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" − An 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.

(Source:  Amended at 48 Ill. Reg. 2924, effective February 7, 2024)