Illinois Administrative Code

Section 1120.2005 General Provisions a) Late Bids or Proposals, Late Withdrawals and Late Modifications 1) Definition. Any bid or proposal received after the time and date for receipt, and at other than the specified location, is late. A bid that is delivered to the wrong locatio…

Section 1120.2010 Competitive Sealed Bidding a) Application Competitive sealed bidding is the required method of source selection, except as allowed by the Code and this Part. The provisions of this Section apply to every procurement required to be conducted by competitive sealed…

Section 1120.2012 Multi-Step Sealed Bidding a) Definition Multi-step sealed bidding is a two-phase process consisting of a technical first phase composed of one or more steps in which bidders submit unpriced technical offers to be evaluated by the IOC, and a second phase in which…

Section 1120.2015 Competitive Sealed Proposals a) Conditions for Use When provided for under the Code or under this Part, or when the IOC determines in writing that the use of competitive sealed bidding is either not practicable or not advantageous to the IOC, a contract may be e…

Section 1120.2020 Small Purchases a) Application 1) Amount. Any individual procurement of supplies or services not exceeding $100,000 and any procurement of construction not exceeding $100,000, or any individual procurement of professional or artistic services not exceeding $100,…

Section 1120.2025 Sole Economically Feasible Source Procurement a) Application The provisions of this Section apply to procurement from a sole economically feasible source (referred to as sole source) unless the estimated amount of the procurement is within the limit set in Secti…

Section 1120.2030 Emergency Procurements a) Applications The provisions of this Section apply to every procurement over the small purchase limit set in Section 1120.2020, that is not a sole source procurement under Section 1120.2025, made under emergency conditions. b) Definition…

Section 1120.2035 Competitive Selection Procedures for Professional and Artistic Services a) Application 1) The provisions of this Section apply to every procurement of professional and artistic services except those professional and other services necessary to prepare for antici…

Section 1120.2036 Other Methods of Source Selection a) Split Award 1) An award of a definite quantity requirement may be split between bidders or offerors. Each portion shall be for a definite quantity and the sum of the portions shall be the total definite quantity required. A s…

Section 1120.2037 Tie Bids and Proposals a) Tie bids or proposals are those from responsive and responsible vendors that are identical in price or evaluation. b) Tie bids or proposals will be treated as follows: 1) If the tied vendors include an Illinois resident vendor, the Illi…

Section 1120.2038 Mistakes a) General. Corrections to bids, proposals or other procurement processes are allowed, but only to the extent not contrary to the best interest of the State or the fair treatment of other bidders. b) Mistakes Discovered Before Opening. A vendor may corr…

Section 1120.2040 Cancellation of Solicitations; Rejection of Bids or Proposals a) Scope of this Section The provisions of this Section shall govern the cancellation of any solicitations whether issued by the IOC under competitive sealed bidding, competitive sealed proposals, sma…

Section 1120.2043 Suppliers a) An agency with procurement authority may contract with any qualified source of supply, but must give preference to directed sources and should consider the special sources outlined in this Section. b) Directed Sources − State-Produced Supplies or Se…

Section 1120.2044 Vendor Lists a) The Procurement Officer may maintain a list of vendors interested in doing business with the IOC. Lists of names and addresses of bidders shall be available for public inspection. b) Inclusion or exclusion from the vendor list of the name of a bu…

Section 1120.2045 Prequalification a) General 1) The CPO shall identify by publication in the Bulletin the categories of supplies and services (including professional and artistic services) for which the CPO may prequalify vendors of those supplies and services. The CPO is not re…

Section 1120.2046 Responsibility a) Application Contracts are to be made only with responsible vendors unless no responsible vendor is available to meet the IOC's needs. If there is doubt about responsibility, and if a bond or other security would adequately protect the State's i…

Section 1120.2047 Security Requirements a) The CPO may require that a vendor furnish bid, proposal or performance security on IOC contracts. Whenever security is required, except as provided in this Section, the procurement document will clearly indicate the type and amount of se…

Section 1120.2050 Specifications and Samples a) CPO Responsibilities Regarding Specifications 1) The CPO is authorized to write IOC procurement specifications. 2) If a specification for general or common use or a qualified products list exists for an item to be procured under Sec…

Section 1120.2055 Types of Contracts a) Scope of Rule This Subpart contains descriptions of types of contracts and limitations as to when they should be utilized by the IOC in its procurements. Types of contracts not mentioned in this Section may also be utilized. b) Prohibition …

Section 1120.2060 Duration of Contracts − General a) General 1) A multi-term contract for a term of up to 10 years is authorized when determined by the CPO to be in the best interest of the State, inclusive of proposed contract renewals. 2) A software license may have a term long…

Section 1120.25 Property Rights Receipt of an Invitation for Bids or other procurement document, or submission of any response thereto, or other offer confers no right to receive an award or contract, nor does it obligate the State in any manner. SUBPART B: PROCUREMENT RULES

Section 1120.2560 Prevailing Wage (Repealed) (Source: Repealed at 37 Ill. Reg. 3075, effective March 1, 2013)

Section 1120.2570 Equal Employment Opportunity: Affirmative Action a) Every party to a public contract and every eligible bidder shall: 1) Refrain from unlawful discrimination and discrimination based on citizenship status in employment and undertake affirmative action to assure …

Section 1120.2580 Subcontractors All competitive sealed proposals, including proposals for professional and artistic services, shall include a provision to require each offeror to identify, in its proposal or prior to award, the identity of each subcontractor that will be used in…

Section 1120.2800 All Costs Included The IFB or RFP and any resulting contract should define whether prices cover transportation, transit insurance, delivery, installation, taxes, and any other costs. SUBPART M: CONSTRUCTION AND CONSTRUCTION-RELATED PROFESSIONAL SERVICES

Section 1120.3005 Construction and Construction-Related Professional Services Construction and Construction-Related Professional Services shall be procured by the CPO in accordance with the State Comptroller Act [15 ILCS 405/2] under rules promulgated by the Capital Development B…

Section 1120.4005 Real Property Leases and Capital Improvement Leases Real property leases and capital improvement leases shall be procured in accordance with Article 40 of the Code, this Part, and 44 Ill. Adm. Code 5000. In the event of a conflict, 44 Ill. Adm. Code 5000 shall p…

Section 1120.4505 Procurement Preferences The procurement preferences identified in Article 45 of the Code must be considered in developing procurement documents, conducting evaluations and drafting contracts. When any such preference is utilized, the IFB, RFP or other procuremen…

Section 1120.4510 Resident Bidder 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 bus…

Section 1120.4530 Correctional Industries a) The CPO shall refer to the listing maintained by DCMS of the goods or services available and mandatorily purchased from the Department of Corrections. b) Those items that must be purchased from Corrections may not be procured from any …

Section 1120.4535 Sheltered Workshops for the Disabled a) Use of Sheltered Workshop The CPO shall refer to information prepared by DCMS concerning qualified sheltered workshops and categories of goods and services set aside to those sheltered workshops by DCMS. To the extent prac…

Section 1120.4540 Gas Mileage a) Vehicle specifications shall require compliance with minimum gas mileage requirements established in Section 45-40 of the Code. b) Exceptions must be approved by the CPO and must fully describe the circumstances necessitating a noncompliant vehicl…

Section 1120.4545 Small Business a) Set-Aside The CPO-GS may determine categories of goods or services procurements that will be set aside for small business located in Illinois. The SPO may contact the CPO-GS to determine whether a particular procurement has been set aside for s…

Section 1120.4550 Contracting with Business Owned and Controlled by Minorities, Women, and Persons with Disabilities a) The Business Enterprise for Minorities, Women, and Persons with Disabilities Act [30 ILCS 575/0.01] (Act) sets a goal (minimum 20%) for contracting with busines…

Section 1120.5 Policy All procurements for the Office of the Comptroller (IOC) shall be accomplished in the most economical, expeditious and commercially reasonable manner that is in accordance with statute, this Part and other applicable rules. (Source: Renumbered from Section 1…

Section 1120.5013 Conflicts of Interest Prohibited by the Code a) Any bid, proposal, offer of acceptance, or proposed contract must be reviewed for conflicts of interest pursuant to Section 50-13 of the Code. If a conflict is found, no contract will be executed unless the CPO req…

Section 1120.5015 Negotiations for Future Employment a) An individual who performs services pursuant to a contract and who meets the requirements of an "employee" as opposed to an independent contractor is in a "continued contractual relationship" for the effective date of the co…

Section 1120.5020 Exemptions If the CPO finds a conflict of interest under Section 50-13 of the Code with the vendor selected for award or contract negotiations, the Comptroller shall decide in writing whether to grant an exception and place the written determination in the contr…

Section 1120.5030 Revolving Door The CPO shall identify in writing his or her designees whose job, or whose position description, is at least 51% directly related to State procurement. The following activities are directly related to State procurement: drafting specifications, pr…

Section 1120.5035 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 only those offers that are received using an IFB or RFP under Section 20-10, 20-15 or 20-3…

Section 1120.5040 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 …

Section 1120.525 Rules a) To the extent practicable, the IOC may avail itself of master, scheduled or open-ended contracts established by the CPO-GS; items available from the Paper and Printing Warehouse; and the CPO-GS contracts for telecommunications equipment, software and ser…

Section 1120.5310 Concessions Proposed concessions or leases of State property under this provision of the Code must be coordinated with DCMS to ensure compliance with the State Property Control Act [30 ILCS 605] and rules implementing that Act. SUBPART R: COMPLAINTS, PROTESTS AN…

Section 1120.5510 Complaints Against Vendors or Subcontractors a) The purpose of this Section is to document performance of vendors or subcontractors. b) Whenever a vendor or subcontractor fails to meet contract requirements, including but not limited to failure to deliver on tim…

Section 1120.5520 Suspension a) Application This Section applies to all debarments or suspensions of vendors or subcontractors from consideration for award of contracts under the Code. b) The CPO may suspend a vendor or subcontractor from doing business with the IOC or for specif…

Section 1120.5530 Settlement and Resolution of Contract and Breach a) Authority to Settle or Resolve Controversies The CPO shall have authority to settle and resolve controversies, but the Comptroller may set limits on that authority. b) Authority of Using Agency The IOC has the …

Section 1120.5540 Violation of Statute or Rule a) Determination that Solicitation or Award Violates Law If the Procurement Officer finds that the solicitation or proposed award is in violation of statute or rule, the CPO may cancel the solicitation or proposed award, or make modi…