Section 4.2086  Contract Filing

a)         Filing with Comptroller

1)         Whenever a grant, defined pursuant to accounting standards established by the State Comptroller, or a contract liability, except for contracts paid for from personal services, or contracts between the State and its employees to defer compensation in accordance with Article 24 of the Illinois Pension Code [40 ILCS 5], exceeding $20,000 is incurred by any university, a copy of the contract, purchase order, grant or lease shall be filed with the Comptroller within 30 calendar days thereafter.  [30 ILCS 500/20‑80(b)]

2)         For each State contract for supplies or services awarded on or after July 1, 2010, the contracting university shall provide the applicable rate and unit of measurement of the supplies or services on the contract obligation document as required by the Comptroller. [30 ILCS 500/20-80(b)]

3)         Any cancellation or modification to any such contract liability shall be filed with the Comptroller within 30 calendar days after its execution. [30 ILCS 500/20-80(b)]

4)         A contract filed with the Comptroller shall identify the method of source selection.

b)         Late Filing Affidavits

When a contract, purchase order, grant or lease required to be filed with the Comptroller by this Section has not been filed within 30 calendar days after execution, the Comptroller shall refuse to issue a warrant for payment thereunder until the university files with the Comptroller the contract, purchase order, grant or lease and an affidavit, signed by the chief executive officer of the agency or his or her designee, setting forth an explanation of why the contract liability was not filed within 30 calendar days after execution.  A copy of this affidavit shall be filed with the Auditor General and the CPO-HE. [30 ILCS 500/20-80(c)]

c)         Timely Execution of Contracts

1)         Except as otherwise provided by law, no voucher shall be submitted to the Comptroller for a warrant to be drawn for the payment of money from the State treasury or from other funds held by the State Treasurer on account of any contract unless the contract is reduced to writing before the services are performed and filed with the Comptroller.  Contractors shall not be paid for any supplies that were received or services that were rendered before the contract was reduced to writing and signed by all the necessary parties. [30 ILCS 500/20-80(d)]

2)         Upon written request of the university and with justification required by the CPO-HE, the CPO-HE may request an exception to Section 20-80(d) of the Code by submitting a written statement to the Comptroller and Treasurer setting forth the circumstances and reasons why the contract could not be reduced to writing before the supplies were received or services were performed.  A waiver of Section 20-80 (d) of the Code must be approved by the Comptroller and Treasurer.  Section 20-80 of the Code does not apply to emergency purchases if notice of the emergency purchase is filed with the PPB and published in the Bulletin as required by the Code.  [30 ILCS 500/20-80(d)]

3)         Regardless of the source of funds, contracts or change orders shall be reduced to writing before supplies are received or services are rendered. If supplies are received or services are performed prior to execution of a contract or change order, a written statement setting forth the circumstances and reasons why the contract or change order could not be reduced to writing before the supplies were received or the services were performed shall be maintained in the procurement file.

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