Section 3002.1400  Procurement Communications Reporting

As required by Section 50-39 of the Procurement Code, any State employee, as defined in 2 Ill. Adm. Code 1620.825(g), who receives a written or oral communication that imparts or requests material information or makes a material argument regarding potential action concerning a procurement matter, including, but not limited to, an application, a contract, or a project, shall report the communication to the Procurement Policy Board. "Material" is defined by 2 Ill. Adm. Code 1620.825(b)(1).

a)         Upon receipt of a communication described in and required to be reported pursuant to 2 Ill. Adm. Code 1620.825, the State employee shall report the communication to the Procurement Policy Board using the electronic Procurement Communications Reporting System available on the Procurement Policy Board's official website at http://pcrs.illinois.gov.  Reports shall be filed monthly and include at least the following: 

1)         the date and time of each communication; 

2)         the identity of each person from whom the written or oral communication was received, the individual or entity represented by that person, and any action that person requested or recommended; 

3)         the identity and job title of the person to whom each communication was made;

4)         if a response is made, the identity and job title of the person making each response;

5)         a detailed summary of the points made by each person involved in the communication; 

6)         the duration of the communication; 

7)         the location or locations of all persons involved in the communication and, if the communication occurred by telephone, the telephone numbers for the callers and recipients of the communication; and

8)         any other pertinent information.  The Procurement Policy Board shall publish each report submitted to its website within 7 days.  A State employee who knowingly and intentionally violates this requirement shall be subject to suspension or discharge.  If a violation is known or suspected, the Procurement Policy Board will turn each suspected report over to the Office of the Executive Inspector General.

b)         Any State employee engaging in material communication with a registered lobbyist shall make every attempt to obtain the written statement of the lobbyist regarding the communication that took place, as required by Section 50-39(c) of the Code.  Executive Ethics Commission rule 2 Ill. Adm. Code 1620.825(b)(1) defines materiality.  Should the lobbyist fail to provide the State employee with a written report within 30 days, the employee shall attach a document stating the dates of attempted request for information and affirmation he/she made every attempt to obtain the required lobbyist report.  This document shall be provided, in place of the lobbyist report required by Section 50-39(c) of the Code, to the Illinois Procurement Policy Board.  Each State employee shall provide this form in portable document format (PDF) attached specifically to the lobbyist communication in question within the 30 day window following any communication with a registered lobbyist.

(Source:  Added at 35 Ill. Reg. 7209, effective April 19, 2011)