Current through Register Vol. 48, No. 38, September 20, 2024
a) Articles 1, 15,
20, 25, 35, 40, 45, 50, and 53 of the Illinois Procurement Code [30 ILCS 500 ]
(the Code) will be referenced herein as though applicable to the OLG, and all
procurements of goods or services conducted by the OLG or by CMS on behalf of
the OLG shall be substantially in accordance with those provisions of the Code,
except to the extent otherwise provided in this Part.
b) For the purposes of the Code and this
Part, any reference to Chief Procurement Officer (CPO) means the Lt. Governor
or his designee except that for the purpose of issuing State debt, the Director
of the Bureau of the Budget shall be the CPO. The Lt. Governor may appoint one
or more designees.
c) The Code and
this Part apply to those procurements for which the vendors were first
solicited on or after July 1, 1998.
d) Procurements for which vendors were first
solicited on or before June 30, 1998, shall be conducted pursuant to legal
requirements in effect at the time of the solicitation. The terms and
conditions and the rights and obligations under contracts resulting from such
procurements shall not be impaired.
e) A solicitation occurs on or before June
30, 1998, as follows:
1) When advertising was
required in the Official State Newspaper, the first advertisement must run no
later than June 30, 1998.
2) When
advertising was not required:
A) if the
procurement was advertised, even though advertising was not required, the first
advertisement must have run no later than June 30, 1998;
B) if the procurement was by direct
solicitation by mail, the solicitation must have been postmarked or placed in
the control of a private carrier no later than June 30, 1998;
C) if the procurement was by direct
solicitation by fax, the fax must show a transmission date no later than June
30, 1998;
D) if the procurement was
solicited in-person or by telephone, the solicitation must have occurred no
later than June 30, 1998, and the State officer or employee who made the
solicitation must state in writing when the procurement was discussed and must
name the party with whom the discussion took place.
3) In all circumstances, the solicitations
must be for the procurement of particular needs. A general discussion to
determine if there is any interest on the part of a State agency in the
supplies or services of a vendor or vendors, or on the part of a vendor or
vendors in providing the supplies or services, is not considered a
solicitation.
f) The
Code and this Part do not apply to:
1)
contracts between the State and its political subdivisions or other
governments, or between State governmental bodies except as specifically
provided in the Code. (For purposes of this subsection (f)(1), "governmental
bodies" includes the State universities and their governing boards, community
colleges and their governing boards and school districts. This provision
applies to contracts between governmental entities; it does not allow State
agencies to utilize contracts established by other governmental
entities);
2) grants;
3) hiring of an individual as employee and
not as an independent contractor, whether pursuant to an employment code or
policy or by contract directly with that individual;
4) collective bargaining contracts;
5) purchase of real estate; or
6) contracts necessary to prepare for
anticipated litigation, enforcement actions, or investigations,provided that
the chief legal counsel to the Lt. Governor shall give his or her prior
approval [30 ILCS 500/1-10] .
Anticipated litigation is that which the OLG may prosecute or defend before a
court or administrative body and actions necessary to prepare for and conduct
the effective legal prosecution or defense of litigation, including, but not
limited to, contracting for expert witnesses.
