Illinois Administrative Code

Section 1.2067 Contract Amendments and Change Orders a) Contract amendments memorialize actions authorized by specific language in the contract (e.g., exercise of an option or showing price decrease or increase based on CPI) or memorialize non-material changes (e.g., change in na…

Section 1.2080 Public Procurement File a) A procurement file shall be maintained for all contracts, regardless of the method of procurement. The procurement file shall contain the basis on which the award is made, all submitted bids and proposals, all evaluation materials, score …

Section 1.2084 Record Retention a) Retention of Bulletin Information. Information published in the Bulletin shall be disposed of in accordance with the State Records Act [5 ILCS 160], providing all audits have been completed and no litigation is pending or anticipated. b) Books a…

Section 1.2086 Filing with the Comptroller 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 a…

Section 1.25 Property Rights 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…

Section 1.2560 Prevailing Wage a) Responsible Vendors 1) In order to be considered responsible under Section 1.2046, 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 …

Section 1.2570 Equal Employment Opportunity; Affirmative Action Pursuant to Section 7-105A of the Illinois Human Rights Act (IHRA) [775 ILCS 5/7-105A], the Department of Human Rights (DHR) has promulgated rules (44 Ill. Adm. Code 750) that requires certain bidders or offerors to …

Section 1.2575 Subcontractors (Repealed) (Source: Repealed at 36 Ill. Reg. 10729, effective August 6, 2012) SUBPART L: CONTRACT PRICING

Section 1.2800 All Costs Included (Repealed) (Source: Repealed at 36 Ill. Reg. 10729, effective August 6, 2012) SUBPART M: CONSTRUCTION AND CONSTRUCTION RELATED PROFESSIONAL SERVICES

Section 1.3 Authority This Part is promulgated by the Chief Procurement Officer for General Services (CPO-GS) in accordance with the provisions of the Illinois Procurement Code (the Code) [30 ILCS 500]. This Part may be amended in accordance with the Code and the Illinois Adminis…

Section 1.30 Constitutional Officers, and Legislative and Judicial Branches (Repealed) (Source: Repealed at 36 Ill. Reg. 10729, effective August 6, 2012) SUBPART B: PROCUREMENT RULES, POLICIES AND PROCEDURES

Section 1.3005 Construction and Construction Related Professional Services a) General Provisions for Construction of Buildings 1) In the case of contracts for construction of buildings or for other construction work in or about buildings or grounds when the entire estimated cost …

Section 1.4005 Real Property Leases and Capital Improvement Leases Real property leases and capital improvement leases are subject to, and shall be procured in accordance with, the Code and this Part and those in 44 Ill. Adm. Code 5000. In the event of a conflict, Subpart N shall…

Section 1.4010 Authority SPOs shall have the authority to procure leases for real property or capital improvements. Procurement of leased space shall be conducted in the most efficient and effective manner to provide adequate and appropriate space for the operation of State agenc…

Section 1.4015 Method of Source Selection a) Leases shall be procured by using a Request for Information for Real Property or Capital Improvement Leases (RFI-Real Property Leases) process, except as provided in subsection (b). b) The RFI-Real Property Leases process is not requir…

Section 1.4020 Request for Information − Real Property and Capital Improvement Leases a) RFI-Real Property Leases Form When required, an RFI-Real Property Lease shall be issued and include, but not be limited to, the following: 1) The type of property to be leased; 2) The propose…

Section 1.4025 Lease Requirements 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. 2) Renewal …

Section 1.4030 Purchase Option Initial leases of all space in free-standing buildings shall include an option to purchase exercisable by the State agency unless the SPO, in consultation with CMS, determines in writing that inclusion of that purchase option is not in the State's b…

Section 1.4035 Rent Without Occupancy Except when deemed by PPB to be in the best interest of the State, no State agency may incur rental obligations before having occupancy or possession of the space rented. For the purposes of this Section, the terms "occupancy" and "possession…

Section 1.4040 Local Site Preferences 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. (Source: Added at 36 Ill. Reg. 10729, ef…

Section 1.4042 Historic Area Preference 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 …

Section 1.4044 Emergency Lease Procurement Emergency lease procurements may be made pursuant to Section 1.2030. (Source: Added at 36 Ill. Reg. 10729, effective August 6, 2012) SUBPART O: PREFERENCES

Section 1.4505 Procurement Preferences The procurement preferences identified in Article 45 of the Code must be considered in developing procurement documents, conducting evaluations and drafting contracts. Any preferences applicable to an individual procurement will be stated in…

Section 1.4510 Resident Vendor Preference 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 busi…

Section 1.4515 Soybean Oil-Based Ink and Vegetable Oil-Based Ink a) Contracts requiring the procurement of offset printing services shall specify the use of soybean oil-based ink or vegetable oil-based ink unless an SPO determines another type of ink is required to assure high qu…

Section 1.4520 Recycled Supplies 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 …

Section 1.4525 Recyclable Supplies (Paper) All paper supplies purchased for use by State agencies must be recyclable paper unless a recyclable substitute cannot be used to meet the requirements of the State agencies or would constitute an undue economic or practical hardship [30 …

Section 1.4526 Environmentally Preferable Procurement State agencies 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…

Section 1.4530 Correctional Industries The CPO-GS shall distribute to each SPO and State agency the list of items that must be purchased from Illinois Correctional Industries (ICI), as determined by the CPO-GS. Procurement from ICI may be made without prior notice or competition.…

Section 1.4535 Qualified Not-for-Profit Agencies for Persons with Significant Disabilities a) Purpose Contracts with qualified not-for-profit agencies for persons with significant disabilities (work centers; see Section 45-35 of the Code) under this Section should promote employm…

Section 1.4540 Gas Mileage and Flex-Fuel Requirements a) Specifications for new passenger automobile specifications shall require compliance with minimum gas mileage requirements established in Section 45-40 of the Code. As used in this Section, passenger automobile does not incl…

Section 1.4545 Small Business a) Set-Aside The CPO-GS may determine categories of construction, supplies or service procurements that will be set aside for small businesses in Illinois. A set-aside designation shall be for a stated period of time. An SPO may determine to set asid…

Section 1.4550 Illinois Agricultural Products In awarding contracts requiring the procurement of agricultural products, preference may be given to an otherwise qualified bidder or offeror who will fulfill the contract through the use of agricultural products grown in Illinois. [3…

Section 1.4555 Corn-Based Plastic Products In awarding contracts requiring the procurement of plastic products, preference may be given to an otherwise qualified bidder or offeror who will fulfill the contract through the use of plastic products made from Illinois corn by-product…

Section 1.4557 Disabled Veterans It is the goal of the State to promote and encourage the continued economic development of small businesses owned and controlled by qualified veterans and that qualified service-disabled veteran-owned small businesses (SDVOSB) and veteran-owned sm…

Section 1.4570 Contracting with Businesses Owned and Controlled by Minorities, Women, and Persons with Disabilities Procurements made under the Code are subject to the requirements of the BEP Act. Each agency is responsible for establishing goals and, as applicable, taking other …

Section 1.4575 Domestic Products a) This Section applies unless an exception is provided by statute, or in the case of a small, emergency or sole economically feasible source situation. b) This Section applies to supplies purchased by the State that have undergone some manufactur…

Section 1.4578 Bio-Based Products When a State contract is to be awarded to the lowest responsible bidder, an otherwise qualified bidder who will fulfill the contract through the use of bio-based products may be given preference over other bidders unable to do so, provided that t…

Section 1.4579 Notice of Preferences The Bulletin and solicitation document shall state whether a preference applies or may apply and the amount or type of preference. (Source: Added at 36 Ill. Reg. 10729, effective August 6, 2012)

Section 1.4595 HUBZone Business Contracts a) A State agency shall provide a 2% price preference for a HUBZone business that is responding to an Invitation for Bid or Request for Proposal. b) A State agency may provide up to a 10% price preference for a HUBZone business that is re…

Section 1.4600 Bid Preference for Illinois Businesses a) In procuring construction services for projects with a total value that exceeds the small purchase maximum established by Section 20-20 of the Code, construction agencies shall provide a bid preference to a responsive and r…

Section 1.5 Policy The principles of competitive bidding and economical procurement practices shall apply to all purchases and contracts by and for the State Agencies, except as otherwise provided by law, this Part and other applicable rules. It is the policy of the CPO-GS that a…

Section 1.5002 Continuing Disclosure; False Certification a) All contractors and subcontractors have a continuing obligation to supplement the disclosures and certifications required by this Section for the duration of the contract and shall report any changes to their disclosure…

Section 1.5005 Bribery a) Prohibition No person or business shall be awarded a contract or subcontract who: 1) Has been convicted under the laws of Illinois or any other state of bribery or attempting to bribe an officer or employee of the State of Illinois or any other state in …

Section 1.5010 Felons a) Unless otherwise provided, no person or business convicted of a felony shall do business with the State of Illinois or any State agency, or enter into a subcontract, from the date of conviction until 5 years after the date of completion of the sentence fo…

Section 1.5011 Debt Delinquency a) No person shall submit a bid, offer, or response for, or enter into, a contract or subcontract under the Code, or make a submission to a vendor portal, if that person knows or should know that he or she or any affiliate is delinquent in the paym…

Section 1.5012 Collection and Remittance of Illinois Use Tax a) No person shall enter into a contract with a State agency or enter into a subcontract unless the person and all affiliates of the person collect and remit Illinois Use Tax on all sales of tangible personal property i…