Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 360 - GENERAL CONDITIONS OF STATE OF ILLINOIS GRANTS FOR SEWAGE TREATMENT WORKS UNDER THE ANTI-POLLUTION BOND ACT OF 1970 › Subpart C - REQUIREMENTS APPLICABLE TO APPLICATIONS FOR GRANTS › Section 360.305 - Compliance With Procurement Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) Grantee responsibility
The grantee is responsible for selecting the low, responsive,
				  and responsible bidder or other contractor in accordance with applicable
				  requirements of state, or local laws or ordinances, as well as the specific
				  requirements of state and federal law or this grant agreement directly
				  affecting the procurement (for example, the non-restrictive specification
				  requirement or the equal employment opportunity requirement) and for the
				  initial resolution of complaints based upon alleged violations. If complaint is
				  made to the Agency concerning an alleged violation of any law or of this grant
				  agreement in the procurement of construction services or materials for a
				  project involving Step 3, the complaint will be referred to the grantee for
				  resolution. The grantee shall promptly determine each such complaint upon its
				  merits concerning the proposed procurement. The grantee must promptly furnish
				  to the complaining party and to other affected parties, by certified mail, a
				  written summary of its determination, substantiated by an engineering and legal
				  opinion, providing a justification for its determination.
b) Arbitration
Disputes between the grantee and any party adversely affected
				  by the determination of the grantee made pursuant to Section 360.305(a) above
				  shall be resolved by binding arbitration by a single arbitrator, in accordance
				  with the Construction Industry Arbitration Rules of the American Arbitration
				  Association. This agreement to arbitrate shall be specifically enforceable
				  under the arbitration laws of the State of Illinois (Ch. 10 Ill. Rev. Stat.
				  1975, Sections 101-123). The award rendered by the arbitrator shall be final,
				  and judgement may be entered upon it in any court having jurisdiction thereof.
				  A copy of the arbitration award shall be provided to the Agency immediately
				  upon its issuance.
c) Time
				limitations
Complaints should be made pursuant to Section 360.305(a) of
				  this general condition as early as possible during the procurement process,
				  preferably prior to issuance of an invitation for bids to avoid disruption of
				  the procurement process: Provided, That a complaint authorized by Section
				  360.305(a) of this general condition must be mailed by certified mail (return
				  receipt requested), or delivered, no later than five working days after the bid
				  opening. A request for arbitration pursuant to paragraph Section 360.305(b) of
				  this general condition must be made to the American Arbitration Association
				  within one week after the complaining party received the grantee's adverse
				  determination.
d) Deferral
				of procurement action
Where the grantee has received a written complaint pursuant
				  to Section 360.305(a) of this general condition, it must defer issuance of its
				  solicitation or award or notice to proceed under the contract (as appropriate)
				  for ten days after mailing or delivery of any written adverse determination. If
				  a determination is made by either the grantee or the arbitrator which is
				  favorable to the complaint, the terms of the solicitation must be revised or
				  the contract must be awarded (as appropriate) in accordance with such
				  determination.
e)
				Enforcement
Noncompliance with the provisions of this grant affecting
				  procurement will result in:
1) Total
				or partial termination of the grant pursuant to General Condition Section
				360.103,
				(Termination) hereof;
2)
				Ineligibility for grant assistance which could otherwise be awarded under this
				grant; or
3) Disallowance of
				project costs incurred in violation of the provisions of this grant offer or
				applicable laws, as determined by the Agency.