TITLE 44: GOVERNMENT CONTRACTS, GRANTMAKING,
PROCUREMENT AND PROPERTY MANAGEMENT
SUBTITLE B: SUPPLEMENTAL PROCUREMENT RULES
CHAPTER XIII: STATE BOARD OF EDUCATION
PART 1110
EDUCATION PURCHASING PROGRAM
SECTION 1110.10 PURPOSE AND SCOPE
Section 1110.10 Purpose and Scope
The purpose of this Part is to create an education
purchasing program and establish the process by which the State Board of
Education (ISBE) will certify education purchasing contracts and identify and
define key categories for such contracts in accordance with Section 28A-10 of
the School Code [105 ILCS 5/28A-10].
 | TITLE 44: GOVERNMENT CONTRACTS, GRANTMAKING,
PROCUREMENT AND PROPERTY MANAGEMENT
SUBTITLE B: SUPPLEMENTAL PROCUREMENT RULES
CHAPTER XIII: STATE BOARD OF EDUCATION
PART 1110
EDUCATION PURCHASING PROGRAM
SECTION 1110.20 DEFINITIONS
Section 1110.20 Definitions
"Contracting entity"
means a local government entity established pursuant to the laws of Illinois or
another state, an agency of the State of Illinois or another state, a federal
government entity, a not-for-profit entity established pursuant to the laws of
Illinois or another state, a for-profit entity established pursuant to the laws
of Illinois or another state, or a cooperative entity consisting of any two or
more of the foregoing entities.
"Due advertisement" means
public notice published at least 10 days before the bid date in a newspaper of
general circulation in the locality of the contracting entity, or public notice
otherwise determined by the State Superintendent of Education to provide
notification of the bidding opportunity to a wide variety of potential vendors (e.g.,
on websites maintained by contracting entities or in trade magazines or other
publications designed for targeted audiences).
"Educational entity"
means a school district, cooperative entity made up of multiple school
districts, regional office of education, or charter school.
"Education purchasing
contract" means a contract that is procured and negotiated by a
contracting entity or a statewide education master contract negotiated by the
State Board of Education, certified pursuant to this Part, and made available
by ISBE to educational entities.
"Services" means the
furnishing of labor, time or effort by a contractor, not involving the delivery
of a specific end product other than reports or supplies that are incidental to
the required performance.
"Statewide education master
contract" shall mean a contract that is procured and negotiated by ISBE and
made available to educational entities.
"Supplies" means all
personal property, including but not limited to equipment, materials, and printing,
but excluding insurance, and the financing of those supplies.
| TITLE 44: GOVERNMENT CONTRACTS, GRANTMAKING,
PROCUREMENT AND PROPERTY MANAGEMENT
SUBTITLE B: SUPPLEMENTAL PROCUREMENT RULES
CHAPTER XIII: STATE BOARD OF EDUCATION
PART 1110
EDUCATION PURCHASING PROGRAM
SECTION 1110.30 STATE EDUCATION PURCHASING ENTITY
Section 1110.30 State Education Purchasing Entity
ISBE shall act as the State education purchasing entity
pursuant to Section 28A-10 of the School Code [105 ILCS 5/28A-10].
| TITLE 44: GOVERNMENT CONTRACTS, GRANTMAKING,
PROCUREMENT AND PROPERTY MANAGEMENT
SUBTITLE B: SUPPLEMENTAL PROCUREMENT RULES
CHAPTER XIII: STATE BOARD OF EDUCATION
PART 1110
EDUCATION PURCHASING PROGRAM
SECTION 1110.35 PROCUREMENT OF STATEWIDE EDUCATION MASTER CONTRACTS
Section 1110.35 Procurement of Statewide Education
Master Contracts
When ISBE procures a statewide education master contract,
the procurement shall rely upon the Board's authority under its rules for
Procurement by the State Board of Education (44 Ill. Adm. Code 1105) and shall
be accomplished in accordance with the requirements of that Part.
| TITLE 44: GOVERNMENT CONTRACTS, GRANTMAKING,
PROCUREMENT AND PROPERTY MANAGEMENT
SUBTITLE B: SUPPLEMENTAL PROCUREMENT RULES
CHAPTER XIII: STATE BOARD OF EDUCATION
PART 1110
EDUCATION PURCHASING PROGRAM
SECTION 1110.40 CERTIFICATION OF EDUCATION PURCHASING CONTRACTS
Section 1110.40 Certification of Education Purchasing
Contracts
The State Superintendent of Education shall review each
potential education purchasing contract as described in this Section for the
purpose of determining whether it was procured in a manner that is comparable
in all material respects to the requirements of the Illinois Procurement Code [30
ILCS 500] and Section 10-20.21 of the School Code [105 ILCS 5/10-20.21], i.e.,
in a manner that makes the contract suitable for use by educational entities.
a) Subject
to the provisions of Section 1110.80 of this Part, an education purchasing
contract for supplies may be certified if the State Superintendent determines that
the contract was awarded by the contract entity:
1) to the lowest
responsible bidder;
2) considering
conformity with specifications, terms of delivery, quality and serviceability;
and
3) after due
advertisement.
b) Subject
to the provisions of Section 1110.80 of this Part, an education purchasing
contract for services may be certified either on the basis set forth in
subsection (a) of this Section or if the State Superintendent determines that
the contract was awarded by the contracting entity through a process consisting
of all of the following elements:
1) solicitation
of proposals through a request for proposals setting forth evaluation factors
and stating the relative importance of price and other evaluation factors;
2) due
advertisement of the solicitation;
3) separate
evaluation and ranking of the price and non-price items of the proposals; and
4) award
to the responsible offeror whose proposal is determined to be most advantageous
to the contracting entity, taking into consideration price and the other
evaluation factors set forth in the request for proposals.
c) No
contract shall be certified as an education purchasing contract or a statewide
education master contract unless:
1) the
scope of the contract permits participation by governmental entities (including
educational entities) beyond the original contracting entity;
2) the
vendor consents; and
3) the
terms of the contract can be extended to other governmental entities without
substantially modifying the range of supplies or services offered through the
contract.
| TITLE 44: GOVERNMENT CONTRACTS, GRANTMAKING,
PROCUREMENT AND PROPERTY MANAGEMENT
SUBTITLE B: SUPPLEMENTAL PROCUREMENT RULES
CHAPTER XIII: STATE BOARD OF EDUCATION
PART 1110
EDUCATION PURCHASING PROGRAM
SECTION 1110.50 PARTICIPATION BY EDUCATIONAL ENTITIES
Section 1110.50 Participation by Educational Entities
a) An
educational entity that elects to participate in one or more contracts pursuant
to this Part shall be required to register with ISBE or a designee and agree to
abide by all the terms of any contract joined. Before soliciting bids or
awarding contracts for supplies, materials, equipment, or services, an
educational entity may review education purchasing contracts and consider them
as bids. The educational entity may, without soliciting additional bids,
purchase supplies, materials, equipment, or services through a certified
education purchasing contract or statewide education master contract by
following the specific procedure established within each contract.
b) Participation
in contracts under this Part shall be at the sole option of educational
entities, and educational entities shall be solely responsible for any
obligations incurred as a result of their participation.
| TITLE 44: GOVERNMENT CONTRACTS, GRANTMAKING,
PROCUREMENT AND PROPERTY MANAGEMENT
SUBTITLE B: SUPPLEMENTAL PROCUREMENT RULES
CHAPTER XIII: STATE BOARD OF EDUCATION
PART 1110
EDUCATION PURCHASING PROGRAM
SECTION 1110.60 PROVISION OF INFORMATION AND DEFINITION OF KEY CATEGORIES
Section 1110.60 Provision of Information and Definition
of Key Categories
ISBE shall provide contracting information and pricing for
certified education purchasing contracts and statewide education master
contracts on the agency's website and through additional means specifically
designed to reach administrators of educational entities. On the agency's
website, ISBE shall:
a) identify
and define the categories of certified education purchasing contracts and
statewide education master contracts, which shall be based upon input received
from school district business officials and regional offices of education and
may include, but need not be limited to, office supplies, classroom furniture,
maintenance services, and accounting services;
b) describe
the process for educational entities' participation in education purchasing
contracts or statewide education master contracts; and
c) indicate
for each contract how the vendor may be contacted and provide other information
relevant to participation in that contract, if any.
| TITLE 44: GOVERNMENT CONTRACTS, GRANTMAKING,
PROCUREMENT AND PROPERTY MANAGEMENT
SUBTITLE B: SUPPLEMENTAL PROCUREMENT RULES
CHAPTER XIII: STATE BOARD OF EDUCATION
PART 1110
EDUCATION PURCHASING PROGRAM
SECTION 1110.70 PROCESS FOR SUBMITTING CONTRACTS FOR CERTIFICATION
Section
1110.70 Process for Submitting Contracts for Certification
At
least once each fiscal year, the State Superintendent shall identify the
categories under consideration at that time and establish a timeframe during
which applications for the certification of education purchasing contracts will
be accepted. Any party to an education purchasing contract may submit the
contract for review and consideration through this application process. In
addition to a copy of the contract, the party making the submission shall
provide:
a) Evidence
of consent by the other party to the contract for certification of the contract
by ISBE;
b) Sufficient
information to demonstrate that the contract was awarded through a process
meeting the criteria set forth in Section 1110.40(a) of this Part, which shall
include, but need not be limited to:
1) the
request for proposals or invitation for bids that was used to procure the
contract;
2) evidence
of due advertisement of the request for proposals or invitation for bids; and
3) a
certification from the procuring entity or other evidence that the contract was
awarded to the lowest responsible bidder, considering conformity with
specifications, terms of delivery, quality, and serviceability;
c) A
certification that the contract was procured in conformance with the
requirements that apply in the locality of the contracting entity, including a
specific statutory or regulatory citation to those requirements;
d) An
indication of the Illinois educational entities the vendor is able and willing
to serve;
e) A
description of the range of supplies or services available through the
contract;
f) Information
on the level of customer service that will be offered to educational entities participating
in the contract;
g) Evidence
that the vendor has adequate financial, organizational, and technical resources
to administer the contract;
h) A
description of the process by which educational entities may participate in the
contract; and
i) Certifications,
assurances, and/or additional information that the State Superintendent may
require in order to verify any information reported by the applicant or to otherwise
fulfill ISBE's duties with respect to administration of the education
purchasing program.
| TITLE 44: GOVERNMENT CONTRACTS, GRANTMAKING,
PROCUREMENT AND PROPERTY MANAGEMENT
SUBTITLE B: SUPPLEMENTAL PROCUREMENT RULES
CHAPTER XIII: STATE BOARD OF EDUCATION
PART 1110
EDUCATION PURCHASING PROGRAM
SECTION 1110.80 SELECTING CONTRACTS FOR CERTIFICATION
Section
1110.80 Selecting Contracts for Certification
a) The
State Superintendent shall review each application received and determine
whether each contract meets the criteria set forth in Section 1110.40 of this
Part. Of those meeting the criteria, the State Superintendent may select one
or more contracts for certification based upon the following factors:
1) The
number of educational entities eligible to participate in the contracts that
are eligible for certification;
2) The
qualifications of the vendors involved in the eligible contracts;
3) The
level of serviceability of the eligible contracts;
4) The
quality of the supplies or services offered through the eligible contracts and
the extent to which the supplies or services are appropriate for use by educational
entities;
5) The
comparative extent to which the costs of supplies or services are discounted,
based on a standard index or other objectively verifiable criterion;
6) The
contracting entity's use of businesses owned by minorities, females, and
persons with disabilities to provide supplies or services under the contract;
7) The
simplicity of the process for educational entities' participation in the
contract; and
8) The
extent to which resources of ISBE would be needed for overseeing the
administration of the contract through the education purchasing program.
b) When
choosing among two or more substantially similar contracts for certification,
the State Superintendent shall give preference to contracts awarded to
Illinois-based companies or, if no eligible contract involves an Illinois-based
company, to the contract with the company employing the largest number of Illinois residents.
c) The
State Superintendent shall base the determination regarding the number of
eligible contracts that will be certified in each category at any given time on
adequate coverage of the various geographic areas of the State and the
provision of an adequate range of supplies and services to meet the needs of Illinois educational entities.
| TITLE 44: GOVERNMENT CONTRACTS, GRANTMAKING,
PROCUREMENT AND PROPERTY MANAGEMENT
SUBTITLE B: SUPPLEMENTAL PROCUREMENT RULES
CHAPTER XIII: STATE BOARD OF EDUCATION
PART 1110
EDUCATION PURCHASING PROGRAM
SECTION 1110.90 CERTIFICATION OF OTHER GOVERNMENTAL ENTITIES' COOPERATIVE PURCHASING PROGRAMS
Section
1110.90 Certification of Other Governmental Entities' Cooperative Purchasing
Programs
The
State Superintendent may at any time certify contracts offered through other
cooperative purchasing programs developed by agencies of the State of Illinois,
Illinois public universities, regional offices of education, or other
governmental entities upon determining that the contracts offered through one
or more of these cooperative purchasing programs meet the criteria for
certification set forth in Section 1110.40 of this Part.
| TITLE 44: GOVERNMENT CONTRACTS, GRANTMAKING,
PROCUREMENT AND PROPERTY MANAGEMENT
SUBTITLE B: SUPPLEMENTAL PROCUREMENT RULES
CHAPTER XIII: STATE BOARD OF EDUCATION
PART 1110
EDUCATION PURCHASING PROGRAM
SECTION 1110.100 EVALUATION OF EDUCATION PURCHASING CONTRACTS
Section
1110.100 Evaluation of Education Purchasing Contracts
At
least once every five years, the State Superintendent shall evaluate each
education purchasing contract to determine whether the vendor's performance is
consistent with the information and standards provided to ISBE at the time of
certification. Based upon this determination, the State Superintendent shall
either re-certify the education purchasing contract for a period of time not to
exceed five years or withdraw the contract's certification and no longer allow
participation in that contract through the education purchasing program.
| TITLE 44: GOVERNMENT CONTRACTS, GRANTMAKING,
PROCUREMENT AND PROPERTY MANAGEMENT
SUBTITLE B: SUPPLEMENTAL PROCUREMENT RULES
CHAPTER XIII: STATE BOARD OF EDUCATION
PART 1110
EDUCATION PURCHASING PROGRAM
SECTION 1110.110 WITHDRAWAL OF CERTIFICATION
Section
1110.110 Withdrawal of Certification
a) In
addition to the basis for withdrawing certification set forth in Section
1110.100 of this Part, the State Superintendent shall withdraw the
certification of an education purchasing contract at any time if:
1) the
vendor has failed to perform in accordance with the terms and provisions of the
contract while providing supplies or services to Illinois educational entities;
2) the
contract has been terminated or has expired by its terms; or
3) the State
Superintendent determines, from the point of view of the contract's benefit to
educational entities, that:
A) an
amendment to the contract has substantially and negatively modified the
contract's terms or the range of supplies or services offered through the
contract; or
B) an
amendment to the contract has substantially and negatively affected the terms
of delivery, quality, or serviceability of the supplies or services offered
through the contract.
b) The
State Superintendent shall use the web-based resources of ISBE and other means
designed to reach educational entities to notify them when certification of a
contract under this Part is withdrawn.
1) An
educational entity that has commenced a transaction under an education
purchasing contract may complete that transaction notwithstanding any action by
the State Superintendent to remove the contract's certification.
2) No new
transactions may be commenced under a contract whose certification has been
withdrawn.
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