reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1300 - ATTORNEY GENERAL'S PROCUREMENT › Subpart Q - CONCESSIONS › Section 1300.5310 - Concessions

Current through Register Vol. 48, No. 28, July 12, 2024
Proposed concessions or leases of State property under this
				  provision of the Code must be coordinated with the Department of Central
				  Management Services to ensure compliance with the State Property Control Act
				  [30 ILCS 605 ] and rules implementing that Act (44 Ill. Adm. Code
				  5000).
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1300 - ATTORNEY GENERAL'S PROCUREMENT › Subpart R - COMPLAINTS, PROTESTS AND REMEDIES › Section 1300.5510 - Complaints Against Vendors or Subcontractors

Current through Register Vol. 48, No. 28, July 12, 2024
a) Whenever a vendor or subcontractor fails
				to deliver on time or meet specifications, or for other similar causes, the OAG
				shall initiate a complaint to the vendor or subcontractor.
b) For relatively minor infractions, the OAG
				may initiate contact by telephone or in person. If not resolved by this action,
				a written complaint will be made.
c) If the initial complaint is not
				satisfactorily answered, or for serious infractions, the OAG will send a
				written complaint to the vendor or subcontractor detailing the
				problem.
d) A copy of all written
				complaints shall be filed with the CPO. Information regarding the resolution of
				the complaint shall also be filed.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1300 - ATTORNEY GENERAL'S PROCUREMENT › Subpart R - COMPLAINTS, PROTESTS AND REMEDIES › Section 1300.5520 - Suspension

Current through Register Vol. 48, No. 28, July 12, 2024
a) Application
This Section applies to all debarments or suspensions of
				  vendors or subcontractors from consideration for award of contracts.
b) The CPO may suspend a vendor or
				subcontractor from doing business with the OAG, or for specific types of
				supplies or services. A suspension may be issued upon a showing the vendor or
				subcontractor violated the Code or this Part, or failed to conform to
				specifications or terms of delivery.
c) When the CPO finds cause exists for
				suspension, a notice of suspension, including a copy of such determination,
				shall be sent to the suspended vendor or subcontractor. Bids or proposals will
				not be solicited from the suspended vendor or subcontractor, and if they are
				received they will not be considered during the period of suspension.
d) A vendor or subcontractor may be suspended
				for a period of time commensurate with the seriousness of the offense, but for
				no more than five years. The suspension will be effective within seven calendar
				days after receipt of notice unless an objection is filed. If an objection is
				filed, suspension would not become effective until the evaluation of the
				objection is completed.
e) The CPO
				may debar a vendor or subcontractor. Debarment is the permanent suspension of a
				vendor or subcontractor from doing business with the OAG. A debarment may only
				take place in those instances involving bribery or attempted bribery of a State
				of Illinois officer or employee, or as otherwise allowed or required by law.
				Bids or proposals will not be solicited from the debarred vendor or
				subcontractor, and if they are received they will not be considered.
f) The CPO shall maintain a master list of
				all suspensions and debarments. The master list will retain information
				concerning suspensions and debarments as public records. The records will be
				maintained for a period of at least three years following the end of the
				suspension or debarment. Such public information may be considered in
				determining responsibility.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1300 - ATTORNEY GENERAL'S PROCUREMENT › Subpart R - COMPLAINTS, PROTESTS AND REMEDIES › Section 1300.5530 - Settlement and Resolution of Contract and Breach of Contract Controversies

Current through Register Vol. 48, No. 28, July 12, 2024
a) Authority to
				Settle or Resolve Controversies
The Procurement Officer who established the contract shall
				  have authority to settle and resolve controversies but the Attorney General may
				  set limits on such authority given to the Purchasing Officer.
b) Authority of Using Agency
The OAG has the authority to accept delivery of goods or
				  services in accordance with contract requirements as satisfactory adjustment of
				  a complaint.
c)
				Substitution of Terms/Price Reduction
If the vendor proposes to make an adjustment by:
1) substituting an alternative specification,
				or
2) reducing the contract price
				by a certain amount to compensate for some failure to provide full performance
				under the contract,
such proposal must be referred to and approved by the
				  Procurement Officer.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1300 - ATTORNEY GENERAL'S PROCUREMENT › Subpart R - COMPLAINTS, PROTESTS AND REMEDIES › Section 1300.5540 - Violation of Law or Rule

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Determination that Solicitation or Award Violates Law
If the CPO finds that the solicitation or proposed award is
				  in violation of statute or this Part, the CPO may cancel the solicitation or
				  proposed award, or make modifications to correct the violation, if such
				  correction may be legally accomplished.
b) Determination that Contract Violated Law
				or Rule
Contracts based on awards or solicitations that were in
				  violation of statute or this Part shall be terminated at no cost to the
				  OAG.
c) Effect of Declaring
				a Contract Null and Void
In all cases where a contract is voided, the OAG shall
				  endeavor to return those supplies delivered under the contract that have not
				  been used or distributed. No further payments shall be made under the
				  contract.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1300 - ATTORNEY GENERAL'S PROCUREMENT › Subpart R - COMPLAINTS, PROTESTS AND REMEDIES › Section 1300.5550 - Protests

Current through Register Vol. 48, No. 28, July 12, 2024
a) Protest
				Resolution by Procurement Officer
An actual or prospective bidder, offeror, or contractor that
				  may be aggrieved in connection with a procurement may file a protest on any
				  phase of solicitation or award, including but not limited to specifications
				  preparation, bid solicitation, or award.
b) Complaints
Complainants should seek resolution of their complaints
				  initially with the OAG. Complaints may be made verbally or in writing.
c) Filing of Protest
1) Protests shall be made in writing to the
				Procurement Officer, if applicable, and shall be filed within 7 days after the
				protester knows or should have known of the facts giving rise to the protest. A
				protest is considered filed when physically received by the Procurement
				Officer. Protests filed after the 7 day period shall not be considered. In
				regard to a protest regarding specifications, the protest must be received
				within 7 days after the date the solicitation was issued, and in any event must
				be received by the OAG at the designated address before the date for opening of
				bids or proposals.
2) To expedite
				handling of protests, the envelope should be labeled "Protest." The written
				protest shall include as a minimum the following:
A) the name and address of the
				protester;
B) appropriate
				identification of the procurement, and, if a contract has been awarded, its
				number;
C) a statement of reasons
				for the protest; and
D) supporting
				exhibits, evidence, or documents to substantiate any claims unless not
				available within the filing time, in which case the expected availability date
				shall be indicated.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1300 - ATTORNEY GENERAL'S PROCUREMENT › Subpart R - COMPLAINTS, PROTESTS AND REMEDIES › Section 1300.5555 - Hearings and Decisions

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The CPO shall conduct public hearings prior to awarding contracts for sole
				source procurements pursuant to Section
				1300.2025
				and before extending emergency procurements pursuant to Section
				1300.2030.
b) Notices of hearings shall be published in
				the Bulletin at least 14 days prior to the date of the public hearing.
1) All notices shall include the date, time
				and location of the public hearing.
2) Notices for sole source procurements shall
				include the sole source procurement justification form, a description of the
				item to be procured, and the intended sole source contractor.
3) Notices for extending emergency
				procurements shall include the CPO's written justification for the emergency
				contract and the name of the contractor.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1300 - ATTORNEY GENERAL'S PROCUREMENT › Subpart S - SUPPLY MANAGEMENT AND DISPOSITIONS › Section 1300.6010 - Supply Management and Dispositions

Current through Register Vol. 48, No. 28, July 12, 2024
a) Inventory Management
Supplies shall be ordered so as to maintain the minimum
				  inventory commensurate with ability to meet agency needs. In no event shall
				  more than a 12-month supply be maintained in inventory. This 12-month inventory
				  does not apply to mechanical spare parts or when a greater quantity is needed
				  to meet minimum order quantities.
b) Annual Inventory
All warehouses and similar storage areas shall be inventoried
				  at least annually.
c)
				Report of Supplies
The CPO shall be notified, at such times as that officer may
				  prescribe, of all supplies in excess of 12-month supply.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1300 - ATTORNEY GENERAL'S PROCUREMENT › Subpart T - GOVERNMENTAL JOINT PURCHASING › Section 1300.6500 - General

Current through Register Vol. 48, No. 28, July 12, 2024
In an effort to make the procurement process more efficient,
				  the State and other governmental units may agree to utilize each other's
				  procurement contracts. Agreements between State agencies with procurement
				  authority and other governmental units with taxing authority are governed by
				  this Part and the Governmental Joint Purchasing Act [30 ILCS 525
				  ].
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1300 - ATTORNEY GENERAL'S PROCUREMENT › Subpart T - GOVERNMENTAL JOINT PURCHASING › Section 1300.6510 - OAG Use of Other Contracts

Current through Register Vol. 48, No. 28, July 12, 2024
The OAG may utilize procurement contracts established by
				  other authorized State agencies or units of government:
a) if the contract:
1) was established by sealed bid or sealed
				proposal; or
2) is not required by
				the Illinois Procurement Code to be bid;
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1300 - ATTORNEY GENERAL'S PROCUREMENT › Subpart T - GOVERNMENTAL JOINT PURCHASING › Section 1300.6520 - No Agency Relationship

Current through Register Vol. 48, No. 28, July 12, 2024
In any joint procurement situation, the agency establishing
				  the contract does not become the procurement agency for the other. The ordering
				  unit must issue its own purchase order, accept its own deliveries and make its
				  own payments.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1300 - ATTORNEY GENERAL'S PROCUREMENT › Subpart U - MISCELLANEOUS PROVISIONS OF GENERAL APPLICABILITY › Section 1300.7000 - Severability

Current through Register Vol. 48, No. 28, July 12, 2024
If any provision of this Part or any application thereof is
				  held invalid, such invalidity shall not affect other provisions or applications
				  of this Part that can be given effect without such invalid provision or
				  application.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1300 - ATTORNEY GENERAL'S PROCUREMENT › Subpart U - MISCELLANEOUS PROVISIONS OF GENERAL APPLICABILITY › Section 1300.7010 - Government Furnished Property

Current through Register Vol. 48, No. 28, July 12, 2024
If the OAG provides any property to the vendor in furtherance
				  of the contract, such property shall remain the property of the State but may
				  be consumed by the vendor if necessary to complete the contract. Vendor will
				  issue a receipt for the property and will be responsible for its safekeeping
				  and return of unused property to the State.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1300 - ATTORNEY GENERAL'S PROCUREMENT › Subpart U - MISCELLANEOUS PROVISIONS OF GENERAL APPLICABILITY › Section 1300.7015 - Inspections

Current through Register Vol. 48, No. 28, July 12, 2024
a) Inspection of Plant
				or Site
The OAG may enter a contractor's or subcontractor's plant or
				  place of business to:
1) inspect
				supplies or services for acceptance by the State pursuant to the terms of a
				contract;
2) audit the books and
				records of any contractor or subcontractor pursuant to record and audit
				provisions of this Part;
3)
				investigate an action to debar or suspend a person from consideration for award
				of contracts pursuant to the Illinois Procurement Code;
4) determine whether the standards of
				responsibility have been met or are capable of being met; and
5) determine if the contract is being
				performed in accordance with its terms.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1300 - ATTORNEY GENERAL'S PROCUREMENT › Subpart U - MISCELLANEOUS PROVISIONS OF GENERAL APPLICABILITY › Section 1300.7020 - Records and Audits

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Retention of Books and Records
Books and records that relate to performance of an OAG
				  contract, including subcontracts, and that support amounts charged to the OAG
				  shall be maintained:
1) by a
				contractor, for three years from the date of final payment under the prime
				contract;
2) by a subcontractor,
				for three years from the date of final payment under the subcontract;
				and
3) by a contractor and
				subcontractor for such larger period of time as is necessary to complete any
				ongoing or announced audits.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1300 - ATTORNEY GENERAL'S PROCUREMENT › Subpart U - MISCELLANEOUS PROVISIONS OF GENERAL APPLICABILITY › Section 1300.7025 - Written Determinations

Current through Register Vol. 48, No. 28, July 12, 2024
a) Preparation and Execution
Where the Illinois Procurement Code or this Part requires a
				  written determination, the officer required to prepare the determination may
				  delegate its preparation, but the responsibility for and the execution of the
				  determination shall not be delegated.
b) Content
Each written determination shall set out sufficient facts,
				  circumstances, and reasoning as will substantiate the specific determination
				  that is made.
c) Obtaining
				Supporting Information
While an officer is responsible for the execution of the
				  written determination, other State personnel, particularly technical personnel,
				  are responsible for furnishing to the cognizant official, in an accurate and
				  adequate fashion, the information pertinent to the determination. When
				  requested, such information shall be furnished in writing to the cognizant
				  official who shall have the authority to decide the final form and content of
				  the determination and to resolve any questions or conflicts arising with
				  respect to the determination.
d) Forms
The CPO shall prescribe methods and operational procedures to
				  be used in preparing written determinations.
e) Retention
Each written determination shall be filed in the solicitation
				  or contract file to which it applies, shall be retained as part of such file
				  for so long as the file is required to be maintained, and, except as otherwise
				  provided by law or rule, shall be open to public inspection.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1300 - ATTORNEY GENERAL'S PROCUREMENT › Subpart U - MISCELLANEOUS PROVISIONS OF GENERAL APPLICABILITY › Section 1300.7030 - No Waiver of Sovereign Immunity

Current through Register Vol. 48, No. 28, July 12, 2024
Nothing in this Part shall be deemed to be a waiver of
				  sovereign immunity.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1400 - PROCUREMENT › Subpart A - GENERAL › Section 1400.510 - Policy

Current through Register Vol. 48, No. 28, July 12, 2024
All procurements by the Treasurer's office will be
				  accomplished in a competitive, expeditious, economical and commercially
				  reasonable manner in accordance with law, this Part, and other applicable
				  rules.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1400 - PROCUREMENT › Subpart A - GENERAL › Section 1400.515 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
a) This Part
				applies to all procurements by the Treasurer's office with a Solicitation Date
				of July 1, 1998 or later with the exception of those items listed in subsection
				(b) of Section 1-10 of the Procurement Code, which include, but are not limited
				to, the following:
1)
contracts
				between the Treasurer's office and any federal, State, or local governmental
				body;
[30 ILCS
				500/1-10(b)(1) ]
2) agreements for the deposit of State moneys
				in interest bearing accounts or the investment of State moneys under the
				Deposit of State Moneys Act [15 ILCS 520 ] or the Public
				Funds Investment Act [30 ILCS 235 ];
3) hiring employees, including contractual
				employees but not independent contractors, of the Treasurer's office;
4)
collective bargaining
				agreements;
[30 ILCS
				500/1-10(b)(5) ]
5)
contracts approved by the Chief
				Legal Counsel as necessary to prepare for anticipated litigation, enforcement
				actions, or investigations.
Anticipated litigation is legal action
				that may be prosecuted or defended before a court or administrative body and
				includes actions necessary to guard against litigation and prepare for and
				conduct effective legal prosecution or defense, including, but not limited to,
				the retention of counsel, investigators, expert witnesses and court reporters.
				This Section is applicable to equipment or services necessary in the
				furtherance of covert activities lawfully conducted by the Treasurer's Office;
				[30 ILCS
				500/1-10(b)(7) ]
6)
grants,
except that grant
				agreements shall be filed with the Comptroller as required by
Section
				20-80
of the Illinois Procurement Code [30 ILCS 500
				]. [30 ILCS
				500/1-10(b)(2) ]
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1400 - PROCUREMENT › Subpart A - GENERAL › Section 1400.525 - Property Rights

Current through Register Vol. 48, No. 28, July 12, 2024
No person shall have any right to a specific contract
				  with the State unless that person has a contract that has been signed by an
				  officer or employee of the purchasing agency with appropriate signature
				  authority. The State shall be under no obligation to issue an award or execute
				  a contract.
[30 ILCS 500/1-25 ] No person who
				  participates in a procurement action has any right to an award or subsequent
				  contract. Receipt of a solicitation or submission of any bid, proposal or
				  response to a solicitation confers no right to receive an award or contract,
				  nor does it obligate the State in any manner.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1400 - PROCUREMENT › Subpart A - GENERAL › Section 1400.530 - Joint Purchasing

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Treasurer's office may, without soliciting independent bids, proposals or
				responses, procure goods and services from vendors selected by the Department
				of Central Management Services (CMS), the federal General Services
				Administration, or another governmental unit in accordance with a competitive
				selection process established pursuant to the Governmental Joint Purchasing Act
				[30 ILCS
				525 ].
b)
				The Treasurer's office may enter into agreements to make joint purchases
				pursuant to the Governmental Joint Purchasing Act and may act as a lead state
				or a participant state.
The purchases of all personal property,
				supplies and services under
the Governmental Joint Purchasing
				Act
, except for small purchases, shall be based on competitive
				solicitations. All purchases, orders or contracts shall be awarded to the
				lowest responsible bidder or highest-ranked offeror, taking into consideration
				the qualities of the articles or services supplied, their conformity with the
				specifications, their suitability to the requirements of the participating
				governmental units and the delivery terms.
[30 ILCS 525/4
				]
c) The Treasurer's office may
				procure goods or services through awards made by any cooperatives and consortia
				approved for use by the Chief Procurement Officer or the Chief Procurement
				Officer for General Services. Where practicable, including where the
				cooperative or consortium may have made multiple awards for the same good or
				service, the Treasurer's office shall:
1)
				select the vendor that represents the low cost or best value for the good or
				service; and
2) maximize
				competition by soliciting quotes or other information where the low cost or
				best value is not apparent on the face of the award made by the cooperative or
				consortium.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1400 - PROCUREMENT › Subpart B - PROCUREMENT AUTHORITY › Section 1400.1005 - Chief Procurement Officer

Current through Register Vol. 48, No. 28, July 12, 2024
The Chief Procurement Officer shall ensure that all
				  procurements of the Treasurer's office are in accordance with this Part and in
				  the best interest of the State. The Chief Procurement Officer is responsible
				  for the activities of the Purchasing Officers and the Small Business Specialist
				  who serve under his or her direction and supervision.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1400 - PROCUREMENT › Subpart B - PROCUREMENT AUTHORITY › Section 1400.1010 - Purchasing Officer

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The Chief Procurement Officer, subject to the approval of the Treasurer, may
				appoint one or more employees under his or her direction and supervision to
				serve as Purchasing Officers.
b)
				Before making an appointment, the Chief Procurement Officer shall, among other
				factors, consider each individual's character and fitness and understanding of
				the procurement process.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1400 - PROCUREMENT › Subpart B - PROCUREMENT AUTHORITY › Section 1400.1015 - Small Business Specialist

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Chief Procurement Officer, subject to
				the approval of the Treasurer, may designate an employee of the Treasurer's
				office with experience negotiating contracts to serve as the Small Business
				Specialist.
b) Before making the
				designation, the Chief Procurement Officer shall, among other factors, consider
				the individual's demeanor, organizational skills, knowledge of the Treasurer's
				office, and awareness of the issues confronting small businesses.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1400 - PROCUREMENT › Subpart C - PUBLICATION, SOLICITATION AND DOCUMENTATION › Section 1400.1505 - Publication

Current through Register Vol. 48, No. 28, July 12, 2024
a) Electronic
				Publication
Every solicitation for bids, proposals, requests for
				  information, or responses required under this Part must be published on the
				  Treasurer's Web Site at least 14 calendar days before the date set in the
				  solicitation for the opening of the bids, proposals, or responses. Every notice
				  of intention to enter into a sole source contract must be published on the
				  Treasurer's Web Site at least 14 calendar days before the award of the
				  contract. All other documents required to be published under this Part must be
				  published on the Treasurer's Web Site as soon as practicable and no later than
				  30 days from the date on which the document was produced. There is no fee
				  assessed for access to the page of the Treasurer's Web Site containing
				  procurement information.
b)
				Paper Publication
All documents published on the Treasurer's Web Site may be
				  printed in a paper format and made available upon request as of the date that
				  it is published electronically. The Treasurer's office may charge a minimal fee
				  that does not exceed the limits established by the Treasurer's Office pursuant
				  to the Freedom of Information Act [5 ILCS 140 ].
				  The paper publication will be available for inspection free of charge at
				  locations in Springfield and Chicago by appointment.
c) Content of Publications
1) Solicitations. Every solicitation must
				include the following:
A) the date of the
				solicitation;
B) the
				specifications;
C) a procurement
				reference number if used;
D) the
				date, time and location of any bidders' conferences;
E) the date, time and location for making
				submissions;
F) method of source
				selection;
G) name of the Chief
				Procurement Officer and the Treasurer;
H) instructions on how to obtain additional
				information;
I) encouragement to
				prospective vendors to hire qualified veterans; and
J) encouragement to prospective vendors to
				hire qualified Illinois minorities, women, persons with disabilities and
				residents discharged from any Illinois adult correctional center.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1400 - PROCUREMENT › Subpart C - PUBLICATION, SOLICITATION AND DOCUMENTATION › Section 1400.1510 - Solicitation

Current through Register Vol. 48, No. 28, July 12, 2024
In addition to publishing solicitation notices electronically
				  and in a paper format, the Treasurer's office may directly contact prospective
				  vendors. Direct solicitation may be oral or in writing, but care must be taken
				  to ensure that all vendors receive the same information. At least three vendors
				  should be contacted whenever possible.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1400 - PROCUREMENT › Subpart C - PUBLICATION, SOLICITATION AND DOCUMENTATION › Section 1400.1515 - Documentation

Current through Register Vol. 48, No. 28, July 12, 2024
a) Minutes
Minutes of all meetings of the Procurement Review Board will
				  be created and made available for inspection and copying.
b) Procurement File
All official procurement records, notices, contracts, written
				  determinations, minutes, forms, and any other documents required under this
				  Part must be made part of the procurement file maintained by the Chief
				  Procurement Officer. The procurement file must be open to inspection and
				  copying under conditions established by the Chief Procurement Officer and in
				  compliance with the Freedom of Information Act (FOIA).
c) Contract Filing
Filing of contracts with the Comptroller must be done in
				  accordance with Section 20-80 of the Illinois Procurement Code [30 ILCS 500 ]
				  and any rules promulgated by the Comptroller.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1400 - PROCUREMENT › Subpart D - PROCUREMENT METHODS › Section 1400.2005 - Competitive Sealed Bidding

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Application
Competitive sealed bidding is the required method of source
				  selection except as allowed by this Part. The provisions of this Section apply
				  to every procurement required to be conducted by competitive sealed
				  bidding.
b) The Invitation
				for Bids
1) Use. The Invitation for Bids is
				used to initiate a competitive sealed bid procurement.
2) Content. The Invitation for Bids must
				include, at a minimum, the following:
A)
				instructions and information to bidders concerning the bid submission
				requirements, including the time and date set for receipt of bids, the address
				of the office to which bids are to be delivered, the maximum time for bid
				acceptance by the Treasurer's office, and any other special
				information;
B) the specification,
				evaluation factors, delivery or performance schedule, and any inspection and
				acceptance requirements as are not included in the specification; and
C) the contract terms and conditions,
				including warranty, collateralization, bonding or other security requirements,
				as applicable.
3)
				Incorporation by Reference. The Invitation for Bids may incorporate documents
				by reference if the Invitation for Bids specifies where the documents can be
				obtained.
4) Publication and
				Documentation of the Invitation for Bids. The Invitation for Bids must be
				published as provided in Section
				1400.1505 and made a
				part of the procurement file.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1400 - PROCUREMENT › Subpart D - PROCUREMENT METHODS › Section 1400.2010 - Multi-Step Sealed Bidding

Current through Register Vol. 48, No. 28, July 12, 2024
When it is considered impracticable to initially prepare a
				  definitive purchase description to support an award based on price, an IFB may
				  be issued requesting the submission of unpriced offers to be followed by an IFB
				  limited to those bidders whose offers have been qualified under the criteria
				  set forth in the first solicitation.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1400 - PROCUREMENT › Subpart D - PROCUREMENT METHODS › Section 1400.2015 - Competitive Sealed Proposals

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Supplies and services may be procured through the competitive sealed proposal
				method of source selection, on a case-by-case basis, when it is determined by
				the Chief Procurement Officer that competitive sealed bidding is either not
				practicable or advantageous to the State.
b) The types of procurements for which the
				competitive sealed proposals method of source selection may be used without a
				determination that competitive sealed bidding is either not practicable or
				advantageous include the following:
1)
				electronic data processing equipment, software, and services;
2) telecommunications equipment, software,
				and services;
3) consulting
				services; and
4) banking
				services.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1400 - PROCUREMENT › Subpart D - PROCUREMENT METHODS › Section 1400.2020 - Small Purchases

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Application
Any individual procurement of supplies or services that does
				  not exceed $100,000 may, at the discretion of the Chief Procurement Officer, be
				  made without notice, competition, publication, or use of any prescribed method
				  of source selection. Each July 1 the small purchase maximum shall be subject to
				  the annual cost of living increases set forth in subsection (b). Procurements
				  of less than $100,000 for professional and artistic services, and that have a
				  nonrenewable term of one year or less, may, at the discretion of the Chief
				  Procurement Officer, be made without advance notice, competition or use of any
				  prescribed method of source selection.
b) Adjustment
The small purchase maximums may be adjusted for inflation as
				  determined by the Consumer Price Index for All Urban Consumers as determined by
				  the United States Department of Labor and rounded to the nearest $100. In
				  determining the annual small purchase maximums, the CPO may rely upon a
				  published adjustment of the small purchase limits announced by the Chief
				  Procurement Office for General Services pursuant to the procedure found at 44
				  Ill. Adm. Code
				  1.2020.
c) In determining whether a contract is under
				the limit, the value of the contract for the full term and any optional
				renewals, as well as the stated value of the goods or services plus any
				optional goods and services, determined in good faith, must be utilized. Where
				the term is calculated month-to-month or in a similar fashion, the amount must
				be calculated for a 12-month period.
d) Procurement requirements must not be
				artificially divided to avoid using one of the other source selection methods
				described in this Part.
e) If,
				after signing the contract, the actual need is determined to be more than the
				limits provided in this Section, and the Chief Procurement Officer determines
				that reprocurement is not appropriate, the Chief Procurement Officer may follow
				the procedures for sole source or emergency procurement, if applicable, to
				obtain the additional supplies or services.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1400 - PROCUREMENT › Subpart D - PROCUREMENT METHODS › Section 1400.2025 - Sole Source Procurements

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Application
The provisions of this Section apply to procurement from a
				  sole economically feasible source (referred to as sole source) that is above
				  the limit for small purchases in Section
				  1400.2020 and does not qualify
				  as an emergency procurement as defined in Section
				  1400.2030.
b) Conditions for Use of Sole Source
				Procurement
Sole source procurement is permissible when a good or service
				  is available from only a single supplier or when only one supplier is deemed
				  economically feasible. A requirement for a particular proprietary item by
				  itself does not justify a sole source procurement if there is more than one
				  potential bidder or offeror authorized to provide that item. The following are
				  examples of circumstances that could necessitate sole or sole economically
				  feasible source procurement:
1)
				compatibility of equipment, accessories, replacement parts or service is a
				paramount consideration;
2) items
				are needed for trial use or testing of that specific product or
				service;
3) item is for commercial
				resale;
4) noncompetitive public
				utility services;
5) item is
				proprietary, copyrighted or patented and the item or service is not available
				except from the named vendor or, where applicable, holder of the copyright or
				patent;
6) media for
				advertising;
7) art, entertainment
				services or athletic events;
8)
				radio and television broadcast rights;
9) procurements related to participation in
				educational, professional, research, public service activities of organizations
				of which the Treasurer's office is a member, professional memberships and
				related expenses. These procurements may include, but are not limited to, dues
				and membership fees, travel and lodging, and facility usage fees;
10) federal or State grant requires contract
				with named vendor;
11) items
				required by franchise agreements; and
12) changes to existing contracts (see
				subsection (c)).
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1400 - PROCUREMENT › Subpart D - PROCUREMENT METHODS › Section 1400.2030 - Emergency Procurements

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Applications
The provisions of this Part apply to every procurement over
				  the small purchase limit set in Section
				  1400.2020 made under emergency
				  conditions. The Chief Procurement Officer shall have the authority to make
				  emergency procurements when an emergency condition arises and the need cannot
				  be met through normal procurement methods. An emergency condition exists
				  when:
1) there exists a threat to
				health, safety, or collection of substantial revenues;
2) immediate expenditure is needed for
				repairs to State property in order to protect against further loss or damage to
				State property;
3) action is needed
				to prevent or minimize serious disruption in the operation of the Treasurer's
				office;
4) action is needed to
				ensure the integrity of State records;
5) a supplier of needed goods or services
				makes an announcement that gives the Chief Procurement Officer reason to
				determine that making a purchase immediately is in the State's best interest,
				including, but not limited to, an announcement of bankruptcy, going out of
				business, or loss of franchise;
6)
				items are available on the spot at prices that are favorable enough that good
				business judgment mandates a purchase;
7) legal services to assist the Treasurer's
				office in the formulation of policy, in drafting or evaluating documents, or in
				determining the extent of statutory authority are needed more quickly than an
				alternative method of procurement under this Part would allow;
8) escrow agent services for general
				obligation bonds and procurements for escrow agent services and registrar and
				paying agent services for college savings bonds are needed more quickly than an
				alternative method of procurement under this Part would allow; or
9) bids or proposals received in accordance
				with a competitive sealed bid or competitive sealed proposal method are
				unreasonable, noncompetitive, or the price exceeds available funds, and time or
				other circumstances will not permit the delay required to resolicit competitive
				sealed bids or proposals;
10) rare
				items, such as articles of historical value or art collections, that are
				available for a limited time;
11)
				the opportunity to obtain entertainment, speakers and athletic and other events
				or performances is available for a limited time; or
12) immediate action is necessary to avoid
				lapsing or loss of federal or donated funds.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1400 - PROCUREMENT › Subpart D - PROCUREMENT METHODS › Section 1400.2035 - Procurement of Professional and Artistic Services

Current through Register Vol. 48, No. 28, July 12, 2024
a) The provisions of this Section apply to
				the procurement of professional and artistic services with the exception of the
				following:
1) sole source
				procurements;
2) emergency
				procurements;
3) any procurement of
				professional and artistic services less than the small purchase threshold then
				in effect pursuant to Section
				1400.2020(a)
				for a nonrenewable term of less than one year made as a small purchase;
				and
4) architect, engineering and
				land surveying services procured pursuant to the procedures of the
				Architectural, Engineering, and Land Surveying Qualifications Based Selection
				Act [30
				ILCS 535 ].
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1400 - PROCUREMENT › Subpart D - PROCUREMENT METHODS › Section 1400.2040 - Procurement of Real Property Leases

Current through Register Vol. 48, No. 28, July 12, 2024
a) Applicability
This Section applies to all leases for real property,
				  including office and storage space, buildings and other facilities for the
				  Treasurer's office, with the exception of the following:
1) property of less than 10,000 square
				feet;
2) rent of less than $100,000
				per year;
3) nonrenewable leases
				with a duration of less than one year;
4) specialized space available at only one
				location;
5) renewal or extension
				of any existing lease so long as the term of the lease, including the renewal
				or extension, does not exceed 10 years; or
6) leases with other governmental units when
				deemed by the Chief Procurement Officer to be in the best interest of the
				Treasurer's office.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1400 - PROCUREMENT › Subpart D - PROCUREMENT METHODS › Section 1400.2045 - Other Methods of Source Selection

Current through Register Vol. 48, No. 28, July 12, 2024
a) State and Federal Warehouses
Prior to any equipment procurement, the Treasurer's office
				  should consider property available from the State and Federal Surplus
				  Warehouses that are under the jurisdiction of CMS.
b) State Agencies and Other Governmental
				Units
Various goods and services are available from State agencies
				  and other governmental units. These may be procured without notice and
				  competition.
c) Auction
Purchases may be made at an auction in accordance with the
				  procedural requirements applicable to the particular auction. Notice and
				  competition is not required and the amount payable will be the amount bid and
				  accepted plus any required buyer's premium.
d) Donations
With approval of the Chief Procurement Officer, if the
				  Treasurer's office receives a donation that provides the majority of the
				  funding for a particular project, it may follow any procurement or contracting
				  requirements established as a condition of the donation, but must follow this
				  Part whenever practicable.
e) Broker Method for Obtaining Certain
				Insurance Coverages
1) Notwithstanding
				anything to the contrary in this Part, the Chief Procurement Officer, may, on a
				case-by-case basis, use this broker method to obtain insurance coverages when
				use of the methods of source selection set forth in Article 20 of the Code is
				not practicable or advantageous because, for example:
A) Due to the structure of the insurance
				industry, the types of insurance coverages needed cannot reasonably be obtained
				from "direct writers" who would provide quotes directly to the Treasurer's
				office in a bid or RFP process; or
B) The process of obtaining quotes for needed
				insurance coverages cannot be accomplished within the normal procurement
				timeframes.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1400 - PROCUREMENT › Subpart E - GENERAL PROCUREMENT GUIDELINES › Section 1400.2505 - General Provisions

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Late Bids, Proposals, Responses, Withdrawals and Modifications
1) Definition. Any bid, proposal or response
				received after the time, date and place set for receipt is late. Any withdrawal
				or modification of a bid, proposal or response received after the time and date
				set for opening of bids, proposals or responses at the place designated for
				opening is late.
2) Treatment. No
				late bid, proposal or response, modification or withdrawal will be considered
				unless it is received before contract award, and the bid, proposal, response,
				modification or withdrawal would have been timely but for the action or
				inaction of Treasurer's office personnel.
3) Records. Records must be made and kept for
				each late bid proposal, response, modification, or withdrawal.
4) Any other submission that has a time or
				date deadline must be treated in the same manner as a late bid, proposal or
				response.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1400 - PROCUREMENT › Subpart E - GENERAL PROCUREMENT GUIDELINES › Section 1400.2510 - Tie Bids and Proposals

Current through Register Vol. 48, No. 28, July 12, 2024
a) Tie
				bids and proposals are those from responsive and responsible vendors that are
				identical in price or terms of the proposal.
b) Tie bids and proposals are treated as
				follows:
1) If the tied vendors include an
				Illinois resident vendor and a nonresident vendor, the Illinois resident vendor
				will be given the award if all the conditions for a resident vendor preference
				in Section
				1400.4510
				are met. "Illinois resident vendor" has the meaning given in Section 1400.4510.
				In all other situations, the decision is made in accordance with subsections
				(b)(2) through (b)(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 is made
				to the vendor who is deemed to be the most responsible. A vendor who has had
				experience in contracting with the State may be given additional consideration
				in determining responsibility if the Chief Procurement Officer determines that
				dealing with a vendor that has knowledge of State requirements, contracts, job
				sites, payment practices and other similar 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
				is 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 is
				accepted in any case in which the solicitation specified that the needs of the
				Treasurer's office require as early delivery as possible.
5) If the bids or proposals are equal in
				every respect, the award is made by lot unless the Chief Procurement Officer
				determines that splitting the award among two or more of the tied bidders or
				proposers is in the best interest of the State. Awards may be split if all
				affected bidders or proposers agree, if splitting is feasible given the type of
				good or service requested, if overall pricing would not increase, if delivery
				would be better ensured, or if necessary or desirable to promote future
				competition.