Section 526.10  Application

a)         The Code and this Part apply to those procurements for which the vendors were first solicited on or after July 1, 1998.

b)         Procurements for which vendors were first solicited on or before June 30, 1998, shall be conducted pursuant to 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.

c)         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 have 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 transmission, the facsimile transmission 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, and the University officer or employee who made the solicitation must state in writing when the procurement was discussed, and must name the party with whom the discussion took place.

3)         In all circumstances, the solicitations must be for the procurement of particular needs.  A general discussion to determine if there is any interest on the part of a University in the supplies or services of a vendor or vendors, or on the part of a vendor or vendors in providing the supplies or services, is not considered a solicitation.

d)         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 purposes of this subsection (d)(1), "governmental bodies" includes the State Universities and their governing boards);

2)         grants;

3)         purchase of care;

4)         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;

5)         collective bargaining contracts;

6)         purchase of real estate; or

7)         contracts necessary to prepare for anticipated litigation, enforcement actions, or investigations, provided that the contracts are approved by the chief legal counsel to the University, or his or her designee, as provided in Section 1-10(b)(7) of the Code.  Anticipated litigation is that which a University 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, the retention of counsel, investigators, expert witnesses and court reporters.