80 Ill. Adm. Code 1600.130
Procurement
Section 1600.130Â Procurement
a)        Introduction. It is the policy of SURS to obtain goods and
services in the most economical manner in order to guarantee the efficient
utilization of SURS resources. Resources of SURS shall be committed only with
proper approval, as detailed in this Section.
b)        Purchase Orders. Employees requesting goods or services that
cost more than $500 and that are not part of a formal written contract shall
complete a SURS purchase order form and receive written approval from the
person designated by the Executive Director as the Procurement Officer prior to
placing the order. Purchases of less than $500 do not require a purchase
order, but must be within the authority of the employee to purchase.
c)        Contract Policy. It is the policy of SURS to standardize the form
and content of its contracts with public and private bodies in order to ensure
compliance with applicable State law, to ensure fairness to all parties, and to
maximize uniformity of language.
1)        Standard Addendum. In order to simplify the contracting
process, SURS has developed a standard contract addendum that includes
certifications considered advisable or required by State law. The standard
addendum shall be completed and attached to (or incorporated within) all
contracts and purchase orders entered into by SURS, but shall not be required
for purchase orders of $25,000 or less. Any variation from the terms of the
standard addendum shall be approved by SURS' General Counsel. The standard
addendum may be revised by the General Counsel from time to time.
2)Â Â Â Â Â Â Â Â Written Contracts
A)       Execution Requirements. All expenditures in excess of $25,000
that are not otherwise covered by any exemption stated in this Section shall
require a written contract reviewed and approved by legal counsel to SURS. Contracts
in any amount shall be executed by the Executive Director or his or her
designee, unless executed by the President of the Board. No goods or services
may be acquired, nor work commenced (unless the vendor specifically assumes the
risk of non-payment in the event no contract is entered into), prior to the
execution of a contract as provided in this Section. A copy of each contract
shall be retained by the Chief Financial Officer.
B)Â Â Â Â Â Â Â Signature Requirements
i)Â Â Â Â Â Â Â Â Â Except as provided in subsection (c)(2)(B)(ii), contracts in
excess of $250,000 require the signatures of the Executive Director, the Chief
Financial Officer and the General Counsel.
ii)Â Â Â Â Â Â Â Â In addition to the requirements of subsection (c)(2)(B)(i),
all contracts with persons who are fiduciaries with respect to any investments
of SURS shall also be signed by the President of the Board, or his or her
designee, except that the Executive Director's signature is sufficient with
respect to investment management agreements or other contracts with
Board-approved investment service providers and contract amendments with
existing Board-approved investment service providers. The Executive Director
shall provide a report of such execution, with a description of any contract or
amendment executed, to the Investment Committee of the Board at the next
regularly scheduled meeting.
d)        Documentation and Bidding – Expenditures in Excess of $50,000
1)Â Â Â Â Â Â Â Â Employees shall seek to obtain the best value for SURS.Â
Efforts to obtain the best value for SURS shall be documented where possible
and retained by SURS. Expenditures in excess of$50,000 require bids from at
least three different sources, unless otherwise provided in this Section. Sole
source procurements, or other procurements with fewer than three bids, for
expenditures in excess of $50,000 shall be justified and documented. If two or
more identical bids are received, if an attempt to bribe an employee is made,
or other irregularities are discovered by a SURS employee, the General Counsel
and the Internal Auditor shall be notified.
2)Â Â Â Â Â Â Â Â All procurements in excess of $50,000, unless otherwise
provided in this Section, shall be advertised in the official State newspaper,
in the Illinois Procurement Bulletin, in SURS procurement bulletins, in
appropriate media, or through electronic means such as the Internet. Notice
shall be published on at least 3 separate dates with a minimum of 14 days
between the first and the last publication date.
3)Â Â Â Â Â Â Â Â All procurements for goods and services in excess of $50,000,
unless otherwise provided in this Section, shall be awarded by competitive
proposals. Each request for proposal shall set forth a description of the items
or services being procured, the material contractual terms and conditions, and
the criteria for evaluating proposals. Awards made pursuant to competitive
selection procedures shall be awarded to the responsible offeror whose proposal
is determined to be most advantageous to SURS. SURS may directly negotiate
with any offeror as to the terms of a proposal. Competitive proposals may be
used to procure, but are not limited to, professional and artistic services,
including legal, medical and related services, investment management and
consulting, electronic data processing equipment, software and services, and
telecommunications equipment, software and services.
4)Â Â Â Â Â Â Â Â The following procurements do not require advertising or the
use of competitive proposals:
A)Â Â Â Â Â Â Â Individual contracts for goods, services or construction not
exceeding $50,000;
B)Â Â Â Â Â Â Â Emergency procurements, such as when there exists a threat to
public health or safety, or when immediate expenditure is necessary in order to
protect against loss of or damage to SURS property or interests, or to prevent
or minimize disruption in SURS services, or when necessary to prepare for
anticipated litigation, enforcement actions, or investigations, or to protect
the integrity or confidentiality of SURS records. A written determination must
be made that an emergency exists; and
C)Â Â Â Â Â Â Â Utilities and other sole-source items.
e)Â Â Â Â Â Â Â Â Purchasing
1)Â Â Â Â Â Â Â Â Employees are allowed to make purchases provided that the
goods or services are budgeted for, and a purchase order (for purchases in
excess of $500) is completed and has written approval in advance of placing the
order, or a formal contract (for purchases in excess of $25,000) is executed,
and the provisions of this Section are complied with. Employees other than
those designated by the Executive Director are not allowed to make purchases of
office supplies, computer equipment, or software.
2)        SURS shall not pay Illinois sales tax. Employees must direct
the vendor to exclude Illinois sales tax from invoices. Employees should also
ask if discounted State rates are available for purchases.
3)Â Â Â Â Â Â Â Â Invoices should be approved for payment within 30 days after the
receipt of the invoice. Approval should not be given for goods and services
that do not conform to SURS' requirements. The vendor shall be promptly
notified in writing if SURS does not approve an invoice for payment and shall
be advised of the reason for the denial. If approval is made after 30 days, a
full explanation should be attached to the invoice.
4)        Advance payment for goods and services is discouraged. If
advance payment is required, the employee shall complete a certification as
specified in Section 9.05 of the State Finance Act [30 ILCS 105/9.05]. In the
event that a voucher is submitted for advance payment, the voucher shall state
on its face that the goods or services are being procured pursuant to a formal
written contract the terms of which require advance payment. If it is not
possible to execute a written contract, the voucher shall so state. The
certification is not required for payment of conference fees, purchase of
travel tickets, purchase of periodicals, and required deposits of less than
$500. The certification shall be in the following format:
"I
certify that the goods or services specified on this contract or purchase order
were for the use of this agency and that the expenditure for those goods or
services was authorized and lawfully incurred; that the goods or services meet
all the required standards set forth in the purchase order or contract to which
this certification relates; and that the amount shown on this voucher is
correct and is approved for payment."
Insert
following sentence in certification if applicable:
"It is
not possible to execute a formal written contract."
Date
Signature