Current through Register Vol. 48, No. 38, September 20, 2024
a) Chief Procurement Officer
1) The Comptroller shall appoint a Chief
Procurement Officer (CPO) for purposes of the Code and this Part.
2) The CPO may conduct any or all
procurements on behalf of the IOC.
3) The CPO shall:
A) have at least 5 or more years of
experience in state or corporate budgeting activities, or shall be a certified
professional public buyer or certified public purchasing officer; and
B) be a resident of the State of Illinois;
and
C) serve in his or her capacity
as CPO for a term not to exceed 5 years from the date of appointment;
and
D) owe a fiduciary duty to the
State; and
E) perform duties as
required by law.
4) The
CPO is responsible for signing all written award determination letters stating
the reasoning for any contract award decision.
5) The CPO may designate one or more
Procurement Officers to conduct procurements on behalf of the CPO in accordance
with conditions specified in the terms of the CPO's appointment and this
Part.
b) Procurement
Compliance Monitor. The IOC Ethics Officer, appointed pursuant to the State
Officials and Employees Ethics Act [15 ILCS 430 ], or his/her designee, shall
serve as the Procurement Compliance Monitor. If a designee is appointed to
serve as the monitor, that designee shall be classified as a Senior Public
Service Administrator or above and, upon attaining certified status, shall have
the employment protections afforded by that status. It shall be the duty of the
monitor to oversee and review the procurement processes. The monitor shall have
direct communication with the Comptroller. The monitor shall:
1) have the right to review all contracts,
attend any procurement meetings, and access reports and files;
2) issue reports to the CPO regarding
outstanding procurement problems;
3) ensure transparency and compliance with
procurement laws;
4) report
findings of waste to IOC departments. If the department does not correct
circumstances causing the waste, the monitor shall report to the CPO and the
Inspector General; and
5) perform
other duties as required by law.
c) Procurement Policy Board. The Comptroller
shall appoint an Office of the Comptroller Procurement Policy Board (IOC PPB).
The IOC PPB shall consist of 3 members who are employees of the Comptroller. In
making appointments to the IOC PPB, the Comptroller shall consider an
individual's knowledge and experience in State government procurements and
operations. The members shall receive no additional compensation for serving on
the IOC PPB other than reimbursement for expenses. Except as provided in
subsection (d), the IOC PPB shall:
1) meet a
minimum of three times annually and be contacted in writing prior to the
publication of any RFI exceeding $100,000;
2) be authorized to review, comment upon, and
recommend rules and practices governing the procurement, management, control
and disposal of supplies, services, professional or artistic services,
construction and capital improvements procured by IOC;
3) be authorized to review any proposal, bid
or contract, and may issue recommendations regarding procurement
matters;
4) be notified by the CPO
if a conflict of interest is identified, discovered or reasonably suspected to
exist. In the event of a notification, the IOC PPB is to recommend action and
give its recommendations to the CPO and Comptroller. The IOC PPB's
recommendation shall be published in the next available issue of the
Bulletin;
5) report to the
Inspector General whenever the PPB has cause to believe there has been a
violation of the Procurement Code; and
6) perform other duties as required by
law.
d) Chief Internal
Auditor. The Comptroller shall appoint a chief internal auditor. The auditor
must have a Bachelor's degree, and must be either a certified internal auditor,
a certified public accountant with at least 4 years of auditing experience, or
an auditor with 5 years of experience. The chief internal auditor shall report
directly to the Comptroller. Subject to the approval of the Comptroller, and
consistent with the Fiscal Control and Internal Auditing Act [30 ILCS 10 ], the
chief internal auditor shall:
1) direct the
internal audit functions and activities;
2) prepare audit reports and assess program
goals;
3) be responsible for the
preparation of an annual audit plan for submission to and subject to the
approval of the Comptroller; and
4)
perform other duties as required by law.
