Section 1120.1002  Conduct and Oversight of Procurements


a)         Chief Procurement Officer 


1)         The Comptroller shall appoint a Chief Procurement Officer (CPO) for purposes of the Code and this Part.


2)         The CPO may conduct any or all procurements on behalf of the IOC.


3)         The CPO shall:


A)        have at least 5 or more years of experience in state or corporate budgeting activities, or shall be a certified professional public buyer or certified public purchasing officer; and 


B)        be a resident of the State of Illinois; and


C)        serve in his or her capacity as CPO for a term not to exceed 5 years from the date of appointment; and 


D)        owe a fiduciary duty to the State; and


E)        perform duties as required by law.


4)         The CPO is responsible for signing all written award determination letters stating the reasoning for any contract award decision.


5)         The CPO may designate one or more Procurement Officers to conduct procurements on behalf of the CPO in accordance with conditions specified in the terms of the CPO's appointment and this Part.


b)         Procurement Compliance Monitor.  The IOC Ethics Officer, appointed pursuant to the State Officials and Employees Ethics Act [15 ILCS 430], or his/her designee, shall serve as the Procurement Compliance Monitor.  If a designee is appointed to serve as the monitor, that designee shall be classified as a Senior Public Service Administrator or above and, upon attaining certified status, shall have the employment protections afforded by that status.  It shall be the duty of the monitor to oversee and review the procurement processes.  The monitor shall have direct communication with the Comptroller.  The monitor shall:


1)         have the right to review all contracts, attend any procurement meetings, and access reports and files;


2)         issue reports to the CPO regarding outstanding procurement problems;


3)         ensure transparency and compliance with procurement laws;


4)         report findings of waste to IOC departments.  If the department does not correct circumstances causing the waste, the monitor shall report to the CPO and the Inspector General; and


5)         perform other duties as required by law.


c)         Procurement Policy Board.  The Comptroller shall appoint an Office of the Comptroller Procurement Policy Board (IOC PPB).  The IOC PPB shall consist of 3 members who are employees of the Comptroller.  In making appointments to the IOC PPB, the Comptroller shall consider an individual's knowledge and experience in State government procurements and operations.  The members shall receive no additional compensation for serving on the IOC PPB other than reimbursement for expenses.  Except as provided in subsection (d), the IOC PPB shall:


1)         meet a minimum of three times annually and be contacted in writing prior to the publication of any RFI exceeding $100,000;


2)         be authorized to review, comment upon, and recommend rules and practices governing the procurement, management, control and disposal of supplies, services, professional or artistic services, construction and capital improvements procured by IOC;


3)         be authorized to review any proposal, bid or contract, and may issue recommendations regarding procurement matters;


4)         be notified by the CPO if a conflict of interest is identified, discovered or reasonably suspected to exist.  In the event of a notification, the IOC PPB is to recommend action and give its recommendations to the CPO and Comptroller.  The IOC PPB's recommendation shall be published in the next available issue of the Bulletin;


5)         report to the Inspector General whenever the PPB has cause to believe there has been a violation of the Procurement Code; and


6)         perform other duties as required by law.


d)         Chief Internal Auditor.  The Comptroller shall appoint a chief internal auditor.  The auditor must have a Bachelor's degree, and must be either a certified internal auditor, a certified public accountant with at least 4 years of auditing experience, or an auditor with 5 years of experience.  The chief internal auditor shall report directly to the Comptroller.  Subject to the approval of the Comptroller, and consistent with the Fiscal Control and Internal Auditing Act [30 ILCS 10], the chief internal auditor shall:


1)         direct the internal audit functions and activities;


2)         prepare audit reports and assess program goals;


3)         be responsible for the preparation of an annual audit plan for submission to and subject to the approval of the Comptroller; and


4)         perform other duties as required by law.


(Source:  Amended at 37 Ill. Reg. 3075, effective March 1, 2013)