reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 950 - PREQUALIFICATION AND BIDDER RESPONSIBILITY › Subpart B - SUSPENSION, DEBARMENT, MODIFICATION OF ABILITY TO BID, AND CONDITIONAL PREQUALIFICATION › Section 950.210 - Causes for Suspension, Debarment, Modification of Ability to Bid, or Conditional Prequalification

Current through Register Vol. 48, No. 28, July 12, 2024
CDB may determine a contractor is not responsible and
				  suspend, debar or otherwise modify or issue a conditional prequalification
				  based upon one or more of the following:
a) Failure to satisfactorily perform work on
				CDB contract(s), private contract(s), or other governmental contracts. (See
				also Section
				950.220.)
b) Breach of the terms of a CDB contract(s),
				private contract(s), or other governmental contract(s). (See also Section
				950.220.)
c) Making false or
				misleading statements, or failing to disclose or update significant information
				in connection with CDB procedures or documents, including but not limited to
				the contractor bidder responsibility application.
d) Violation of civil or criminal federal or
				State statutes or administrative rules and regulations. In the case of criminal
				violations, indictment or filing of formal charges by information (complaint)
				shall constitute adequate evidence for a determination of
				non-responsibility.
e) Financial
				instability which may be evidenced by bankruptcy, failure to timely pay
				subcontractors, difficulty in obtaining acceptable bonding, attempts to assign
				contract proceeds, or other indications of serious business management
				deficiencies.
f) Failure to
				understand, accept or utilize CDB procedures and standards, or abuse of CDB
				procedures and standards, which results in the extraordinary expenditure of CDB
				resources.
g) Commission of
				embezzlement, theft, forgery, bribery, falsification or destruction of records,
				making false statements, receiving stolen property, or conduct indicating a
				lack of business integrity or business honesty that seriously and directly
				affects the present responsibility of a contractor.
h) Suspension, debarment, or limits on
				bidding contracts by any other governmental body.
i) Excessive bid withdrawals on CDB
				projects.
j) Any other cause of so
				serious or compelling a nature that it affects the responsibility of a
				contractor.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 950 - PREQUALIFICATION AND BIDDER RESPONSIBILITY › Subpart B - SUSPENSION, DEBARMENT, MODIFICATION OF ABILITY TO BID, AND CONDITIONAL PREQUALIFICATION › Section 950.220 - Failure to Satisfactorily Perform Work on or Breach of the Terms of CDB Contracts, Private Contracts, or Other Governmental Contracts

Current through Register Vol. 48, No. 28, July 12, 2024
CDB may take action upon prequalification for the
				  contractor's failure to satisfactorily perform work on or breach of the terms
				  of CDB contracts, private contracts, or other governmental contracts, such as,
				  but not limited to, one or more of the following:
a) Failure to timely submit proper post-award
				documents, such as, but not limited to, bonds, certificates of insurance, and
				MBE/FBE subcontractor/supplier certifications.
b) Failure to attend or to be properly
				prepared for pre-construction meetings, pay/progress meetings, or other
				required meetings set by the project A/E, CDB, or the coordinating
				contractor.
c) Failure to timely
				provide schedule submittals or shop drawings.
d) Failure to meet the project schedule for
				any reason reasonably within the control of the contractor.
e) Failure to provide an acceptable quality
				of supervision.
f) Failure to
				provide a supervisor authorized to make timely field decisions on behalf of the
				firm.
g) Failure to provide
				sufficient manpower.
h) Failure to
				timely provide acceptable quality equipment, labor, materials, installation,
				subcontractors or suppliers, including the failure to provide licensed
				personnel when necessary.
i)
				Failure to keep updated as-builts in the field.
j) Failure to follow directives provided by
				the project A/E or CDB within the scope of the contract documents.
k) Failure to cooperate with other parties to
				the project to timely resolve project problems that arise.
l) Failure to understand, accept or utilize
				CDB procedures and standards, or abuse of CDB procedures and standards that
				results in paper delays, project delays, or the extraordinary expenditure of
				CDB resources.
m) Failure to
				provide timely and appropriate pay request documents, including, but not
				limited to, the Contractor's Schedule of Values form (Development),
				Contractor's Affidavit and Sworn Statement form (CASS), and lien
				waivers.
n) Failure to timely
				submit Requests for Proposals and Change Order documents (RFP/CO), including,
				but not limited to, adequate documentation of actual direct costs and pricing
				within conventional industry parameters for public contracts.
o) Failure to timely complete punch list
				items and contract close-out documents.
p) Failure to demonstrate good faith efforts
				to meet Fair Employment Practices (FEP) requirements and MBE/FBE
				goals.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 950 - PREQUALIFICATION AND BIDDER RESPONSIBILITY › Subpart B - SUSPENSION, DEBARMENT, MODIFICATION OF ABILITY TO BID, AND CONDITIONAL PREQUALIFICATION › Section 950.230 - Interim or Emergency Suspension or Modification Pursuant to Section 16 of the Capital Development Board Act

Current through Register Vol. 48, No. 28, July 12, 2024
a) CDB may suspend or modify a contractor's
				prequalification without a prior hearing, or administrative procedure provided
				in Subpart D, for one or more of the following causes:
1) The public interest, safety or welfare
				requires such suspension or modification.
2) An event or series of events, including,
				but not limited to:
A) The filing of an
				indictment or of formal charges by information (complaint) charging the firm or
				a key person with the firm with a crime.
B) Suspension or modification of a license or
				prequalification by another State agency, federal agency or other branch of
				government after hearing or by agreement.
C) Failure to comply with applicable laws,
				including, but not limited to, the Minority and Female Business Enterprise Act
				[30 ILCS 575 ], the Prevailing Wage Act [820 ILCS 130 ], the Steel Products
				Procurement Act [530 ILCS 565 ], and requirements relating to occupational
				licensing.
D) Material breach of a
				contract, including, but not limited to, one or more of the causes set forth in
				Section
				950.220.
E) Failure to satisfactorily perform work on
				or breach of a CDB contract, including, but not limited to, one or more of the
				causes set forth in Section 950.220, when:
i)
				The issue has been brought to the attention of firm management in
				writing;
ii) All levels of CDB
				construction administration have met with firm representatives and discussed
				the issue;
iii) CDB conveys to the
				contractor what action or nonaction is necessary and in accordance with the
				contract documents;
iv) CDB has
				initiated contractual remedies as may be appropriate, such as, but not limited
				to, stopping the work, rejecting the work, carrying out the work, or ordering
				acceleration of the work; and
v)
				The contractor willfully and unreasonably refuses to comply or to obtain
				subcontractors, personnel, or other resources that would enable it to
				comply.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 950 - PREQUALIFICATION AND BIDDER RESPONSIBILITY › Subpart B - SUSPENSION, DEBARMENT, MODIFICATION OF ABILITY TO BID, AND CONDITIONAL PREQUALIFICATION › Section 950.240 - Denial of Prequalification

Current through Register Vol. 48, No. 28, July 12, 2024
a) This Section is applicable to contractors
				who are one of the following:
1) First-time
				applicants for CDB prequalification.
2) Firms who sent a renewal application that
				arrived at CDB after the prequalification expiration date or could not
				reasonably be processed before the expiration date.
3) Firms who sent a renewal application that
				was incomplete or insufficient, so that CDB could not reasonably process the
				application before the expiration date.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 950 - PREQUALIFICATION AND BIDDER RESPONSIBILITY › Subpart B - SUSPENSION, DEBARMENT, MODIFICATION OF ABILITY TO BID, AND CONDITIONAL PREQUALIFICATION › Section 950.250 - Increase or Decrease of Financial Prequalification Rating (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 950 - PREQUALIFICATION AND BIDDER RESPONSIBILITY › Subpart B - SUSPENSION, DEBARMENT, MODIFICATION OF ABILITY TO BID, AND CONDITIONAL PREQUALIFICATION › Section 950.260 - Aggregate Dollar Amount of Contracts (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 950 - PREQUALIFICATION AND BIDDER RESPONSIBILITY › Subpart B - SUSPENSION, DEBARMENT, MODIFICATION OF ABILITY TO BID, AND CONDITIONAL PREQUALIFICATION › Section 950.270 - Contracts More than Seventy Percent (70%) Completed (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 950 - PREQUALIFICATION AND BIDDER RESPONSIBILITY › Subpart B - SUSPENSION, DEBARMENT, MODIFICATION OF ABILITY TO BID, AND CONDITIONAL PREQUALIFICATION › Section 950.280 - Joint Ventures (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 950 - PREQUALIFICATION AND BIDDER RESPONSIBILITY › Subpart B - SUSPENSION, DEBARMENT, MODIFICATION OF ABILITY TO BID, AND CONDITIONAL PREQUALIFICATION › Section 950.290 - Appeal of Prequalification Rating (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 950 - PREQUALIFICATION AND BIDDER RESPONSIBILITY › Subpart C - APPLICATION OF CDB ACTION › Section 950.300 - General

Current through Register Vol. 48, No. 28, July 12, 2024
Suspension, debarment, nullification of prequalification,
				  modification of prequalification, or issuance of conditional prequalification
				  by CDB is applicable to a contractor's direct contracts with CDB and to
				  subcontracts on CDB projects, unless otherwise determined under Section
				  950.360.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 950 - PREQUALIFICATION AND BIDDER RESPONSIBILITY › Subpart C - APPLICATION OF CDB ACTION › Section 950.310 - Violation of CDB Order

Current through Register Vol. 48, No. 28, July 12, 2024
When a contractor works as a subcontractor on a CDB project
				  in violation of Section
				  950.300, continues to
				  submit bids on CDB projects when prohibited, or otherwise violates terms or
				  conditions imposed by CDB, CDB may extend the term of suspension, debarment,
				  nullification, modification, or conditional prequalification, or otherwise
				  suspend, limit or condition the ability to bid on contracts with
				  CDB.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 950 - PREQUALIFICATION AND BIDDER RESPONSIBILITY › Subpart C - APPLICATION OF CDB ACTION › Section 950.320 - Nullification of Prequalification

Current through Register Vol. 48, No. 28, July 12, 2024
When CDB determines that a contractor has knowingly made a
				  material misrepresentation in its application for prequalification, the
				  contractor may not re-apply to CDB for a period of three years.
a) When the contractor has not previously
				applied to CDB, or it failed to reapply, the three year period shall begin on
				the date of the submittal of the application.
b) When the contractor has been determined to
				be responsible in error, the three year period shall begin on the date the
				current responsibility determination was made.
c) CDB will notify the contractor of the
				nullity. The contractor may, within 30 days after notification, submit a
				written explanation with supporting documentation for CDB's review.
d) CDB may cancel awards or terminate any
				contracts awarded that were based upon the application with
				misrepresentations.
e) A material
				misrepresentation is made by knowingly submitting any untrue, misleading or
				deceptive information or document containing such information, or by the
				concealment, suppression or omission of any information, in or from an
				application, which causes CDB to act differently than it would have if it had
				known the undisclosed or true information.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 950 - PREQUALIFICATION AND BIDDER RESPONSIBILITY › Subpart C - APPLICATION OF CDB ACTION › Section 950.330 - Denial of Award of Contract

Current through Register Vol. 48, No. 28, July 12, 2024
Notwithstanding any other provisions in this Part, if CDB
				  finds a contractor non-responsible due to one or more causes set out in Section
				  950.210
				  of this Part, CDB may deny the contractor the award of a
				  contract.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 950 - PREQUALIFICATION AND BIDDER RESPONSIBILITY › Subpart C - APPLICATION OF CDB ACTION › Section 950.340 - Debarment

Current through Register Vol. 48, No. 28, July 12, 2024
CDB may debar a contractor to exclude it from bidding on CDB
				  projects as provided herein or otherwise provided by statute. CDB will consider
				  debarment in cases so serious and egregious in nature that a loss in excess of
				  five years up to a permanent loss of bidding privileges may be warranted. In
				  addition to the causes listed in Section
				  950.210,
				  causes for debarment may include but not be limited to multiple or repetitive
				  criminal convictions or multiple non-responsibility determinations. Actions to
				  debar a contractor shall not prevent CDB from taking any other action under
				  this Part. Following a period of debarment, when a contractor submits a
				  prequalification application to CDB, the application shall be deemed to be a
				  first-time application rather than one for renewal.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 950 - PREQUALIFICATION AND BIDDER RESPONSIBILITY › Subpart C - APPLICATION OF CDB ACTION › Section 950.350 - Reapplication for Prequalification

Current through Register Vol. 48, No. 28, July 12, 2024
When a contractor submits a prequalification application to
				  CDB following a denial, or during or following a period of debarment,
				  suspension, nullification, modification of ability to bid, or conditional
				  prequalification, the contractor must affirmatively demonstrate its
				  responsibility, including demonstrating that the reason for the denial, or
				  imposition of suspension, debarment, nullification, modification, or condition,
				  has been remedied.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 950 - PREQUALIFICATION AND BIDDER RESPONSIBILITY › Subpart C - APPLICATION OF CDB ACTION › Section 950.360 - Extension of CDB Action

Current through Register Vol. 48, No. 28, July 12, 2024
The effect of action imposed by CDB will extend to all
				  affiliates, branches, subsidiaries, divisions, or parent firms of the
				  contractor, and to any firm in which the contractor or its key persons have a
				  legal or beneficial interest, unless CDB determines otherwise in
				  writing.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 950 - PREQUALIFICATION AND BIDDER RESPONSIBILITY › Subpart C - APPLICATION OF CDB ACTION › Section 950.370 - Effect on Current Contracts

Current through Register Vol. 48, No. 28, July 12, 2024
Current CDB contracts may be terminated when a contractor is
				  determined to be non-responsible and it is in the public interest to do so,
				  whether or not the non-responsibility has a direct connection with the current
				  contract. Contracts may be terminated with or without further action on the
				  contractor's prequalification.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 950 - PREQUALIFICATION AND BIDDER RESPONSIBILITY › Subpart C - APPLICATION OF CDB ACTION › Section 950.380 - Basis of Decisions

Current through Register Vol. 48, No. 28, July 12, 2024
CDB shall make determinations as appropriate concerning the
				  substance of a contractor's business as opposed to its form, and base its
				  decisions on the substance. When a contractor attempts to evade the effects of
				  a possible or actual finding of non-responsibility by changes of address,
				  multiple addresses, changes in personnel or their titles, formation of new
				  companies, or by other devices, CDB may take action pursuant to Section
				  950.200
				  and Subpart C of this Part.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 950 - PREQUALIFICATION AND BIDDER RESPONSIBILITY › Subpart C - APPLICATION OF CDB ACTION › Section 950.390 - Settlement

Current through Register Vol. 48, No. 28, July 12, 2024
Notwithstanding any provision of this Part, the parties to
				  any contested matter concerning contractor prequalification may at any time
				  enter into an agreement to resolve prequalification issues by
				  settlement.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 950 - PREQUALIFICATION AND BIDDER RESPONSIBILITY › Subpart D - PROCEDURES › Section 950.400 - Review

Current through Register Vol. 48, No. 28, July 12, 2024
When information which places a contractor's responsibility
				  and prequalification in question comes to CDB's attention, CDB shall review the
				  facts and documentation. If further inquiry is desirable, it may do such
				  further inquiry, which may result in an informal conference with the contractor
				  and its appropriate staff members with CDB. If such conference is intended by
				  CDB to be the first step in the administrative process, written notice will be
				  sent pursuant to Section
				  950.410. The
				  contractor's failure to appear at the conference shall be construed to indicate
				  the contractor does not wish to contest the matter and rights to further
				  administrative procedures shall be forfeited.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 950 - PREQUALIFICATION AND BIDDER RESPONSIBILITY › Subpart D - PROCEDURES › Section 950.410 - Conference

Current through Register Vol. 48, No. 28, July 12, 2024
a) Unless proceedings
				under Section 16 of the CDB Act [20
				ILCS 3105/16 ] are justified, prior to suspending,
				conditioning, modifying or nullifying a contractor's prequalification or
				debarring a contractor, CDB will notify the contractor in writing of its
				intention to take such action and the basis of the action, and will request
				that the contractor attend an informal conference with CDB personnel.
b) When requesting a conference with a
				contractor, CDB's letter shall request that the contractor bring to the
				conference any documents, personnel, or other information pertinent to
				responsibility that it wishes for CDB to consider. The contractor may bring its
				attorney to the conference, if desired. Within a reasonable time in advance of
				the conference, CDB shall furnish the contractor with all information in its
				possession that it deems pertinent to the responsibility and prequalification
				issue, and shall further advise the contractor in writing that it has the right
				to inspect its prequalification file.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 950 - PREQUALIFICATION AND BIDDER RESPONSIBILITY › Subpart D - PROCEDURES › Section 950.420 - Executive Director

Current through Register Vol. 48, No. 28, July 12, 2024
Following CDB's conference with the contractor, the committee
				  shall forward a recommendation as to a determination of responsibility and
				  prequalification to the Executive Director for consideration. The contractor
				  will be notified in writing of the Executive Director's
				  decision.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 950 - PREQUALIFICATION AND BIDDER RESPONSIBILITY › Subpart D - PROCEDURES › Section 950.430 - Request for Reconsideration

Current through Register Vol. 48, No. 28, July 12, 2024
Within 15 days after receipt of the Executive Director's
				  decision, the contractor shall make any further appeal to the Executive
				  Director in writing. The appeal shall request reconsideration of the decision
				  and shall include as attachments any and all supporting evidence not previously
				  submitted. CDB shall respond to the request for reconsideration within 15 days
				  after CDB's receipt.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 950 - PREQUALIFICATION AND BIDDER RESPONSIBILITY › Subpart D - PROCEDURES › Section 950.440 - Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
Within 30 days after the contractor's receipt of the
				  Executive Director's decision on the request for reconsideration, the
				  contractor may request a hearing in writing. All administrative procedures in
				  this Subpart D must be exhausted before CDB will consider the request for a
				  hearing. Hearings shall be conducted in accordance with Hearing Procedures (71
				  Ill. Adm. Code 100).
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 950 - PREQUALIFICATION AND BIDDER RESPONSIBILITY › Subpart D - PROCEDURES › Section 950.450 - Burden of Proof

Current through Register Vol. 48, No. 28, July 12, 2024
Any determination pursuant to this Part may be made when CDB
				  possesses documentation of one or more of the factors described in Section
				  950.180,
				  950.210,
				  or
				  950.320.
				  Such documentation constitutes a presumptive determination of
				  non-responsibility. The contractor is entitled to rebut the presumption,
				  through procedures described in this Subpart, but the presumption will not be
				  overturned unless the contractor shows, by a preponderance of evidence, that
				  each factor cited by CDB in support of its determination of non-responsibility
				  is not present. CDB's determinations are final and conclusive unless they are
				  clearly erroneous, arbitrary, capricious, or contrary to law.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 980 - PREQUALIFICATION OF ARCHITECTS AND ENGINEERS › Subpart A - RESPONSIBILITY › Section 980.110 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
The Capital Development Board professional services
				  agreements shall be awarded only to prequalified architects or engineers. An
				  applicant for prequalification must affirmatively demonstrate its
				  responsibility. In the absence of information clearly indicating that the
				  applicant is responsible, CDB shall make a determination of non-responsibility.
				  Only responsible architects or engineers shall be prequalified and permitted to
				  make submittals on CDB projects.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 980 - PREQUALIFICATION OF ARCHITECTS AND ENGINEERS › Subpart A - RESPONSIBILITY › Section 980.130 - Prequalification Required

Current through Register Vol. 48, No. 28, July 12, 2024
CDB shall prequalify A/Es as required by the Architectural
				  Engineering and Land Surveying Qualifications Based Selection (QBS) Act [30
				  ILCS 535 ]. Firms must be prequalified prior to any submittal of qualifications
				  or interest for a specific project and prior to entering a contractual
				  relationship with CDB. All individuals and firms seeking to provide any
				  services regulated by the Department of Professional Regulation on a CDB
				  project shall be prequalified. Prequalification shall be based upon a
				  determination of responsibility from, but not limited to, the information
				  supplied on a properly completed CDB prequalification
				  application.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 980 - PREQUALIFICATION OF ARCHITECTS AND ENGINEERS › Subpart A - RESPONSIBILITY › Section 980.140 - Special Projects

Current through Register Vol. 48, No. 28, July 12, 2024
When CDB determines a construction project is so large or
				  unique that a special A/E responsibility determination is warranted, CDB may
				  set appropriate standards of acceptability different from those set out herein.
				  Other provisions of this Part shall remain applicable.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 980 - PREQUALIFICATION OF ARCHITECTS AND ENGINEERS › Subpart A - RESPONSIBILITY › Section 980.150 - Confidentiality

Current through Register Vol. 48, No. 28, July 12, 2024
Documents relating to responsibility determinations of an A/E
				  shall be maintained by CDB in a separate file and shall remain confidential as
				  records pertaining to occupational registration, except that they shall be
				  subject to complete disclosure to the A/E to which they relate and to units of
				  Federal, State, or local government, including but not limited to, law
				  enforcement agencies. Nothing herein shall be construed to mean that CDB is
				  required to disclose to the A/E the name of any person or organization filing a
				  complaint or providing information to CDB when the complaint or information is
				  used by CDB as the basis for further inquiry into the facts alleged. CDB may
				  release to anyone the A/E prequalification status with CDB. Notwithstanding the
				  foregoing, neither the A/E Performance Evaluations (A/E PE) nor the A/E's
				  written responses to them shall be made available to any other person or
				  firm.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 980 - PREQUALIFICATION OF ARCHITECTS AND ENGINEERS › Subpart A - RESPONSIBILITY › Section 980.160 - Sources for Determining Responsibility

Current through Register Vol. 48, No. 28, July 12, 2024
To determine an A/E's responsibility, CDB may utilize
				  information obtained from one or more of the following sources. In evaluating
				  the information, greater consideration shall be given to the A/E's most recent
				  projects and projects with CDB.
a) A/E
				prequalification application form.
1) A/E
				applications shall require at a minimum:
A)
				Completed application form;
B) The
				disclosure of the name of each key person associated with the firm, and their
				respective percentage of ownership;
C) Work experience relevant to the type of
				practice and profile codes requested;
D) Copies of the individual licenses for sole
				ownership firms transacting business under the individual's real name and
				applicable professional design firm registration with the Department of
				Professional Regulation for all firms;
E) Certification of compliance with statutory
				requirements;
F) Work history
				reference checks. References obtained may be verified and documented by the
				following methods:
i) Telephone reference
				checks; or
ii) Reference
				questionnaire; and
G)
				CDB work history, if CDB projects have been awarded.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 980 - PREQUALIFICATION OF ARCHITECTS AND ENGINEERS › Subpart A - RESPONSIBILITY › Section 980.170 - Department of Professional Regulation Action

Current through Register Vol. 48, No. 28, July 12, 2024
a) Firms prequalified with CDB shall notify
				CDB in writing within 10 working days when the Department of Professional
				Regulation initiates proceedings to refuse to renew, suspend or revoke the
				registration or license of any individual or firm, or to impose any other
				disciplinary sanction.
b) Upon
				notification, prequalification will be reviewed and appropriate action taken
				under Subpart B. In addition, if it is found that notice was not provided as
				required, CDB may take action under Subpart B.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 980 - PREQUALIFICATION OF ARCHITECTS AND ENGINEERS › Subpart A - RESPONSIBILITY › Section 980.180 - Prequalification of Firms and Office Locations

Current through Register Vol. 48, No. 28, July 12, 2024
a) Only legal entities permitted by law to
				practice architecture, engineering, or land surveying shall be prequalified,
				including any office location at which the firm provides architectural or
				engineering services.
b) The A/E
				shall list all office locations that the prequalification shall include and
				indicate any assumed name for each office location if different from the parent
				office. These office locations may be business subsidiaries, divisions,
				branches, etc. that provide professional services under the responsibility of
				the managing agent for the A/E.
c)
				Prequalification shall not be extended to another business location or entity
				of the A/E solely because of an ownership relationship.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 980 - PREQUALIFICATION OF ARCHITECTS AND ENGINEERS › Subpart A - RESPONSIBILITY › Section 980.190 - Trade Codes and Profile Codes

Current through Register Vol. 48, No. 28, July 12, 2024
a) The A/E shall indicate on the application
				form specific trade codes and profile codes within the A/E's type of
				practice(s) in which the A/E has specific areas of knowledge, expertise, or
				experience. The applicant may indicate only those trade codes consistent with
				the applicant's licensed areas of practice.
b) This information may be used by CDB in the
				selection of firms for projects. It does not relieve the firm from providing
				the same or additional information in the statement of qualifications submitted
				for a specific project. CDB may request additional information during the
				prequalification process to verify that the firm possesses the required
				knowledge, expertise or experience to be considered for work in any profile
				code. CDB may deny prequalification in a particular profile code during the
				prequalification process if the firm fails to demonstrate its knowledge,
				expertise or experience to CDB's satisfaction.
c) Demonstration of knowledge, expertise, or
				experience in a profile code may be required to be supported by licenses or
				certification issued by governmental agencies such as the Department of Public
				Health, Illinois Historic Preservation Agency, etc.
d) CDB's decisions regarding the types of
				profile codes granted to an A/E shall not be subject to hearing procedures
				(Section
				980.530 ). However, upon
				request of a firm, a conference to discuss the issue shall be held.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 980 - PREQUALIFICATION OF ARCHITECTS AND ENGINEERS › Subpart A - RESPONSIBILITY › Section 980.200 - Processing of Architect-Engineer Prequalification Application

Current through Register Vol. 48, No. 28, July 12, 2024
a) A/Es must complete a
				prequalification application, including the Financial Interest and Potential
				Conflicts of Interest forms required under Section 50-35 of the Illinois
				Procurement Code [30
				ILCS 500/50-35 ].
b) Processing of applications by CDB may
				require up to 45 days after receipt of all requested information and a
				completed application.
c)
				Applications for renewal will ordinarily be sent to the A/Es approximately 60
				days before the expiration of current prequalification and are available
				electronically on CDB's Internet site at
www.cdb.state.il.us
. A/Es who do not receive
				an application are responsible for obtaining one at least 45 days prior to
				expiration. When all information received is complete and satisfactory,
				processing may take up to 45 days. When any information is incomplete or
				unsatisfactory, a longer processing time will be required. A/Es will be
				notified when information is incomplete or unsatisfactory. Unless otherwise
				specified in writing by CDB, the term of prequalification shall be two years
				from the end of the month the prequalification begins. When prequalification is
				granted, the A/E will be notified in writing of the expiration date, which will
				also be entered on CDB's electronic program. CDB may grant a shorter term of
				prequalification by agreement with the A/E, when a determination is made that a
				shorter period is justified, or when a special prequalification is developed
				specifically for a certain project. Updated or new A/E information including
				the term of prequalification will be entered on CDB's electronic program
				weekly. The electronic program will be capable of, among other things, sorting
				A/Es by profile code to produce lists of A/Es in various profile codes. At the
				beginning of each month, a list of A/Es whose prequalification expires in
				approximately 60 days will be generated.
d) Applications may be sent to CDB by
				facsimile.
e) CDB shall review and
				evaluate each application received, which may include one or more of the
				following actions:
1) Reviewing to determine
				whether the application is filled out in accordance with the instructions
				provided;
2) Contacting work
				references or any other possible sources of pertinent information;
3) Requesting additional information from the
				applicant;
4) Reviewing CDB A/E
				performance evaluations; and
5)
				Meeting with the applicant at the request of CDB or the applicant.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 980 - PREQUALIFICATION OF ARCHITECTS AND ENGINEERS › Subpart B - SUSPENSION, DEBARMENT, MODIFICATION OF PREQUALIFICATION, AND CONDITIONAL PREQUALIFICATION › Section 980.300 - Actions Affecting Responsibility and Prequalification

Current through Register Vol. 48, No. 28, July 12, 2024
At any time, CDB may consider whether an action is warranted
				  concerning an A/E's prequalification. Actions that may be taken include one or
				  more of the following:
a) Interim or
				Emergency Suspension or Modification
CDB may summarily suspend or modify an A/E's prequalification
				  in accordance with Section 16 of the Capital Development Board Act
				  [20
				  ILCS 3105/16 ].
b) Debarment
CDB may debar an A/E to exclude it from making submittals for
				  CDB contracts as authorized by statute. The period of debarment shall be not
				  less than five years and may be permanent when warranted or as authorized by
				  law [20
				  ILCS 3105/16 ].
c) Modification of Prequalification
CDB may modify or restrict an A/E's prequalification as
				  appropriate, including, but not limited to, one or more of the
				  following:
1) Limiting the size or
				type of contracts for which an A/E may submit proposals for a specified period
				of time, or until a current contract is substantially or fully
				complete.
2) Limiting the number of
				CDB contracts an A/E may enter into for a specified period of time, or until a
				current contract is substantially or fully complete.
3) Limiting the aggregate dollar amount of
				contracts the A/E may enter into with CDB.
4) Imposing limits as set forth above pending
				performance on the A/E's next CDB contract(s) in instances where the A/E has no
				current CDB contracts.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 980 - PREQUALIFICATION OF ARCHITECTS AND ENGINEERS › Subpart B - SUSPENSION, DEBARMENT, MODIFICATION OF PREQUALIFICATION, AND CONDITIONAL PREQUALIFICATION › Section 980.310 - Causes for Suspension, Debarment, Modification of Prequalification, and Conditional Prequalification

Current through Register Vol. 48, No. 28, July 12, 2024
CDB may determine an A/E is not responsible and suspend,
				  debar or otherwise modify a prequalification or issue a conditional
				  prequalification based upon one or more of the following:
a) Failure to satisfactorily perform work on
				CDB contract(s), private contract(s), or other governmental contract(s). (See
				also Section
				980.330.)
b) Breach of the terms of a CDB contract(s),
				private contract(s), or other governmental contract(s). (See also Section
				980.330.)
c) Making false or
				misleading statements or failing to disclose or update significant information
				in connection with CDB procedures or documents, including but not limited to
				the prequalification application.
d) Violation of civil or criminal Federal or
				State statutes or administrative rules and regulations. In the case of criminal
				violations, indictment or filing of formal charges by information (complaint)
				shall constitute adequate evidence for a determination of
				non-responsibility.
e) Financial
				instability which may be evidenced by bankruptcy, failure to timely pay
				consultants, difficulty in obtaining acceptable insurance, attempts to assign
				contract proceeds, or other indications of serious business management
				deficiencies.
f) Failure to
				understand, accept or utilize CDB procedures and standards, or abuse of CDB
				procedures and standards, which results in the extraordinary expenditure of CDB
				resources.
g) Commission of
				embezzlement, theft, forgery, bribery, falsification or destruction of records,
				making false statements, receiving stolen property, or conduct indicating a
				lack of business integrity or business honesty that seriously and directly
				affects the present responsibility of an A/E.
h) Suspension, debarment, or limits on
				contracts by any other governmental body.
i) Failure to be properly licensed or
				registered with the Department of Professional Regulation (DPR), being the
				subject of disciplinary sanctions by DPR, or the subject of initiation of
				proceedings by DPR to refuse to renew, suspend or revoke the registration or
				license of the A/E, or to impose any other disciplinary sanction.
j) Any other cause of so serious or
				compelling a nature that it affects the responsibility of an A/E.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 980 - PREQUALIFICATION OF ARCHITECTS AND ENGINEERS › Subpart B - SUSPENSION, DEBARMENT, MODIFICATION OF PREQUALIFICATION, AND CONDITIONAL PREQUALIFICATION › Section 980.320 - Nullification of Prequalification

Current through Register Vol. 48, No. 28, July 12, 2024
When CDB determines that an A/E has knowingly made a material
				  misrepresentation in its application for prequalification, the A/E may not
				  reapply to CDB for a period of three years from the date of the determination
				  of material misrepresentation.
a) CDB
				will notify the A/E of the nullification. The A/E may, within 30 days after
				notification, submit a written explanation with supporting documentation for
				CDB's review.
b) CDB may cancel
				awards or terminate any contracts awarded that were based upon the application
				with misrepresentations.
c) A
				material misrepresentation is made by knowingly submitting any untrue,
				misleading or deceptive information or document containing such information, or
				by the concealment, suppression or omission of any information, in or from an
				application, which causes CDB to act differently than it would have if it had
				known the undisclosed or true information.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 980 - PREQUALIFICATION OF ARCHITECTS AND ENGINEERS › Subpart B - SUSPENSION, DEBARMENT, MODIFICATION OF PREQUALIFICATION, AND CONDITIONAL PREQUALIFICATION › Section 980.330 - Failure to Satisfactorily Perform Work on or Breach of the Terms of CDB Contracts, Private Contracts, or Other Governmental Contracts

Current through Register Vol. 48, No. 28, July 12, 2024
CDB may take action upon prequalification for the A/E's
				  failure to satisfactorily perform work on or breach of the terms of CDB
				  contracts, private contracts, or other governmental contracts, such as, but not
				  limited to, one or more of the following:
a) Failure to timely submit required
				documents and drawings, including record drawings, according to the project
				schedule, causing a delay in the commencement, completion or close out of a
				project.
b) Failure to adequately
				or timely respond to technical review comments and directions.
c) Failure to adhere to contractual document
				requirements.
d) Failure to
				adequately or timely notify CDB of project problems or failure to cooperate
				with other parties to the project to timely resolve problems.
e) Failure to timely or adequately resolve
				design issues.
f) Failure to timely
				or adequately submit budget and estimating documents.
g) Failure to meet quality standards of the
				applicable profession or required codes and standards for a particular type of
				construction.
h) Failure to provide
				proper field administration and observer services.
i) Failure to provide proper personnel or
				proper and timely responses to requests for information in the field.
j) Failure to provide timely and adequate
				record drawings.
k) Failure to meet
				contractual design schedule dates.
l) Failure to timely process change orders
				and contractor pay requests.
m)
				Failure to follow directives from CDB within the scope of the contract
				documents.
n) Failure to attend or
				to be properly prepared for project meetings.
o) Failure to understand, accept or utilize
				CDB procedures and standards, or abuse of CDB procedures and standards that
				results in paper delays, project delays, or the extraordinary expenditure of
				CDB resources.
p) Failure to submit
				proper pay or modification requests, in accordance with the contractual
				provisions, with adequate documentation of costs and pricing within
				conventional industry parameters for public contracts.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 980 - PREQUALIFICATION OF ARCHITECTS AND ENGINEERS › Subpart B - SUSPENSION, DEBARMENT, MODIFICATION OF PREQUALIFICATION, AND CONDITIONAL PREQUALIFICATION › Section 980.340 - Interim or Emergency Suspension or Modification Pursuant to Section 16 of the Capital Development Board Act

Current through Register Vol. 48, No. 28, July 12, 2024
a) CDB may suspend or modify an A/E's
				prequalification without a prior hearing or administrative procedure provided
				in Subpart D, for one or more of the following causes:
1) The public interest, safety or welfare
				requires such suspension or modification.
2) An event or series of events including,
				but not limited to:
A) The filing of an
				indictment or of formal charges by information (complaint) charging the firm or
				a key person with the firm with a crime.
B) Suspension or modification of a license or
				prequalification by another State agency, federal agency or other branch of
				government after hearing or by agreement.
C) Failure to comply with applicable
				laws.
D) Material breach of a
				contract, including, but not limited to, one or more of the causes set forth in
				Section
				980.330.
E) Failure to satisfactorily perform work on
				or breach of a CDB contract, including, but not limited to, one or more of the
				causes set forth in Section
				980.330
				when:
i) The issue has been brought to the
				attention of firm management in writing;
ii) All levels of CDB construction
				administration have met with firm representatives and discussed the
				issue;
iii) CDB conveys to the A/E
				what action or nonaction is necessary and in accordance with the contract
				documents;
iv) The A/E willfully
				and unreasonably refuses to comply or to obtain consultants, personnel, or
				other resources that would enable it to comply.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 980 - PREQUALIFICATION OF ARCHITECTS AND ENGINEERS › Subpart B - SUSPENSION, DEBARMENT, MODIFICATION OF PREQUALIFICATION, AND CONDITIONAL PREQUALIFICATION › Section 980.350 - Denial of Prequalification

Current through Register Vol. 48, No. 28, July 12, 2024
a) This Section is applicable to A/Es who are
				one of the following:
1) First-time
				applicants for CDB prequalification.
2) Firms who sent a renewal application that
				arrived at CDB after the prequalification expiration date or could not
				reasonably be processed before the expiration date.
3) Firms who sent a renewal application that
				was incomplete or insufficient, so that CDB could not reasonably process the
				application before the expiration date.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 980 - PREQUALIFICATION OF ARCHITECTS AND ENGINEERS › Subpart C - APPLICATION OF CDB ACTION › Section 980.400 - General

Current through Register Vol. 48, No. 28, July 12, 2024
Suspension, debarment, nullification of prequalification,
				  modification of prequalification, issuance of conditional prequalification, or
				  denial of prequalification by CDB is applicable to an A/E's direct contracts
				  with CDB and any consultant subcontracts on other contracts on CDB projects,
				  unless CDB determines otherwise in writing.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 980 - PREQUALIFICATION OF ARCHITECTS AND ENGINEERS › Subpart C - APPLICATION OF CDB ACTION › Section 980.410 - Violation of CDB Order

Current through Register Vol. 48, No. 28, July 12, 2024
If an A/E is subject to a CDB order suspending or debarring
				  the A/E, or nullifying or modifying prequalification, or making
				  prequalification conditional, or denying prequalification, and the A/E violates
				  the order in any manner, including but not limited to continuing to make
				  submittals on CDB projects, or working as a subcontracted consultant on a CDB
				  project, CDB may extend the term of suspension, debarment, nullification,
				  modification or conditional prequalification, or otherwise limit or condition
				  the ability to make submittals on contracts with CDB.