Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1 - CHIEF PROCUREMENT OFFICER FOR GENERAL SERVICES STANDARD PROCUREMENT › Subpart F - SUPPLIERS, PREQUALIFICATION AND RESPONSIBILITY › Section 1.2046 - Responsibility

Current through Register Vol. 48, No. 28, July 12, 2024
a) Application
Before making an award or signing a contract, the SPO must be
				  satisfied the prospective vendor is responsible. If there is doubt about
				  responsibility, and if a bond or other security would adequately protect the
				  State's interests, then that vendor may receive an award or contract upon
				  receipt of the bond or other security.
b) Standards of Responsibility
Factors to be considered in determining whether the standard
				  of responsibility has been met include, but are not limited to, financial
				  responsibility, previous termination for cause, insurability, effective equal
				  opportunity compliance, payment of prevailing wages if required by law,
				  capacity to produce or sources of supply, performance record in the business or
				  industry, ability to provide required maintenance service or other matters
				  relating to the bidder's probable ability to deliver in the quality and
				  quantity and within the time and price required under the contract, if it is
				  awarded to the bidder. The vendor must be a legal entity authorized to do
				  business in Illinois prior to submitting the bid, offer or proposal and
				  qualified legally to contract with the State.
c) Information Pertaining to Responsibility
The State agency, in consultation with the SPO, may conduct
				  discussions with a bidder or offeror to determine in greater detail the
				  bidder's or offeror's qualifications, to explore with the bidder or offeror its
				  ability to supply the specific supply or service, and the bidder's or offeror's
				  proposed method of performance. This discussion is not for the purpose of
				  determining whether one bidder's or offeror's product or service capability is
				  superior to another, but only to determine that a bidder or offeror has the
				  capability to perform. The prospective vendor shall supply information
				  requested concerning the vendor's responsibility. The State may supplement this
				  information from other sources and may require additional documentation at any
				  time. If the vendor fails to supply the requested information, the SPO may
				  disqualify the vendor or may base the determination of responsibility upon any
				  available information.
d)
				Written Determination of Nonresponsibility Required
If a vendor that otherwise would have been awarded a contract
				  is found non-responsible, a written determination of nonresponsibility setting
				  forth the basis of the finding shall be prepared by the State agency purchasing
				  director or his or her designee and approved by the SPO. The final
				  determination shall be made part of the procurement file.
e) Affiliated Companies
Vendors that are newly formed business concerns having
				  substantially the same owners, shareholders, members, officers, directors or
				  beneficiaries as a previously existing vendor that has been determined not
				  responsible or has been suspended or debarred will also be determined to be not
				  responsible.