.2035 - Competitive Selection Procedures for Professional and Artistic Services

Current through Register Vol. 48, No. 28, July 12, 2024
a) Application
The provisions of this Section apply to every procurement of
				  professional and artistic services except those professional and other services
				  necessary to prepare for anticipated litigation, enforcement actions or
				  investigations, which are exempt from the requirements of the Code and this
				  Part.
"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 525/1-15.60 ].
b) Professional and artistic
				services are further defined as follows:
1)
				"Qualified by education" means the individual who would perform the services
				must have obtained the level of education specified in the RFP.
2) "Qualified by experience" means the
				individual who would perform the services must have the level of general
				experience specified in the RFP.
3)
				"Qualified by technical ability" means the individual who would perform the
				services must demonstrate a high degree of skill or ability in performing
				services that are the same, similar or closely related in nature to those
				specified in the RFP.
4) An
				essential element distinguishing professional and artistic services from other
				services is confidence, trust, and belief in not only the ability, but the
				talent, of the individual performing the service. These services are primarily
				for intellectual or creative skills. Contracts for services primarily involving
				manual skills or labor are not professional and artistic services contracts.
				(See Illinois Attorney General Opinion S-256, January 20, 1971.)
5) If the professional or artistic contract
				is with a firm or other business entity, the individuals whose education,
				experience and technical ability provided the basis on which the firm or other
				business entity was selected must meet the qualifications.
6) When a State agency requires services that
				meet the requirements of this subsection (b), the competitive selection
				procedures described in this Section must be followed. Services that do not
				meet the requirements of this Section must be procured in accordance with other
				methods of source selection authorized by the Code and this Part.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1300 - ATTORNEY GENERAL'S PROCUREMENT › Subpart E - SOURCE SELECTION AND CONTRACT FORMATION - GENERAL › Section 1300.2036 - Other Methods of Source Selection

Current through Register Vol. 48, No. 28, July 12, 2024
a) Split Award
1) An award of a definite quantity
				requirement may be split between or among two or more contractors. Each portion
				shall be for a definite quantity and the sum of the portions shall be the total
				definite quantity required. A split award may be used only when award to more
				than one bidder or offeror for different amounts of the same item are necessary
				to obtain the total quantity or the required delivery.
2) The Procurement Officer shall make a
				written determination setting forth the reasons for the split award, which
				determination shall be made a part of the procurement file.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1300 - ATTORNEY GENERAL'S PROCUREMENT › Subpart E - SOURCE SELECTION AND CONTRACT FORMATION - GENERAL › Section 1300.2037 - 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 identical in price or valuation.
b) Tie bids or proposals will be treated 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 given in Section
				1300.4510
				of this Part. In all other situations, the decision shall be made in accordance
				with subsections (b)(2) through (5) of this Section. If two or more Illinois
				resident vendors are tied, award will be made pursuant to subsections (b)(2)
				through (5).
2) If there is a
				significant difference in responsibility (including ability to provide the
				service or deliver in the quantity and at the time required), the award will be
				made to the vendor who is deemed to be the most responsible. A vendor who has
				had experience in contracting with the State or OAG shall be given additional
				consideration in determining responsibility if the Procurement Officer
				determines that dealing with a vendor that has knowledge of State requirements,
				contracts, job sites, payment practices and such other factors and with which
				there has been favorable past experience increases the likelihood of successful
				performance.
3) If there is no
				significant difference in responsibility, but there is a difference in the
				quality of the goods or services offered, the vendor offering the best quality
				will be accepted.
4) If there is no
				significant difference in responsibility and no difference in quality of the
				goods or services offered, the vendor offering the earliest delivery time will
				be accepted in any case in which the solicitation specified that the needs of
				the OAG require as early delivery as possible.
5) If the bids or proposals are equal in
				every respect, the award shall be made by lot unless the Procurement Officer
				determines that splitting the award among two or more of the tied bidders is in
				the best interest of the State. Awards may be split if all affected bidders
				agree, if splitting is feasible given the type of goods or service requested,
				if overall pricing would not increase, if delivery would be better ensured, or
				if necessary or desirable to promote future competition.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1300 - ATTORNEY GENERAL'S PROCUREMENT › Subpart E - SOURCE SELECTION AND CONTRACT FORMATION - GENERAL › Section 1300.2038 - 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 bidders.
b) Mistakes Discovered Before Opening
A vendor may correct mistakes discovered before the time and
				  date set for opening by withdrawing or correcting as provided in this
				  Section.
c) Confirmation of
				Mistake
When the Procurement Officer knows or has reason to conclude
				  that a mistake has been made, such officer 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 in Bids Discovered After Opening
				but Before Award
This subsection (d) sets forth procedures to be applied in
				  situations in which mistakes in bids are discovered after the time and date set
				  for bid opening but before award.
1)
				Minor informalities. A minor informality or irregularity is one that is a
				matter of form or pertains to some immaterial or inconsequential defect or
				variation of a bid from the exact requirement of the IFB, the correction or
				waiver of which would not be prejudicial to the OAG (i.e., the effect on price,
				quality, quantity, delivery, or contractual conditions is negligible). The
				Procurement Officer shall waive such informalities or allow the bidder to
				correct them depending on which is in the best interest of the State. Examples
				of minor informalities as to form include the failure of a bidder to:
A) return the number of signed bids required
				by the IFB;
B) sign the bid, but
				only if the unsigned bid is accompanied by other material indicating the
				bidder's intent to be bound, including but not limited to signature on an
				auxiliary form, submission of a bid guarantee or submission of a signed
				transmittal letter; or
C)
				acknowledge receipt of an amendment to the IFB, but only if:
i) it is clear from the bid that the bidder
				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 1300 - ATTORNEY GENERAL'S PROCUREMENT › Subpart E - SOURCE SELECTION AND CONTRACT FORMATION - GENERAL › Section 1300.2040 - Cancellation of Solicitations; Rejection of Bids or Proposals

Current through Register Vol. 48, No. 28, July 12, 2024
a) Scope of this
				Section
The provisions of this Section shall govern the cancellation
				  of any solicitations whether issued by the OAG under competitive sealed
				  bidding, competitive sealed proposals, small purchases, or any other source
				  selection method, and rejection of bids or proposals in whole or in
				  part.
b) Policy
Any solicitation may be cancelled when the Procurement
				  Officer believes cancellation to be in the State's best interest. (See
				  subsection (c)(2) below.) Nothing shall compel the award of a contract.
c) Cancellation of Solicitation;
				Rejection of All Bids or Proposals Prior to Opening
1) As used in this Section, "opening" means
				the date set for opening of bids, receipt of unpriced technical offers in
				multi-step sealed bidding, or receipt of proposals in competitive sealed
				proposals.
2) Prior to opening, a
				solicitation may be cancelled in whole or in part when the Procurement Officer
				determines in writing that such action is in the State's best interest for
				reasons including, but not limited to:
A) the
				OAG no longer requires the supplies, services, or construction;
B) the OAG 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 OAG;
F) prices exceed available funds and it would
				not be appropriate to adjust quantities to accommodate funding
				constraints;
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 arrived at independently in
				open competition, may have been the result of collusion or may have been
				submitted in bad faith.
3) When a solicitation is cancelled prior to
				opening, notice of cancellation shall be sent to all businesses
				solicited.
4) The notice of
				cancellation shall:
A) identify the
				solicitation;
B) briefly explain
				the reason for cancellation; and
C)
				where appropriate, explain that an opportunity will be given to compete on any
				resolicitation or any future procurements of similar supplies, services, or
				construction.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1300 - ATTORNEY GENERAL'S PROCUREMENT › Subpart F - SUPPLIERS, PREQUALIFICATION AND RESPONSIBILITY › Section 1300.2043 - Suppliers

Current through Register Vol. 48, No. 28, July 12, 2024
a) The OAG may contract
				with any qualified source of supply, but must give preference to Directed
				Sources, and should consider the following Special Sources.
b) Directed Sources - State-Produced Supplies
				or Service
1) Correctional Industries. The
				CPO, in conjunction with the Department of Corrections, shall determine which
				supplies produced or services performed, if any, by Correctional Industries
				must be purchased by the OAG. The CPO shall determine whether such supplies or
				services meet the OAG's requirements and whether the price represents a fair
				market value for such supplies or services.
2) Central Services. Supplies and services
				available from the program operations of the Department of Central Management
				Services will be utilized unless the CPO authorizes procurement from other
				sources.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1300 - ATTORNEY GENERAL'S PROCUREMENT › Subpart F - SUPPLIERS, PREQUALIFICATION AND RESPONSIBILITY › Section 1300.2044 - Vendor List/Required Use

Current through Register Vol. 48, No. 28, July 12, 2024
a) The CPO may maintain a list of vendors
				interested in doing business with the OAG. Lists of names and addresses of
				bidders shall be available for public inspection.
b) Inclusion or exclusion from the vendor
				list of the name of a business does not indicate whether the business is
				responsible in respect to a particular procurement or otherwise capable of
				successfully performing a State contract.
c) Invitations for Bids and other
				solicitations will be sent to vendors on the vendor list for goods or services
				in question, except in the following cases:
1)
				The vendor does not sell the particular commodity or equipment;
2) When the number of vendors for a
				procurement classification is of such magnitude that optimum prices may
				reasonably be expected without soliciting the entire vendor list, the OAG may,
				if it determines that the best interest of the State would be served, rotate
				the selection from the list on any equitable basis; or
3) The IFB may be confined to bidders in a
				limited geographical service area, when the OAG determines that the best
				interests of the State will be served by so doing (example: purchases of
				ready-mix concrete, perishables, and equipment requiring periodic
				service).
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1300 - ATTORNEY GENERAL'S PROCUREMENT › Subpart F - SUPPLIERS, PREQUALIFICATION AND RESPONSIBILITY › Section 1300.2045 - Prequalification

Current through Register Vol. 48, No. 28, July 12, 2024
a) General
1) The CPO may require that vendors be
				prequalified as a condition of being placed on the bid list. If so, vendors
				shall be given an opportunity to prequalify at least one time per year. The
				opportunity to prequalify, and whether prequalification will be a condition of
				bidding or being awarded a contract, shall be announced in the
				Bulletin.
2) The fact that a
				prospective vendor has been prequalified does not necessarily represent a
				finding of responsibility for a particular procurement.
3) 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.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1300 - ATTORNEY GENERAL'S PROCUREMENT › Subpart F - SUPPLIERS, PREQUALIFICATION AND RESPONSIBILITY › Section 1300.2046 - Responsibility

Current through Register Vol. 48, No. 28, July 12, 2024
a) Application
Contracts are to be made only with responsible vendors unless
				  no responsible vendor is available to meet the OAG's needs. If there is doubt
				  about responsibility, and if a bond or other security would adequately protect
				  the State's interests, then that vendor may be awarded a contract upon receipt
				  of the bond or other security.
b) Standards of Responsibility
1) Standards. Factors to be considered in
				determining whether the standard of responsibility has been met include whether
				a prospective vendor:
A) has available the
				appropriate financial, material, equipment, facility, and personnel resources
				and expertise (or the ability to obtain same) necessary to indicate its
				capability to meet all contractual requirements;
B) is able to comply with required or
				proposed delivery or performance schedules, taking into consideration all
				existing commercial and governmental commitments;
C) has a satisfactory record of performance.
				Vendors who are or have been deficient in current or recent contract
				performance in dealing with the State or other customers may be deemed "not
				responsible" unless the deficiency is shown to have been beyond the reasonable
				control of the vendor;
D) has a
				satisfactory record of integrity and business ethics. Vendors who are under
				investigation or indictment for criminal or civil actions that bear on the
				particular procurement or that would make contracting with that vendor
				undesirable may be declared not responsible for the particular
				procurement;
E) is qualified
				legally to contract with the State;
F) has supplied all necessary information in
				connection with the inquiry concerning responsibility;
G) has a current Public Contracts number from
				the Illinois Department of Human Rights pursuant to 44 Ill. Adm. Code
				250.210, if
				required. Proof of application prior to opening of bids or proposals will be
				sufficient for an initial determination; and
H) pays prevailing wages, if required by
				law.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1300 - ATTORNEY GENERAL'S PROCUREMENT › Subpart G - BID, PROPOSAL AND PERFORMANCE SECURITY › Section 1300.2047 - Security Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The Procurement Officer may require that a vendor furnish bid, proposal, or
				performance security on OAG contracts. Whenever security is required, except as
				provided herein, the procurement document will clearly indicate the type and
				amount of security.
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.
c) Unless the amount is
				set by law, the Procurement Officer will determine the amount, in dollars or
				percentage of contract price, that will adequately protect the State's
				interests.
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)
				Permissive/Mandatory Security
1) Bid or
				proposal security is permissive on any contract but is not appropriate on
				emergency or sole source procurements.
2) Performance security is permissive on any
				contract and is recommended on contracts calling for advance payment.
3) Performance security is required on all
				public works contracts.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1300 - ATTORNEY GENERAL'S PROCUREMENT › Subpart H - SPECIFICATIONS AND SAMPLES › Section 1300.2050 - Specifications and Samples

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Responsibilities Regarding Specifications
1)
				The Procurement Officer is authorized to write specifications for procurements
				for the OAG.
2) When a written
				determination is made by the Procurement Officer authorized to prepare the
				specifications that there will be no substantial conflict of interest involved
				and it is otherwise in the best interest of the State, a contract to prepare
				specifications for OAG use in procurement of supplies or services may be
				entered into provided the Procurement Officer retains the authority to finally
				approve the specifications.
3) If a
				specification for general or common use or a qualified products list exists for
				an item to be procured under Section 20-20 of the Code (Small Purchases), it
				shall be used except as otherwise authorized by the CPO. If no such
				specification exists, the Procurement Officer is hereby granted the authority
				to prepare specifications for use in such purchases. In an emergency under
				Section 20-30 of the Code (Emergency Procurements), any necessary specification
				may be utilized by the Procurement Officer without regard to the provisions of
				this Subpart.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1300 - ATTORNEY GENERAL'S PROCUREMENT › Subpart I - CONTRACT TYPE › Section 1300.2055 - Types of Contracts

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Scope of Rule
This Section contains descriptions of types of contracts and
				  limitations as to when they should be utilized by the OAG in its
				  procurements.
b)
				Prohibition of Cost-Plus-a-Percentage-of-Cost Contracting
The cost-plus-a-percentage-of-cost contract is prohibited by
				  Section 20-55 (Types of Contracts) of the Illinois Procurement Code and by this
				  Part. This type of contracting may not be used alone or in conjunction with an
				  authorized type of contract.
c) Types of Fixed-Price Contracts
1) Firm Fixed-Price Contract. A firm
				fixed-priced contract provides a price that is not subject to adjustment
				because of variations in the contractor's cost of performing the work specified
				in the contract.
2) Fixed-Price
				Contract with Price Adjustment.
A) A
				fixed-price contract with price adjustment provides for variation in the
				contract price under special conditions defined in the contract, other than
				customary provisions authorizing price adjustments due to modifications to the
				work. The formula or other basis by which the adjustment in contractor price
				can be made shall be specified in the solicitation and the resulting contract.
				Adjustment allowed may be upward or downward only, or both upward and downward.
				Examples of conditions under which adjustments may be provided in fixed-price
				contracts are:
i) changes in the contractor's
				labor agreement rates as applied to industry or areawide (such as are
				frequently found in State contracts for the purchase of coal);
ii) changes due to rapid and substantial
				price fluctuations, which can be related to an accepted index (such as
				contracts for gasoline, heating oils, and dental gold alloy); and
iii) in requirement contracts (subsection
				(g)(3) of this Section) when a general price change applicable to all customers
				occurs, or when a general price change alters the base price (such as a change
				in a manufacturer's published price list or posted price to which a fixed
				discount is applied pursuant to the contract to determine the contract
				price).
B) If the
				contract permits unilateral action by the contractor to bring about the
				condition under which a price increase may occur, the OAG shall have the right
				to reject the price increase and terminate without cost the future performance
				of the contract.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1300 - ATTORNEY GENERAL'S PROCUREMENT › Subpart J - DURATION OF CONTRACTS › Section 1300.2060 - Duration of Contracts - General

Current through Register Vol. 48, No. 28, July 12, 2024
a) General
1) A multi-year contract for a term up to 10
				years is authorized when determined by the CPO to be in the best interest of
				the OAG and the State, inclusive of proposed contract renewals.
2) A software license may have a term longer
				than 10 years, including for a perpetual term, provided the payment term is
				limited to no more than 10 years.
3) A lease for real property or capital
				improvements shall be in accordance with Sections
				1300.4005
				through
				1300.4045.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1300 - ATTORNEY GENERAL'S PROCUREMENT › Subpart K - CONTRACT MATTERS › Section 1300.2560 - Prevailing Wage

Current through Register Vol. 48, No. 28, July 12, 2024
a) For
				the following classifications and if competition exists, no bidder, offeror,
				potential contractor or contractor will be awarded a contract unless its
				employees are paid wages and benefits and are working under conditions
				prevalent in the location where the work is to be performed.
1) Public works
2) Printing
3) Janitorial cleaning, window washing, food
				and security guard services having a monthly contract price of $200 or more or
				a yearly price of $2,000 or more.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1300 - ATTORNEY GENERAL'S PROCUREMENT › Subpart K - CONTRACT MATTERS › Section 1300.2580 - Subcontractors

Current through Register Vol. 48, No. 28, July 12, 2024
All competitive sealed proposals, including proposals for
				  professional and artistic services, shall include a provision to require each
				  offeror to identify, either in its proposal or prior to award, the identity of
				  the subcontractors that will be used in the performance of the contract and the
				  general type of work to be performed by these subcontractors, as well as the
				  amounts expected to be paid to each subcontractor.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1300 - ATTORNEY GENERAL'S PROCUREMENT › Subpart L - CONTRACT PRICING › Section 1300.2800 - All Costs Included

Current through Register Vol. 48, No. 28, July 12, 2024
Unless otherwise allowed by the solicitation, prices quoted
				  shall be all inclusive covering transportation, transit insurance, delivery,
				  installation, taxes, and any other costs.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1300 - ATTORNEY GENERAL'S PROCUREMENT › Subpart N - REAL PROPERTY LEASES AND CAPITAL IMPROVEMENT LEASES › Section 1300.4005 - Real Property Leases and Capital Improvement Leases

Current through Register Vol. 48, No. 28, July 12, 2024
Except as otherwise authorized or required by law, real
				  property leases and capital improvement leases shall be procured in accordance
				  with Article 40 of the Code and this Part.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1300 - ATTORNEY GENERAL'S PROCUREMENT › Subpart N - REAL PROPERTY LEASES AND CAPITAL IMPROVEMENT LEASES › Section 1300.4010 - Renewal

Current through Register Vol. 48, No. 28, July 12, 2024
The renewal or extension of leases in effect before July 1,
				  1998 shall be in accordance with Section 40-15 of the Code except that Section
				  40-15(b)(5)(ii) and (iii) shall not apply.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1300 - ATTORNEY GENERAL'S PROCUREMENT › Subpart N - REAL PROPERTY LEASES AND CAPITAL IMPROVEMENT LEASES › Section 1300.4015 - Method of Source Selection

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Leases shall be procured by using a Request for Information process, except as
				provided in subsection (b).
b) The
				RFI process is not required in the following circumstances.
1)
Property of less than 10,000
				square feet with rent of less than $100,000 per year.
2)
Duration of less than one year
				that cannot be renewed.
3)
Specialized space available at only one location.
4)
Renewal or extension of leases
				provided that:
A)
The CPO
				determines in writing that the renewal or extension is in the best interest of
				the OAG and the State;
B)
The CPO submits the written determination and the renewal or extension
				to the OAG PPCMB;
C)
The OAG PPCMB does not object in writing to the renewal or extension
				within 30 calendar days after its submission;
D)
The CPO publishes notice of the
				renewal or extension in the Bulletin;
and
E) The length of the lease, including
				renewals, does not exceed 10 years.
5)
Leases with other governmental
				units may be negotiated without using the RFI process when deemed by the CPO to
				be in the best interest of the OAG and the State.
[30 ILCS
				500/40-15 ]
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1300 - ATTORNEY GENERAL'S PROCUREMENT › Subpart N - REAL PROPERTY LEASES AND CAPITAL IMPROVEMENT LEASES › Section 1300.4020 - Request for Information and Review of Proposed Leases

Current through Register Vol. 48, No. 28, July 12, 2024
a) An RFI will contain at a minimum the
				following information:
1) A description of the
				general
type of property to be leased
;
2)
The proposed use of the
				property;
3) The proposed
				term of the lease;
4) The
preferred location of the property
[30 ILCS
				500/40-20(b)
				]
;
5) General
				information such as size of space, configuration desired and any other
				appropriate requirements;
6) The
				address to which responses to the RFI may be sent; and
7) The date on which responses are
				due.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1300 - ATTORNEY GENERAL'S PROCUREMENT › Subpart N - REAL PROPERTY LEASES AND CAPITAL IMPROVEMENT LEASES › Section 1300.4025 - Lease Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Length of Leases
1) Maximum Term. Except when
				a longer term is authorized by law,
leases shall be for a term not to
				exceed 10 years inclusive of proposed contract renewals and shall include a
				termination option in favor of the
OAG
after 5 years
.
				[30 ILCS
				500/40-25(a) ]
2) Renewal Option.
Leases may include
				a renewal option. An option to renew may be exercised only when the
CPO
determines in writing that renewal is in the best interest of the
				State and notice of the exercise of the option is published in
the
				next available issue of the Illinois Procurement Bulletin. [30 ILCS
				500/40-25(b) ]
3) Holdover.
No lease may continue on
				a month-to-month or other holdover basis for a total of more than 6
				months
. [30 ILCS
				500/40-25(d) ]
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1300 - ATTORNEY GENERAL'S PROCUREMENT › Subpart N - REAL PROPERTY LEASES AND CAPITAL IMPROVEMENT LEASES › Section 1300.4045 - Emergency Lease Procurements

Current through Register Vol. 48, No. 28, July 12, 2024
Emergency lease procurements may be made pursuant to 44 Ill.
				  Adm. Code
				  1300.2030
				  of this Part.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1300 - ATTORNEY GENERAL'S PROCUREMENT › Subpart O - PREFERENCES › Section 1300.4500 - Contracting with Businesses Owned and Controlled by Minorities, Women, and Persons with Disabilities

Current through Register Vol. 48, No. 28, July 12, 2024
a) As
				required by Section 9 of the Attorney General Act [15 ILCS 205 ]
				and in accordance with the Business Enterprise for Minorities, Women, and
				Persons with Disabilities Act [30 ILCS 575 ] (Act), the
				Attorney General establishes the following aspirational goals for contract
				awards for all contracts for goods and services, excluding contracts for
				services relating to investigations or litigation:
1) At least 30% of the dollar value of OAG
				contracts shall be awarded to businesses owned by minorities, women, and
				persons with disabilities; and
2)
				Of this 30%, 10% shall be for women-owned businesses, 4% for businesses owned
				by persons with disabilities and not-for-profit agencies for the disabled, and
				the remaining 16% for other minority-owned businesses.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1300 - ATTORNEY GENERAL'S PROCUREMENT › Subpart O - PREFERENCES › Section 1300.4505 - Procurement Preferences

Current through Register Vol. 48, No. 28, July 12, 2024
The procurement preferences identified in Article 45 of the
				  Code must be considered in developing procurement documents, conducting
				  evaluations and drafting contracts.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1300 - ATTORNEY GENERAL'S PROCUREMENT › Subpart O - PREFERENCES › Section 1300.4510 - Resident Bidder Preference

Current through Register Vol. 48, No. 28, July 12, 2024
a) "Illinois resident vendor" as used in this
				Section means a person, including a foreign corporation, duly authorized to
				transact business in this State and having a bona fide establishment for
				transacting business within this State at which it was actually transacting
				business on the date when any competitive solicitation for a public contract
				was first advertised or announced.
b) In breaking a tie, an Illinois resident
				vendor shall be given the award.
c)
				An Illinois resident vendor who would perform the services or provide the
				supplies from another state shall be considered a resident of that other state
				as against an Illinois resident vendor who would perform the services or
				provide the supplies from Illinois, if that other state has an in-state
				preference.
d) If an Illinois
				resident vendor produces or performs at least 51% of the goods or services in
				another state, that Illinois resident vendor shall be considered a resident of
				that other state for purposes of application of this reciprocal preference when
				evaluating the bid of an Illinois resident contractor that produces or performs
				at least 51% of the goods or services in Illinois.
e) The Procurement Officer may refer to the
				list of states with in-state preference maintained by DCMS, which shall be
				considered in all procurements involving out-of-state vendors.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1300 - ATTORNEY GENERAL'S PROCUREMENT › Subpart O - PREFERENCES › Section 1300.4530 - Correctional Industries

Current through Register Vol. 48, No. 28, July 12, 2024
a) To
				the extent economically practicable, the Procurement Officer shall refer to,
				and make purchases from, the listing maintained by DCMS of goods or services
				available from Illinois Correctional Industries (ICI).
b) When the Procurement Officer determines
				that it is not economically practicable to make a purchase of goods or services
				from ICI, the Procurement Officer shall provide a written explanation for the
				determination to the OAG PPCMB no less than 7 days prior to executing a
				contract to obtain goods or services from a source other than ICI.
c) The Procurement Officer is authorized to
				procure from ICI without seeking competition or giving public notice.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1300 - ATTORNEY GENERAL'S PROCUREMENT › Subpart O - PREFERENCES › Section 1300.4535 - Certified Work Centers for Persons with Significant Disabilities

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Procurement
				Officer shall refer to information prepared by DCMS regarding qualified
				not-for-profit agencies' certified work centers for persons with significant
				disabilities and categories of goods and services set-aside to those work
				centers by DCMS. To the extent practicable, the OAG will follow such
				set-asides.
b) Pricing Approval
While notice and competition is not required prior to
				  contracting with a certified work center for persons with significant
				  disabilities, prices must be reasonable. Whether a price is reasonable will be
				  determined based upon current market prices, historical prices, prices received
				  by other State agencies for similar goods or services, the policy of the Code
				  to promote procurements from certified work centers, and other such relevant
				  factors.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1300 - ATTORNEY GENERAL'S PROCUREMENT › Subpart O - PREFERENCES › Section 1300.4540 - Gas Mileage

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Vehicle specifications shall require compliance with minimum gas mileage
				requirements established in Section 45-40 of the Code.
b) Requests for exceptions must be approved
				by the CPO. Requests must fully describe the circumstances necessitating a
				non-compliant vehicle.
c) No
				exception will be granted unless it is clear from the request that a
				non-compliant vehicle is necessary in order to carry out the functions of the
				OAG.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1300 - ATTORNEY GENERAL'S PROCUREMENT › Subpart P - ETHICS › Section 1300.5013 - Conflicts of Interest

Current through Register Vol. 48, No. 28, July 12, 2024
a) An
				individual has a direct pecuniary interest in a contract when the individual is
				owed a payment in conjunction with performance of a contract, including, but
				not limited to, finder's fees and commission payments.
b) Distributable income means the amount of
				income actually distributed to those entitled to receive a share of such income
				after a company has paid all expenses, including employee salary and bonuses,
				and retained earnings.
c) This
				Section does not apply to contracts with licensed professionals provided such
				contracts are competitively bid. (For purposes of this Section, "bid" means
				procured pursuant to the competitive procedures identified in Subpart E of this
				Part.)
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1300 - ATTORNEY GENERAL'S PROCUREMENT › Subpart P - ETHICS › Section 1300.5015 - Negotiations for Future Employment

Current through Register Vol. 48, No. 28, July 12, 2024
a) It is unlawful for any person employed in
				or on a continual contractual relationship with any of the offices or agencies
				of State government to participate in contract negotiations on behalf of that
				office or agency with any firm, partnership, association, or corporation with
				whom that person has a contract for future employment or is negotiating
				concerning possible future employment. [30 ILCS 525/50-15(a) ]
b) An individual who performs services
				pursuant to a contract and who meets the requirements of an "employee" as
				opposed to an "independent contractor" is in a "continued contractual
				relationship" for the effective date of the contract until such time as the
				contract is terminated.
c) An
				individual who performs services pursuant to a contract and who meets the
				requirements of an "independent contractor" as opposed to an "employee" is in a
				"continual contracted relationship" if the contract term is indefinite, is
				automatically renewed, is renewable at the individual's option, is renewable
				unless the OAG 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 1300 - ATTORNEY GENERAL'S PROCUREMENT › Subpart P - ETHICS › Section 1300.5020 - Exemptions

Current through Register Vol. 48, No. 28, July 12, 2024
If the Purchasing Officer finds a conflict of interest under
				  Section 50-13 of the Code with the vendor selected for award or contract
				  negotiations, the Purchasing Officer shall forward to the CPO the name of the
				  vendor and a description of the proposed contract and of the potential
				  conflict, and shall state why an exemption should be granted. The CPO shall
				  decide whether to refuse to allow a contract or to grant an
				  exemption.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1300 - ATTORNEY GENERAL'S PROCUREMENT › Subpart P - ETHICS › Section 1300.5030 - Revolving Door

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Procurement Officers, Procurement Officer designees and OAG PPCMB members are
				subject to the revolving door provisions of the Code [30 ILCS
				500/50-30 ].
b) Each Procurement Officer shall identify
				designees in writing and shall maintain the designation for a period of at
				least two years following the end or revocation of the designation.
c) Procurement Officer designees whose job or
				position descriptions are at least 51% directly related to State procurement
				are subject to this Section. The following activities are directly related to
				State procurement: drafting specifications, preparing IFBs and RFPs, evaluating
				responses to IFBs and RFPs, negotiating contracts and supervising any of the
				foregoing.
d) OAG employees and
				former employees are also subject to Section 5-45 of the State Officials and
				Employees Ethics Act [5
				ILCS 430/5-45 ].
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1300 - ATTORNEY GENERAL'S PROCUREMENT › Subpart P - ETHICS › Section 1300.5035 - Disclosure of Financial Interests and Potential Conflicts of Interest

Current through Register Vol. 48, No. 28, July 12, 2024
a) Distributable income
				means the amount of income actually distributed to those entitled to receive a
				share of such income after a company has paid all expenses, including employee
				salary and bonuses, and retained earnings.
b) Personal Services shall be any contract
				for services subject to the Code including, by way of example, professional and
				artistic services, repair services, cleaning and guard services.
c) "Competitively bid" means a contract let
				pursuant to Section 20-10 of the Code.
d) The CPO may prescribe forms for the
				disclosure of potential conflicts of interest and financial interests of
				bidders or offerors required under Section 50-35 of the Code.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1300 - ATTORNEY GENERAL'S PROCUREMENT › Subpart P - ETHICS › Section 1300.5037 - Vendor Registration, Certification and Prohibition on Political Contributions

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Introduction
Illinois law [
				  10 ILCS
				  5/9-35 and 30 ILCS 500/20-160 and 50-37] (the
				  statutes) 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
				  law. 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 proposals that are subject to the Code and this Part;
A) Bids/proposals referenced in this Section
				are those submitted in response to a competitive solicitation that is posted to
				the Bulletin on or after January 1, 2009, regardless of the value assigned to
				the procurement.
B) Bids and
				proposals include pending bids and proposals.
C) These requirements generally apply to a
				vendor whose existing State contracts have an aggregate value in excess of
				$50,000, whose aggregate value of bids/proposals for State contracts exceeds
				$50,000, or whose aggregate value of State contracts and bids/proposals exceeds
				$50,000.
D) This value is
				calculated on a calendar-year basis.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1300 - ATTORNEY GENERAL'S PROCUREMENT › Subpart P - ETHICS › Section 1300.5039 - Communications Related to Procurement

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any OAG employee who receives a written or
				oral communication that imparts or requests material information or makes a
				material argument regarding potential action concerning a procurement matter,
				including but not limited to an application, a contract or a project, shall
				[30 ILCS
				500/50-39 ] report the communication to the OAG PPCMB.
				The OAG PPCMB shall make each report submitted pursuant to this Section
				available for review within 7 days after its receipt of the report.
b) A communication must be reported if it is
				material, regarding potential action, relating to a procurement matter and not
				otherwise excluded from reporting.
1)
				Materiality
A) "Material information" is
				information that a reasonable person would deem important in determining his or
				her course of action. It is information pertaining to significant issues,
				including, but not limited to, price, quantity and terms of payment or
				performance.
B) A "material
				argument" is a communication that a reasonable person would believe was made
				for the purpose of influencing a decision relating to a procurement matter. It
				does not include general information about products, services or industry best
				practices, or response to a communication initiated by an OAG employee for the
				purpose of providing information to evaluate new products, trends, services or
				technologies.
C) In determining
				whether a communication is material, the OAG employee must consider:
i) whether the information conveyed is new or
				already known to the OAG (or repeated or restated privately) and other
				participants in the communication; and
ii) the likelihood that the information would
				influence a pending procurement matter.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1300 - ATTORNEY GENERAL'S PROCUREMENT › Subpart P - ETHICS › Section 1300.5060 - Voidable Contracts

Current through Register Vol. 48, No. 28, July 12, 2024
If the CPO identifies, discovers, or reasonably suspects that
				  a false certification or inaccurate, incomplete, or misleading disclosure has
				  been made by a contractor or a subcontractor for any of the certifications or
				  disclosures required under Article 50 of the Code, the CPO shall notify the OAG
				  PPCMB and provide it with a copy of the contract or other procurement document
				  in question. If the OAG PPCMB
finds evidence of a
false
				  certification or inaccurate, incomplete, or misleading disclosure, the OAG
				  PPCMB
shall provide written notice to the bidder, offeror, potential
				  contractor, contractor or subcontractor that is identified, discovered, or
				  reasonably suspected of
making the false certification or inaccurate,
				  incomplete, or misleading disclosure.
The bidder, offeror, potential
				  contractor, contractor or subcontractor shall have 15 days to respond in
				  writing to the
OAG PPCMB
. Upon consideration, the
OAG
				  PPCMB
shall recommend, in writing, whether to allow or void the
				  contract, bid, offer, or subcontract weighing the best interest of the State of
				  Illinois. All recommendations shall be submitted to the
Attorney
				  General, or his or her designee, for final review and to the Inspector General
				  and the CPO.