44 Ill. Adm. Code 1120.1002
Conduct and Oversight of Procurements
Section 1120
Section 1120.1002 Conduct
and
Oversight of Procurements
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.