Section 4.1005  Procurement Authority

a)         The CPO-HE 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 universities under the jurisdiction of the CPO.  The Executive Ethics Commission may appoint a temporary acting CPO to act in the absence of the CPO-HE, such as during illness, vacation or other extended leave.

b)         The CPO-HE's procurement authority extends to supplies, services, construction not under the jurisdiction of the Capital Development Board or the Department of Transportation, real estate leases and all other categories of need subject to the Code.  The authority extends to all aspects of the procurement process, including, but not limited to: pre-solicitation activities, solicitation preparation, source selection, evaluation, award, approval or rejection of proposed contracts, dispute resolution and records subsequent to identification of need, except as otherwise provided for in the Code.

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

d)         The CPO-HE exercises procurement authority through one or more SPOs or temporary acting SPOs and university and other staff assigned to the procurement function.  The CPO-HE may assign an SPO to one or more universities or may make assignments on a functional basis.  The CPO-HE may appoint a temporary acting SPO with limited authority to act with an appointed SPO.  In the absence of an appointed SPO, the CPO-HE may exercise the procurement authority of an SPO or may appoint a temporary acting SPO.  Unless the Code or this Part prohibits a designee from performing a procurement action, the CPO-HE may delegate procurement action to an SPO or other designee.  The CPO-HE may reserve certain procurement activities to the CPO-HE 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-HE.  SPOs have roles and responsibilities established in Section 10-10 of the Code.  Each university shall recognize the SPOs' statutory roles and shall cooperate with SPOs in the conduct of their actions. The SPO will act primarily to review, authorize and approve university procurement actions.  The CPO-HE will determine and identify, in writing, procurement activities that must be conducted by the CPO-HE or an SPO.  Activities not reserved to the CPO-HE or SPO will be conducted by the university staff with CPO-HE/SPO oversight.

f)         Each university shall determine an appropriate number of qualified staff and related resources to meet the procurement needs of the university.  University staff remain university employees at all times, including while acting under authority of the CPO-HE.

g)         The university is responsible for determining the need for a particular procurement.  If the SPO or CPO-HE has a question regarding the need for a particular procurement, the SPO or CPO-HE may require a signed statement from a university official outside the procurement office confirming that the proposed procurement for the stated need is in the best interest of the university.

h)         University procurement staff are responsible for:

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

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

i)          The CPO-HE and the SPO, at the direction of the CPO-HE, has the authority to review any contract or contract amendment prior to execution to ensure that applicable procurement and contracting standards were followed and approve or reject proposed contracts for a purchasing agency. [30 ILCS 500/10-10(a)]. In addition to this authority, the CPO-HE may authorize a university to enter into contracts without specific approval of the CPO-HE or SPO.

1)         The CPO-HE shall determine in writing which contracts must be reviewed by the CPO-HE or SPO for approval or rejection prior to execution by the university.  These approval authorities may be modified or revoked at any time by the CPO-HE or the SPO, when appropriate.  In the absence of written direction, the university shall enter into contracts for its needs.

2)         Any written determination regarding approval authorization by the CPO‑HE or SPO shall be maintained by the CPO-HE and distributed to the SPO, university head, university purchasing director and the State Comptroller.

3)         Because all fiscal authority for the universities is vested in their governing boards under their organizing statutes, only those contracts signed in accordance with board of trustees procedures are valid obligations of a university.  If the CPO-HE or SPO approves a proposed contract, the university must sign in order for the contract to be legally binding on the university.  The university may decline to sign a contract even if approved by the CPO-HE or SPO.

4)         If the CPO-HE or SPO approves a proposed contract for a university, in no event shall the CPO-HE or SPO have or 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 overseeing and reviewing the procurement process, having access to records and systems, and attending any procurement meeting.

2)         Each university shall recognize these statutory roles and shall cooperate with PCMs in the conduct of their actions.  Cooperation includes providing notice of, and access to, procurement meetings 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 chief executive officer of the university and in certain cases may require reporting to the Office of the Executive Inspector General.

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

k)         Inquiries

Any offeror, respondent, SPO, State agency, university, subcontractor or person may contact the CPO-HE at http://www.cpohe.illinois.gov

concerning any procurement matter and obtain information concerning the procurement process or a pending procurement to meet the objectives of Section 1-5 of the Code and Section 4.5 of this Part. The CPO-HE shall take all measures, within its means and resources, in conformity with the Code and this Part, to address any inquiries to effectuate the aims of the Code and this Part. All contacts shall be placed in the procurement file and in compliance with Section 50-39 of the Code.

l)          Notification

In consultation with the CPO-HE, an SPO or PCM shall advise a university in writing of any misconduct, waste or inefficiency with respect to a university procurement and give the university opportunity to correct or resolve the issue.  If the university does not correct the issue, the SPO or PCM shall report the problem to the Office of the Inspector General and the CPO-HE. The Attorney General's Office shall also be notified if collusion or other anticompetitive practice is suspected.

(Source:  Amended at 43 Ill. Reg. 1781, effective February 15, 2019)