Illinois Administrative Code

Section 1500.2005 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 1500.2010 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 1500.2012 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 State, and a second phase in wh…

Section 1500.2015 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 (note that the fo…

Section 1500.2020 Small Purchases a) Application 1) Procurements of $25,000 or less for supplies or services, other than professional and artistic, and $30,000 or less for construction may be made using the method of source selection determined by the Procurement Officer to be mo…

Section 1500.2025 Sole Economically Feasible Source Procurement a) Application The provisions of this Part 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 Section …

Section 1500.2030 Emergency Procurements a) Applications The provisions of this Part apply to every procurement over the small purchase limit set in Section 1500.2020 (Small Purchases) of this Part and that is not a sole source procurement under Section 1500.2025 of this Part mad…

Section 1500.2035 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 subject to the Architectural, Engineering and Land Surveying Qu…

Section 1500.2036 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 1500.2037 Tie Bids and Proposals a) Tie bids or proposals are those from responsive and responsible vendors that are identical in price or evaluation and represent the low price. b) Tie bids or proposals will be treated as follows: 1) If the tied vendors include an Illino…

Section 1500.2038 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 1500.2040 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 State under competitive sealed bidding, competitive sealed proposals, s…

Section 1500.2043 Suppliers a) The OG may contract with any qualified source of supply, but should give preference to Directed Sources, and should consider the following Special Sources. b) Directed Sources − State-Produced Supplies or Services 1) Correctional Industries. The CPO…

Section 1500.2045 Responsibility a) Application Contracts are to be made only with responsible vendors unless no responsible vendor is available to meet the State's needs. If there is doubt about responsibility, and if a bond or other security would adequately protect the State's…

Section 1500.2047 Security Requirements a) A Procurement Officer may require that a vendor furnish bid, proposal, or performance security on OG contracts. Whenever security is required, except as provided herein, the procurement document will clearly indicate the type and amount …

Section 1500.2050 Specifications a) The OG may use specifications or qualified products lists established or used by CMS. b) Brand Name or Equal Specification 1) Brand name or equal specifications may be used when the Procurement Officer determines in writing that: A) no specific…

Section 1500.2055 Types of Contracts a) Scope This Section contains descriptions of types of contracts and limitations as to when they should be utilized by the State in its procurements. Types of contracts not mentioned in this Section may also be utilized. b) Prohibition of Cos…

Section 1500.2060 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 Procurement Officer to be in the best interest of the State. 2) The length of the payment term of bonds issued by or on behalf o…

Section 1500.25 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 1500.2560 Prevailing Wage a) For the following classifications and if competition exists, no bidder will be awarded a contract unless its employees are paid wages and benefits and are working under conditions prevalent in the location where the work is to be performed. 1)…

Section 1500.2570 Equal Employment Opportunity; Affirmative Action a) Public Contracts. 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…

Section 1500.2800 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: PREFERENCES

Section 1500.4505 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 Invitation for Bids, Request…

Section 1500.4510 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 1500.4530 Correctional Industries a) The CPO shall consult a listing, maintained by CMS, of supplies or services available from the Department of Corrections. b) Procurement Officers are authorized to procure from Corrections without seeking competition or giving public n…

Section 1500.4535 Sheltered Workshops for the Disabled a) Use of Sheltered Workshop The Procurement Officer may determine to contract with a sheltered workshop on the list maintained by CMS, and may do so without notice or competition. b) Conditions for Use The CPO shall, in cons…

Section 1500.4540 Small Business a) Set-Aside The CPO may determine categories of supplies or service procurements that will be set aside for small business located in Illinois. The set-aside designation may be made for current and future procurements of a specific supply, servic…

Section 1500.4570 Contracting with Businesses Owned and Controlled by Minorities, Females and Persons with Disabilities a) Introduction The Business Enterprise Act for Minorities, Females, and Persons with Disabilities [30 ILCS 575] (Act) sets a goal (minimum 12%) for contracting…

Section 1500.5013 Conflicts of Interest a) This Section does not apply to those elected to local government, including school districts, nor does it apply to those elected to federal offices in this State. This Section does apply to those elected to an office of Illinois State go…

Section 1500.5015 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 1500.5020 Exemptions If the Procurement Officer finds a conflict of interest under Section 50-13 of the Code with the vendor selected for award or contract negotiations, the Procurement Officer, if other than the CPO, shall forward to the CPO the name of the vendor and a …

Section 1500.5030 Revolving Door Effective January 15, 1999, the CPO shall identify in writing the designees whose jobs, or whose position descriptions, are at least 51% directly related to State Procurement. The following activities are directly related to State Procurement: dra…

Section 1500.5035 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 Invitation for Bids or Request for Proposals …

Section 1500.525 Rules Procurement under the jurisdiction of the OG shall be conducted substantially in accordance with the Code and in accordance with this Part except as provided in this Section. The OG may, in the same manner as State agencies under the jurisdiction of the CPO…

Section 1500.5510 Complaints Against Vendors a) The purpose of this Section is to document performance of vendors. b) Whenever a vendor fails to meet contract requirements, including but not limited to failure to deliver on time or meet specifications, the OG shall take appropria…

Section 1500.5520 Suspension The OG may recommend to CMS that a vendor be suspended from doing business with the State, with one or more agencies, or for specific types of supplies or services. Suspensions will be governed by 1 Ill. Adm. Code 1.5510 through 1.5550.

Section 1500.5530 Resolution of Contract Controversies a) Authority to Resolve Controversies The Procurement Officer shall have authority to resolve controversies. b) Authority of the OG The OG has the authority to accept delivery of supplies or services in accordance with contra…

Section 1500.5540 Violation of Statute or Rule a) Determination that Solicitation or Award Violates Law If the Purchasing Officer finds that the solicitation or proposed award is in violation of statute or rule, the Purchasing Officer may cancel the solicitation or proposed award…

Section 1500.5550 Protests a) Protest Resolution by the Procurement Officer An actual or prospective bidder, offeror, or vendor 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 1500.6500 General In an effort to make the procurement process more efficient, OG and other governmental units (including not-for-profit entities authorized by law to participate in joint purchasing) may agree to utilize each others' procurement contracts. This authority …

Section 1500.6510 No Agency Relationship In any joint procurement situation, the other governmental unit must issue its own purchase order, accept its own deliveries and make its own payments. The State of Illinois shall have no obligation to the vendor for payment of orders plac…

Section 1500.6520 Obligations of Participating Governmental Units If governmental units determine to use contracts established by the OG or by CMS on behalf of the OG, they must: a) provide to the CPO a copy of the ordinance or resolution passed by the governing body of the gover…

Section 1500.7000 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 1500.7010 Government Furnished Property If the OG 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 1500.7015 Inspections a) Inspection of Plant or Site The OG may enter, or authorize CMS to enter, a vendor'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 boo…

Section 1500.7020 Records and Audits a) Retention of Books and Records Books and records that relate to performance of a contract, including subcontracts, and that support amounts charged to the OG, shall be maintained: 1) by a vendor, for three years from the date of final payme…

Section 1500.7025 Written Determinations a) Preparation and Execution When the 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 the determination sha…