§4.5400. General

a)         This Part describes and implements approved methods and requirements of source selection using:

 

1)         Governmental Joint Purchasing;

 

2)         Nongovernmental Joint Purchasing;

 

3)         Group Purchasing Organizations;

 

4)         Piggyback Contracts.

 

b)         Joint and cooperative purchasing activities must be approved by the CPO-HE or by a designee.

 

c)         Joint and cooperative purchasing activities and the resulting contracts must be based on full and open competition.  Full and open competition requires:

 

1)         public notice of the availability of the solicitation for bids or proposals; and

 

2)         the terms and conditions are appropriate to meeting the stated need and are not overly restricted so as to impose unnecessary limits on which vendors may respond.

 

d)         The CPO-HE or a designee may approve use of a cooperative purchasing activity or resulting contract procured through a noncompetitive method if appropriate to meet a university's need and use of the resulting contract is in the best interest of the university.  Approval may be given in advance pursuant to a specific request by a university purchasing director to the CPO-HE or a designee.  The CPO-HE or a designee may prescribe a form for these requests.

 

e)         This Part does not apply to contruction-related professional services contracts awarded in accordance with the provisions of the Architectural, Engineering, and Land Surveying Qualifications Based Selection Act.

 

f)         Violation of Joint/Cooperative Purchasing Requirements

 

1)         If any contract or amendment to a contract is entered into, or purchase or expenditure of funds is made, in violation of the Procurement Code, the Governmental Joint Purchasing Act, or this Part, the CPO-HE may declare the contract or amendment void.

 

2)         If any contract or amendment to a contract is entered into, or purchase or expenditure of funds is made, in violation of the Procurement Code, the Governmental Joint Purchasing Act, or this Part, the CPO-HE may ratify and affirm the contract or amendment if the CPO-HE determines that ratification is in the best interests of the university.

 

g)         Report of Joint and Cooperative Purchasing Activities

The CPO-HE shall submit to the General Assembly no later than November 1 of each year a report of procurements made under this Part for the prior fiscal year.

 

h)         Universities may conduct or participate in Governmental Joint Purchasing, Nongovernmental Joint Purchasing, Group Purchasing Organizations, or Piggyback Contract activities with various entities, including, without limitation:

 

1)         federal agencies;

 

2)         a consortium of governmental, educational, medical research or similar entities; and

 

3)         group purchasing organizations of which the CPO-HE or university is a member or affiliate, including any purchasing entity operating under the federal General Services Administration, the Higher Education Cooperation Act [110 ILCS 220], and the Midwestern Higher Education Compact Act [45 ILCS 155].

 

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