TITLE 44: GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY MANAGEMENT
SUBTITLE A: PROCUREMENT AND CONTRACT PROVISIONS
CHAPTER III: CHIEF PROCUREMENT OFFICER FOR THE DEPARTMENT OF TRANSPORTATION
PART 6 CHIEF PROCUREMENT OFFICER FOR THE DEPARTMENT OF TRANSPORTATION - CONTRACT PROCUREMENT
SECTION 6.40 DEFINITIONS
Section 6.40 Definitions
As used throughout this Part, terms defined in the Illinois Procurement Code have the same meaning as in the Code and as further defined in this Section. Each term listed in this Section has the meaning set forth as follows unless its use clearly requires a different meaning. Terms may be defined in particular Sections for use in that Section.
"Bid" – An offer made by a bidder in response to a contract item advertised in an Invitation for Bids.
"Bidder" – Any person or entity that in fact submits a bid.
"Change Order" – A formal, written directive issued to a contractor or an agreement that amends a contract in order to address contingencies affecting the performance and completion of the contract, including but not limited to such matters as extra work, design changes or alterations to plans, or special provisions or specifications for which no provision is included in the original contract.
"Chief Procurement Officer" or "CPO" − The person appointed under Section 1-15.15(2) of the Code.
"Code" – The Illinois Procurement Code [30 ILCS 500].
"Construction Agency" – The Illinois Department of Transportation for construction or maintenance of roads, highways, bridges and airports as an agency that enters into construction contracts as authorized by law or by delegation from the CPO. (See Section 1-15.25 of the Code.)
"Contract" – In addition to the definition of contract set forth in Section 1-15.30 of the Code, a contract is the written agreement entered into at the discretion of the SPO between the Department and the contractor comprising such documents as set forth in each individual agreement, including change orders, contract adjustments, and renewals, and setting forth the obligations of the parties for the performance of the contract.
"Contract Adjustment" – A written price adjustment that adds to or deducts from a contract in accordance with provisions included in the original contract, including but not limited to increases or decreases in quantities, incentives, changed conditions and the addition of missing pay items called for in the specifications.
"Contractor" means any person, firm, corporation, organization, partnership or association, however organized, and its affiliates, including its owners, directors, officers, partners, managers, key employees and others engaged in primary managerial or supervisory positions.
"Day" – A calendar day.
"Department" – The Illinois Department of Transportation.
"Emergency Affidavit" – The affidavit filed by the CPO with the Procurement Policy Board and the Auditor General setting forth the actual or estimated amount expended, the name of the contractor involved, and the conditions and circumstances requiring the emergency procurement. (See Section 20-30(c) of the Code.)
"Emergency Contract" – The initial written agreement for an emergency procurement.
"Germane" – In relationship to the modification, alteration or amendment of the terms of a contract by change order, the term "germane" means a change that is related to the original terms of the contract but that is not so substantial a departure from the original as to constitute a new contract.
"Multi-year Contract" – A multi-year contract is a contract with a time of performance of more than 12 months.
"Offerors" – For purposes of this Part, the term "offerors" includes only persons or entities submitting proposals that are acceptable or potentially acceptable. The term does not include persons or entities who submitted unacceptable proposals.
"PPB" – The Procurement Policy Board created by Section 5-5 of the Code.
"Procurement Compliance Monitor" or "PCM" − the person appointed under Section 10-15 of the Code.
"Proposal" – A response to a Request for Proposals.
"Purchasing Agency" – A State agency that enters into a contract at the direction of a State purchasing officer or a chief procurement officer. (See Section 1-15.70 of the Code.)
"Renewal" – An agreement between the parties to a contract to authorize an additional contract period under the terms and conditions of the renewal provision in the original contract.
"Responsible" – The capability, integrity and reliability of a bidder, offeror or contractor that, in all respects, will assure good faith performance to undertake and complete fully the requirements of a contract.
"Responsive" – In the context of bidding procedures, the compliance in all meaningful, material respects with the Invitation for Bids.
"Special Provisions" – Additions and revisions to the Standard Specifications for Road and Bridge Construction and the Supplemental Specifications and Recurring Special Provisions (see the Department's website at http://www.dot.state.il.us/ desenv/hwyspecs.html) applicable to an individual contract.
"Specifications" – The body of directions, provisions, and requirements for performance of prescribed work. Specifications includes and may be referred to as the Standard Specifications, which is a Department publication of specifications approved for general application and repetitive use.
"State Purchasing Officer" or "SPO" – The person appointed under Section 10-10 of the Code.
"Subcontract" – A contractual agreement between a person or entity and a person or entity who has a contract subject to the Code and this Part, pursuant to which the subcontractor assumes obligation for performing specified work. (See Section 1-15.107 of the Code.)
"Subcontractor" – A person or entity that enters into a contractual agreement with a total annual value of $50,000 or more with a contractor who has a contract subject to the Code. (See Section 1-15.108 of the Code.)
"Supplemental Specifications" – Additions and revisions to the Department's Standard Specifications.
(Source: Amended at 37 Ill. Reg. 19098, effective November 15, 2013)