Ill. Admin. Code tit. 44 § 6.100

Current through Register Vol. 48, No. 44, November 1, 2024

Section 6.100 - Small Purchases

a) The following procurements, when they do not exceed $100,000, may be made without notice, competition, or use of any other method of procurement prescribed in the Code or this Part:

1) Construction purchases;

2) Individual purchases for supplies or services from any one source;

3) Professional and artistic services for a nonrenewable term of not more than one year. (See Section 20-20(a) of the Code.)

b) Estimated needs shall not be divided in any manner to avoid the use of an established method of procurement. (See Section 20-20(a) of the Code.)

c) Determination of Small Purchase Status

1) In determining whether a contract is under the small purchase limit, the stated value of the supplies or services, plus any optional supplies and services, determined in good faith, shall be utilized. When the value is calculated month-to-month or in a similar fashion, the amount shall be calculated for a 12-month period.

2) If only a unit price or hourly rate is known, the contract shall be considered small and shall have a not-to-exceed limit applicable to the type of procurement (see subsection (a)).

3) If, after signing the contract, the actual cost of completing the contract is determined to exceed the small purchase amount, and the SPO determines that a supplemental procurement is not economically feasible or practicable because of the immediacy of the agency's needs or other circumstances, the SPO must follow the procedures for sole source or emergency procurement, whichever is applicable, to complete the contract.

d) The CPO may establish policies and procedures regarding the use of the small purchase method of source selection to ensure compliance with policies, including promotion of small business, diversity and transparency.

e) Each April, the CPO will determine the CPI adjustment to the small purchase thresholds applicable to the next fiscal year. If the CPI is greater than zero, the thresholds identified in Section 20-20(a) of the Code will be reduced in the amount that, with the CPI increase, would result in the small purchase thresholds remaining as stated in Section 20-20(a) of the Code. The CPO and the Procurement Policy Board will review the small purchase thresholds to determine if a modification to the thresholds is needed, and will do so within five years starting July 1, 2019. This review may occur sooner at the call of the CPO or the Procurement Policy Board.

f) This Section does not apply to construction-related professional services contracts awarded in accordance with the provisions of the Architectural, Engineering, and Land Surveying Qualifications Based Selection Act.

Ill. Admin. Code tit. 44, § 6.100

Amended at 35 Ill. Reg. 16518, effective September 30, 2011

Amended at 40 Ill. Reg. 6693, effective 4/7/2016

Amended at 44 Ill. Reg. 6222, effective 4/8/2020