reglab/statecodes huggingface dataset:
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 980.420 - 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 an A/E non-responsible, CDB may deny the A/E the award of a
				  contract.
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 980.430 - Debarment

Current through Register Vol. 48, No. 28, July 12, 2024
CDB may debar an A/E to exclude it from submitting on CDB
				  projects. CDB will consider debarment in cases so serious and egregious in
				  nature that a permanent loss of submittal privileges may be warranted. In
				  addition to the causes listed in Section
				  980.310,
				  causes for debarment may include but not be limited to multiple or repetitive
				  criminal convictions or multiple non-responsibility determinations. Following a
				  period of debarment, when an A/E 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 980 - PREQUALIFICATION OF ARCHITECTS AND ENGINEERS › Subpart C - APPLICATION OF CDB ACTION › Section 980.440 - Reapplication for Prequalification

Current through Register Vol. 48, No. 28, July 12, 2024
When an A/E submits a prequalification application to CDB
				  following a denial, or during or following a period of debarment, suspension,
				  nullification, modification of prequalification, or conditional
				  prequalification, the A/E 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 980 - PREQUALIFICATION OF ARCHITECTS AND ENGINEERS › Subpart C - APPLICATION OF CDB ACTION › Section 980.450 - Extension of CDB Action

Current through Register Vol. 48, No. 28, July 12, 2024
The effect of an action imposed under this Subpart by CDB
				  will extend to all office locations of the A/E and to any firm in which the A/E
				  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 980 - PREQUALIFICATION OF ARCHITECTS AND ENGINEERS › Subpart C - APPLICATION OF CDB ACTION › Section 980.460 - Effect on Current Contracts

Current through Register Vol. 48, No. 28, July 12, 2024
Current CDB contracts may be terminated when an A/E 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
				  A/E's prequalification.
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 980.470 - Basis of Decisions

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				CDB shall make determinations as appropriate concerning the substance of an
				A/E's business as opposed to its form and base its decisions on the substance.
				When an A/E 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
				980.300
				and Subparts B and C of this Part.
b) A/Es who are newly formed business
				concerns having substantially the same owners, officers, directors, or
				beneficiaries as a previously existing non-responsible firm will be declared
				non-responsible unless the new organization can demonstrate it was not set up
				for the purpose of avoiding an earlier declaration of
				non-responsibility.
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 980.480 - Settlement

Current through Register Vol. 48, No. 28, July 12, 2024
Notwithstanding any provision of this Part, the parties to
				  any contested matter concerning an A/E's prequalification may at any time enter
				  into an agreement to resolve responsibility issues by
				  settlement.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 980 - PREQUALIFICATION OF ARCHITECTS AND ENGINEERS › Subpart D - PROCEDURES › Section 980.500 - Review

Current through Register Vol. 48, No. 28, July 12, 2024
When information that places an A/E's responsibility 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 A/E and its appropriate
				  staff members with CDB.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 980 - PREQUALIFICATION OF ARCHITECTS AND ENGINEERS › Subpart D - PROCEDURES › Section 980.510 - Notice of CDB Action

Current through Register Vol. 48, No. 28, July 12, 2024
Unless proceedings under Section 16 of the CDB Act
				  [20
				  ILCS 3105/16 ] are justified, prior to suspending,
				  conditioning, modifying or nullifying an A/E's prequalification or debarring an
				  A/E, CDB will notify the A/E in writing of its intention to take such action
				  and the basis of the action, and will request that the A/E attend an informal
				  conference with CDB personnel. The A/E may bring to the conference any
				  documents, personnel, or other pertinent information that it wishes for CDB to
				  consider. The A/E may bring its attorney to the conference, if desired. Within
				  a reasonable time in advance of the conference, CDB shall furnish the A/E with
				  all information in its possession that it deems pertinent and shall advise the
				  A/E in writing that it has the right to inspect its prequalification file.
				  Further conferences may be scheduled by agreement of CDB and the A/E. The A/E's
				  failure to appear at the conference shall be construed to indicate the A/E does
				  not wish to contest the matter and rights to further administrative proceedings
				  shall be forfeited.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 980 - PREQUALIFICATION OF ARCHITECTS AND ENGINEERS › Subpart D - PROCEDURES › Section 980.520 - Executive Director Decision and Request for Reconsideration

Current through Register Vol. 48, No. 28, July 12, 2024
Following CDB's conference with the A/E, the conference
				  committee shall forward a recommendation to the Executive Director. The A/E
				  will be notified in writing of the Executive Director's decision. Within 15
				  days after receipt of the Executive Director's decision, the A/E may request
				  the Executive Director's reconsideration in writing, including 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 980 - PREQUALIFICATION OF ARCHITECTS AND ENGINEERS › Subpart D - PROCEDURES › Section 980.530 - Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
Within 30 days after the A/E's receipt of the Executive
				  Director's decision on reconsideration, the A/E 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 980 - PREQUALIFICATION OF ARCHITECTS AND ENGINEERS › Subpart D - PROCEDURES › Section 980.540 - Burden of Proof

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Any determination pursuant to this Part may be made when CDB possesses
				documentation of one or more of the factors described in Section
				980.310,
				980.320,
				or
				980.410.
b) Such documentation constitutes a
				presumptive determination of non-responsibility. The A/E is entitled to rebut
				the presumption, through procedures described in this Subpart, but the
				presumption will not be overturned unless the A/E 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 990 - PREQUALIFICATION OF CONSTRUCTION MANAGERS › Subpart A - RESPONSIBILITY › Section 990.110 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
The Capital Development Board construction management
				  agreements shall be awarded only to prequalified construction managers. 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 construction managers shall be prequalified and permitted to
				  make submittals on CDB projects.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 990 - PREQUALIFICATION OF CONSTRUCTION MANAGERS › Subpart A - RESPONSIBILITY › Section 990.120 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
The following definitions shall apply to this Part:
"CDB" means the Capital Development Board, the agency.
"CM" means any individual, sole proprietorship, firm,
				  partnership, corporation, or other legal entity providing construction
				  management services.
"Consultant" means a firm or individual who will perform a
				  portion of the contract or assist the CM in its performance of the contract
				  under a contract with the CM.
"Contract" or "Contract Requirements" consist of any and all
				  provisions of the CDB Construction Management Contract (CMC).
"Key Person" means any individual who holds 5% or more
				  ownership interest in the firm. In the event the firm is owned by another
				  corporation, partnership, trust or business association, any individual within
				  that organization or who is a trust beneficiary who holds a 5% or more
				  ownership or beneficial interest is considered a key person. Regardless of
				  ownership interest, any officer, partner, managing agent or director is
				  considered a key person. This definition also includes any individual who
				  assumes the responsibility of an officer, owner, partner, director, etc.,
				  regardless of ownership interest.
"Office Location" means all locations at which the CM
				  provides construction management services.
"Parent Office" means the primary location of the CM's place
				  of business.
"Performance Record" consists of, but is not limited to, the
				  following:
Data indicating the CM has met all contract requirements on
				  previous contracts, private and public.
Evidence of material compliance with all CDB contract
				  requirements.
"Prequalification" is the status granted by CDB to
				  responsible CMs that permits them to make submittals on CDB projects or to be
				  awarded a CDB contract.
"Responsibility" is a determination made by CDB that the CM
				  is a responsible CM. The determination may be made at any time. Because
				  responsibility is affected by such things as financial resources, performance
				  records, and organizational and operational factors, all of which are subject
				  to change, the initial determination of responsibility, made through evaluation
				  of an application to CDB, may be changed upon receipt of additional or
				  different information. The CM is required to inform CDB of any significant
				  change to the information submitted in its application. Each CM must provide
				  CDB with adequate documentation of responsibility. CDB will ordinarily provide
				  forms for this information. CDB may supplement this information from other
				  sources and may require additional documentation at any time. A responsibility
				  determination may also be verified on an ongoing basis through other
				  information, including but not limited to performance evaluations and reference
				  contacts.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 990 - PREQUALIFICATION OF CONSTRUCTION MANAGERS › Subpart A - RESPONSIBILITY › Section 990.130 - Prequalification Required

Current through Register Vol. 48, No. 28, July 12, 2024
CDB shall prequalify CMs as required by Article 33 of the
				  Illinois Procurement Code [30 ILCS 500 /Art. 33]. 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. 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 990 - PREQUALIFICATION OF CONSTRUCTION MANAGERS › Subpart A - RESPONSIBILITY › Section 990.140 - Special Projects

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				When CDB determines a construction project is so large or unique that a special
				CM responsibility determination is warranted, CDB may set appropriate standards
				of acceptability different from those set out in this Part, including the
				prequalification of CMs as part of submittals of statements of qualifications.
				Other provisions of this Part shall remain applicable.
b) A public notice will be posted on CDB's
				Procurement Bulletin (
www.cdb.state.il.us
) and may be published in
				the CMS Procurement Bulletin, in the official State newspaper or otherwise made
				available in print describing the project and any special prequalification
				requirements.
c) The notice will be
				published at least 30 days before the date the special prequalification
				application or the statement of qualifications is due.
d) Prequalification standards may be revised
				to be more closely related to the needs or environment of the special project,
				e.g., required firm and/or personnel experience may be limited to a particular
				size of project, or to experience in a particular environment such as
				correctional facility work.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 990 - PREQUALIFICATION OF CONSTRUCTION MANAGERS › Subpart A - RESPONSIBILITY › Section 990.150 - Confidentiality

Current through Register Vol. 48, No. 28, July 12, 2024
Documents relating to responsibility determinations of a CM
				  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 CM to which they relate and to units of
				  federal, State, or local government, including, but not limited to, law
				  enforcement agencies. Nothing in this Part shall be construed to mean that CDB
				  is required to disclose to the CM 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 CM prequalification status with CDB. Notwithstanding the
				  foregoing, neither the CM Performance Evaluations (CM PE) nor the CM'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 990 - PREQUALIFICATION OF CONSTRUCTION MANAGERS › Subpart A - RESPONSIBILITY › Section 990.160 - Sources for Determining Responsibility

Current through Register Vol. 48, No. 28, July 12, 2024
To determine a CM'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 CM's most recent
				  projects and projects with CDB.
a) CM
				Prequalification Application Form
1) CM
				applications shall require, at a minimum:
A)
				Completed application form;
B) The
				name of each key person associated with the firm, and that person's respective
				percentage of ownership;
C)
				Relevant work experience;
D)
				Certification of compliance with statutory requirements;
E) Work history reference checks. References
				obtained may be verified and documented by the following methods:
i) Telephone reference checks; or
ii) Reference questionnaire;
F) CDB work history, if CDB
				projects have been awarded; and
G)
				The applicant's phone and fax numbers and the firm's e-mail address.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 990 - PREQUALIFICATION OF CONSTRUCTION MANAGERS › Subpart A - RESPONSIBILITY › Section 990.180 - Prequalification of Firms and Office Locations

Current through Register Vol. 48, No. 28, July 12, 2024
a) The CM shall list all office locations on
				the prequalification application for which it seeks prequalification. These
				office locations may be business subsidiaries, divisions, branches, etc., that
				provide construction management services under the responsibility of the CM.
				CDB reserves the right to evaluate each office based on the criteria set forth
				within this Part. Any offices not listed on applications shall not be deemed
				prequalified.
b) Prequalification
				shall not apply to any other business location or entity of the CM solely
				because of an ownership relationship.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 990 - PREQUALIFICATION OF CONSTRUCTION MANAGERS › Subpart A - RESPONSIBILITY › Section 990.200 - Processing of Construction Manager Prequalification Application

Current through Register Vol. 48, No. 28, July 12, 2024
a) CMs must complete a
				prequalification application, including the Financial Interests and Potential
				Conflicts of Interest forms required under Section 50-35 of the Illinois
				Procurement Code [30
				ILCS 500/50-35 ].
b) Applications for renewal will ordinarily
				be sent to the CMs approximately 60 days before the expiration of current
				prequalification and are available electronically on CDB's Internet site at
www.cdb.state.il.us
. CMs who do not
				receive an application are responsible for obtaining one. CMs must submit their
				completed applications at least 45 days prior to the expiration date of their
				prequalification.
c) Processing of
				applications (either initial or renewal) by CDB will require up to 45 days
				after receipt of all requested information and a completed application. When
				any information is incomplete or unsatisfactory, a longer processing time will
				be required. CMs will be notified when information is incomplete or
				unsatisfactory.
d) 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 CM 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 CM, 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 CM information including the
				term of prequalification will be entered on CDB's electronic program weekly. At
				the beginning of each month, a list of CMs whose prequalification expires in
				approximately 60 days will be generated.
e) Applications may be sent to CDB by
				facsimile or e-mail.
f) 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 complete;
2) Contacting work references or any other
				possible sources of pertinent information;
3) Requesting additional information from the
				applicant;
4) Reviewing CDB CM
				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 990 - PREQUALIFICATION OF CONSTRUCTION MANAGERS › Subpart B - SUSPENSION, DEBARMENT, MODIFICATION OF PREQUALIFICATION, AND CONDITIONAL PREQUALIFICATION › Section 990.300 - 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 a CM'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 a CM's prequalification
				  in accordance with Section 16 of the Capital Development Board Act
				  [20
				  ILCS 3105/16 ].
b) Debarment
CDB may debar a CM 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 a CM'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 a CM 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 a CM
				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 CM may enter into with
				CDB
.
4) Imposing
				limits as set forth in this subsection (c) pending performance on the CM's next
				CDB contract in instances where the CM has no current CDB contracts.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 990 - PREQUALIFICATION OF CONSTRUCTION MANAGERS › Subpart B - SUSPENSION, DEBARMENT, MODIFICATION OF PREQUALIFICATION, AND CONDITIONAL PREQUALIFICATION › Section 990.310 - Causes for Suspension, Debarment, Modification of Prequalification, and Conditional Prequalification

Current through Register Vol. 48, No. 28, July 12, 2024
CDB may determine a CM 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 contracts, private contracts, or other governmental contracts. (See also
				Section
				990.330.)
b) Breach of the terms of a CDB contract,
				private contract, or other governmental contract. (See also Section
				990.330.)
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 that 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, that 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 CM.
h) Suspension, debarment, or limits on
				contracts by any other governmental body.
i) Any other cause of so serious or
				compelling a nature that it affects the responsibility of a CM.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 990 - PREQUALIFICATION OF CONSTRUCTION MANAGERS › Subpart B - SUSPENSION, DEBARMENT, MODIFICATION OF PREQUALIFICATION, AND CONDITIONAL PREQUALIFICATION › Section 990.320 - Nullification of Prequalification

Current through Register Vol. 48, No. 28, July 12, 2024
When CDB determines that a CM has knowingly made a material
				  misrepresentation in its application for prequalification, the CM 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 CM of the nullification. The CM 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, that 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 990 - PREQUALIFICATION OF CONSTRUCTION MANAGERS › Subpart B - SUSPENSION, DEBARMENT, MODIFICATION OF PREQUALIFICATION, AND CONDITIONAL PREQUALIFICATION › Section 990.330 - 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 CM'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 according to the project schedule, causing a delay in
				the commencement, completion or close out of a project.
b) Failure to adhere to contractual document
				requirements.
c) Failure to
				adequately or timely notify CDB of project problems or failure to cooperate
				with other parties to the project to timely resolve problems.
d) Failure to timely or adequately submit
				budget and estimating documents.
e)
				Failure to meet quality standards applicable to the industry (e.g., obtaining
				or maintaining nationally or regionally recognized certification).
f) Failure to provide acceptable quality and
				quantity of staff to provide comprehensive project administration services,
				including field staff authorized to make timely field decisions on behalf of
				the firm.
g) Failure to provide
				proper personnel to facilitate proper and timely responses to requests for
				information in the field.
h)
				Failure to facilitate maintenance and submission of timely and adequate record
				drawings.
i) Failure to timely
				process change orders and contractor pay requests.
j) Failure to follow directives from CDB
				within the scope of the contract documents.
k) Failure to attend or to be properly
				prepared for project meetings.
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 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.
n)
				Failure to submit timely post-award documents, such as, but not limited to,
				bonds, certificates of insurance and MBE/FBE certifications.
o) Failure to cooperate with other parties to
				the project to timely resolve project problems.
p) Failure to meet the project schedule for
				any reason reasonably within the control of the CM.
q) Any other cause of so serious or
				compelling a nature that it affects the responsibility of the CM.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 990 - PREQUALIFICATION OF CONSTRUCTION MANAGERS › Subpart B - SUSPENSION, DEBARMENT, MODIFICATION OF PREQUALIFICATION, AND CONDITIONAL PREQUALIFICATION › Section 990.340 - 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 a CM's
				prequalification without a prior hearing or administrative procedure, as
				provided in Subpart D, for one or more of the following causes:
1) The public interest, safety or welfare
				requires 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
				990.330.
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
				990.330
				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 CM
				what action or nonaction is necessary and in accordance with the contract
				documents;
iv) The CM 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 990 - PREQUALIFICATION OF CONSTRUCTION MANAGERS › Subpart B - SUSPENSION, DEBARMENT, MODIFICATION OF PREQUALIFICATION, AND CONDITIONAL PREQUALIFICATION › Section 990.350 - Denial of Prequalification

Current through Register Vol. 48, No. 28, July 12, 2024
a) This Section is applicable to CMs who are
				one of the following:
1) First-time
				applicants for CDB prequalification.
2) Firms that sent a renewal application that
				arrived at CDB after the prequalification expiration date or that could not
				reasonably be processed before the expiration date.
3) Firms that 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 990 - PREQUALIFICATION OF CONSTRUCTION MANAGERS › Subpart C - APPLICATION OF CDB ACTION › Section 990.400 - 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 a CM's direct contracts with
				  CDB, unless CDB determines otherwise in writing.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 990 - PREQUALIFICATION OF CONSTRUCTION MANAGERS › Subpart C - APPLICATION OF CDB ACTION › Section 990.410 - Violation of CDB Order

Current through Register Vol. 48, No. 28, July 12, 2024
If a CM is subject to a CDB order suspending or debarring the
				  CM, nullifying or modifying prequalification, making prequalification
				  conditional, or denying prequalification, and the CM violates the order in any
				  manner, including, but not limited to, continuing to make submittals or bid on
				  CDB projects, CDB may extend the term of suspension, debarment, nullification,
				  modification or conditional prequalification, or otherwise limit or condition
				  the ability to make submittals or bid on contracts with CDB.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 990 - PREQUALIFICATION OF CONSTRUCTION MANAGERS › Subpart C - APPLICATION OF CDB ACTION › Section 990.420 - 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 CM non-responsible, CDB may deny the CM the award of a
				  contract.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 990 - PREQUALIFICATION OF CONSTRUCTION MANAGERS › Subpart C - APPLICATION OF CDB ACTION › Section 990.430 - Debarment

Current through Register Vol. 48, No. 28, July 12, 2024
CDB may debar a CM to exclude it from submitting on CDB
				  projects. CDB will consider debarment in cases so serious and egregious in
				  nature that a permanent loss of submittal privileges may be warranted. In
				  addition to the causes listed in Section
				  990.310,
				  causes for debarment may include, but not be limited to, multiple or repetitive
				  criminal convictions or multiple non-responsibility determinations. Following a
				  period of debarment, when a CM submits a prequalification application to CDB,
				  the application shall be deemed to be a first-time application rather than an
				  application for renewal. A firm that has been debarred as a contractor or A/E
				  (architectural/engineering) firm will automatically be debarred as a CM firm,
				  and vice versa.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 990 - PREQUALIFICATION OF CONSTRUCTION MANAGERS › Subpart C - APPLICATION OF CDB ACTION › Section 990.440 - Reapplication for Prequalification

Current through Register Vol. 48, No. 28, July 12, 2024
When a CM submits a prequalification application to CDB
				  following a denial, or during or following a period of debarment, suspension,
				  nullification, modification of prequalification, or conditional
				  prequalification, the CM 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 990 - PREQUALIFICATION OF CONSTRUCTION MANAGERS › Subpart C - APPLICATION OF CDB ACTION › Section 990.450 - Extension of CDB Action

Current through Register Vol. 48, No. 28, July 12, 2024
The effect of an action imposed under this Subpart by CDB
				  will extend to all affiliates, branches, subsidiaries, divisions, or parent
				  firms of the CM and to any firm in which the CM 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 990 - PREQUALIFICATION OF CONSTRUCTION MANAGERS › Subpart C - APPLICATION OF CDB ACTION › Section 990.460 - Effect on Current Contracts

Current through Register Vol. 48, No. 28, July 12, 2024
Current CDB contracts may be terminated when a CM 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
				  CM's prequalification.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 990 - PREQUALIFICATION OF CONSTRUCTION MANAGERS › Subpart C - APPLICATION OF CDB ACTION › Section 990.470 - Basis of Decisions

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				CDB shall make determinations as appropriate concerning the substance of a CM's
				business as opposed to its form and base its decisions on the substance. When a
				CM 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 other devices, CDB
				may take action pursuant to Section
				990.300
				and Subparts B and C of this Part.
b) CMs that are newly formed business
				concerns having substantially the same owners, officers, directors, or
				beneficiaries as a previously existing non-responsible firm will be declared
				non-responsible unless the new organization can demonstrate it was not set up
				for the purpose of avoiding an earlier declaration of
				non-responsibility.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 990 - PREQUALIFICATION OF CONSTRUCTION MANAGERS › Subpart C - APPLICATION OF CDB ACTION › Section 990.480 - Settlement

Current through Register Vol. 48, No. 28, July 12, 2024
Notwithstanding any provision of this Part, the parties to
				  any contested matter concerning a CM's prequalification may at any time enter
				  into an agreement to resolve responsibility issues by
				  settlement.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 990 - PREQUALIFICATION OF CONSTRUCTION MANAGERS › Subpart D - PROCEDURES › Section 990.500 - Review

Current through Register Vol. 48, No. 28, July 12, 2024
When information that places a CM's responsibility 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 CDB conference with the CM and its appropriate
				  staff members.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 990 - PREQUALIFICATION OF CONSTRUCTION MANAGERS › Subpart D - PROCEDURES › Section 990.510 - Notice of CDB Action

Current through Register Vol. 48, No. 28, July 12, 2024
Unless proceedings under Section 16 of the Capital
				  Development Board Act [20
				  ILCS 3105/16 ] are justified, prior to suspending,
				  conditioning, modifying or nullifying a CM's prequalification or debarring a
				  CM, CDB will notify the CM in writing of its intention to take such action and
				  the basis of the action, and will request that the CM attend an informal
				  conference with CDB personnel. The CM may bring to the conference any
				  documents, personnel, or other pertinent information that it wishes CDB to
				  consider. The CM may bring its attorney to the conference, if desired. Within a
				  reasonable time in advance of the conference, CDB shall furnish the CM with all
				  information in its possession that it deems pertinent and shall advise the CM
				  in writing that it has the right to inspect its prequalification file. Further
				  conferences may be scheduled by agreement of CDB and the CM. The CM's failure
				  to appear at the conference shall be construed to indicate the CM does not wish
				  to contest the matter, and rights to further administrative proceedings shall
				  be forfeited.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 990 - PREQUALIFICATION OF CONSTRUCTION MANAGERS › Subpart D - PROCEDURES › Section 990.520 - Executive Director Decision and Request for Reconsideration

Current through Register Vol. 48, No. 28, July 12, 2024
Following CDB's conference with the CM, the conference
				  committee shall forward a recommendation to the CDB Executive Director. The CM
				  will be notified in writing of the Executive Director's decision. Within 15
				  days after receipt of the Executive Director's decision, the CM may request the
				  Executive Director's reconsideration in writing, including 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 990 - PREQUALIFICATION OF CONSTRUCTION MANAGERS › Subpart D - PROCEDURES › Section 990.530 - Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
Within 30 days after the CM's receipt of the Executive
				  Director's decision on reconsideration, the CM 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 990 - PREQUALIFICATION OF CONSTRUCTION MANAGERS › Subpart D - PROCEDURES › Section 990.540 - Burden of Proof

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Any determination pursuant to this Part may be made when CDB possesses
				documentation of one or more of the factors described in Section
				990.310,
				990.320
				or
				990.410.
b) Such documentation is the basis for a
				presumptive determination of non-responsibility. The CM is entitled to rebut
				the presumption, through procedures described in this Subpart, but the
				presumption will not be overturned unless the CM shows, by a preponderance of
				the 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 995 - PREQUALIFICATION OF DESIGN-BUILD ENTITIES › Subpart A - RESPONSIBILITY › Section 995.110 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
The Capital Development Board design-build agreements shall
				  be awarded only to design-build entities containing one or more firms
				  prequalified with CDB under the A/E and/or contractor prequalification
				  rules.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 995 - PREQUALIFICATION OF DESIGN-BUILD ENTITIES › Subpart A - RESPONSIBILITY › Section 995.120 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
The following definitions shall apply to this Part:
"A/E Prequalification Rules" means 44 Ill. Adm. Code 980, the
				  rules by which CDB prequalifies design professionals.
"CDB" means the Capital Development Board, the agency.
"Contract" or "Contract Requirements" consist of any and all
				  provisions of the CDB Design-Build Contract.
"Contractor Prequalification Rules" means 44 Ill. Adm. Code
				  950, the rules by which CDB prequalifies firms as bidders on CDB construction
				  projects.
"Design-Build" means a construction project delivery system
				  that provides responsibility within a single contract for the furnishing of
				  architecture, engineering, land surveying and related services as required, and
				  the labor, materials, equipment and other construction services for the
				  project.
"Design-Build Entity" or "DB" means any individual, sole
				  proprietorship, firm, partnership, corporation, joint venture, or other legal
				  entity that proposes to design and construct any public project under the
				  Design-Build Procurement Act.
"Design Professional" means any individual, sole
				  proprietorship, firm, partnership, corporation, or other legal entity that
				  offers services under the Illinois Architecture Practice Act of 1989 [225 ILCS
				  305 ], the Professional Engineering Practice Act of 1989 [225 ILCS 325 ], the
				  Structural Engineering Licensing Act of 1989 [225 ILCS 340 ], or the Illinois
				  Professional Land Surveyor Act of 1989 [225 ILCS 330 ]. [30
				  ILCS 537/10 ]
"Prequalification" is the status granted by CDB to
				  responsible A/E or contracting firms that permits them to make submittals on
				  CDB projects or be awarded a CDB contract.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 995 - PREQUALIFICATION OF DESIGN-BUILD ENTITIES › Subpart A - RESPONSIBILITY › Section 995.130 - Prequalification Required

Current through Register Vol. 48, No. 28, July 12, 2024
DB entities desiring to enter into a DB contract with CDB
				  must be prequalified with CDB under the A/E prequalification rules and/or the
				  contractor prequalification rules prior to any submittal of qualifications or
				  interest for a specific project and prior to entering a contractual
				  relationship with CDB. For DB entities consisting of more than one independent
				  firm (e.g., joint ventures or partnerships), each firm must be prequalified
				  with CDB under the appropriate rule.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 995 - PREQUALIFICATION OF DESIGN-BUILD ENTITIES › Subpart A - RESPONSIBILITY › Section 995.150 - Confidentiality

Current through Register Vol. 48, No. 28, July 12, 2024
CDB may release to anyone the firm's prequalification status
				  with CDB. However, neither the Performance Evaluations of the firm on a
				  design-build project (DB PE) nor the DB's written responses to them shall be
				  made available to any other person or firm, except as authorized by the Freedom
				  of Information Act [5 ILCS
				  140/7(1)(b)(iii) ].