Illinois Administrative Code

Section 8.5 Policy and Scope Section 1-5 of the Illinois Procurement Code establishes the policy of the State to be that the principles of competitive bidding and economical procurement practices shall apply to all purchases and contracts by or for State agencies. The purpose of …

Section 8.5002 Continuing Disclosure; False Certification a) Multi-year contracts and subcontracts are subject to the annual recertification requirements of Section 50-2 of the Code. Every person that has entered into a multi-year contract and every subcontractor with a multi-yea…

Section 8.5005 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 or …

Section 8.5010 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 subject to Section 120 of this code, from the date of conviction until 5 years after the d…

Section 8.5011 Debt Delinquency a) No person shall submit a bid for or enter into a contract or subcontract if that person knows or should know that he or she or any affiliate is delinquent in the payment of any debt to the State, unless the person or affiliate has entered into a…

Section 8.5012 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…

Section 8.5013 Conflicts of Interest Prohibited by the Code These conflicts apply to the direct interest of specified State employee or officeholder. a) Any bid, proposal, offer or proposed contract being recommended for award must be reviewed for conflicts of interest pursuant t…

Section 8.5014 Environmental Protection Act Violations a) Unless otherwise provided, no person or business found by a court or the Pollution Control Board to have committed a willful or knowing violation of the Environmental Protection Act shall do business with the State of Illi…

Section 8.5015 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 ve…

Section 8.5020 Exemptions If an individual finds a conflict of interest under Section 50-13 of the Code with the vendor selected for award or contract negotiations, he or she shall forward to the CPO the name of the vendor and a description of the proposed contract and of the pot…

Section 8.5023 Other Conflicts of Interest a) Except as otherwise specified in the Public Officer Prohibited Activities Act, no State officer shall be in any manner financially interested, directly or indirectly, in the name of any other person, association, trust or corporation …

Section 8.5030 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 8.5035 Disclosure of Financial Interests and Potential Conflicts of Interest a) For purposes of Section 50-35(a) of the Code, an "offer from responsive bidders or offerors" means any bid or offer. Disclosures shall be obtained when the award value exceeds $25,000 and for …

Section 8.5037 Vendor Registration, Certification and Prohibition on Political Contributions a) Introduction Illinois statutes [10 ILCS 5/9-35 and 30 ILCS 500/20-160 and 50-37] restrict political contributions by vendors that are business entities and their affiliated entities an…

Section 8.5038 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 8.5039 Procurement Communication Reporting Requirement a) Reporting Requirement Any written or oral communication received by a State employee who, by nature of his or her duties, has the authority to participate personally and substantially in the decision to award a Sta…

Section 8.5060 Prohibited Bidders and Contractors a) Unless otherwise provided, no business shall bid or enter into a contract or subcontract if the business or any officer, director, partner, or other managerial agent of the business has been convicted of a felony under the Sarb…

Section 8.530 Policies and Procedures a) The CPO 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 shall periodically review policies and procedures and determine if any shoul…

Section 8.5400 General All cooperative/joint procurement activities and contracts must be approved by the CPO.

Section 8.5420 Governmental Joint Purchasing Act Contracts State and other governmental units (including not-for-profit entities authorized by law to participate in joint purchasing) may agree to use each others' procurement contracts. This authority is governed by this Subpart a…

Section 8.5440 Non-Governmental Joint Purchasing a) The CPO may authorize one or more State agencies to enter into joint procurement agreements with non-governmental entities, including, without limitation, consortiums of government entities, not-for-profit entities and commercia…

Section 8.5460 No Agency Relationship In any cooperative/joint purchasing situation, each participant must issue its own purchase order, accept its own deliveries and make its own payments. No State agency shall have any obligation to the vendor for payment of orders placed by ot…

Section 8.5560 Suspension and Debarment a) This Part applies to all debarments or suspensions of vendors from consideration for award of contracts under the Code. For the purposes of this Part, all references to "vendors" includes subcontractors. This Part provides for general pr…

Section 8.5620 Violation of Statute or Rule a) Determination that Solicitation or Award Violates Statute or Rule If CDB determines or suspects that the solicitation or proposed award is in violation of statute or rule, it shall report the circumstances to the CPO or SPO. If the C…

Section 8.5700 General Any hearing conducted by the CPO office, as required by the Code or offered in this Part, shall be conducted in accordance with the procedures within this Subpart.

Section 8.5710 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 8.5720 Hearing Officers a) The CPO 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 or …

Section 8.5730 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 as soon as p…

Section 8.5740 Written Comments and Oral Testimony Interested parties wishing to comment may do so in writing alone, may testify in person and may submit written comments reflecting the oral testimony. a) Written Comments 1) Submission of Written Comments Written comments are req…

Section 8.7000 Severability If any provision of this 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 a…

Section 8.7010 Government Furnished Property If the State provides any property to the vendor in furtherance of the contract, the 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 …

Section 8.7015 Inspections a) Inspection of Plant or Site The CPO or a designee may enter a vendor's or subcontractor's plant or place of business, subject to any implementing contract provisions, to: 1) inspect supplies or services for acceptance by the State agency; 2) audit th…

Section 8.8001 Purpose CDB contracts and agreements shall be awarded only to responsible A/E, contractors, construction managers and design-build entities comprised of vendors and are subject to the authority of the CPO. Prospective A/Es, contractors, construction managers and in…

Section 8.8005 Policy a) As a general proposition, except in instances of statutory exceptions, CDB shall award contracts in conformance with the Code. Construction contracts will be awarded to the lowest responsible and responsive bidder. However, award of a contract based on th…

Section 8.8015 Prequalification Required Vendors shall be prequalified. For design-build entities consisting of more than one vendor, each vendor shall be prequalified by CDB. Vendors must be prequalified at least one day prior to any submittal of bids or offers for a specific pr…

Section 8.8017 Special Projects a) When CDB determines a construction project is so large or specialized that a special prequalification and responsibility determination is appropriate, CDB may set appropriate standards of acceptability different from those set out in this Part. …

Section 8.8020 Confidentiality Documents relating to responsibility determinations shall be maintained by CDB in a separate file and shall remain confidential as records pertaining to occupational registration, except that they shall be subject to complete disclosure to the vendo…

Section 8.8025 Sources for Determining Responsibility As part of the prequalification process, CDB will make a responsibility determination in accordance with the standards of responsibility specified in Section 8.2046. CDB may utilize information obtained from one or more of the…

Section 8.8030 Licensing and Registration Actions a) Prequalified vendors and design-build entities shall notify CDB in writing within 10 working days when the Department of Financial and Professional Regulation or any other State entity initiates proceedings to refuse to renew o…

Section 8.8035 Trade Codes and Profile Codes a) Vendors shall indicate on the application form the specific trade or profile codes within the area of practice in which the vendor has specific areas of knowledge, expertise or experience. The applicant may indicate only those codes…

Section 8.8040 Prequalification by Office Locations a) Vendors and design-build entities shall list all office locations on the prequalification application for which it seeks prequalification. These office locations may be business subsidiaries, divisions, branches, etc. CDB res…

Section 8.8045 Processing of Prequalification and Responsibility and Renewal Applications a) New bidders and offerors and bidder and offerors nearing the prequalification expiration date must complete a prequalification and responsibility application, including the Financial Disc…

Section 8.8050 Actions Affecting Prequalification At any time, the CPO may consider whether action should be taken concerning prequalification. Actions that may be taken include one or more of the following: a) Interim or Emergency Suspension or Modification The CPO may summarily…

Section 8.8055 Causes for Suspension, Debarment, Modification of Ability to Bid or Offer, or Conditional Prequalification The CPO may determine a vendor is not responsible and suspend, debar or otherwise modify or issue a conditional prequalification based upon one or more of the…

Section 8.8057 Failure to Satisfactorily Perform Work on, or Breach of the Terms of, CDB Contracts, Private Contracts or Other Governmental Contracts CDB may request the CPO take action upon prequalification for the vendor's failure to satisfactorily perform work on, or breach of…

Section 8.8060 Interim or Emergency Suspension or Modification Pursuant to Section 16 of the Capital Development Board Act a) CDB may suspend or modify a vendor's prequalification without a prior hearing, or administrative procedure, for one or more of the following causes: 1) Th…

Section 8.8065 Denial of Prequalification a) This Section is applicable to vendors who are one of the following: 1) First-time applicants for CDB prequalification. 2) Vendors who sent a renewal application that arrived at CDB after the prequalification expiration date or could no…