Ill. Admin. Code tit. 44 § 8.1005

Current through Register Vol. 48, No. 45, November 8, 2024

Section 8.1005 - Procurement Authority

a) The Chief Procurement Officers appointed by the Executive Ethics Commission will exercise the procurement authority created by the Code for the benefit of the State of Illinois and the State agencies under the jurisdiction of each CPO.

b) The authority extends to all aspects of the procurement process, including, but not limited to, pre-solicitation activities, solicitation preparation, source selection, evaluation, award, contracts, contract amendments and records.

c) Any reference in the Code or this Part directing or authorizing a State agency to take procurement action is subject to the general procurement authority of the CPO and SPO as set forth in the Code and this Part.

d) The CPO exercises procurement authority directly or through one or more SPOs or temporary acting SPOs, designees, and CDB staff assigned to the procurement function. Those assigned to assist shall recognize the role and authority of the CPO. The CPO may reserve certain procurement activities to the CPO and reserves the right to review and modify or overturn any action of an SPO or any other designee.

e) An SPO will exercise procurement authority in accordance with direction and limitations established by the CPO. The SPO will act primarily to review, authorize and approve State agency procurement. The CPO and SPO will determine and identify, in writing, procurement activities that must be conducted by the CPO or SPO. Other procurement activities not so identified will be conducted by the CDB staff with CPO/SPO oversight.

f) CDB shall determine and provide an appropriate number of qualified staff and related resources to assist the SPO in meeting the procurement needs of the CDB. CDB staff, while acting to assist the SPO, remain CDB employees.

g) CDB is responsible for assisting User Agencies in determining need for a procurement and, upon direction or request, to provide a rationale to the CPO or SPO for the proposed transaction or activity before the procurement may commence. Additional justification may be required by the CPO or SPO at later stages of the procurement process. The CPO or SPO may require that the justification include a statement that the proposed activity or transaction meets legal requirements and State agency policies and is in the best interest of the State of Illinois and the State agency. If, at the culmination of any of the procurement processes covered by this Part, CDB determines to proceed with the execution of a contract, CDB shall have authority to fully execute and file the contract for payment if, and only if, a Procurement Officer has given prior, written approval of the contract. The Procurement Officer's approval may be indicated by signature on the contract itself or by signature on a separate form affixed to the contract.

h) CDB staff are responsible:

1) For ensuring that all procurement activities, including those submitted to the SPO or CPO-GS for review, authorization or approval are in accordance with the Code, this Part, other applicable laws and rules, the internal policies of the State, the internal policies of the State agency; and

2) For obtaining all State and State agency approvals applicable to the particular stage of the procurement process.

i) The CPO has the authority to approve or reject contracts for a State agency. In addition to this authority the CPO may direct an SPO to approve or reject contracts for CDB, authorize an SPO to further authorize CDB to enter into contracts, or authorize CDB to enter into contracts. The head of CDB has the authority to sign and enter into a contract once a SPO provides written approval of the contract. The CPO shall determine in writing which contracts, if any, must be signed by the CPO. The CPO shall determine in writing which contracts may be signed by an SPO or CDB. These signature authorities may be modified or revoked at any time by the CPO or SPO, when appropriate.

1) Any written determination regarding signature authorization shall be maintained by the CPO and distributed to the SPO, CDB head, agency purchasing director and the State Comptroller.

2) If the CPO or SPO signs a contract, the State agency must also sign in order for the contract to be legally binding on the agency.

3) If the CPO and SPO do sign or approve a contract, in no event shall the CPO or SPO assume any responsibility or obligation under the contract, financial or otherwise, to any party or person.

j) Procurement Compliance Monitors (PCMs)

1) PCMs have roles and responsibilities established in Section 10-15 of the Code. This includes monitoring procurement activities of CDB, having access to records and systems, and attending any procurement meeting, including procurement activities conducted in accordance with the QBS Act and the DB Act.

2) CDB shall recognize these statutory roles and shall cooperate with PCMs in the conduct of their actions. Cooperation includes the giving of prior notice of, and access to, procurement meetings, when reasonable, and access to all procurement related records in whatever format they may exist, including documents, databases and systems. Failure to cooperate and resolve issues may be reported to the CDB Executive Director and, in certain cases, may require reporting to the Office of the Executive Inspector General for the agencies of the Illinois Governor.

3) Failure to cooperate with the PCM may also be reported to the chairman of the Board and Executive Director of CDB and in certain cases may require reporting to the Office of the Executive Inspector General or other authority.

4) Should a PCM request review of a contract before final execution, CDB shall not execute the contract until approved by the SPO after consultation with the PCM and CDB.

Ill. Admin. Code tit. 44, § 8.1005

Adopted at 38 Ill. Reg. 10903, effective 5/7/2014.