reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 4 - CHIEF PROCUREMENT OFFICER FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION STANDARD PROCUREMENT › Subpart E - SOURCE SELECTION AND CONTRACT FORMATION › Section 4.2038 - 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 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, 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 by printed form conveyed by
				  electronic mail, fax 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. Withdrawal of bids or proposals after bid or
				  proposal opening will not ordinarily be permitted; however, in those cases in
				  which, in 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When a bid or proposal is corrected or withdrawn, or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 4 - CHIEF PROCUREMENT OFFICER FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION STANDARD PROCUREMENT › Subpart E - SOURCE SELECTION AND CONTRACT FORMATION › Section 4.2039 - 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
				required 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 or proposal that
				the bidder or 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 4 - CHIEF PROCUREMENT OFFICER FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION STANDARD PROCUREMENT › Subpart E - SOURCE SELECTION AND CONTRACT FORMATION › Section 4.2040 - Cancellation of Solicitations; Rejection of Bids or Proposals

Current through Register Vol. 48, No. 28, July 12, 2024
a) Policy
Any solicitation shall be cancelled before or after opening
				  when a university requests or when the SPO determines cancellation to be in the
				  State's best interest. Any cancellation shall be justified in writing. Prior to
				  an SPO cancelling a solicitation, the SPO shall consult with the university in
				  reaching a determination of whether cancellation is in the university'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 canceled 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 university no longer requires the
				supplies or services;
B) the
				university 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
				university;
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 4 - CHIEF PROCUREMENT OFFICER FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION STANDARD PROCUREMENT › Subpart F - SUPPLIERS, PREQUALIFICATION AND RESPONSIBILITY › Section 4.2043 - Suppliers

Current through Register Vol. 48, No. 28, July 12, 2024
A university 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 N.
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
				significant disabilities in accordance with Subpart N.
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 4 - CHIEF PROCUREMENT OFFICER FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION STANDARD PROCUREMENT › Subpart F - SUPPLIERS, PREQUALIFICATION AND RESPONSIBILITY › Section 4.2044 - Vendor List

Current through Register Vol. 48, No. 28, July 12, 2024
Each university may maintain a list of vendors who have
				  expressed interest in contracting with the university. This list may be used to
				  solicit for small purchases and emergency procurements, as well as to
				  supplement Bulletin notices. Inclusion in any university-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 4 - CHIEF PROCUREMENT OFFICER FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION STANDARD PROCUREMENT › Subpart F - SUPPLIERS, PREQUALIFICATION AND RESPONSIBILITY › Section 4.2045 - Vendor Prequalification

Current through Register Vol. 48, No. 28, July 12, 2024
a) The SPO may prequalify prospective vendors
				when determination of vendor qualifications or preliminary evaluation of
				supplies or services prior to solicitation would promote the effective conduct
				of 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 for a particular
				solicitation.
c) Any opportunity to
				prequalify shall be announced in the Bulletin. The notice shall alert vendors
				that fail to participate in the prequalification process of the
				consequences.
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 a
				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 that 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 4 - CHIEF PROCUREMENT OFFICER FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION STANDARD PROCUREMENT › Subpart G - BID, PROPOSAL AND PERFORMANCE SECURITY › Section 4.2047 - Security Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Vendors shall furnish bid, proposal 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 university.
c)
				Unless the amount is set by law, the university will determine the amount, in
				dollars or percentage of contract price, that will adequately protect the
				university'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 source of
				supply 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 university may, in addition, require the
				vendor to have the source of supply furnish security acceptable to the
				university, conditioned on the source supplying the vendor as required in the
				solicitation.
f) Bid or Proposal
				Security
1) The bid or proposal security will
				be used to ensure the bidder or offeror meets all obligations imposed under the
				solicitation. This includes, but is not limited to, 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 to file a performance security. The
				university may retain the bid or proposal security as damages if 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.. Bid or proposal security will be returned to the unsuccessful vendors
				upon execution of the contract.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 4 - CHIEF PROCUREMENT OFFICER FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION STANDARD PROCUREMENT › Subpart H - SPECIFICATIONS AND SAMPLES › Section 4.2050 - Specifications and Samples

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Responsibilities Regarding Specifications
The university shall write the necessary specifications,
				  including the statement of work, subject to the SPO's review and approval. Any
				  dispute with the SPO regarding the statement of work or scope of specifications
				  can be escalated to the CPO-HE.
b) Procedures for the Development of
				Specifications
1) Specifications shall
				accurately reflect the university's needs. Specifications shall clearly and
				precisely describe the salient technical or performance requirements without
				being unduly restrictive or having the effect of 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 incorporated by reference.
3) A specification may provide alternate
				descriptions when two or more design, functional, performance or other criteria
				will satisfactorily meet the university's requirements.
4) Article 45 of the Code shall be considered
				and applied when required or appropriate, including language on reducing
				barriers to participation by small and diverse vendors.
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, economic investment, or other prohibited conduct as an explicit or
				implied term or condition for awarding or completing the contract.
[
				30 ILCS 500/20-50
				]
6)
As used in this
				Section, "prohibited conduct" includes requested payments or other
				consideration by a third party to the university or State agency that is not
				part of the solicitation or that is unrelated to the subject matter or purpose
				of the solicitation. "Prohibited conduct" does not include a payment from the
				vendor that is supported by additional consideration (such as exclusive rights
				to sell items or rights to advertise), other than the consideration of the
				State's awarding a contract to purchase goods and services.
[
				30 ILCS 500/20-50
				]
7) The solicitation shall
				identify what specifications are essential and what optional specifications may
				be included in the project. All options must be identified in the invitation
				for bid or request for proposal as optional work.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 4 - CHIEF PROCUREMENT OFFICER FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION STANDARD PROCUREMENT › Subpart I - CONTRACTS › Section 4.2055 - 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 university in its
				  procurements. Types of contracts not mentioned in this Section may be utilized
				  with 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 university or another vendor under contract
				to the university is not a cost-plus-a-percentage-of-cost contract.
3) A percentage mark-up from cost for 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-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 4 - CHIEF PROCUREMENT OFFICER FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION STANDARD PROCUREMENT › Subpart I - CONTRACTS › Section 4.2060 - 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.
1) A software license
				designated as a perpetual license is not considered a multi-term contract; it
				is instead a one-time purchase.
2)
				The length of a lease for real property or capital improvements shall be in
				accordance with Section 40-25 of the Code.
3) The length of an energy conservation
				program contract or energy savings contract or leases shall be in accordance
				with Section 25-45 of the Code and the Public University Energy Conservation
				Act [ 110 ILCS 62 ].
4) The length
				of a lease for State-owned dark fiber networks shall be in accordance with
				Section 20-60 of the Code.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 4 - CHIEF PROCUREMENT OFFICER FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION STANDARD PROCUREMENT › Subpart I - CONTRACTS › Section 4.2065 - Cancellation of Contracts

Current through Register Vol. 48, No. 28, July 12, 2024
a) In
				any of the following cases, the university shall have the right to terminate or
				rescind any contract entered into under this Part without penalty:
1) The successful vendor fails to furnish a
				satisfactory performance bond within the time specified.
2) The vendor fails to make delivery at the
				place or within the time specified in the contract or as ordered by the
				purchasing university.
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 university; 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, including failure to achieve contract goals agreed
				to in the vendor's utilization plan.
7) The contract was obtained by fraud,
				collusion, conspiracy or other unlawful means.
8) The contract conflicts with any statutory
				provision of the State of Illinois or of the United States.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 4 - CHIEF PROCUREMENT OFFICER FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION STANDARD PROCUREMENT › Subpart I - CONTRACTS › Section 4.2067 - Contract Amendments and Change Orders

Current through Register Vol. 48, No. 28, July 12, 2024
a) Contract amendments memorialize actions:
1) authorized by specific language in the
				contract (e.g., exercise of an option or showing price decrease or increase
				based on CPI), or changes that do not affect price or time of performance
				(e.g., change in names of notice contacts or number of periodic status
				meetings);
2) not specifically
				authorized in a contract (e.g., material changes to terms and conditions that
				affect price or time of performance). This type of amendment constitutes a
				change order.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 4 - CHIEF PROCUREMENT OFFICER FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION STANDARD PROCUREMENT › Subpart J - PROCUREMENT FILES › Section 4.2084 - Record Retention

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Procurement information, including, without limitation, that pertaining to the
				Procurement Bulletin, and performance and payment under contracts and
				subcontracts shall be maintained in accordance with the State Records Act [ 5
				ILCS 160 ]. Books and records that relate to performance of a contract,
				including subcontracts, and that support amounts charged shall be maintained:
1) by a vendor, for three years from the date
				of final payment under the prime contract; and for such longer period of time
				as is necessary to complete ongoing or announced audits or to comply with
				federal requirements.
2) by a
				subcontractor for three years from the date of final payment under the
				subcontract or completion of the subcontract, and for such longer period of
				time as is necessary to complete ongoing or announced audits.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 4 - CHIEF PROCUREMENT OFFICER FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION STANDARD PROCUREMENT › Subpart J - PROCUREMENT FILES › Section 4.2086 - Contract Filing

Current through Register Vol. 48, No. 28, July 12, 2024
a)
Filing with Comptroller
1)
Whenever a grant, defined pursuant to accounting standards established
				by the
State
Comptroller, or a contract liability, except for
				contracts paid for from personal services, or contracts between the State and
				its employees to defer compensation in accordance with Article 24 of the
				Illinois Pension Code
[ 40 ILCS 5 ]
, exceeding $20,000 is
				incurred by any
university
, a copy of the contract, purchase
				order, grant or lease shall be filed with the Comptroller within 30 calendar
				days thereafter.
[
				30 ILCS
				500/20-80(b) ]
2)
For each State contract for goods,
				supplies or services awarded on or after July 1, 2010, the contracting
university
shall provide the applicable rate and unit of measurement of
				the goods, supplies, or services on the contract obligation document as
				required by the Comptroller.
[
				30 ILCS
				500/20-80(b) ]
3)
Any cancellation or modification
				to any such contract liability shall be filed with the Comptroller within 30
				calendar days
after
its execution
. [
				30 ILCS
				500/20-80(b) ]
4) A contract filed with the Comptroller
				shall identify the method of source selection.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 4 - CHIEF PROCUREMENT OFFICER FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION STANDARD PROCUREMENT › Subpart K - WORKING CONDITIONS › Section 4.2560 - Prevailing Wage

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Responsible Vendors
1) In order to be
				considered responsible under Section
				4.2046, vendors of
				the following classifications of services must certify that wages to be paid to
				their employees are no less, and fringe benefits and working conditions of
				employees are not less favorable, than those prevailing in the locality where
				the proposed contract is to be performed:
A)
				Printing;
B) Janitorial cleaning
				services, window cleaning services, building and grounds services, site
				technician services, natural resources services, food services and security
				services having a total value of $2000 or more or $200 or more per
				month.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 4 - CHIEF PROCUREMENT OFFICER FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION STANDARD PROCUREMENT › Subpart K - WORKING CONDITIONS › Section 4.2565 - Contracts Performed Outside the United States

Current through Register Vol. 48, No. 28, July 12, 2024
a) All competitive solicitations and all
				contracts for services, as defined in Section 1-15.90 of the Code, shall
				identify where services shall be performed under that contract, including any
				subcontracts, and shall identify whether any services are anticipated to be
				performed outside the United States.
b) The CPO-HE may consider the economic
				impact to the State of Illinois in awarding a contract in which services may or
				will be performed outside of the United States.
c) If, during the term of the contract, the
				contractor or subcontractor shifts work outside the United States, the
				contractor or subcontractor shall be in breach of contract unless the CPO-HE
				determines in writing that termination of the contract is not in the best
				interest of the university.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 4 - CHIEF PROCUREMENT OFFICER FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION STANDARD PROCUREMENT › Subpart K - WORKING CONDITIONS › Section 4.2570 - Equal Employment Opportunity; Affirmative Action

Current through Register Vol. 48, No. 28, July 12, 2024
In accordance with Section 2-101(J) of the Illinois Human
				  Rights Act (IHRA) [ 775 ILCS 5 ], the Department of Human Rights (DHR) requires
				  certain bidders or offerors to register with DHR in order to be eligible for
				  the award of certain public contracts.
"Eligible bidder" means a person
				  who, prior to contract award or prior to bid opening for State contracts for
				  construction or construction-related services, has filed with DHR a properly
				  completed, sworn and currently valid employer report form, pursuant to the
				  DHR's regulations.
[
				  775 ILCS
				  5/2-101(J) ]
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 4 - CHIEF PROCUREMENT OFFICER FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION STANDARD PROCUREMENT › Subpart K - WORKING CONDITIONS › Section 4.2580 - Successor Contractor

Current through Register Vol. 48, No. 28, July 12, 2024
a) To
				be considered a responsible bidder or offeror, in all solicitations for
				services as defined in Section 1-15.90 of the Code, all bidders or offerors
				must certify that they will:
1) assume the
				collective bargaining obligations of the prior employer; and
2) offer employment to all current employees
				employed in any existing bargaining unit performing substantially similar work
				that will be performed by the successor contractor.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 4 - CHIEF PROCUREMENT OFFICER FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION STANDARD PROCUREMENT › Subpart L - CONSTRUCTION AND CONSTRUCTION RELATED PROFESSIONAL SERVICES › Section 4.3005 - Construction and Construction Related Professional Services

Current through Register Vol. 48, No. 28, July 12, 2024
a) General Procedures
1)
Each contract for the
				construction, reconstruction, alteration, repair, improvement or maintenance of
				public works made by a public
university
shall contain a
				provision that steel products used or supplied in the performance of the
				contract or any subcontract thereto shall be manufactured or produced in the
				United States
in accordance with the Steel Products Procurement Act [
				30 ILCS 565 ]. For example, a finished supply item that contains a steel
				component, such as an HVAC system, is not considered a steel product and would
				not be subject to the Act, but a steel I-beam would be subject to the Act.
This Section does not apply:
A)
When the contract involves an
				expenditure of less than $500.
B)
When the
university
				president
certifies in writing that:
i)
the specified products are not
				manufactured or produced in the United States in sufficient quantities to meet
				the
university's requirements;
ii)
cannot be manufactured or
				produced in the United States within the necessary time in sufficient
				quantities to meet the
university's requirements; or
iii)
obtaining the specified products
				manufactured or produced in the United States would increase the cost of the
				contract by more than 10%.
C)
When its application is not in the
				public interest.
[
				30 ILCS
				565/4 ]
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 4 - CHIEF PROCUREMENT OFFICER FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION STANDARD PROCUREMENT › Subpart M - REAL PROPERTY LEASES AND CAPITAL IMPROVEMENT LEASES › Section 4.4005 - Real Property Leases and Capital Improvement Leases

Current through Register Vol. 48, No. 28, July 12, 2024
Real property leases and capital improvement leases are
				  subject to, and shall be procured in accordance with, the Code and this
				  Part.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 4 - CHIEF PROCUREMENT OFFICER FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION STANDARD PROCUREMENT › Subpart M - REAL PROPERTY LEASES AND CAPITAL IMPROVEMENT LEASES › Section 4.4010 - Authority

Current through Register Vol. 48, No. 28, July 12, 2024
SPOs shall have the authority to procure leases. Universities
				  will establish standards and criteria for leased space and space assignment to
				  meet the financial and administrative objectives to most efficiently and
				  effectively provide adequate space to operate the university in accordance with
				  its mission.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 4 - CHIEF PROCUREMENT OFFICER FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION STANDARD PROCUREMENT › Subpart M - REAL PROPERTY LEASES AND CAPITAL IMPROVEMENT LEASES › Section 4.4015 - 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 for Real Property
				or Capital Improvement Leases (RFI-RPL) process except as provided in
				subsection (b).
b) Leases acquired
				under these exceptions shall be selected and entered into by negotiation.
				Written summaries of all negotiations shall be maintained in lease files.
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.
Specialized
				space is defined as space of unique function or configuration, not generally
				available on the market on an as built or turnkey basis. Examples of
				specialized space include, but are not limited to: laboratories, vehicle
				testing stations, correctional facilities, medical facilities, boat docks and
				evidence storage facilities.
4)
Renewal or extension of a lease
,
provided
				that
:
A)
the CPO-HE
				determines in writing that the renewal or extension is in the best interest of
				the
university;
B)
the CPO-HE submits his or her written determination and the renewal or
				extension to
the
PPB
;
C) the
PPB does not object in writing
				to the renewal or extension within 30 days after its submission;
				and
D)
the CPO-HE
				or designee publishes
notice of
the renewal or extension in
				the Bulletin
.
5)
Leases with other governmental
				units
may be negotiated without using the
RFI-Real Property
				Leases process when deemed by the CPO-HE to be in the best interest of
				the
university. [30 ILCS
				500/40-15(c) ]
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 4 - CHIEF PROCUREMENT OFFICER FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION STANDARD PROCUREMENT › Subpart M - REAL PROPERTY LEASES AND CAPITAL IMPROVEMENT LEASES › Section 4.4020 - RFI-RPL Process

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				RFI-Real Property Leases (RFI-RPL) Form
When required, an RFI-RPL shall be issued and shall include
				  the following:
1)
the type of
				property to be leased;
2)
the proposed uses of the property;
3)
the duration of the
				lease;
4)
the
				preferred location of the property;
5)
a general description of the
				configuration desired;
[30 ILCS
				500/40-20(b) ]
6) special and standard lease terms and
				conditions, qualifications and responsibility requirements, disclosures and
				certifications;
7) the address to
				which responses are to be sent;
8)
				the criteria for evaluating responses based on the minimum standards and
				conditions for occupancy;
9)
				response forms and instructions for completing forms;
10) a copy of spatial and performance
				guidelines required to meet the needs of the university to occupy the real
				property being procured; and
11)
				the date and time of responses.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 4 - CHIEF PROCUREMENT OFFICER FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION STANDARD PROCUREMENT › Subpart M - REAL PROPERTY LEASES AND CAPITAL IMPROVEMENT LEASES › Section 4.4025 - 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, inclusive of renewals, shall be for a term not to
				exceed 10 years and shall include a termination option in favor of the State
				after 5 years. A lease for real property owned by the University of Illinois
				for use by the University of Illinois at Chicago for an ambulatory surgical
				center, which may include clinical and retail services, may be for a term not
				to exceed 30 years when:
A) The lease requires
				the lessor to make capital improvements of $100,000 or more; and
B) The Board of Trustees of the University of
				Illinois determines a term of more than 10 years is necessary and in the best
				interests of the University.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 4 - CHIEF PROCUREMENT OFFICER FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION STANDARD PROCUREMENT › Subpart M - REAL PROPERTY LEASES AND CAPITAL IMPROVEMENT LEASES › Section 4.4030 - Purchase Option

Current through Register Vol. 48, No. 28, July 12, 2024
Leases of all space in entire, free-standing buildings shall
				  include an option to purchase exercisable by the university, unless the CPO-HE
				  or SPO determines in writing that inclusion of that purchase option is not in
				  the State's best interest. The determination, including the reasons for making
				  that determination, shall be published in the Bulletin. Leases with
				  governmental units and not-for-profit entities are exempt from the requirements
				  of this Section.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 4 - CHIEF PROCUREMENT OFFICER FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION STANDARD PROCUREMENT › Subpart M - REAL PROPERTY LEASES AND CAPITAL IMPROVEMENT LEASES › Section 4.4035 - Rent Without Occupancy

Current through Register Vol. 48, No. 28, July 12, 2024
Except when deemed by the PPB to be in the best interest of
				  the university, no university may incur rental obligations before having
				  occupancy or possession of the space rented. For the purposes of this Section,
				  the terms "occupancy" and "possession" shall have the same
				  meaning.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 4 - CHIEF PROCUREMENT OFFICER FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION STANDARD PROCUREMENT › Subpart M - REAL PROPERTY LEASES AND CAPITAL IMPROVEMENT LEASES › Section 4.4040 - Local Site Preferences

Current through Register Vol. 48, No. 28, July 12, 2024
Upon the request of the chief executive officer of a unit of
				  local government, leasing preferences may be given to sites located in
				  enterprise zones, tax increment districts, or redevelopment
				  districts.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 4 - CHIEF PROCUREMENT OFFICER FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION STANDARD PROCUREMENT › Subpart M - REAL PROPERTY LEASES AND CAPITAL IMPROVEMENT LEASES › Section 4.4042 - Historic Area Preference

Current through Register Vol. 48, No. 28, July 12, 2024
State agencies with responsibilities for leasing, acquiring
				  or maintaining State facilities shall take all reasonable steps to minimize any
				  regulations, policies and procedures that impede the goals of Section 17 of the
				  Capital Development Board Act [20 ILCS 3105 ]. [30
				  ILCS 500/45-80 ]
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 4 - CHIEF PROCUREMENT OFFICER FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION STANDARD PROCUREMENT › Subpart M - REAL PROPERTY LEASES AND CAPITAL IMPROVEMENT LEASES › Section 4.4044 - Emergency Lease Procurement

Current through Register Vol. 48, No. 28, July 12, 2024
Emergency lease procurements may be made pursuant to Section
				  4.2030.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 4 - CHIEF PROCUREMENT OFFICER FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION STANDARD PROCUREMENT › Subpart N - PREFERENCES › Section 4.4505 - 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. The Bulletin and solicitation document
				  shall state whether a preference applies or may apply and the amount or type of
				  preference. In the event multiple preferences are applicable, the order
				  preferences shall be applied will be determined by lot.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 4 - CHIEF PROCUREMENT OFFICER FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION STANDARD PROCUREMENT › Subpart N - PREFERENCES › Section 4.4510 - Resident Bidder and Offeror Preference

Current through Register Vol. 48, No. 28, July 12, 2024
a) "Illinois resident vendor", as used in
				this Section, means a person 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, including
				a foreign corporation duly authorized to transact business in this State that
				has 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 bid or proposal as
				described in Section
				4.2037, an
				Illinois resident vendor shall be given the award.
c) An Illinois resident vendor shall be
				allowed a preference as against a non-resident vendor equal to any in-state
				vendor preference given or required by the state of the non-resident
				vendor.
d) If only non-resident
				bidders or offerors are responding, the university has the right to specify
				that Illinois labor and manufacturing locations be used as part of the
				manufacturing process. This specification may be negotiated as part of the
				solicitation process.
e) This
				Section does not apply to any contract for any project for which federal funds
				are available for expenditure when its provisions may be in conflict with
				federal law or federal regulation.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 4 - CHIEF PROCUREMENT OFFICER FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION STANDARD PROCUREMENT › Subpart N - PREFERENCES › Section 4.4515 - Soybean Oil-Based Ink and Vegetable Oil-Based Ink

Current through Register Vol. 48, No. 28, July 12, 2024
a)
Contracts requiring the
				procurement of offset printing services shall specify the use of soybean
				oil-based ink or vegetable oil-based ink unless
a
State
				Purchasing Officer determines that another type of ink is required to assure
				high quality and reasonable pricing of the printed product.
[
				30 ILCS
				500/45-15 ] The SPO will make this determination based
				on justification submitted by the university.
b) This preference does not apply when a
				university requires digital printing services, a printing method that includes,
				but is not limited to, the electrostatic process of transferring ink or toner
				to a substrate and that may use photo imaging plates, photoreceptor drums, or
				belts that hold an electrostatic charge. Digital printing also includes the
				process of transferring ink through a print head directly to a substrate, such
				as ink-jet printers.
c) Offset
				printing includes lithography, flexography, gravure or letterpress and involves
				the process of transferring ink through static or fixed image plates using an
				impact method of pressing ink into a substrate.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 4 - CHIEF PROCUREMENT OFFICER FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION STANDARD PROCUREMENT › Subpart N - PREFERENCES › Section 4.4520 - Recycled Supplies

Current through Register Vol. 48, No. 28, July 12, 2024
When a public contract is to be awarded to the lowest
				  responsible bidder or offeror, an otherwise qualified bidder or offeror who
				  will fulfill the contract through the use of products made of recycled supplies
				  shall be given preference over other bidders or offerors unable to do so,
				  provided that the cost included in the bid of supplies is equal or less than
				  other bids or offers, unless the use of the product constitutes an undue
				  practical hardship. Nothing in this Section shall be construed to apply to a
				  construction agency for the purposes of procuring construction and
				  construction-related services.
[
				  30 ILCS
				  500/45-20 ] The SPO will make this determination based
				  on justification submitted by the university.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 4 - CHIEF PROCUREMENT OFFICER FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION STANDARD PROCUREMENT › Subpart N - PREFERENCES › Section 4.4525 - Recyclable Supplies (Paper)

Current through Register Vol. 48, No. 28, July 12, 2024
All
paper
supplies purchased for use
				  by universities must be recyclable paper unless a recyclable substitute cannot
				  be used to meet the requirements of the universities or would constitute an
				  undue economic or practical hardship
. [
				  30 ILCS
				  500/45-25 ] Universities shall make this determination
				  and shall include this determination in the procurement file.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 4 - CHIEF PROCUREMENT OFFICER FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION STANDARD PROCUREMENT › Subpart N - PREFERENCES › Section 4.4526 - Environmentally Preferable Procurement

Current through Register Vol. 48, No. 28, July 12, 2024
Universities shall contract for supplies and services
				  that are environmentally preferable,
as that term is defined in
				  Section 45-26(3) of the Code.
If, however, contracting for an
				  environmentally preferable supply or service would impose an undue economic or
				  practical hardship on the contracting university, or if an environmentally
				  preferable supply or service cannot be used to meet the requirements of the
				  university, then the university need not contract for an environmentally
				  preferable supply or service. Specifications for contracts, at the discretion
				  of the contracting university, may include a price preference of up to 10% for
				  environmentally preferable supplies or services.
[30 ILCS
				  500/45-26(b) ] Universities shall
				  make this determination and shall include this determination in the procurement
				  file.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 4 - CHIEF PROCUREMENT OFFICER FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION STANDARD PROCUREMENT › Subpart N - PREFERENCES › Section 4.4530 - Correctional Industries

Current through Register Vol. 48, No. 28, July 12, 2024
The CPO-HE shall distribute to each SPO and university the
				  list of items in accordance with Section 45-30 of the Code that must be
				  purchased from Illinois Correctional Industries (ICI) as determined by the
				  CPO-HE. Procurements from ICI may be made without prior notice or competition.
				  Notice of contracts that exceed the small purchase threshold will be published
				  in the Bulletin prior to execution of the contract.