a)
Agreements required to be filed with the Comptroller under Section 11 or
Section 15 of the State Comptroller Act (Ill. Rev. Stat. 1987, ch. 15, pars.
211 and 215) must meet the criteria set forth in this Article. In general, a
two party signed agreement must be filed for all expenditures exceeding $5,000
in a fiscal year, except for:
1) contracts
paid from personal services, or
2)
contracts between the State and its employees to defer compensation pursuant to
Article 24 of the Illinois Pension Code (Ill. Rev. Stat. 1987, ch. 1111/2, par.
24-101 et seq.).
b)
Certain exceptions are listed in CUSAS (Comptroller's Uniform Statewide
Accounting System) Procedures 15.20.70 under type code 41 and Section
290.1209 of these rules. In
addition, agreements where the State does not incur a financial liability are
not required to be filed with the Comptroller under this Part.
c) Legibility: All documents filed must be
legible.
d) Bribery Clause: Every
contract executed by the State must contain a certification by the contractor
that the contractor is not barred from being awarded a contract or subcontract
under Section 10.1 of The Illinois Purchasing Act (Ill. Rev. Stat. 1987, ch.
127, par. 132.10 -1). Suggested language for the certification is set forth
below:
The vendor certifies that it is not barred from being awarded a
contract or subcontract under Section 10.1 of The Illinois Purchasing
Act.
e) Execution date: All
contracts and leases must contain an execution date. An acceptable alternative
is for the agency and the contractor to date their signature. The execution
date of purchase orders and similar documents is the date on the
document.
f) Filing Requirements:
1) Section 15 of the State Comptroller Act
requires agencies to file contracts, leases or purchase orders within 15 days
of execution. Cancellation or modifications to contracts, purchase orders, or
leases are also subject to this time period.
2) The following rules will be applied in
enforcing these filing requirements:
A) When
the contract sets forth an execution date only, the 15 day period will be
calculated from this date.
B) When
the agency signature and the contractor's signature are dated, the 15 day time
period will be calculated from the latest dated signature.
C) When the contract is signed by more than
one person on behalf of the State, the period will be calculated from the
latest dated signature.
3) Where a contract, purchase order or lease
required to be filed by Section 15 of the State Comptroller Act has not been
filed within 30 days of execution, the Comptroller will not honor vouchers for
payment thereunder until the agency files with the Comptroller:
A) The contract, purchase order or lease;
and
B) An original affidavit and
one copy, signed by the chief executive officer of the agency, or his or her
designee, setting forth an explanation of why such contract liability was not
filed within 30 days of execution. The Comptroller will file the copy of the
affidavit with the Auditor General.
C) A sample of the affidavit referenced in
this Section is provided as Appendix C to this Part. Any affidavit
substantially similar to that provided in Appendix C will be accepted by the
Comptroller.
g) Maximum or Estimated Amount:
1) Except as is discussed below, all
contracts should set forth either an estimated or maximum amount.
2) A maximum amount must be used where the
amount of payment can be ascertained with reasonable certainty. The contract
must be amended before more than the maximum amount may be paid pursuant to the
agreement. Where it is not possible to ascertain the amount to be paid under
the contract, an estimated amount should be used. In certain cases contracts
are executed in order to provide for payment on an as needed basis, (for
example, certain contracts for legal services). In these instances the contract
need not contain a maximum or estimated amount.
h) Agencies must obtain the Federal Taxpayer
Identification Number and legal status disclosure certification of the
contractor for all contracts, leases and purchase orders required to be filed
by this Part.
i) References in this
Part to information deemed necessary by the Attorney General do not apply to
universities.
j) Advance Payment:
Where a State agency wishes to make advance payment for goods
or services, the contract must include a provision for such advance payment. If
the State agency determines it is not possible to execute a written contract,
any payment voucher must so state. (Section 9.05 of "AN ACT in relation to
State finance") (Ill. Rev. Stat. 1987, ch. 127, par. 145(f)).
k) Bid-Rigging/Bid Rotating Certification:
Each bid and any contract resulting from that bid for goods, services or
construction between the State and a vendor other than a unit of State or local
government shall contain a certification by the contractor that the contractor
is not barred from contracting with any unit of State or local government as a
result of a violation of either Section 33E-3 or 33E-4 of the Criminal Code of
1961 (Ill. Rev. Stat. 1988 Supp., ch. 38, pars. 33E3 or 33E4). Suggested
language for the certification is set forth below:
The contractor certifies that it has not been barred from
contracting with a unit of State or local government as a result of a violation
of Section 33E-3 or 33E-4 of the Criminal Code of 1961 (Ill. Rev. Stat. 1988
Supp., ch. 38, pars. 33E3 or 33E4)
l) Educational Loan Certification: All
contracts, leases and purchase orders required to be filed by this Part shall
include a statement certifying that the contractor is not in default on an
educational loan as provided in Section 30-15.2 of the School Code (Ill. Rev.
Stat. 1988 Supp., ch. 122, par. 30-15.12). Suggested language for the
certification is set forth below:
The contractor certifies that it is not in default on an
educational loan as provided in Section 30-15.2 of the School Code (Ill. Rev.
Stat. 1988 Supp., ch. 122, par. 30-15.12).
