TITLE 44: GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY MANAGEMENT
SUBTITLE B: SUPPLEMENTAL PROCUREMENT RULES
CHAPTER XXV: SECRETARY OF STATE
PART 2000 SECRETARY OF STATE STANDARD PROCUREMENT
SECTION 2000.1005 CONDUCT AND OVERSIGHT OF PROCUREMENTS
Section 2000.1005 Conduct and Oversight of Procurements
a) Chief Procurement Officer. The Secretary of State 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 SOS. 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 by the Universal Public Purchasing Certification Council. 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 Secretary may appoint one or more SPOs to conduct procurement in accordance with the terms of the appointment and this Part. The employee performing the duties of the SPO shall be classified as a Merit Compensation employee pursuant to Secretary of State Department of Personnel rules (80 Ill. Adm. Code 410 and 420) and, upon attaining certified status, shall have the employment protections afforded that status. SPOs must be certified as a professional public buyer or a public purchasing officer by the Universal Public Purchasing Certification Council within 18 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 Office of the Secretary of State. The SPO shall perform other duties as required by law.
c) Procurement Compliance Monitor. The Secretary of State Inspector General, appointed pursuant to Section 14 of the Secretary of State Act [15 ILCS 305/14], or his or 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 Merit Compensation employee pursuant to Secretary of State Department of Personnel rules (80 Ill. Adm. Code 410 and 420) and, upon attaining certified status, shall have the employment protections afforded 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 Secretary. The monitor shall:
1) have the right to review all contracts, attend any procurement meeting, 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 SOS 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.
d) Procurement Policy Board. The Secretary shall appoint a Secretary of State Procurement Policy Board (SOS PPB). The SOS PPB shall consist of 5 members. In making appointments to the SOS PPB, the Secretary shall consider an individual's knowledge and experience in State government procurements and operations. The members shall receive no compensation for serving on the SOS PPB other than reimbursement for expenses reasonably incurred in the performance of their duties . Except as provided in subsection (e), the SOS PPB shall:
1) 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 the Office of the Secretary of State;
2) be authorized to review any proposal, bid or contract, and may issue recommendations regarding procurement matters;
3) be notified by the CPO if a conflict of interest is identified, discovered or reasonably suspected to exist. In the event of such notification, the SOS PPB is to recommend action and give its recommendation to the CPO and Secretary. The SOS PPB's recommendation shall be published in the Procurement Bulletin;
4) report to the Inspector General whenever the PPB has cause to believe there has been a violation of the Procurement Code; and
5) perform other duties as required by law.
e) Real Estate Review Board. The Secretary shall appoint a Secretary of State Real Estate Review Board (RRB), consisting of 4 members plus the Property Management Administrator. The 4 appointed members shall include 2 real estate professionals, one attorney, and one accountant. The RRB shall be authorized to review, comment upon, and recommend rules and practices governing the procurement, leasing, management, control and disposal of real property by the Secretary of State. Reviews of real property transactions shall consider issues related to legality; fair market value; verifications of property information, including square footage, property taxes, etc.; accuracy of rent allocation schedules; accuracy of vendor disclosure documents; and possible conflicts of interest.
f) Chief Internal Auditor. The Secretary shall appoint a chief internal auditor. The auditor must have a Bachelor's degree, and must be either a certified internal auditor, or a 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 Secretary. Subject to the approval of the Secretary, 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 Secretary; and
4) perform other duties as required by law.
(Source: Amended at 35 Ill. Reg. 4629, effective March 3, 2011)