Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 4 - CHIEF PROCUREMENT OFFICER FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION STANDARD PROCUREMENT › Subpart F - SUPPLIERS, PREQUALIFICATION AND RESPONSIBILITY › Section 4.2046 - Responsibility

Current through Register Vol. 48, No. 28, July 12, 2024
a) Application
Before making an award or approving a contract, the SPO must
				  be satisfied the prospective bidder or offeror is responsible. If there is
				  doubt about responsibility, and if a bond or other security would adequately
				  protect the university's interests, then that bidder or offeror 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, insurability, effective equal opportunity compliance, payment
				  of prevailing wages, if required by law, compliance with laws including goals
				  and other preferences under the Code and the Business Enterprise for
				  Minorities, Women, and Persons with Disabilities Act, capacity to produce or
				  sources of supply, performance record in the business or industry, ability to
				  provide required maintenance service and other matters relating to the bidder's
				  or offeror'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
				  or offeror. A bidder or offeror must be a legal entity prior to submitting the
				  bid, offer or proposal and authorized to transact business or conduct affairs
				  in Illinois prior to execution of a contract.
c) Information Pertaining to Responsibility
The university, in consultation with the SPO, may request
				  information or conduct discussions with a bidder or offeror to determine in
				  greater detail the bidder's or offeror's capability to perform and to determine
				  prior compliance on State contracts with the standards of responsibility
				  identified in subsection (b). This discussion is not for the purpose of
				  determining whether one bidder's or offeror's product or service capability is
				  superior to another. The prospective vendor shall supply information requested
				  concerning the responsibility of such vendor. The university may supplement
				  this information from other sources and may require additional documentation at
				  any time in determining whether a vendors is responsible. If the vendor fails
				  to supply the requested information or if in the performance of prior State
				  contracts the vendor breached the standards of responsibility and failed to
				  timely cure the deficiency, the SPO may disqualify the vendor or may base the
				  determination of responsibility upon any available information.
d) Written Determination of
				Non-Responsibility Required
If a vendor who otherwise would have been awarded a contract
				  is found non-responsible, a written determination of non-responsibility setting
				  forth the basis of the finding shall be prepared by the university 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, 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.