44 Ill. Adm. Code 1400.520
Definition of Terms
Section 1400
Section 1400.520 Definition
of Terms
Each term listed in this Section
has the meaning below unless its use clearly requires a different meaning.
Terms may be defined in particular Sections for use in those Sections.
"Award"
– The determination that a particular vendor has been selected from among other
potential vendors to enter into negotiations for the purpose of finalizing a
contract.
"Bid"
− A response to an Invitation for Bids.
"Bidder"
− The person or entity submitting a bid.
"Brand
Name or Equal Specification" − A specification that uses one or more
manufacturer's names or catalogue numbers to describe the standard of quality,
performance, and other characteristics needed to meet Treasurer's office
requirements, and that allows the submission of equivalent products.
"Brand
Name Specification" − A specification limited to one or more items
by manufacturer's names or catalogue numbers.
"Code"
means the Illinois Procurement Code [30 ILCS 500].
"Chief
Legal Counsel" − An attorney for the Treasurer's office who reports
directly to the Chief of Staff and is primarily responsible for the legal
functioning of the Treasurer's office.
"Chief of
Staff" − The Chief of Staff for the Treasurer's office.
"Chief
Procurement Officer" − The employee of the Treasurer's office who is
appointed by the Treasurer to be primarily responsible for the procurement of
all goods and services by the Treasurer's office.
"Contract"
−
All types of State agreements, regardless of what they may be called
:
for the
procurement, use or disposal of supplies, services, professional or artistic
services, or construction; or for leases of real property when the State is the
lessee; or
for
capital improvements; and
including
renewals, master contracts, contracts for financing through use of installment
or lease-purchase arrangements, renegotiated contracts, amendments to
contracts, and change orders.
[30 ILCS 500/1-15.30]
The term
contract, as used in this Part, does not include: supplies or services the terms
governing which are established by tariff of the Illinois Commerce Commission
or the Federal Communications Commission and for which there is no authorized
competition, bonds, or contracts related to bonds issued by or on behalf of a
State agency when the contractor or vendor is neither selected nor paid by the Treasurer's
office.
"Contract
Award" − Except as otherwise defined in this Part for specific
categories of procurements, the day that a Notice of Award is posted on the Treasurer's
website, confirming that a particular vendor has been selected from among other
potential vendors to receive a contract, subject to the successful completion
of final negotiations.
"Contractor"
or "Vendor" − The terms contractor and vendor are used interchangeably
for purposes of this Part. When appropriate, the term "vendor" shall
also include subcontractors.
"Day"
− Calendar day as opposed to business day. In computing any period of
time, the day of the event from which the designated period of time begins to
run is not included, but the last day of the period is included unless it is a
Saturday, Sunday, or a State holiday, in which event the period runs to the end
of the next business day.
"Deputy
Treasurer" – An individual with the title Deputy Treasurer, appointed by
the Treasurer, who reports directly to the Treasurer.
"Emergency
Statement" – The statement filed setting forth the actual or estimated
amount expended, the name of the contractor involved, and the conditions and
circumstances requiring the emergency procurement.
"Invitation
for Bids" or "IFB" − A document prepared and distributed
by the Treasurer's office soliciting bids for the provision of goods or
services to the Treasurer's office.
"Multiple
Award"
−
A
n award that is made to 2 or more bidders or
offerors for similar supplies, services, or construction-related services.
[30
ILCS 500/1-15.48]
"Offer"
− A bid, proposal, or response solicited by the Treasurer's office.
"Offeror"
− The person or entity submitting a bid, proposal or response solicited
by the Treasurer's office.
"Procurement
Review Board" − A board composed of the Chief of Staff, the Chief
Legal Counsel, and the Deputy Treasurer for the Treasurer's office. Where one
of the above positions is vacant, designees may be appointed by the following:
Chief of
Staff,
Deputy
Treasurer, if the Chief of Staff position is vacant, or
Chief Legal
Counsel, if both Deputy Treasurer and Chief of Staff positions are vacant.
"Professional
and Artistic Services" − Those services provided under contract to
the Treasurer's office
by a person or business, acting as an independent
contractor, qualified by education, experience, and technical ability
. [30
ILCS 500/1-15.60]
"Proposal"
− A response to a Request for Proposals.
"Proposer"
− The person or entity submitting a proposal.
"Purchasing
Officer" − One or more employees of the Treasurer's office that
serve at the direction of the Chief Procurement Officer and are responsible for
coordinating the procurement activity of the Treasurer's office.
"Request
for Information" or "RFI" − The process of requesting
information from interested parties to aid the Treasurer's office in decision making.
This type of RFI is not a procurement method and will not result in a
participant receiving a contract.
"Request
for Information for Real Property" or "RFI-Real Property Leases"
− The process of seeking proposals for leases of real property or capital
improvements.
"Request
for Proposals" or "RFP" −
The process by which
the
Treasurer's office
requests information from offerors, including all
documents, whether attached or incorporated by reference, used for soliciting
proposals
for the provision of goods or services to the Treasurer's office.
[30 ILCS 500/1-15.75]
"Respondent"
− The person or entity submitting a response to a Request for Information
or a Request for Proposals from the Treasurer's office.
"Response"
− A response to a Request for Information.
"Responsible
Bidder, Proposer or Respondent" − A person or entity that is capable
in all respects of performing fully the contract requirements and has the
integrity and reliability that will assure good faith performance.
"Responsive
Bidder" − A person or entity that has submitted a bid conforming in
all material respects to an Invitation for Bids or Request for Proposal.
"Small
Business Specialist" − An employee of the Treasurer's office who is
responsible for assisting small businesses in submitting offers to the
Treasurer's office for the provision of goods and services.
"Solicitation"
− An Invitation for Bids, Request for Proposals or Request for Information.
"Solicitation
Date" − The date that bids or proposals are solicited for the
provision of goods or services to the Treasurer's office by communicating the
solicitation orally, depositing the solicitation in the U.S. Mail or posting
the solicitation electronically, whichever occurs first.
"Specification"
−
Any description of the physical, functional or performance
characteristics or of the nature of a supply, a service,
or construction
items. A specification includes, as appropriate, requirements for inspecting,
testing, or preparing a supply, a service, or construction item for delivery.
[30 ILCS 500/1-15.95]
"Subcontract"
means a contract between a person and a person who has a contract subject to
this
Part
, pursuant to which the subcontractor provides to the
contractor, or, if the contract price exceeds
the small purchase maximum
then in effect pursuant to Section 1400.2020(a)
, another subcontractor, some
or all of the goods, services, real property, remuneration, or other monetary
forms of consideration that are the subject of the primary contract and
includes, among other things, subleases from a lessee of a State agency. For
purposes of this
Part
, a "subcontract" does not include
purchases of goods or supplies that are incidental to the performance of a
contract by a person who has a contract subject to
the
Code.
[30
ILCS 500/1-15.107]
"Subcontractor"
means a person or entity that enters into a contractual agreement with a
total value that exceeds
the small purchase maximum
then in effect
pursuant to Section 1400.2020(a)
with a person or entity who has a contract
subject to this
Part
pursuant to which the person or entity provides
some or all of the goods, services, real property, remuneration, or other
monetary forms of consideration that are the subject of the primary State
contract, including subleases from a lessee of a State contract. For purposes
of this
Part
, a person or entity is not a "subcontractor" if
that person only provides goods or supplies that are incidental to the
performance of a contract by a person who has a contract subject to this
Part
.
[30 ILCS 500/1-15.108]
"Treasurer's
Web Site" − The Web Site of the Office of the Illinois State
Treasurer at www.illinoistreasurer.gov or successor.