University of Illinois
University Ethics Office
ETHICS-RESPECT-TRUST-INTEGRITY-VALUES-HONESTY-RESULTS
Frequently Asked Questions
Last Updated 2/1/12 (Procurement Code changes)
- Where is the Procurement Communications Reporting System?
Effective January 1, 2011, the Procurement Policy Board's communication Web site will be available at: http://pcrs.illinois.gov. For University employees, self-registration will be required prior to accessing the site to process a communications report.
- When I first log in to the Procurement Communications Reporting System and reset the default password, should I use my existing University password?
Because the Procurement Communications Reporting System is external to the University of Illinois, we DO NOT recommend use of your existing University password. For security purposes, we recommend the establishment of a unique password used only for this site.
- Who do I contact if I have further questions regarding reportable communications or use of the Procurement Communications Reporting System?
For questions regarding a decision to report a communication, please contact the University Ethics Office at ethicsofficer@uillinois.edu or by calling 217-206-6202. For technical assistance, you may call the Procurement Call Center at 866-455-2897 or by emailing ppb.pcrs@illinois.gov. Please note that if the Ethics Office can not immediately respond to your question regarding the required reporting of a communication, advice will be sought through the Executive Ethics Commission.
- How soon after the communication am I required to submit the report via the Procurement Communications Reporting System?
Reports must be submitted within 30 days. We recommend communications be processed very soon after the actual event to ensure the reporting is not overlooked, which could result in both criminal and disciplinary action.
EEC Reviewed Response 1/7/11
- I am a University procurement card (P-Card) holder and am responsible for purchasing boxed lunches for University sponsored training events. In an effort to secure the best pricing, I contacted at least three local vendors for per meal prices prior to ordering. The total transaction will be less than $500. Am I required to report each of the three communications via the Procurement Communications Reporting System?
So long as the communications with the vendors were limited to factual information, such as the price and contents of the boxed lunches, those communications are not "material," i.e., they were not made for the purpose of influencing a procurement decision and do not need to be reported. For example, if the communication from the vendor is limited to "you can have three choices of sandwiches: ham, roast beef, or tuna salad, a bag of chips, and an apple for $4.95," that would not be a material communication and would not need to be reported. If, however, you and the vendor were to attempt to negotiate an exclusive and unique pricing arrangement, that communication would be considered material and should be reported.
EEC Reviewed Response 1/7/11
- As a faculty member and grant applicant, I am required to develop a preliminary budget for grant applications. My project will require the acquisition of equipment. To develop a reasonable budget, I need to contact potential vendors for an informal/non-binding estimate. Am I required to report each of these communications via the Procurement Communications Reporting System, realizing that I may not be awarded the grant or have the opportunity to procure the equipment in future years?
No. If the faculty member is simply seeking quotes, it would not appear that the communication was made for the purpose of influencing a procurement decision. Instead, the vendor is communicating facts about a current price.
EEC Reviewed Response 1/7/11
- Is there any materiality level with respect to the estimated purchase price for reporting of procurement related communications? For example, would price quotes for refreshments for a multi-campus meeting require reporting considering the time taken to report may well exceed the cost of the transaction?
At this time there is no dollar threshold, below which, material communications do not require reporting. Rules are being promulgated that may address this issue. In the meantime, all material communications must be reported. For the example above, so long as the communication simply provides price quotes, it would not be considered material, regardless of the amount of the proposed purchase, and would therefore not need to be reported.
EEC Reviewed Response 1/7/11
- I am a medical doctor and am having a discussion with a medical equipment vendor regarding the best equipment option for a particular medical procedure. Am I required to report this communication via the Procurement Communications Reporting System?
This communication may develop into a "sales pitch," and if it does, it is probably material and should be reported. If, however, the communication is limited to facts such as the features and price of the equipment, it might not be material and would not need to be reported.
EEC Reviewed Response 1/7/11
- A committee of 15 researchers has been formed to review equipment for a large NSF grant project. This committee is responsible for meeting with vendors while the vendors showcase their product and answer committee members' questions. Ultimately, an equipment purchase will be made based on results of the bid responses. Am I responsible for reporting each of these meetings within the Procurement Communications Reporting System?
Yes, unless the communications with the vendors are made publicly in a public forum. Otherwise, each University employee who "receives" this communication must report it separately. - I noted that communications held in a public forum do not require reporting in the Procurement Communications Reporting System. What is a public forum?
A public forum is a public meeting that satisfies the notice requirements of the Open Meetings Act. Statements made publicly in a public forum need not be reported. The Executive Ethics Commission is considering other ways to create a public forum in addition to satisfying the notice requirements of the Open Meetings Act.
EEC Reviewed Response 1/7/11
- What is the penalty to a University employee for not reporting a required communication?
Penalties are specifically outlined in 30 ILCS 500/50-39 as follows, "An employee who knowingly and intentionally violates this Section shall be subject to suspension or discharge."
EEC Reviewed Response 1/7/11
- What happens to the communication report I submit via the Procurement Communications Reporting System?
Your report may be reviewed by the State Purchasing Officer (SPO) for malicious content. To avoid malicious content, your report should be factual and made with the understanding that it will likely be released to the public. After review, the report will then be posted to the Procurement Policy Board Web site for view and search by the general public.
EEC Reviewed Response 1/7/11
- To what level of detail am I required to report?
You are required to report a detailed summary of the points made by each person involved in the communications. This report should be crisp and factual.
EEC Reviewed Response 1/7/11
- What information do I need to have available to complete a procurement communications report?
You should have the following information available at the time you begin a report:
- Name, title, phone number, and email address, if via email, of the person you communicated with (vendor employee)
- Name of vendor company
- Date and time of communication
- Length of communication in minutes if not written
- Action requested
- Summary of communication
- List of participants including name, title, telephone number, and email address
EEC Reviewed Response 1/7/11
- What do I do if I do not have the necessary information for all required fields?
To the extent possible, you should complete all required fields. If the information is not readily available or not locatable via an internet search, required fields can be populated with "00000000".
EEC Reviewed Response 1/7/11
- If my material procurement related communication was via email, can I simply copy and paste in the email communication as opposed to writing a summary of the communication?
Yes. You may copy and paste in the email contents. You should be careful NOT to include any proprietary, copyright, or private information. Such level of detail is not necessary.
EEC Reviewed Response 1/7/11
- If I attend a vendor expo or similar event whereby multiple vendors are on-site showcasing their products, do I need to report the discussions I have at the event?
Discussions that are more general in nature where you are simply learning basic facts about companies and their offerings would not need to be reported under the public forum exemption. However, any discussions that go into greater detail regarding a current or future need, extending beyond the basic information-gathering, would be considered material in regard to procurement decisions and would therefore need to be reported.
EEC Reviewed Response 1/7/11
- If I am purchasing supplies through I-Buy, would I be required to report material procurement related discussions with the I-Buy vendor?
If the supply you are purchasing is a punch-out item, the University already has an existing contract with the vendor for that item. Per the Procurement Policy Board, communications related to purchases under an existing contract DO NOT require reporting unless the communication is related to the execution of a change order. However, if the supply is a non-catalog item and you have had discussions with the vendor leading to the purchase, you would need to report the material discussion through the Procurement Policy Board's communication Web site at http://pcrs.illinois.gov.
EEC Reviewed Response 1/7/11
- My department is purchasing commodities through an existing IPHEC contract. Are procurement communications related to an IPHEC contract required to be reported
?
No. Contracts exist for commodities available through an IPHEC agreement; hence, no reporting is required. Per the Procurement Policy Board, communications related to purchases under an existing contract do not require reporting unless the communication is related to the execution of a change order.
EEC Reviewed Response 1/7/11 - I went to Wal-Mart to make a purchase with my P-Card. There was no communication with any vendor regarding the sale. Am I required to report this to the Procurement Policy Board?
No. Only those situations where a material communication actually took place related to the procurement of goods or services are required to be reported. In this scenario, no communication took place and as a result, no reporting is required.
EEC Reviewed Response 1/7/11
- I went online to book a flight and hotel for an upcoming conference. I used an online booking tool (e.g., Expedia, Travelocity, Orbitz) but did not hold any actual conversations with regard to pricing and booking the travel. Do I need to report anything?
No. Only those situations where a material communication actually took place related to the procurement of goods or services are required to be reported. In this scenario, no communication took place and as a result, no reporting is required.
EEC Reviewed Response 1/7/11 - Am I required to tell the person I am communicating with that I must report the communication?
No. You are not required by law to disclose this reporting requirement. However, since the communication will become public information, informing the individual would be considered good business practice. An example communication follows:
"I want to inform you of a new procurement communications reporting requirement resulting from recent changes in the Illinois Procurement Code. Effective January 1, 2011, I am required to summarize conversations that are material to University of Illinois procurement decisions in an online Web site. Communications regarding vendor selection, specifications, and pricing are required to be reported. If you are interested, you may review the Web site and the reporting system at http://pcrs.illinois.gov ."
EEC Reviewed Response 1/7/11 - Does the communication reporting requirement end once a contract has been awarded, or is reporting required through complete execution of a contract?
Once a contract has been awarded, the communications reporting requirement ends while the agency and prospective vendor negotiate the final terms of the contract.
EEC Reviewed Response 1/7/11
- Do all change orders, including those with negative dollar values (overall contract price decrease) or changes to scope that may contain increases or decreases in price, have to be submitted to the Procurement Policy Board's Web site?
Section 50-39(a) of the Procurement Code specifically mentions change orders, so, yes, they need to be reported so long as the vendor or another person is attempting to influence the decision to make the change order, i.e., it is a "material" communication. Many communications related to change orders are not intended to influence that decision. Also, the fact that a particular change order is reflected as a possibility in the original contract should be taken into account in determining whether the vendor or another person is attempting to influence the decision.
EEC Reviewed Response 1/7/11 - Do I have to ever change my password for the Procurement Communications Reporting site?
Yes. Your password is set to expire several times per year, however you will receive a reminder email notification that the password is going to expire. Each time you get this reminder you will have to go to the following site to change the password: https://www.partner.illinois.gov . It is important you change your password when prompted. If your password expires, the reactivation process is significantly more cumbersome. If you have any difficulties or do not change the password before it expires, you can call the CMS Service Desk at 1-800-366-8768 for assistance. You will choose option1 and then sub-option 1 when prompted.
- Who can I call to have my password reset?
You can call the CMS Service Desk at 1-800-366-8768 for assistance in resetting your password. You will choose option1 and then sub-option 1 when prompted.
- Food Services staff frequently communicates with large food manufacturers, such as Tyson Foods, about the market availability, demand, and price of meat, produce, and other food products. The University does not directly purchase or procure any products from these manufacturers. Instead, the manufacturers, such as Tyson, sell their products to distributors and the University purchases the consumables from distributors, who are supplied by these food manufacturers. Are University staff who communicate with Tyson and similar entities required to report these communications?
No. If the communication does not directly relate to the procurement of goods, and instead, details product research and best practices, procurement reporting of these communications is not required. Also, unless conversations with the distributor or related to a contract or change order, or include price negotiation, discounts, bulk purchases, etc., they would not need to be reported .
EEC Reviewed Response 1/13/11 - I contacted a nearby hotel to arrange for an event and in the course of the call with this vendor, I was transferred to three separate parties to negotiate the catering, guest room rates, and space for the function to be held. In this situation, there was only one phone call placed to the vendor, but three separate and distinct negotiated elements of a contract took place. Should this communication be reported to the PPB in three separate reports or in one report with the details of the three communications discussed in the communication summary?
It is recommended that only one report to the PPB is necessary. However, information detailing all three procurement communications should be summarized in the report.
EEC Reviewed Response 1/22/11 - I was just cc'd on a procurement related communication from a vendor. The communication includes detailed information regarding special pricing discounts being provided to the University of Illinois based on ongoing negotiations. Do I have to report this communication or is only the person in the "To" field required to input a report into the Procurement Communications Reporting System?
Since you were cc'd on a communication from a vendor that does meet the reporting requirements, both you and the primary recipient will need to report the communications. If the communication does not meet the reporting requirements, neither would need to submit a report. If, however, one University employee forwards the message to another University employee, that would not be reportable .
EEC Reviewed Response 1/27/11 - A committee is evaluating a RFP for a bookstore provider and would like to invite 2 to 3 vendors to campus for presentations. Do the communications with each vendor inviting them to present on campus need to be reported?
No. It appears the communication to invite the vendors to campus is not an attempt to influence a procurement decision, so no reporting is required. However, the communications with vendors during the presentation would be material and an attempt to influence a purchasing decision; therefore, such communications should be reported by each attendee, unless the presentations were held in a public forum.
EEC Reviewed Response 1/27/11 - I am an employee who was involved in a procurement communication that needs to be reported. How do I get an illinois.gov ID so I can submit a report?
University of Illinois employees who need to submit a report to the PPB must provide the following information to the University Ethics Office via email at: ethicsofficer@uillinois.edu to obtain a user name and password for the Procurement Communications Reporting Web site (http://pcrs.illinois.gov):
- First name
- Middle initial
- Last name
- UIN (University Identification Number - from icard)
- Netid
- Email address
- Campus code (single digit number)
- College code (two-letter code)
- Department code (three-digit number)
The University Ethics Office submits ID requests weekly to CMS, so you will be emailed with your ID and password within one week of submission. Reports need to be submitted within 30 days of occurrence.
- I am writing a grant/funding proposal and a related scope of work that involves a collaborating organization. The collaborating organization has required the University and me to sign a Non-Disclosure Agreement (NDA) to protect its proprietary information. Should I report discussions related to the grant proposal and project scope of work in the PPB Procurement Communications Reporting System?
No. It is important to carefully place a wall between the development of a funding proposal and any resulting procurement for equipment, goods, or services. Discussions regarding the development of the grant/funding application and the scope of work typically would not be considered procurement activities. If the conversation is not material to a specific purchase order, PCard transaction, RFP, etc., most likely the conversation is not procurement-related. Note: Please consult with the University Ethics Office prior to reporting ANYTHING that may be considered covered by an NDA or that may be proprietary information.
If later in the relationship or project the University determines that equipment, goods or services are needed, the collaborating organization may become a potential vendor, thereby requiring reporting. This reporting would be strictly supplier/vendor related and should not cross into any areas covered by the NDA.
- The University has a maintenance and support contract with a vendor relating to computer hardware and software. I plan to meet with the vendor to discuss evolving features/functionality in the product's life-cycle. The vendor required me to sign a NDA to protect the secrecy of its undisclosed intellectual property. Would I need to report my discussions with the vendor relating to the future capability or features of its product in the PPB Procurement Communications Reporting System?
No. Discussions regarding a vendor's development of future features/functionality that may be of interest to the University typically would not be considered procurement activities if the conversation is not material to a specific purchase order, PCard transaction, or RFP. Note: Please consult with the University Ethics Office prior to reporting ANYTHING that may be considered covered by an NDA or that may be proprietary information.
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My password has expired on the Procurement Communications Reporting Web site. What are the criteria to reset it?
Passwords cannot contain the user's account name or parts of the user's full name that exceed two consecutive characters. Additionally, passwords must be at least 7 characters long and meet three of the four following criteria:
- English uppercase characters (A through Z)
- English lowercase characters (a through z)
- Base 10 digits (0 through 9)
- Non-alphabetic characters (for example, !, $, #, %)
- The University has a multi-year contract for goods with ABC vendor that was entered into after a formal bid process. In that multi-year contract, the pricing clause indicates that prices will be updated annually with price increases not to exceed X%. When I call the vendor to obtain pricing for the current year within the contracted period, do I need to complete a procurement communications report?
No, a procurement communications report is not required because this communication relates to a current contract under existing terms. The communication does not involve renegotiation or a change order since the change is within the existing contract.
- What are the December 2011 changes to the Procurement Code that impact reporting requirements?
The following procurement communications are now exempt from the reporting requirement and do not need to be reported to the PPB:
- Memberships in professional, academic, or athletic organizations on behalf of the University, an employee, or a student.
- Procurements for events or activities paid exclusively by revenues generated by the event, gifts or donations for the event or activity, or any combination thereof.
- Procurement for events or activities for which the use of specific vendors is mandated or identified by the sponsor, provided that sponsor is providing the majority of the funding.
- Expenditures necessary to provide artistic or musical services, performances, or productions held at a venue operated by the University.
- Expenditures for periodicals and books procured for use by the University library or academic department, except for expenditures related to textbooks for student use or materials for resale or rental.
EEC Reviewed Response 1/7/11
ETHICS-RESPECT-TRUST-INTEGRITY-VALUES-HONESTY-RESULTS
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