TITLE 44: GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT
SUBTITLE B: SUPPLEMENTAL PROCUREMENT RULES
CHAPTER XX: ATTORNEY GENERAL
PART 1300 ATTORNEY GENERAL'S PROCUREMENT
SECTION 1300.1002 CONDUCT AND OVERSIGHT OF PROCUREMENTS


 

Section 1300.1002  Conduct and Oversight of Procurements

 

a)         Chief Procurement Officer.  The Attorney General shall designate a Chief Procurement Officer (CPO) for purposes of the Code and this Part.  The CPO may conduct any or all procurements on behalf of the OAG.  The CPO shall have at least 5 years of experience in State budgeting or procurement activities, or shall be a certified professional public buyer or certified public purchasing officer.  The CPO shall be a resident of the State of Illinois and shall owe a fiduciary duty to the State.  The CPO is responsible for signing all written award determination letters stating the reasoning for any contract award decision.  The CPO shall perform other duties as required by law. 

 

b)        State Purchasing Officer.  The Attorney General may appoint one or more State Purchasing Officers (SPO) to conduct procurement in accordance with the terms of the appointment and this Part.  The employee performing the duties of the SPO must be certified as a professional public buyer or a public purchasing officer by the Universal Public Purchasing Certification Council or the Institute for Supply Management within 30 months after appointment.  In the absence of an SPO, the CPO may designate a temporary acting SPO.  The SPO shall exercise procurement authority at the direction of the CPO, and the decisions of an SPO are subject to review by the CPO.  The SPO may enter into contracts for the OAG.  The SPO shall perform other duties as required by law and may only be removed by the Attorney General for cause.

 

c)         Procurement Policy and Compliance Monitoring Board.  The Attorney General shall appoint an OAG Procurement Policy and Compliance Monitoring Board (OAG PPCMB).  The OAG PPCMB shall consist of 5 members.  In making appointments to the OAG PPCMB, the Attorney General shall consider an individual's knowledge and experience in State government procurements and operations, including but not limited to certification as a professional public buyer or public purchasing officer by the Universal Public Purchasing Council.  The members shall receive no additional compensation for serving on the OAG PPCMB.  Except as provided in subsection (d), the OAG PPCMB shall:

 

1)         be authorized to review, oversee, 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 the OAG;

 

2)         attend any procurement meetings and access relevant files and reports;

 

3)         be notified by the CPO if a conflict of interest is identified, discovered or reasonably suspected to exist.  In such an event, the OAG PPCMB is to recommend action and give its recommendations to the CPO and Attorney General;

 

4)         report to the Inspector General and Attorney General whenever the OAG PPCMB has cause to believe there has been a violation of the Code or this Part;

 

5)         communicate directly with the Attorney General on all matters related to procurement;

 

6)         report to the CPO regarding outstanding procurement problems;

 

7)         ensure transparency and compliance with procurement laws;

 

8)         report findings of waste to OAG divisions.  If a division does not correct circumstances causing the waste, the OAG PPCMB shall report to the CPO and the Inspector General; and

 

9)         perform other duties as required by law.

 

d)        Chief Internal Auditor.  The Attorney General shall appoint a Chief Internal Auditor.  The auditor must have a Bachelor's degree, and must be a certified internal auditor, certified public accountant with at least 4 years of auditing experience, or an auditor with 5 years of experience.  Any Chief Internal Auditor appointed on or after July 1, 2010 shall be appointed for a period of 5 years and may only be removed for cause.  The Chief Internal Auditor shall report directly to the Attorney General.  Subject to the approval of the Attorney General, and consistent with the Fiscal Control and Internal Auditing Act [20 ILCS 10], the Chief Internal Auditor shall:

 

1)         direct the internal audit functions and activities of the OAG;

 

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 Attorney General; and

 

4)         perform other duties as required by law.

 

e)         The CPO and SPO owe a fiduciary duty to the State [30 ILCS 500/10-30].

 

(Source:  Amended at 42 Ill. Reg. 13585, effective June 29, 2018)