Section 1100.10  Application

a)         Articles 1, 15, 20, 25, 35, 40, 45, 50, and 53 of the Illinois Procurement Code [30 ILCS 500] (the Code) will be referenced herein as though applicable to the SBE, and all procurements of supplies or services conducted by the SBE shall be substantially in accordance with those provisions of the Code, except to the extent otherwise provided in this Part.

b)         For the purposes of the Code and this Part, any reference to Chief Procurement Officer (CPO) means the State Superintendent of Education or his or her designee.  The State Superintendent may appoint one or more State Purchasing Officer(s) (SPO).

c)         The Code and this Part apply to those procurements for which the vendors were first solicited on or after July 1, 1998 [30 ILCS 500/1-10(a)].

d)         Procurements for which vendors were first solicited on or before June 30, 1998, shall be conducted pursuant to the legal requirements in effect at the time of the solicitation.  The terms and conditions and the rights and obligations under contracts resulting from such procurements shall not be impaired.

e)         A solicitation occurs on or before June 30, 1998, as follows:

1)         When advertising was required in the Official State Newspaper, the first advertisement must run no later than June 30, 1998.

2)         When advertising was not required:

A)        if the procurement was advertised, even though advertising was not required, the first advertisement must have run no later than June 30, 1998;

B)        if the procurement was by direct solicitation by mail, the solicitation must have been postmarked or placed in the control of a private carrier no later than June 30, 1998;

C)        if the procurement was by direct solicitation by facsimile machine (fax), the fax must show a transmission date no later than June 30, 1998;

D)        if the procurement was solicited in person or by telephone, the solicitation must have occurred no later than June 30, 1998.

3)         In all circumstances, the solicitations must be for the procurement of particular needs.

f)          The Code and this Part do not apply to:

1)         Contracts between the State and its political subdivisions or other governments, or between State governmental bodies except as specifically provided in this Code. (For the purposes of this subsection (f), "governmental bodies" includes the State universities and their governing boards, community colleges and their governing boards, and school districts.  This provision applies to contracts between governmental entities; it does not allow State agencies to utilize contracts established by other governmental entities.)

2)         Grants;

3)         Hiring of an individual as employee and not as an independent contractor, whether pursuant to an employment code or policy or by contract directly with that individual;

4)         collective bargaining contracts;

5)         purchase of real estate; or

6)         contracts necessary to prepare for anticipated litigation, enforcement actions, or investigations, provided that the chief legal counsel to the SBE shall give his or her prior approval [30 ILCS 500/1-10(b)].  Anticipated litigation is that which the SBE may prosecute or defend before a court or administrative body and actions necessary to prepare for and conduct the effective legal prosecution or defense of litigation, including, but not limited to, contracting for expert witnesses and for court reporter services.