Illinois Administrative Code

Section 2600.1120 Protests a) An actual or prospective bidder, offeror, or vendor that may be aggrieved in connection with a procurement may file a written protest with the CPO on any phase of solicitation or award, including but not limited to specifications preparation, bid sol…

Section 2600.1200 General In an effort to make the procurement process more efficient, SBEL 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 authorit…

Section 2600.1205 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. SBEL shall have no obligation to the vendor for payment of orders placed by other joint…

Section 2600.1210 Obligations of Participating Governmental Units If governmental units choose to use contracts established by SBEL or by CMS on behalf of SBEL, they must: a) provide to the CPO a copy of the ordinance or resolution passed by the governing body of the governmental…

Section 2600.1300 Severability If any provision of this Part or any application thereof is held invalid, that invalidity shall not affect other provisions or applications of this Part that can be given effect without the invalid provision or application.

Section 2600.1305 Government Furnished Property If SBEL provides any property to the vendor in furtherance of the contract, that 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 fo…

Section 2600.1310 Inspections a) Inspection of Plant or Site SBEL 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 SBEL pursuant to the terms of a contract; 2) audit the books and …

Section 2600.1315 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 SBEL, shall be maintained: 1) by the agency, for three years, in the procurement file. Th…

Section 2600.1320 Written Determinations a) 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 shall not be delegated. b) Ea…

Section 2600.1325 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 any subcontractor that will be u…

Section 2600.1330 Domestic Products Nothing in this Part shall be construed to contravene the Purchase of Domestic Products Act [30 ILCS 517].

Section 2600.15 Definitions As used in this Part, terms defined in the Illinois Procurement Code shall have those meanings and other terms used are defined in this Section. "Bid" means the response to an Invitation for Bids. "Bidder" means any person who submits a bid. "Brand Nam…

Section 2600.20 Property Rights Receipt of an Invitation for Bids or other procurement document, or submission of any response to an IFB or document, or other offer, confers no right to receive an award or contract, nor does it obligate SBEL in any manner. SUBPART B: PROCUREMENT …

Section 2600.200 Illinois Procurement Bulletin Notice of any procurement action required by the Code to be publicized in the Illinois Procurement Bulletin will be forwarded to CMS for inclusion in the appropriate volume of the Bulletin in accordance with rules promulgated by CMS …

Section 2600.205 Supplemental Notice Publication in the Bulletin may be supplemented by publication elsewhere at the discretion of SBEL.

Section 2600.210 Direct Solicitation In addition to giving notice in the Bulletin, SBEL may directly contact prospective vendors by providing copies of Invitations for Bids, Requests for Proposals, or other procurement information. Direct solicitation may be oral or in writing an…

Section 2600.300 General Provisions a) Any bid or proposal received or modified after the time and date for receipt, and at other than the specified location, is late. The Procurement Officer may, prior to the date or time for submitting or modifying a bid or proposal, extend the…

Section 2600.305 Competitive Sealed Bidding a) The Invitation for Bids must include the following elements: the time and date set for receipt of bids, the address of the office to which bids are to be delivered, the maximum time for bid acceptance by SBEL, the purchase descriptio…

Section 2600.310 Competitive Sealed Proposals a) Competitive Sealed Proposals, as opposed to Competitive Sealed Bidding, 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 …

Section 2600.315 Small Purchases a) This Section is applicable to procurements of $25,000 or less for professional and artistic services or supplies and $30,000 or less for construction. If only a unit price or hourly rate is known, the contract shall be considered a small purcha…

Section 2600.320 Sole Economically Feasible Source Procurement a) 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 meets the definition of a small purchase or a…

Section 2600.325 Emergency Procurements a) The provisions of this Part apply to every procurement over the small purchase limit as defined in Section 2600.315 that is not a sole source procurement as defined in Section 2600.320 made under emergency, including quick purchase, cond…

Section 2600.330 Competitive Selection Procedures for Professional and Artistic Services a) The provisions of this Section apply to every procurement of professional and artistic services, except as otherwise provided in this Part. b) If the professional or artistic contract is w…

Section 2600.335 Other Methods of Source Selection a) 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 split award may b…

Section 2600.340 Tie Bids and Proposals a) This Section is applicable when bids or proposals from responsive and responsible vendors are identical in price or evaluation and represent the low price. b) In case of a tie bid, the procurement will be awarded based on consideration o…

Section 2600.345 Mistakes a) When the Procurement Officer becomes aware that a mistake has been made, he or she shall request the vendor to confirm the information. Situations in which confirmation should be requested include obvious or apparent errors on the face of the document…

Section 2600.350 Cancellation of Solicitations; Rejection of Bids or Proposals a) Any solicitation may be canceled when the Procurement Officer believes cancellation to be in SBEL's best interest. Nothing shall compel the award of a contract. This Section shall govern any such ca…

Section 2600.400 Suppliers a) SBEL may contract with any qualified source of supply not limited to those found to be qualified by CMS pursuant to 44 Ill. Adm. Code 1.2045. b) Special Sources 1) Prior to any equipment procurement, SBEL may consider property available from the Stat…

Section 2600.405 Responsibility a) 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 interests, t…

Section 2600.5 Policy All procurements by the State Board of Elections (SBEL) shall be accomplished in the most economical, expeditious and commercially reasonable manner that is in accordance with statute, this Part and other applicable rules.

Section 2600.500 Security Requirements A Procurement Officer may require that a vendor furnish bid, proposal, or performance security on SBEL contracts. Whenever security is required, the procurement document will clearly indicate the type and amount of security. Security, unless…

Section 2600.600 Types of Contracts a) This Section contains descriptions of types of contracts and limitations as to when they will be utilized by SBEL in its procurements. Types of contracts not mentioned in this Section may also be utilized. b) The cost-plus-a-percentage-of-co…

Section 2600.700 Duration of Contracts − General a) General 1) A multi-term contract for a total term of up to 5 years is authorized when determined by the Procurement Officer to be in the best interest of the State. 2) A software license may have a term longer than 10 years, inc…

Section 2600.800 Prevailing Wage a) For employees working in the areas of public works, printing and janitorial services, 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 wor…

Section 2600.805 Equal Employment Opportunity; Affirmative Action Every party to a public contract and every eligible bidder shall: a) Refrain from unlawful discrimination and discrimination based on citizenship status in employment and undertake affirmative action to assure equa…

Section 2600.900 Procurement Preferences The procurement preferences identified in Article 45 of the Procurement Code shall be considered in developing procurement documents, conducting evaluations and drafting contracts. Subsequent Sections of this Subpart M identify conditions …

Section 2600.905 Sheltered Workshops for the Disabled a) 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 consultation with the State Use…

Section 2600.910 Small Business Set Aside Program a) CMS has determined categories of supplies or service procurements that will be set aside for small business located in Illinois. SBEL will use the list of categories for set-aside currently found at 44 Ill. Adm. Code 1.4545. b)…

Section 2600.920 Contracting with Businesses Owned and Controlled by Minorities, Females and Persons with Disabilities The Business Enterprise Act for Minorities, Females, and Persons with Disabilities [30 ILCS 575] (Act) sets a goal (minimum 12%) for contracting with businesses …

Section 4000.10 General a) The Local Records Commission (the Commission) for agencies comprising counties of less than 3,000,000 inhabitants shall consist of a county board chairperson/president, a mayor/president of a city, village or incorporated town, a county auditor, a State…

Section 4000.20 Definitions Administrative Value – Those aspects of records containing facts concerning an agency's administrative decisions that an agency needs for its immediate day-to‑day function. This value almost always diminishes and is lost over time. Agency – Any court, …

Section 4000.22 Incorporations by Reference a) No incorporation by reference in this Part includes any amendment or edition later than the date specified. b) The following materials are incorporated in this Part: 1) ANSI/AIIM MS23 (2004) – Recommended Practice – Production, Inspe…

Section 4000.30 Procedures for Compiling and Submitting Lists and Schedules of Records for Disposal a) The presiding judge of any court of record or the head of each agency shall submit to the Commission lists or schedules of public records in his or her custody that are not need…

Section 4000.40 Procedures for the Physical Destruction or Other Disposition of Records Proposed for Disposal a) Subject to statutory provisions, agencies may dispose of records authorized for destruction by the Commission. b) All records for which disclosure is prohibited by law…

Section 4000.50 Standards for the Reproduction of Records by Microphotographic and Electronic Microimaging Processes with a View to the Disposal of the Original Records a) Records proposed for microfilming or electronic microimaging with a view to disposal of the original records…

Section 4000.60 Minimum Standards of Quality for Permanent Record Photographic Microcopying Film a) These standards are concerned with both raw stock for permanent record films and with the processed films ready for storage. They are not restricted to microfilm but apply equally …

Section 4000.70 Digital Reproduction a) Analog records may not be destroyed in favor of digital surrogates unless the digital surrogates are produced in compliance with this Section and unless done pursuant to a retention schedule approved by the Commission. Agencies must certify…