Illinois Administrative Code

Section 1300.5520 Suspension a) Application This Section applies to all debarments or suspensions of vendors or subcontractors from consideration for award of contracts. b) The CPO may suspend a vendor or subcontractor from doing business with the OAG, or for specific types of su…

Section 1300.5530 Settlement and Resolution of Contract and Breach of Contract Controversies a) Authority to Settle or Resolve Controversies The Procurement Officer who established the contract shall have authority to settle and resolve controversies but the Attorney General may …

Section 1300.5540 Violation of Law or Rule a) Determination that Solicitation or Award Violates Law If the CPO finds that the solicitation or proposed award is in violation of statute or this Part, the CPO may cancel the solicitation or proposed award, or make modifications to co…

Section 1300.5550 Protests a) Protest Resolution by Procurement Officer An actual or prospective bidder, offeror, or contractor that may be aggrieved in connection with a procurement may file a protest on any phase of solicitation or award, including but not limited to specificat…

Section 1300.5555 Hearings and Decisions a) The CPO shall conduct public hearings prior to awarding contracts for sole source procurements pursuant to Section 1300.2025 and before extending emergency procurements pursuant to Section 1300.2030. b) Notices of hearings shall be publ…

Section 1300.6010 Supply Management and Dispositions a) Inventory Management Supplies shall be ordered so as to maintain the minimum inventory commensurate with ability to meet agency needs. In no event shall more than a 12-month supply be maintained in inventory. This 12-month i…

Section 1300.6500 General In an effort to make the procurement process more efficient, the State and other governmental units may agree to utilize each other's procurement contracts. Agreements between State agencies with procurement authority and other governmental units with ta…

Section 1300.6510 OAG Use of Other Contracts The OAG may utilize procurement contracts established by other authorized State agencies or units of government: a) if the contract: 1) was established by sealed bid or sealed proposal; or 2) is not required by the Illinois Procurement…

Section 1300.6520 No Agency Relationship In any joint procurement situation, the agency establishing the contract does not become the procurement agency for the other. The ordering unit must issue its own purchase order, accept its own deliveries and make its own payments. SUBPAR…

Section 1300.7000 Severability If any provision of this Part or any application thereof is held invalid, such invalidity shall not affect other provisions or applications of this Part that can be given effect without such invalid provision or application.

Section 1300.7010 Government Furnished Property If the OAG provides any property to the vendor in furtherance of the contract, such 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 1300.7015 Inspections a) Inspection of Plant or Site The OAG may enter a contractor's or subcontractor's plant or place of business to: 1) inspect supplies or services for acceptance by the State pursuant to the terms of a contract; 2) audit the books and records of any c…

Section 1300.7020 Records and Audits a) Retention of Books and Records Books and records that relate to performance of an OAG contract, including subcontracts, and that support amounts charged to the OAG shall be maintained: 1) by a contractor, for three years from the date of fi…

Section 1300.7025 Written Determinations a) Preparation and Execution Where the Illinois Procurement Code or this Part requires a written determination, the officer required to prepare the determination may delegate its preparation, but the responsibility for and the execution of…

Section 1300.7030 No Waiver of Sovereign Immunity Nothing in this Part shall be deemed to be a waiver of sovereign immunity.

Section 1400.1005 Chief Procurement Officer The Chief Procurement Officer shall ensure that all procurements of the Treasurer's office are in accordance with this Part and in the best interest of the State. The Chief Procurement Officer is responsible for the activities of the Pu…

Section 1400.1010 Purchasing Officer a) The Chief Procurement Officer, subject to the approval of the Treasurer, may appoint one or more employees under his or her direction and supervision to serve as Purchasing Officers. b) Before making an appointment, the Chief Procurement Of…

Section 1400.1015 Small Business Specialist a) The Chief Procurement Officer, subject to the approval of the Treasurer, may designate an employee of the Treasurer's office with experience negotiating contracts to serve as the Small Business Specialist. b) Before making the design…

Section 1400.1505 Publication a) Electronic Publication Every solicitation for bids, proposals, requests for information, or responses required under this Part must be published on the Treasurer's Web Site at least 14 calendar days before the date set in the solicitation for the …

Section 1400.1510 Solicitation In addition to publishing solicitation notices electronically and in a paper format, the Treasurer's office may directly contact prospective vendors. Direct solicitation may be oral or in writing, but care must be taken to ensure that all vendors re…

Section 1400.1515 Documentation a) Minutes Minutes of all meetings of the Procurement Review Board will be created and made available for inspection and copying. b) Procurement File All official procurement records, notices, contracts, written determinations, minutes, forms, and …

Section 1400.2005 Competitive Sealed Bidding a) Application Competitive sealed bidding is the required method of source selection except as allowed by this Part. The provisions of this Section apply to every procurement required to be conducted by competitive sealed bidding. b) T…

Section 1400.2010 Multi-Step Sealed Bidding When it is considered impracticable to initially prepare a definitive purchase description to support an award based on price, an IFB may be issued requesting the submission of unpriced offers to be followed by an IFB limited to those b…

Section 1400.2015 Competitive Sealed Proposals a) Supplies and services may be procured through the competitive sealed proposal method of source selection, on a case-by-case basis, when it is determined by the Chief Procurement Officer that competitive sealed bidding is either no…

Section 1400.2020 Small Purchases a) Application Any individual procurement of supplies or services that does not exceed $100,000 may, at the discretion of the Chief Procurement Officer, be made without notice, competition, publication, or use of any prescribed method of source s…

Section 1400.2025 Sole Source Procurements a) Application The provisions of this Section apply to procurement from a sole economically feasible source (referred to as sole source) that is above the limit for small purchases in Section 1400.2020 and does not qualify as an emergenc…

Section 1400.2030 Emergency Procurements a) Applications The provisions of this Part apply to every procurement over the small purchase limit set in Section 1400.2020 made under emergency conditions. The Chief Procurement Officer shall have the authority to make emergency procure…

Section 1400.2035 Procurement of Professional and Artistic Services a) The provisions of this Section apply to the procurement of professional and artistic services with the exception of the following: 1) sole source procurements; 2) emergency procurements; 3) any procurement of …

Section 1400.2040 Procurement of Real Property Leases a) Applicability This Section applies to all leases for real property, including office and storage space, buildings and other facilities for the Treasurer's office, with the exception of the following: 1) property of less tha…

Section 1400.2045 Other Methods of Source Selection a) State and Federal Warehouses Prior to any equipment procurement, the Treasurer's office should consider property available from the State and Federal Surplus Warehouses that are under the jurisdiction of CMS. b) State Agencie…

Section 1400.2505 General Provisions a) Late Bids, Proposals, Responses, Withdrawals and Modifications 1) Definition. Any bid, proposal or response received after the time, date and place set for receipt is late. Any withdrawal or modification of a bid, proposal or response recei…

Section 1400.2510 Tie Bids and Proposals a) Tie bids and proposals are those from responsive and responsible vendors that are identical in price or terms of the proposal. b) Tie bids and proposals are treated as follows: 1) If the tied vendors include an Illinois resident vendor …

Section 1400.2515 Correction or Withdrawal of Proposals a) General Corrections to bids, proposals or responses are allowed, but only to the extent correction is not prejudicial to the interest of the State or fair competition as determined by the Chief Procurement Officer. Withdr…

Section 1400.2520 Cancellation of Solicitations and Rejection of Offers a) Policy Any solicitation may be cancelled without penalty, and any or all bids, proposals or responses may be rejected in whole or in part, when the Chief Procurement Officer determines in writing that canc…

Section 1400.2525 Multiple Awards a) Policy When determined by the Chief Procurement Officer to be in the best interest of the State, the Treasurer's office may make multiple awards under any solicitation. b) Specific Goods and Services Following Multiple Awards Subject to this s…

Section 1400.3005 Specifications a) The Chief Procurement Officer shall write or authorize the writing of all specifications. b) Specifications Prepared by Other Than State Personnel 1) Specifications may be prepared by other than Treasurer's office personnel, including, but not …

Section 1400.3010 Security Requirements a) The Chief Procurement Officer may require that a vendor furnish bid, proposal, or performance security on any contract. b) Security, unless otherwise specified, may be in the form of cashier's check, certified check, money order, irrevoc…

Section 1400.3505 Types of Contracts a) General The Chief Legal Counsel shall determine the general form of all contracts. Subject to the limitations of this Section, the Chief Legal Counsel may use any type of contract that promotes the best interest of the State. b) Prohibition…

Section 1400.3510 Duration of Contracts a) General 1) A multi-year contract for a term up to 10 years is authorized when it is in the best interest of the State. 2) A license agreement or other agreement may have a term longer than 10 years, including a perpetual term, provided t…

Section 1400.3515 Contract Pricing Unless otherwise allowed by the solicitation, prices quoted will be all-inclusive covering transportation, transit insurance, delivery, installation, taxes, and any other costs.

Section 1400.3520 Contract Provisions a) Mandatory Provisions The following provisions are required for all contracts entered into by the Treasurer's office, in addition to the requirements of State and federal law and the regulations of the Office of the Comptroller: 1) Subcontr…

Section 1400.3525 Prevailing Wage Requirements a) Applicability All services, as defined in subsection (b), furnished under service contracts of $2,000 or more or $200 or more per month and under printing contracts are subject to the following prevailing wage requirements: 1) Not…

Section 1400.4005 Disputes and Protests Regarding Solicitations and Awards a) Procedures Any person may submit a written 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. An…

Section 1400.4010 Contract Controversies Contract controversies must be promptly referred to the Chief Procurement Officer for resolution. If the Chief Procurement Officer is unable to resolve the controversy, the controversy will be referred to the Chief Legal Counsel who will a…

Section 1400.4015 Remedies a) In all of the following cases the Chief Procurement Officer may, with the approval of the Treasurer and subject to the determination of the Chief Legal Counsel under subsection (b), terminate or rescind any contract entered into under this Part in th…

Section 1400.4020 Suspension a) This Section applies to all suspensions of vendors from consideration for award of contracts. b) The Chief Procurement Officer may suspend a vendor from doing business with the Treasurer's office for all or specific types of supplies or services. A…

Section 1400.4505 Procurement Preferences The procurement preferences identified in this Subpart must be considered in developing procurement documents, conducting evaluations and drafting contracts Any preferences applicable to an individual procurement will be stated in the sol…