Illinois Administrative Code

Section 40.20 Definitions "Armed Forces of the United States" means the United States Army, Navy, Air Force, Marine Corps, Coast Guard, or service in active duty as defined under 38 USC 101. Service in the Merchant Marine that constitutes active duty under section 401 of PL 95-20…

Section 40.200 Agency Compliance and Reporting a) All State agencies, including the construction agencies, shall report to the Committee and CMS each quarter all of the following: 1) The aggregate amount of dollars spent on State contracts with SDVOSBs and VOSBs; 2) The number of…

Section 40.300 Program Eligibility To qualify as a SDVOSB or VOSB: a) The business must be owned and controlled by veterans and/or service-disabled veterans; b) It must be a small business that does not exceed the sales limitation established in the definition in Section 20.20; c…

Section 40.400 General a) The certification process verifies that the business is owned and controlled by eligible individuals in accordance with requirements of the Code and this Part. CMS will oversee the certification process outlined in this Section. 1) CMS will certify an en…

Section 40.410 Program Information a) CMS shall compile a list of businesses certified under the Code and may compile and maintain other information regarding the Program, including general vendor lists. b) The list will contain the name, address, telephone and facsimile numbers,…

Section 40.500 Application The business seeking certification must complete an application package. CMS personnel may conduct a personal interview with the applicant that may include a telephone interview and/or an on-site visit. Additional on-site visits may be conducted at any …

Section 40.510 Application Requirements The applicant for initial certification, or recertification, must meet all of the requirements set forth in the Code and this Part. Should the applicant fail to meet any of the certification requirements, or refuse to supply information req…

Section 40.520 Eligibility Determination CMS shall contact all applicants seeking certification, via U.S. Mail or electronic correspondence, within 60 days after receipt of the application and all supporting documents. CMS shall grant certification, deny certification, or request…

Section 40.530 Certification by Other Certifying Entities a) CMS may accept a certification by another entity, such as a local government or a federal program for veteran small business owners. That entity must have certification requirements and procedures equaling or exceeding …

Section 40.540 Sales Limitation; Exception a) Annual gross sales must be less than $75 million. In determining the annual gross sales, sales of any affiliated business shall also be counted. b) An affiliated business is one related to the other by virtue of significant commonalit…

Section 40.550 State Residency a) The veterans claiming 51% ownership and control of the applicant business must be living in the State of Illinois or, in the case of a corporation, at least 51% of the stock of which is owned by one or more qualified veterans living in the State …

Section 40.560 Ownership/Control by Members of Eligible Groups a) Individuals claiming ownership and control of the applicant business must be members of the eligible groups identified in Section 40.300. b) The applicant must provide proof of eligible veteran group status. Proof …

Section 40.570 Ownership a) The individuals claiming ownership and control of the applicant business must own at least 51% of the business. b) The ownership shall be real, substantial and continuing and not simply a matter of form. "Real" is a bona fide investment in the business…

Section 40.580 Control a) Ownership by eligible group members does not equate to control. b) The individuals claiming ownership and control of the applicant business must actually control the applicant business. Those individuals must be in direct control of the day to day operat…

Section 40.590 Notice of Certification or Denial a) Notification of Certification When CMS has determined that the applicant meets the requirements of this Part, CMS will notify the applicant in writing that it has been certified. b) Notification of Denial of Certification When C…

Section 40.600 Review and Reconsideration a) The applicant may request that CMS reconsider a certification denial. CMS shall inform the applicant of the reconsideration decision within 60 days after receipt of the request for reconsideration. b) The applicant may request a review…

Section 40.610 Decertification Process a) The State, or a third-party, may challenge the certification status of a SDVOSB or VOSB at any time. b) Upon receipt of information that questions the validity of a certification, CMS shall conduct an investigation. This may include on-si…

Section 40.620 Annual Confirmation of Eligibility a) To maintain its certification, a certified business must file a No Change Affidavit with CMS on an annual basis, confirming there have been no changes in ownership or control from the last certification that would affect the el…

Section 40.700 Special Assistance a) Purchasing agencies may waive or reduce bond requirements for certified vendors when allowed by law and when the reduced bond amount would adequately protect the State's interests. b) Purchasing agencies may enter into contracts with certified…

Section 40.800 Change in Eligibility a) Any contract awarded to a SDVOSB or VOSB may not be assigned to another vendor without approval of the CPO, in consultation with CMS. b) Should a vendor who received a contract with the advance or progress payment provisions cease to qualif…

Section 40.810 Good Faith Efforts and Waiver Request Procedures a) Vendors must make a good faith effort to meet the stated goal. A vendor that fails to meet the goal may still be awarded a contract if it can establish that it made a good faith effort to do so. CMS will determine…

Section 40.900 Violations by Vendor Should a vendor violate the Code, this Part, or the terms of contracts let pursuant to this Program, the State may pursue any or all of the following actions: a) A certified vendor may be decertified and an applicant for certification may be de…

Section 500.10 Title This Part may be cited as the Office of the Auditor General (OAG) Procurement Rules.

Section 500.100 Conduct of Procurements The Auditor General or his or her designee shall serve as Chief Procurement Officer (CPO) for purposes of this Part, and may conduct any or all procurements for the OAG. The CPO may appoint one or more Procurement Officers to conduct procur…

Section 500.1000 Applicability Except as otherwise authorized or required by law, all leases for real property or capital improvements, including office and storage space, buildings and other facilities for State agencies where the State is the lessee are subject to, and shall be…

Section 500.1010 Method of Source Selection Leases shall be procured by a Request for Information (RFI) process except that the process need not be used in any of the following circumstances: a) Property of less than 10,000 square feet with base rent of less than $200,000 per yea…

Section 500.1015 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 Developmen…

Section 500.1020 Request for Information a) RFI Form When required, an RFI shall be issued and shall include: 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 of the property; and 5) a general desc…

Section 500.1030 Lease Requirements a) Length of Leases 1) Maximum Term. Except where a longer term is authorized by law, leases shall be for a term not to exceed 10 years inclusive of proposed contract renewals and shall include a termination option in favor of the OAG after no …

Section 500.1040 Purchase Option Initial leases of all space in entire, free-standing buildings shall include an option to purchase exercisable by the OAG, unless the CPO determines that inclusion of a purchase option is not in the OAG's best interest and makes that determination…

Section 500.1050 Rent Without Occupancy Except when deemed by the CPO to be in the best interest of the State, the OAG may not incur rental obligations before having occupancy or possession of the space rented.

Section 500.1060 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. SUBPART L: PREFERENCES

Section 500.110 Small Business Specialist The CPO, subject to the Auditor General's approval, may designate an OAG employee with experience negotiating contracts to serve as the Small Business Specialist. SUBPART C: PUBLICIZING PROCUREMENT ACTIONS

Section 500.1110 Resident Vendor Preference a) When a contract is to be awarded to the lowest responsible bidder or offeror, a resident bidder or offeror shall be allowed a preference as against a non-resident bidder or offeror from any state that gives or requires a preference t…

Section 500.1120 Soybean Oil-based Ink and Vegetable Oil-based Ink Contracts requiring the procurement of offset printing services shall specify the use of soybean oil-based ink or vegetable oil-based ink unless the Procurement Officer determines that another type of ink is requi…

Section 500.1130 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 othe…

Section 500.1140 Recyclable Supplies All 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 ILCS 500/45…

Section 500.1145 Environmentally Preferable Procurement State agencies shall contract for supplies and services that are environmentally preferable, as that term is defined in 30 ILCS 500/45-26. If, however, contracting for an environmentally preferable supply or service would im…

Section 500.1148 Biobased 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 biobased products may be given preference over other bidders unable to do so, provided that t…

Section 500.1150 Correctional Industries a) The CPO shall make available to all Procurement Officers a listing of the supplies or services available from the Department of Corrections and shall identify those that must be purchased from Corrections. b) Those items that must be pu…

Section 500.1160 Qualified Not-for-Profit Agencies for Persons with Significant Disabilities a) Use The Procurement Officer may determine to contract with a qualified not-for-profit agency for persons with significant disabilities on the list maintained by the State Use Committee…

Section 500.1170 Gas Mileage a) Specifications for the purchase of new passenger automobiles 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 include station wagons, van…

Section 500.1180 Small Business a) Set-Aside The Procurement Officer may designate as small business set-asides a fair proportion of construction, supply and service contracts for award to small businesses in Illinois. b) Small Business List The Procurement Officer may develop it…

Section 500.1190 Contracting with Businesses Owned and Controlled by Minorities, Women and Persons with Disabilities a) Upon direction of the CPO, the OAG may establish goals and other such preferences for contracting or subcontracting with businesses owned and controlled by mino…

Section 500.1195 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. …

Section 500.1197 Corn-based Plastics 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-products. [30…

Section 500.1199 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 (referred to as SDVOSB) and…