Illinois Administrative Code

Section 1300.1580 Direct Solicitation In addition to giving notice in the Bulletin, the OAG may directly contact prospective vendors. Direct solicitation may be oral or in writing, but care will be taken to ensure that all vendors solicited in this manner receive the same informa…

Section 1300.2005 General Provisions a) Late Bids or Proposals, Late Withdrawals and Late Modifications 1) Definition. Any bid or proposal received after the time, date and place set for receipt is late. A bid that is delivered to the wrong location but that is subsequently deliv…

Section 1300.2010 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 1300.2012 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 OAG, and a second phase in whic…

Section 1300.2015 Competitive Sealed Proposals a) Competitive Sealed Proposals may be used whenever permitted by the Code and as described in this Part. b) The Competitive Sealed Proposal method of source selection may be used to procure the following categories: 1) electronic da…

Section 1300.2020 Small Purchases a) Application Procurements of less than $100,000 for supplies or services, and less than $100,000 for professional and artistic services contracts that are for a nonrenewable term of less than one year, may be made without notice, competition or…

Section 1300.2025 Sole Source Procurement a) Application The provisions of this Section apply to procurement from a sole source unless the estimated amount of the procurement is within the limit set in Section 1300.2020 (Small Purchases) or unless emergency conditions exist as de…

Section 1300.2030 Emergency Procurements a) Applications The provisions of this Section apply to every procurement over the small purchase limit set in Section 1300.2020 of this Part and that is not a sole source procurement under Section 1300.2025, made under emergency (includin…

Section 1300.2035 Competitive Selection Procedures for Professional and Artistic Services a) Application The provisions of this Section apply to every procurement of professional and artistic services except those professional and other services necessary to prepare for anticipat…

Section 1300.2036 Other Methods of Source Selection a) Split Award 1) An award of a definite quantity requirement may be split between or among two or more contractors. Each portion shall be for a definite quantity and the sum of the portions shall be the total definite quantity …

Section 1300.2037 Tie Bids and Proposals a) Tie bids or proposals are those from responsive and responsible vendors that are identical in price or valuation. b) Tie bids or proposals will be treated as follows: 1) If the tied vendors include only one Illinois resident vendor, the…

Section 1300.2038 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 correc…

Section 1300.2040 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 OAG under competitive sealed bidding, competitive sealed proposals, sma…

Section 1300.2043 Suppliers a) The OAG may contract with any qualified source of supply, but must give preference to Directed Sources, and should consider the following Special Sources. b) Directed Sources − State-Produced Supplies or Service 1) Correctional Industries. The CPO, …

Section 1300.2044 Vendor List/Required Use a) The CPO may maintain a list of vendors interested in doing business with the OAG. 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 busine…

Section 1300.2045 Prequalification a) General 1) The CPO may require that vendors be prequalified as a condition of being placed on the bid list. If so, vendors shall be given an opportunity to prequalify at least one time per year. The opportunity to prequalify, and whether preq…

Section 1300.2046 Responsibility a) Application Contracts are to be made only with responsible vendors unless no responsible vendor is available to meet the OAG's needs. If there is doubt about responsibility, and if a bond or other security would adequately protect the State's i…

Section 1300.2047 Security Requirements a) The Procurement Officer may require that a vendor furnish bid, proposal, or performance security on OAG contracts. Whenever security is required, except as provided herein, the procurement document will clearly indicate the type and amou…

Section 1300.2050 Specifications and Samples a) Responsibilities Regarding Specifications 1) The Procurement Officer is authorized to write specifications for procurements for the OAG. 2) When a written determination is made by the Procurement Officer authorized to prepare the sp…

Section 1300.2055 Types of Contracts a) Scope of Rule This Section contains descriptions of types of contracts and limitations as to when they should be utilized by the OAG in its procurements. b) Prohibition of Cost-Plus-a-Percentage-of-Cost Contracting The cost-plus-a-percentag…

Section 1300.2060 Duration of Contracts − General a) General 1) A multi-year contract for a term up to 10 years is authorized when determined by the CPO to be in the best interest of the OAG and the State, inclusive of proposed contract renewals. 2) A software license may have a …

Section 1300.25 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.

Section 1300.2560 Prevailing Wage a) For the following classifications and if competition exists, no bidder, offeror, potential contractor or contractor will be awarded a contract unless its employees are paid wages and benefits and are working under conditions prevalent in the l…

Section 1300.2580 Subcontractors All competitive sealed proposals, including proposals for professional and artistic services, shall include a provision to require each offeror to identify, either in its proposal or prior to award, the identity of the subcontractors that will be …

Section 1300.2800 All Costs Included Unless otherwise allowed by the solicitation, prices quoted shall be all inclusive covering transportation, transit insurance, delivery, installation, taxes, and any other costs. SUBPART N: REAL PROPERTY LEASES AND CAPITAL IMPROVEMENT LEASES

Section 1300.30 Contracts Necessary to Prepare for Anticipated Litigation a) Contracts necessary to prepare for anticipated litigation, enforcement actions or investigations, including but not limited to the appointment of special assistant attorneys general, contracts for court …

Section 1300.4005 Real Property Leases and Capital Improvement Leases Except as otherwise authorized or required by law, real property leases and capital improvement leases shall be procured in accordance with Article 40 of the Code and this Part. (Source: Amended at 36 Ill. Reg.…

Section 1300.4010 Renewal The renewal or extension of leases in effect before July 1, 1998 shall be in accordance with Section 40-15 of the Code except that Section 40-15(b)(5)(ii) and (iii) shall not apply.

Section 1300.4015 Method of Source Selection a) Leases shall be procured by using a Request for Information process, except as provided in subsection (b). b) The RFI process is not required in the following circumstances. 1) Property of less than 10,000 square feet with rent of l…

Section 1300.4020 Request for Information and Review of Proposed Leases a) An RFI will contain at a minimum the following information: 1) A description of the general type of property to be leased; 2) The proposed use of the property; 3) The proposed term of the lease; 4) The pre…

Section 1300.4025 Lease Requirements a) Length of Leases 1) Maximum Term. Except when 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 5 y…

Section 1300.4045 Emergency Lease Procurements Emergency lease procurements may be made pursuant to 44 Ill. Adm. Code 1300.2030 of this Part. (Source: Added at 36 Ill. Reg. 11974, effective July 13, 2012) SUBPART O: PREFERENCES

Section 1300.4500 Contracting with Businesses Owned and Controlled by Minorities, Women, and Persons with Disabilities a) As required by Section 9 of the Attorney General Act [15 ILCS 205] and in accordance with the Business Enterprise for Minorities, Women, and Persons with Disa…

Section 1300.4505 Procurement Preferences The procurement preferences identified in Article 45 of the Code must be considered in developing procurement documents, conducting evaluations and drafting contracts.

Section 1300.4510 Resident Bidder Preference a) "Illinois resident vendor" as used in this Section means a person, including a foreign corporation, duly authorized to transact business in this State and having a bona fide establishment for transacting business within this State a…

Section 1300.4530 Correctional Industries a) To the extent economically practicable, the Procurement Officer shall refer to, and make purchases from, the listing maintained by DCMS of goods or services available from Illinois Correctional Industries (ICI). b) When the Procurement…

Section 1300.4535 Certified Work Centers for Persons with Significant Disabilities a) The Procurement Officer shall refer to information prepared by DCMS regarding qualified not-for-profit agencies' certified work centers for persons with significant disabilities and categories o…

Section 1300.4540 Gas Mileage a) Vehicle specifications shall require compliance with minimum gas mileage requirements established in Section 45-40 of the Code. b) Requests for exceptions must be approved by the CPO. Requests must fully describe the circumstances necessitating a …

Section 1300.4545 Small Business a) Set-Aside The CPO for DCMS may determine categories of goods or service procurements that will be set-aside for small business. The Procurement Officer may contact DCMS to determine whether a particular procurement has been set-aside for small …

Section 1300.5013 Conflicts of Interest a) An individual has a direct pecuniary interest in a contract when the individual is owed a payment in conjunction with performance of a contract, including, but not limited to, finder's fees and commission payments. b) Distributable incom…

Section 1300.5015 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…

Section 1300.5020 Exemptions If the Purchasing Officer finds a conflict of interest under Section 50-13 of the Code with the vendor selected for award or contract negotiations, the Purchasing Officer shall forward to the CPO the name of the vendor and a description of the propose…

Section 1300.5030 Revolving Door a) Procurement Officers, Procurement Officer designees and OAG PPCMB members are subject to the revolving door provisions of the Code [30 ILCS 500/50-30]. b) Each Procurement Officer shall identify designees in writing and shall maintain the desig…

Section 1300.5035 Disclosure of Financial Interests and Potential Conflicts of Interest a) Distributable income means the amount of income actually distributed to those entitled to receive a share of such income after a company has paid all expenses, including employee salary and…

Section 1300.5037 Vendor Registration, Certification and Prohibition on Political Contributions a) Introduction Illinois law [10 ILCS 5/9-35 and 30 ILCS 500/20-160 and 50-37] (the statutes) restricts political contributions by vendors and affiliated entities; requires registratio…

Section 1300.5039 Communications Related to Procurement a) Any OAG employee who receives a written or oral communication that imparts or requests material information or makes a material argument regarding potential action concerning a procurement matter, including but not limite…

Section 1300.5060 Voidable Contracts If the CPO identifies, discovers, or reasonably suspects that a false certification or inaccurate, incomplete, or misleading disclosure has been made by a contractor or a subcontractor for any of the certifications or disclosures required unde…