Illinois Administrative Code

Section 4.2060 Duration of Contracts − General 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 leng…

Section 4.2065 Cancellation of Contracts 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 t…

Section 4.2067 Contract Amendments and Change Orders 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 per…

Section 4.2080 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 4.2084 Record Retention 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 an…

Section 4.2086 Contract Filing 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 empl…

Section 4.25 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 4.2560 Prevailing Wage 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 …

Section 4.2565 Contracts Performed Outside the United States 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 ide…

Section 4.2570 Equal Employment Opportunity; Affirmative Action 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…

Section 4.2580 Successor Contractor 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 …

Section 4.3 Authority a) This Part is promulgated by the Chief Procurement Officer for Public Institutions of Higher Education (CPO-HE) in accordance with the provisions of the Illinois Procurement Code (Code) [30 ILCS 500]. This Part may be amended in accordance with the Code an…

Section 4.3005 Construction and Construction Related Professional Services 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 …

Section 4.4005 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. (Source: Amended at 36 Ill. Reg. 10951, effective August 6, 2012)

Section 4.4010 Authority 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 ope…

Section 4.4015 Method of Source Selection 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…

Section 4.4020 RFI-RPL Process 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…

Section 4.4025 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. A lease for…

Section 4.4030 Purchase Option 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 …

Section 4.4035 Rent Without Occupancy 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 "pos…

Section 4.4040 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.

Section 4.4042 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 4.4044 Emergency Lease Procurement Emergency lease procurements may be made pursuant to Section 4.2030. (Source: Added at 36 Ill. Reg. 10951, effective August 6, 2012) SUBPART N: PREFERENCES

Section 4.4505 Procurement Preferences The procurement preferences identified in Article 45 of the Code must be considered in developing procurement documents, conducting evaluations and drafting contracts. The Bulletin and solicitation document shall state whether a preference a…

Section 4.4510 Resident Bidder and Offeror 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 tran…

Section 4.4515 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 a State Purchasing Officer determines that another type of ink is r…

Section 4.4520 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 4.4525 Recyclable Supplies (Paper) 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 ILC…

Section 4.4526 Environmentally Preferable Procurement 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 w…

Section 4.4530 Correctional Industries 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 b…

Section 4.4535 Qualified Not-for-Profit Agencies for Persons with Significant Disabilities a) Contracts issued under this Section with qualified not-for-profit agencies for persons with significant disabilities should promote employment and training opportunities for persons with…

Section 4.4540 Gas Mileage, Flex-Fuel, Biodiesel and Hybrid Requirements Sections 25-75 and 45-40 of the Illinois Procurement Code impose requirements applicable to the purchase and, in some situations, the lease of passenger vehicles. These requirements are: a) Section 25-75 (Fl…

Section 4.4545 Small Businesses a) Authority to Establish Small Business Set-Aside The CPO-HE, in consultation with the universities, may determine categories of construction, supplies or service procurements that will be set aside for small businesses in Illinois. A set-aside de…

Section 4.4550 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 4.4555 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 4.4557 Veterans and Service-Disabled Veterans In furtherance of the goal established by Section 45-57 of the Code, the CPO may make available information regarding the availability of small businesses owned by veterans and service-disabled veterans to the universities and…

Section 4.4570 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 Business Enterprise for Minorities, Women, and Persons with Disabilities Act [30 ILCS 575]. …

Section 4.4575 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 university that have undergone some manuf…

Section 4.4578 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 4.4579 Notice of Preferences (Repealed) (Source: Repealed at 40 Ill. Reg. 456, effective January 15, 2016)

Section 4.4595 HUBZone Business Contracts a) This Section applies unless an exception is provided by statute or, in the case of a small, emergency or sole economically feasible source procurement. b) Specifications shall include a reference to the preference established in this S…

Section 4.5 Policy The principles of competitive bidding and economical procurement practices shall apply to all purchases and contracts by or for the universities, except as otherwise provided by law, this Part and other applicable rules. It is the policy of the CPO-HE that all …

Section 4.5002 Continuing Disclosures; 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 immediately report any changes to the…

Section 4.5005 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 4.5009 Felons a) Unless otherwise provided, no person or business convicted of a felony shall do business with the State of Illinois or any university, or enter into a subcontract, from the date of conviction until 5 years after the date of completion of the sentence for …

Section 4.5010 Prohibited Bidders and Contractors a) Unless otherwise provided, no business shall bid, offer, enter into a contract or subcontract under the Code, or make a submission to a vendor portal if the business or any officer, director, partner or other managerial agent o…

Section 4.5011 Debt Delinquency a) No person shall submit a bid or offer for or enter into a contract or subcontract under this 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 payment of any de…