Illinois Administrative Code

Section 4.5015 Lead Poisoning Prevention Act Violations Owners of residential building who have committed a willful or knowing violation of the Lead Poisoning Prevention Act [410 ILCS 45] are prohibited from doing business with the State of Illinois or any State agency, or subcon…

Section 4.5016 Negotiations for Future Employment a) It is unlawful for any person employed in or on a continual contractual relationship with any of the offices or agencies of State government to participate in contract negotiations on behalf of that office or agency with any fi…

Section 4.5017 Expatriated Entities a) Except as provided in subsection (c), a university may not enter a contract with an expatriated entity or with any subsidiary of such an entity. b) Except as provided in subsection (c), no business or member of a unitary business group, as d…

Section 4.5020 Exemptions If the university or SPO finds a conflict of interest under Section 50-13 of the Code with the vendor selected for award or contract negotiations, the university shall make a recommendation to the SPO and include documentation of the university's positio…

Section 4.5021 Bond Issuances a) Definitions. For the purposes of this Part, the following listed terms shall have the same meaning as in the Code and as further defined in this subsection (a). 1) "Entity" means brokers, dealers and municipal securities dealers as defined in, and…

Section 4.5023 Other Conflicts of Interest a) Except as otherwise specified in the Public Officer Prohibited Activities Act [50 ILCS 105], no State official/member of the university's governing board shall be directly or indirectly interested in any contract to be made by the Sta…

Section 4.5030 Revolving Door Prohibition a) CPOs, SPOs, Procurement Compliance Monitors, their designees whose principal duties are directly related to State procurement, and executive officers confirmed by the Senate are expressly prohibited for a period of 2 years after termin…

Section 4.5035 Disclosure of Financial Interests and Potential Conflicts of Interest a) Disclosures of financial interests and potential conflicts of interest shall be obtained for all submissions to a vendor portal and from all bidders, offerors, vendors, or contractors. 1) For …

Section 4.5036 Disclosure of Business in Iran a) Each bid or offer submitted for a State contract, other than a small purchase, shall include a disclosure of whether the bidder, offeror or any of its corporate parents or subsidiaries, within the 24 months before submission of the…

Section 4.5037 Vendor Registration, Certification and Prohibition on Political Contributions a) Introduction Illinois statute [10 ILCS 5/9-35 and 30 ILCS 500/20-160 and 50-37] restricts political contributions by vendors and affiliated entities, requires registration with the Sta…

Section 4.5038 Lobbying Restrictions a) A person or business that is let or awarded a contract is not entitled to receive any payment, compensation or other remuneration from the State to compensate the person or business for any expenses related to travel, lodging or meals that …

Section 4.5039 Procurement Communication Reporting Requirement a) Reporting Requirement Any written or oral communication received by a State employee who, by the nature of his or her duties, has the authority to participate personally and substantially in the decision to award a…

Section 4.5040 Reporting and Anticompetitive Practices a) Every vendor, bidder, offeror, potential contractor, contractor, CPO-HE, SPO, designee, elected official, or State or university employee is required to report in writing any suspected collusion or other anticompetitive pr…

Section 4.5055 Supply Inventory Universities shall manage their inventory of supplies in compliance with the 12-month inventory restriction of Section 50-55 of the Code. (Source: Added at 36 Ill. Reg. 10951, effective August 6, 2012)

Section 4.5080 Sexual Harassment Policy Every bidder, offeror, potential contractor, contractor or subcontractor shall have a sexual harassment policy in accordance with Section 2-105(A)(4) of the Illinois Human Rights Act. A copy of the policy shall be available to the CPO-HE or…

Section 4.525 Rules a) Procurement under the jurisdiction of the CPO-HE or an appointed SPO shall be conducted in accordance with the Code and this Part, except as provided in this Section. b) If legislation or court decision invalidates any Section of this Part or requires a dif…

Section 4.530 Policies and Procedures a) The CPO-HE may issue policies and procedures to further implement the Code and this Part. Policies and procedures shall be maintained in a structured format. The CPO-HE shall periodically review policies and procedures and determine if any…

Section 4.5325 Concessions a) Each public institution of higher education may enter into concessions, including the right to engage in activity on the lessors property (e.g., a refreshment or parking concession), and including the assignment, license, sale, or transfer of interes…

Section 4.5400 General a) This Part describes and implements approved methods and requirements of source selection using: 1) Governmental Joint Purchasing; 2) Nongovernmental Joint Purchasing; 3) Group Purchasing Organizations; 4) Piggyback Contracts. b) Joint and cooperative pur…

Section 4.5420 Governmental Joint Purchasing a) The CPO-HE or designee may authorize any university to purchase personal property, supplies or services jointly with one of more governmental units. This applies when the university and another governmental entity or consortium of g…

Section 4.5422 Nongovernmental Joint Purchasing a) The CPO-HE or designee may authorize any university to purchase personal property, supplies or services jointly with one of more nongovernmental units. This applies when the university and a not-for-profit entity or for-profit en…

Section 4.5424 Group Purchasing Organizations a) The CPO-HE or designee may authorize a university or consortium of universities to purchase personal property, supplies and services that have been procured through a competitive process by a: 1) federal agency; 2) consortium of go…

Section 4.5426 Piggyback Contracts a) The CPO-HE or designee may authorize a university to purchase personal property, supplies and services that have been procured through a competitive process by another state, another State agency or public university of this State or any othe…

Section 4.5440 Other Joint Purchasing (Repealed) (Source: Repealed at 43 Ill. Reg. 1781, effective February 15, 2019)

Section 4.5460 No Agency Relationship (Repealed) (Source: Repealed at 43 Ill. Reg. 1781, effective February 15, 2019) SUBPART R: DISPUTES AND PROTESTS

Section 4.5500 General This Part establishes the standards and governing procedures to be followed for resolving procurement-related disputes, protested solicitations and awards, and contract controversies. (Source: Added at 43 Ill. Reg. 1781, effective February 15, 2019)

Section 4.5550 Protests a) Procurement-Related Protests Allowed 1) Any person may submit a protest related to the notice of the procurement, the solicitation document, any pre-bid/proposal meeting and any decision to reject a late bid or proposal. 2) Any person who has submitted …

Section 4.5560 Suspension and Debarment a) This Part applies to all debarments or suspensions of vendors from consideration for award of contracts under the Code. For purposes of this Part, all references to "vendors" includes subcontractors. b) The CPO-HE may suspend a vendor fr…

Section 4.5620 Violation of Statute or Rule a) Determination that Solicitation or Award Violates Statute or Rule If the CPO-HE or the SPO finds that the solicitation or proposed award is in violation of statute or rule, the CPO-HE or SPO may cancel the solicitation or proposed aw…

Section 4.5700 General Any hearing required by the Code or offered in this Part shall be conducted in accordance with the procedures within this Subpart U. (Source: Added at 36 Ill. Reg. 10951, effective August 6, 2012)

Section 4.5710 Informal Process The hearing is for the purpose of receiving information from interested persons in a reasonable manner. Formal rules of evidence will not apply, nor will the hearing be conducted in the manner of a trial. The Hearing Officer may record the hearing …

Section 4.5720 Hearing Officers a) The CPO-HE may appoint one or more hearing officers to conduct the hearing. If more than one Hearing Officer is assigned to conduct a hearing, one shall be designated as the Chief Hearing Officer. b) The Hearing Officer may require that the SPO …

Section 4.5730 Notice of Hearing a) Notice that a hearing will be held as necessary to receive testimony or written comments regarding the subject matter identified in the notice will be published in the Bulletin. The hearing notice shall be published in the Bulletin at least 14 …

Section 4.5740 Written Comments and Oral Testimony Any person wishing to comment for or against the determination may do so in writing, may testify in person and may submit written comments reflecting the oral testimony. a) Written Comments 1) Submission of Written Comments Writt…

Section 4.6500 General (Repealed) (Source: Repealed at 36 Ill. Reg. 10951, effective August 6, 2012)

Section 4.6510 No Agency Relationship (Repealed) (Source: Repealed at 36 Ill. Reg. 10951, effective August 6, 2012) SUBPART V: MISCELLANEOUS PROVISIONS OF GENERAL APPLICABILITY

Section 4.7000 Severability If any provision of the Part or any application of it to any person or circumstance is held invalid, that invalidity shall not affect other provisions or applications of this Part that can be given effect without the invalid provision or application an…

Section 4.7005 Supply Inventory (Repealed) (Source: Repealed at 36 Ill. Reg. 10951, effective August 6, 2012)

Section 4.7010 University Furnished Property If the university provides any property to the vendor in furtherance of the contract, the property shall remain the property of the university but may be consumed by the vendor if necessary to complete the contract. Vendor will issue a…

Section 4.7015 Inspections a) Inspection of Plant or Site The CPO-HE or a designee may enter a vendor's or subcontractor's plant or place of business and, pursuant to contract provisions, if any: 1) inspect supplies or services for acceptance by the university; 2) audit the books…

Section 4.7020 Taxes, Licenses, Assessments and Royalties a) The contractor shall pay all current and applicable city, county, State and federal taxes, licenses or assessments, including federal excise taxes, due on the performance of any contract, including, without limiting the…

Section 4.7030 No Waiver of Sovereign Immunity Nothing in this Part shall be deemed a waiver of sovereign immunity. (Source: Amended at 40 Ill. Reg. 456, effective January 15, 2016)

Section 4.8 Implementation of This Part a) This Part establishes rules necessary and appropriate to implement the procurement authority granted by the Code to the CPO-HE relating to the procurement of supplies, including inventory level, services, real estate and capital improvem…

Section 4.9 Application a) The Code and this Part shall apply regardless of the source of the funds with which the contracts are paid, including federal assistance moneys, except as provided in Sections 4.10 and 4.13 of this Part [30 ILCS 500/1-10(b) and 1-13(a)]. b) The Code and…

Section 6.10 Authority a) The Chief Procurement Officer (CPO) is established in the Illinois Procurement Code (Code) [30 ILCS 500] as the person appointed by the Secretary of Transportation with the consent of the majority of the members of the Executive Ethics Commission for all…

Section 6.100 Small Purchases a) The following procurements, when they do not exceed $100,000, may be made without notice, competition, or use of any other method of procurement prescribed in the Code or this Part: 1) Construction purchases; 2) Individual purchases for supplies o…

Section 6.1000 Purpose For DBB projects, the architectural, engineering and land surveying services shall be procured in compliance with the QBS Act. Construction management services shall be procured in compliance with Article 33 of the Code (Construction Management Services). C…