reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 6 - CHIEF PROCUREMENT OFFICER FOR THE DEPARTMENT OF TRANSPORTATION - CONTRACT PROCUREMENT › Subpart I - SUSPENSION OF CONTRACTORS OR SUBCONTRACTORS › Section 6.550 - Term of Suspension

Current through Register Vol. 48, No. 28, July 12, 2024
Except as herein provided, the term of a suspension imposed
				  by the CPO will be for a period, commensurate with the seriousness of the cause
				  or causes, of up to 10 years. In cases involving the inadvertent or accidental
				  failure to make the full disclosures required by Section 50-35 of the Code, the
				  term of suspension will be for a period of no more than two years. (See Section
				  50-35(f) of the Code.) In cases involving the intentional, willful, or material
				  failure to make the full disclosures required by Section 50-35 of the Code, the
				  term of suspension will be for a period of not less than two years and not more
				  than 10 years with eligibility for reinstatement after two years. (See Section
				  50-35(g) of the Code.)
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 6 - CHIEF PROCUREMENT OFFICER FOR THE DEPARTMENT OF TRANSPORTATION - CONTRACT PROCUREMENT › Subpart I - SUSPENSION OF CONTRACTORS OR SUBCONTRACTORS › Section 6.560 - Coverage

Current through Register Vol. 48, No. 28, July 12, 2024
a) A suspension and
				interim suspension applies to the contractor or subcontractor set forth in the
				notice of suspension.
b) If the
				contractor or subcontractor named in the notice of suspension is a person, the
				suspension also applies to any other contractor or subcontractor:
1) in which the suspended person is an
				officer, director, manager or in any other substantial management or
				supervisory position, until such time as the person is severed from such
				contractor or subcontractor; or
2)
				in which the suspended person has controlling legal or beneficial financial
				interest, until such time as the suspended person's interests are
				divested.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 6 - CHIEF PROCUREMENT OFFICER FOR THE DEPARTMENT OF TRANSPORTATION - CONTRACT PROCUREMENT › Subpart I - SUSPENSION OF CONTRACTORS OR SUBCONTRACTORS › Section 6.570 - Other Agency Suspensions

Current through Register Vol. 48, No. 28, July 12, 2024
Suspension under this Subpart I may be concurrent with or
				  consecutive to any other suspension or debarment imposed by another public
				  agency or CPO.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 6 - CHIEF PROCUREMENT OFFICER FOR THE DEPARTMENT OF TRANSPORTATION - CONTRACT PROCUREMENT › Subpart I - SUSPENSION OF CONTRACTORS OR SUBCONTRACTORS › Section 6.580 - Responsibility

Current through Register Vol. 48, No. 28, July 12, 2024
Suspension under this Subpart I will also be deemed a finding
				  of lack of responsibility.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 6 - CHIEF PROCUREMENT OFFICER FOR THE DEPARTMENT OF TRANSPORTATION - CONTRACT PROCUREMENT › Subpart I - SUSPENSION OF CONTRACTORS OR SUBCONTRACTORS › Section 6.590 - Continuation of Executory Contracts

Current through Register Vol. 48, No. 28, July 12, 2024
Suspension or voluntary exclusion pursuant to this Subpart I
				  shall not relieve a contractor or subcontractor or its surety of any obligation
				  to be performed in accordance with the terms of any executory contract or bond
				  that remains in full force and effect. Executory contracts are voidable by the
				  Department without penalty or further payment, except payment for completed and
				  accepted work, if the facts and circumstances giving rise to the suspension are
				  of such a nature as to require action to safeguard the public
				  interest.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 6 - CHIEF PROCUREMENT OFFICER FOR THE DEPARTMENT OF TRANSPORTATION - CONTRACT PROCUREMENT › Subpart I - SUSPENSION OF CONTRACTORS OR SUBCONTRACTORS › Section 6.600 - Exception Provision

Current through Register Vol. 48, No. 28, July 12, 2024
A suspension action is final, except that the period of time
				  during which a contractor or subcontractor is suspended may be decreased,
				  delayed or rescinded at any time, if, in the judgment of the CPO, the public
				  interest warrants such action. The CPO may grant an exception permitting a
				  suspended or voluntarily excluded contractor or subcontractor to participate in
				  a particular contract or subcontract or type of contracts or subcontracts if
				  the public interest will be served by the participation. A contractor or
				  subcontractor suspended for the intentional, willful, or material failure to
				  make the disclosures required by Section 50-35 of the Code is not eligible for
				  exception or reinstatement until two years of the suspension shall have passed.
				  (See Section 50-35(g) of the Code.)
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 6 - CHIEF PROCUREMENT OFFICER FOR THE DEPARTMENT OF TRANSPORTATION - CONTRACT PROCUREMENT › Subpart I - SUSPENSION OF CONTRACTORS OR SUBCONTRACTORS › Section 6.610 - Notice of Suspension

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Any contractor that the CPO proposes to suspend pursuant to this Part will be
				furnished written notice by personal service or by certified or registered
				mail.
b) The notice will include
				the following:
1) The cause for suspension on
				which the proposed suspension is based.
2) A clear and concise statement of the
				matters asserted and acts complained of, and the statutes, cause or rules upon
				which the allegations in the notice are based.
3) The legal authority and jurisdiction under
				which the action is taken, and the consequences of a failure to
				respond.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 6 - CHIEF PROCUREMENT OFFICER FOR THE DEPARTMENT OF TRANSPORTATION - CONTRACT PROCUREMENT › Subpart I - SUSPENSION OF CONTRACTORS OR SUBCONTRACTORS › Section 6.620 - Response and Request for Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any contractor or subcontractor receiving
				a notice of suspension may, within 30 days after receipt of a notice, file an
				appearance and request for a hearing. A contractor or subcontractor that does
				not file an appearance and request a hearing within the 30 days after receipt
				shall be deemed to have waived any hearing and will be subject to immediate
				suspension.
b) Within 30 days after
				receipt of a notice that imposes an interim suspension, the contractor or
				subcontractor may submit, in person, in writing, or through a representative,
				information, documentation and argument in opposition to the interim
				suspension. The CPO will consider the contractor's or subcontractor's
				submission in light of the evidence developed in the pending investigation, and
				may modify or terminate the suspension or may leave it in force. The CPO's
				decision concerning imposition of an interim suspension is final without
				further hearing.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 6 - CHIEF PROCUREMENT OFFICER FOR THE DEPARTMENT OF TRANSPORTATION - CONTRACT PROCUREMENT › Subpart I - SUSPENSION OF CONTRACTORS OR SUBCONTRACTORS › Section 6.630 - Hearing Date and Hearing Officer

Current through Register Vol. 48, No. 28, July 12, 2024
a) Upon receipt of an appearance and request
				for hearing, the CPO will set the matter for a hearing within 30 days, and
				notify the contractor or subcontractor of the place, time and date of the
				hearing and the designated Hearing Officer.
b) The contractor or subcontractor may file a
				written motion for disqualification of a Hearing Officer, setting forth reasons
				of personal bias or conflict of interest, within three days after appointment
				of the Hearing Officer.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 6 - CHIEF PROCUREMENT OFFICER FOR THE DEPARTMENT OF TRANSPORTATION - CONTRACT PROCUREMENT › Subpart I - SUSPENSION OF CONTRACTORS OR SUBCONTRACTORS › Section 6.640 - Answer

Current through Register Vol. 48, No. 28, July 12, 2024
The contractor or subcontractor may file a written answer to
				  a notice not later than twenty days prior to the hearing date, but shall not be
				  required to file an answer. The answer may include affirmative
				  defenses.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 6 - CHIEF PROCUREMENT OFFICER FOR THE DEPARTMENT OF TRANSPORTATION - CONTRACT PROCUREMENT › Subpart I - SUSPENSION OF CONTRACTORS OR SUBCONTRACTORS › Section 6.650 - Form of Documents

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Documents shall clearly show the file hearing number and the title of the
				proceedings in connection with which they are filed.
b) Except as otherwise provided, two copies
				of all documents shall be filed.
c)
				Documents shall be typewritten or reproduced from typewritten copy on letter
				size white paper.
d) Each document
				filed shall be signed by the party or by his authorized representative or
				attorney.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 6 - CHIEF PROCUREMENT OFFICER FOR THE DEPARTMENT OF TRANSPORTATION - CONTRACT PROCUREMENT › Subpart I - SUSPENSION OF CONTRACTORS OR SUBCONTRACTORS › Section 6.660 - Computation of Time

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Computation of any period of time prescribed by this Subpart I begins with the
				first business day following the day on which the act, event or development
				initiating such period of time occurs, and runs until the end of the last day,
				or the next following business day if the last day is a Saturday, Sunday, or
				legal holiday. When the period of time is five days or less, Saturdays, Sundays
				and legal holidays are excluded in the computation of time.
b) Notice requirements shall be construed to
				mean notice received, but proof that notice was dispatched by means reasonably
				calculated to be received by the prescribed date shall be prima facie proof
				that the notice was timely received.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 6 - CHIEF PROCUREMENT OFFICER FOR THE DEPARTMENT OF TRANSPORTATION - CONTRACT PROCUREMENT › Subpart I - SUSPENSION OF CONTRACTORS OR SUBCONTRACTORS › Section 6.670 - Appearances

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any person
				participating in proceedings may appear as follows:
1) A person may appear in his/her own behalf
				or by an attorney at law licensed to practice in the State of Illinois, or
				both.
2) A business, nonprofit, or
				government organization may appear by any bona fide officer, employee, or
				representative, or may be represented by an attorney licensed to practice in
				the State of Illinois, or both.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 6 - CHIEF PROCUREMENT OFFICER FOR THE DEPARTMENT OF TRANSPORTATION - CONTRACT PROCUREMENT › Subpart I - SUSPENSION OF CONTRACTORS OR SUBCONTRACTORS › Section 6.680 - Hearing Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The Hearing Officer has the authority to conduct and preside over the hearing,
				to take all necessary action to avoid delay, to maintain order, to ensure
				compliance with all notice requirements and to ensure the development of a
				clear and complete record. The Hearing Officer shall have all powers necessary
				to conduct a fair and impartial hearing including, but not limited to, the
				power to:
1) Administer oaths and
				affirmations;
2) Regulate the
				course of hearings, set the time and place for continued hearings, fix times
				for filing of documents, and in general conduct the proceedings, according to
				recognized principles of administrative law and the provisions of this
				Part;
3) Examine witnesses and
				direct witnesses to testify, limit the number of times any witness may testify,
				limit repetitious or cumulative testimony, and set reasonable limits on the
				amount of time each witness may testify;
4) Rule upon all motions and offers of proof
				and receive relevant, material evidence admissible under the rules of evidence
				applied in civil cases in the circuit courts of the State, including evidence
				not admissible under those rules, but that is of a type commonly relied upon by
				reasonably prudent people in the conduct of their affairs;
5) Direct parties to appear and confer for
				the simplification of issues, or presentation of evidence that may be received
				in written form without prejudice to the parties, and otherwise conduct
				pre-hearing conferences;
6) Dispose
				of procedural requests or similar matters;
7) Issue orders relating to pre-hearing
				discovery to the extent authorized by and permitted under this Part;
				and
8) Enter any order that further
				carries out the purpose of this Part.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 6 - CHIEF PROCUREMENT OFFICER FOR THE DEPARTMENT OF TRANSPORTATION - CONTRACT PROCUREMENT › Subpart I - SUSPENSION OF CONTRACTORS OR SUBCONTRACTORS › Section 6.690 - Determination

Current through Register Vol. 48, No. 28, July 12, 2024
a) Based on the record
				as a whole and an adequate evidence standard of proof, the CPO will determine
				the suspension action to be taken.
b) In assessing adequate evidence,
				consideration will be given to how much credible information is available, its
				reasonableness in view of surrounding circumstances, corroboration or lack
				thereof as to important allegations, and inferences that may be drawn from the
				existence or absence of affirmative facts. This assessment will include an
				examination of basic documents such as contracts, inspection reports, and
				correspondence.
c) Upon reaching a
				final decision, the CPO will notify the contractor or subcontractor of the
				determination and will set forth the period of time during which the contractor
				or subcontractor shall be suspended from bidding on Department contracts or
				contracts requiring Department approval or concurrence. Affected local
				government agencies will be notified of the final decision. Any interim
				suspension shall be deducted from the period of final suspension.
d) Parties will be served with a copy of the
				final decision by mail, postage prepaid, certified or registered, addressed to
				the last known address of the person, partnership, association, or company
				involved. A copy of the final decision will be mailed to each party and to all
				attorneys of record.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 6 - CHIEF PROCUREMENT OFFICER FOR THE DEPARTMENT OF TRANSPORTATION - CONTRACT PROCUREMENT › Subpart J - MISCELLANEOUS › Section 6.700 - Procurement File

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The procurement file will contain all written documentation, forms, and any
				information generated by the Department or received from a proposer, bidder, or
				contractor for the procurement.
b)
				The Department's procurement file will not include trade secrets or other
				competitively sensitive, confidential, or proprietary information.
c) Multiple procurement file locations may
				exist, but must be readily available for review or disclosure under the Freedom
				of Information Act (FOIA).
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 6 - CHIEF PROCUREMENT OFFICER FOR THE DEPARTMENT OF TRANSPORTATION - CONTRACT PROCUREMENT › Subpart J - MISCELLANEOUS › Section 6.705 - Property Rights

Current through Register Vol. 48, No. 28, July 12, 2024
Receipt of an Invitation for Bids, Request for Proposals or
				  other procurement document, or submission of any response thereto or other
				  offer confers no right to receive an award or contract, nor does it obligate
				  the State in any manner. All procurement documents submitted by a bidder or
				  offeror become the property of the Department for disposition in accordance
				  with the requirements of law. Trade secrets or other proprietary information
				  submitted to the Department shall be expressly identified in writing; however,
				  the Department reserves the right to determine the validity of any such claim,
				  and may refuse to award a contract or may void any contract in circumstances
				  where the party claiming the trade secret or proprietary data is unable to
				  agree to disclosure for a public purpose. (See Section 1-25 of the
				  Code.)
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 6 - CHIEF PROCUREMENT OFFICER FOR THE DEPARTMENT OF TRANSPORTATION - CONTRACT PROCUREMENT › Subpart J - MISCELLANEOUS › Section 6.710 - Federal Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
Procedures applicable to procurements that contemplate the
				  use of federal-aid funds, grants or loans shall be in accordance with
				  requirements established by the federal administration having responsibility
				  therefor, even if in addition to or in contravention of this Part. (See Section
				  20-85 of the Code.)
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 6 - CHIEF PROCUREMENT OFFICER FOR THE DEPARTMENT OF TRANSPORTATION - CONTRACT PROCUREMENT › Subpart J - MISCELLANEOUS › Section 6.720 - Intergovernmental Agreements

Current through Register Vol. 48, No. 28, July 12, 2024
Any procurement conducted by the Department on behalf of
				  another government entity pursuant to an intergovernmental agreement shall be
				  conducted using the procedures of this Part in accordance with the
				  applicability provisions of the Code. (See Section 1-10(b) of the
				  Code.)
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 6 - CHIEF PROCUREMENT OFFICER FOR THE DEPARTMENT OF TRANSPORTATION - CONTRACT PROCUREMENT › Subpart J - MISCELLANEOUS › Section 6.730 - No Waiver of Sovereign Immunity

Current through Register Vol. 48, No. 28, July 12, 2024
Nothing in this Part shall be deemed to be a waiver of
				  sovereign immunity.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 6 - CHIEF PROCUREMENT OFFICER FOR THE DEPARTMENT OF TRANSPORTATION - CONTRACT PROCUREMENT › Subpart J - MISCELLANEOUS › Section 6.740 - Written Determinations

Current through Register Vol. 48, No. 28, July 12, 2024
The CPO will prescribe any administrative methods and
				  operational procedures to be used in preparing written determinations required
				  to be made by the Department by the Code or this Part, and will make such
				  delegations to responsible officers for the implementation of the methods and
				  procedures as will achieve the proper preparation, execution and retention of
				  each written determination.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 6 - CHIEF PROCUREMENT OFFICER FOR THE DEPARTMENT OF TRANSPORTATION - CONTRACT PROCUREMENT › Subpart J - MISCELLANEOUS › Section 6.750 - Severability

Current through Register Vol. 48, No. 28, July 12, 2024
If any provision or application of this Part is held invalid,
				  such invalidity shall not affect other provisions or applications of this Part
				  that can be given effect without such invalid provision or
				  application.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 6 - CHIEF PROCUREMENT OFFICER FOR THE DEPARTMENT OF TRANSPORTATION - CONTRACT PROCUREMENT › Subpart K - PREFERENCES › Section 6.803 - Disadvantaged Business Enterprise Program

Current through Register Vol. 48, No. 28, July 12, 2024
a) In accordance with 49 CFR 26, the
				Department must implement a DBE program, approved by the U.S. Department of
				Transportation, to remove barriers to the participation of DBEs in DOT-assisted
				contracts, as well as other similar objectives.
b) The Department shall review contracts to
				ensure compliance with its DBE program as required by 49 CFR 26.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 6 - CHIEF PROCUREMENT OFFICER FOR THE DEPARTMENT OF TRANSPORTATION - CONTRACT PROCUREMENT › Subpart K - PREFERENCES › Section 6.805 - Veterans

Current through Register Vol. 48, No. 28, July 12, 2024
a)
It is the
				goal of the State to promote and encourage the continued economic development
				of small businesses owned and controlled by qualified veterans and that
				qualified service-disabled veteran-owned small businesses and veteran-owned
				small businesses participate in the State's procurement process as both prime
				contractors and subcontractors.
[30 ILCS
				500/45-57]
b) The Department of Central Management
				Services has delegated to the Department the authority to determine the goal
				for each individual construction and construction-related services contract.
				(See 44 Ill. Adm. Code
				20.100.)
c) Contracts that are subject to federal
				reimbursement are exempt from veteran-owned small business goals. (See 44 Ill.
				Adm. Code
				20.120.)
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 6 - CHIEF PROCUREMENT OFFICER FOR THE DEPARTMENT OF TRANSPORTATION - CONTRACT PROCUREMENT › Subpart L - ILLIANA EXPRESSWAY PROCUREMENT › Section 6.900 - Purpose and Objective

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Purpose
The purpose of this Part is to establish policies and
				  procedures to allow the Department to fulfill its obligations to enter into
				  public private agreements between the State of Illinois and one or more private
				  entities for any or all of the work to develop, finance, construct, manage, and
				  operate the Illiana Expressway. (Section 5(c) of the Act)
b) Objective
Coordination is required among the CPO, the Department and
				  the State of Indiana in efforts to build a new interstate highway connecting
				  Interstate Highway 55 in northeastern Illinois to Interstate Highway 65 in
				  northwestern Indiana.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 6 - CHIEF PROCUREMENT OFFICER FOR THE DEPARTMENT OF TRANSPORTATION - CONTRACT PROCUREMENT › Subpart L - ILLIANA EXPRESSWAY PROCUREMENT › Section 6.910 - General Conditions for Use

Current through Register Vol. 48, No. 28, July 12, 2024
The procedures set forth in this Subpart L will be used for
				  Illiana Expressway public private agreements procured by the Department through
				  a competitive request for proposals process. (See Section 20(a) of the
				  Act.)
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 6 - CHIEF PROCUREMENT OFFICER FOR THE DEPARTMENT OF TRANSPORTATION - CONTRACT PROCUREMENT › Subpart L - ILLIANA EXPRESSWAY PROCUREMENT › Section 6.915 - Prequalification and Qualifications

Current through Register Vol. 48, No. 28, July 12, 2024
Due to the unique nature of this two-step procurement
				  process, the Department may use its existing prequalification procedures as a
				  supplement to the qualifications procedures in the Act (see Sections 17 and 20
				  of the Act), including the issuance of an RFQ. Prequalification requirements
				  will be set forth in the RFQ.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 6 - CHIEF PROCUREMENT OFFICER FOR THE DEPARTMENT OF TRANSPORTATION - CONTRACT PROCUREMENT › Subpart L - ILLIANA EXPRESSWAY PROCUREMENT › Section 6.920 - Information Exchanges

Current through Register Vol. 48, No. 28, July 12, 2024
When initiated by the Department, the Department, with the
				  approval of the CPO and in accordance with the Code, may have exchanges with
				  industry prior to the receipt of proposals in order to obtain
				  information.
a) Exchanges include, but
				are not limited to, the following:
1) Industry
				or small business conferences;
2)
				Public hearings;
3) Market
				research;
4) One-on-one meetings
				with potential offerors that will include the CPO or the CPO's
				designee;
5) RFPs;
6) Presolicitation or proposal conferences;
				and
7) Site visits. (See
				23
				CFR 636.115(c).)
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 6 - CHIEF PROCUREMENT OFFICER FOR THE DEPARTMENT OF TRANSPORTATION - CONTRACT PROCUREMENT › Subpart L - ILLIANA EXPRESSWAY PROCUREMENT › Section 6.925 - Competitive Request for Proposals Process

Current through Register Vol. 48, No. 28, July 12, 2024
a) The competitive request for proposals
				process will, at a minimum, solicit statements of qualifications and proposals
				from offerors (Section 20(b) of the Act) as part of a two-phase selection
				process and solicited through an RFQ and RFP.
1) The first phase consists of the receipt
				and evaluation of qualifications in response to an RFQ, resulting in a short
				list of the most highly qualified persons.
2) The second phase consists of the receipt
				and evaluation of technical proposals and financial proposals in response to an
				RFP. Innovative financing concepts will be encouraged.
3) Offerors may be permitted to submit
				alternate technical concepts in their pre-proposals as long as these alternate
				technical concepts do not conflict with criteria agreed upon in the
				environmental decision making process and the alternate technical concept is in
				the State's best interest. Alternate technical concept proposals may
				supplement, but not substitute for, base proposals that respond to the RFP
				requirements. (See
				23 CFR
				636.209.)
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 6 - CHIEF PROCUREMENT OFFICER FOR THE DEPARTMENT OF TRANSPORTATION - CONTRACT PROCUREMENT › Subpart L - ILLIANA EXPRESSWAY PROCUREMENT › Section 6.930 - Organizational Conflict of Interest Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) All conflict provisions contained in the
				Code will be included in the RFQ or RFP documents, including, but not limited
				to, Section 50-35 of the Code addressing financial disclosures and potential
				conflicts of interest.
b) The
				Department will take into consideration the mulit-faceted nature of this
				procurement and related procurements when forming proposal and selection team
				members. An understanding of public private partnerships will be required with
				some members having, at a minimum, expertise in private and public financing,
				construction and engineering.
c)
				The Department will make available specific instructions applicable to proposal
				and selection team members. These instructions will include all applicable
				provisions of the State Officials and Employees Ethics Act, including, but not
				limited to, ethical conduct and gift bans. [5 ILCS 430 ]
d) Notwithstanding disclosure requirements
				under the Code, the Department will address the following situation, as
				appropriate:
1) Consultants or subconsultants
				who assist the Department in the preparation of the RFP document under contract
				will be prohibited from submitting a proposal and from participating on a team
				submitting a proposal in response to the RFP. However, the Department, with the
				CPO's concurrence, may determine there is not an organizational conflict of
				interest for a consultant or subconsultant when:
A) The role of the consultant or
				subconsultant (subcontractor) was limited to the provision of preliminary
				design, reports or similar "low-level" documents that will be incorporated into
				the RFP and did not include assistance in the development of instructions to
				offerors or evaluation criteria; or
B) All documents and reports delivered to the
				agency by the consultant or subconsultant are made available to all
				offerors.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 6 - CHIEF PROCUREMENT OFFICER FOR THE DEPARTMENT OF TRANSPORTATION - CONTRACT PROCUREMENT › Subpart L - ILLIANA EXPRESSWAY PROCUREMENT › Section 6.935 - Proposal Evaluation

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Proposals will be evaluated and any award will be made in accordance with
				applicable federal requirements for the competitive RFP process described in
				this Subpart L. (See 23 CFR 636.)
b) Proposals will be evaluated solely on the
				factors and criteria specified in the RFP.
c) Proposals will be reviewed by the
				Department and may lead to discussions with offerors pursuant to Section
				6.940.
d) Each proposal will be reviewed by the
				Department to determine if the proposal is responsive to the submission
				requirements outlined in the RFP and to determine if the offeror is
				responsible.
1) A responsive proposal is one
				that follows the requirements of the RFP, includes all documentation, is
				submitted in the format outlined in the RFP, is timely submitted, and has been
				signed by representatives of the offeror authorized to bind the offeror.
				Failure to comply with these requirements may result in the proposal being
				deemed nonresponsive.
2) A
				responsible offeror is one that demonstrates the capability to satisfy the
				commercial, ethical and technical requirements set forth in the RFP. An
				offeror's failure to demonstrate that it is responsible may result in the
				proposal being rejected.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 6 - CHIEF PROCUREMENT OFFICER FOR THE DEPARTMENT OF TRANSPORTATION - CONTRACT PROCUREMENT › Subpart L - ILLIANA EXPRESSWAY PROCUREMENT › Section 6.940 - Discussions with Offerors

Current through Register Vol. 48, No. 28, July 12, 2024
In accordance with provisions of the RFP, the Department may
				  meet with each offeror for the purpose of discussing the RFP or proposal in
				  detail. The offerors will be notified of any questions or requests for
				  additional information. The offeror may be invited for confidential discussions
				  with the Department to discuss answers to written or oral questions and any
				  facet of the draft RFP or proposal.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 6 - CHIEF PROCUREMENT OFFICER FOR THE DEPARTMENT OF TRANSPORTATION - CONTRACT PROCUREMENT › Subpart L - ILLIANA EXPRESSWAY PROCUREMENT › Section 6.945 - Clarifications

Current through Register Vol. 48, No. 28, July 12, 2024
After the initial evaluation, the results for all proposals
				  will be gathered, evaluated and ranked for each of the evaluation criteria. If
				  information is not complete, the Department will either seek clarifications or
				  declare the proposal nonresponsive.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 6 - CHIEF PROCUREMENT OFFICER FOR THE DEPARTMENT OF TRANSPORTATION - CONTRACT PROCUREMENT › Subpart L - ILLIANA EXPRESSWAY PROCUREMENT › Section 6.950 - Selection and Negotiations

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The Department may use a selection process that results in the selection of one
				or more proposals including, but not limited to, best value to the public (see
				Section
				6.905, "Best Value
				Selection") or revenue sharing, or any other selection process that the
				Department determines is in the best interest of the State.
b) The Department will select at least 2
				offerors as finalists. One offeror will be named a finalist and at least one
				named an alternate finalist. The Department will submit the offerors'
				statements of qualification and proposals to the COGFA and the PPB. (Section
				20(f) of the Act)
c) The Department
				may select one offeror for negotiations based on the evaluation criteria set
				forth in the RFP. In the event that the Department determines that negotiations
				with the selected offeror are not likely to result in a public private
				agreement or no longer reflect the best offer to the State and the public, the
				Department may commence negotiations with another responsive offeror and may
				suspend, terminate or continue negotiations with the other offeror or offerors.
				If negotiations with the next offeror are unsuccessful, the Department may
				terminate the procurement without award and may begin a new procurement under
				this Subpart L.
d) The Department
				will not select an offeror as the contractor for the Illiana Expressway project
				until it has received and considered the findings of the COGFA and the PPB, as
				set forth in their respective reports. (Section 20(f) of the Act)
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 6 - CHIEF PROCUREMENT OFFICER FOR THE DEPARTMENT OF TRANSPORTATION - CONTRACT PROCUREMENT › Subpart L - ILLIANA EXPRESSWAY PROCUREMENT › Section 6.955 - Interim Agreements

Current through Register Vol. 48, No. 28, July 12, 2024
Prior to or in connection with the negotiation of the public
				  private agreement, the Department may enter into one or more interim agreements
				  with the selected offeror or other vendors if the Department determines in
				  writing that it is in the public interest to do so. (Section 30 of the
				  Act)
a) The interim agreement may not
				authorize the contractor to perform construction work prior to the execution of
				the public private agreement. (Section 30(b) of the Act)
b) The interim agreement may include any or
				all of the provisions set forth in Section 30(c) of the Act. (Section 30(c) of
				the Act)
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 6 - CHIEF PROCUREMENT OFFICER FOR THE DEPARTMENT OF TRANSPORTATION - CONTRACT PROCUREMENT › Subpart L - ILLIANA EXPRESSWAY PROCUREMENT › Section 6.960 - Award

Current through Register Vol. 48, No. 28, July 12, 2024
a) Before awarding a
				public private agreement to an offeror, the Department will schedule and hold a
				public hearing or hearings on the proposed public private agreement and publish
				notice of the hearing or hearings at least 7 days before the hearing and in
				accordance with Section 4-219 of the Illinois Highway Code [605 ILCS
				5/4-219 ].
1) The
				notice must include the following:
A) The
				date, time, and place of the hearing and the address of the
				Department;
B) The subject matter
				of the hearing;
C) A description of
				the agreement that may be awarded; and
D) The recommendation that has been made to
				select an offeror as the contractor for the Illiana Expressway
				project.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 6 - CHIEF PROCUREMENT OFFICER FOR THE DEPARTMENT OF TRANSPORTATION - CONTRACT PROCUREMENT › Subpart L - ILLIANA EXPRESSWAY PROCUREMENT › Section 6.965 - Execution of Contract and Notice to Proceed

Current through Register Vol. 48, No. 28, July 12, 2024
The Department will publish a notice of the execution of the
				  public private agreement and the Notice to Proceed on its website at
http://www.dot.il.gov
and in the
				  newspaper of general circulation within the county or counties whose territory
				  includes or lies within 5 miles from a proposed or existing Illiana Expressway
				  project site. Additionally, the Department will publish the full text of the
				  public private agreement on its website. (Section 65 of the
				  Act)
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 6 - CHIEF PROCUREMENT OFFICER FOR THE DEPARTMENT OF TRANSPORTATION - CONTRACT PROCUREMENT › Subpart L - ILLIANA EXPRESSWAY PROCUREMENT › Section 6.970 - Subsequent Contracts

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The Department may, pursuant to the Code and this Part, award contracts for
				goods, services, or equipment to persons other than the contractor for goods,
				services, or equipment not provided for in the public private agreement.
				(Section 50 of the Act) Notwithstanding any provision of law to the contrary,
				the selection of professional design firms by the Department will comply with
				the Architectural, Engineering, and Land Surveying Qualifications Based
				Selection Act [30 ILCS 535 ]. (Section 47 of the Act)
b) After execution of the public private
				agreement, subsequent contracts by the contractor must be in compliance with
				the Code, the Act and Department policies.
c) The contractor's authority to negotiate
				and execute subsequent subcontracts with third parties will be included in the
				public private agreement.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 6 - CHIEF PROCUREMENT OFFICER FOR THE DEPARTMENT OF TRANSPORTATION - CONTRACT PROCUREMENT › Subpart L - ILLIANA EXPRESSWAY PROCUREMENT › Section 6.975 - Disclosure of Proposal Contents

Current through Register Vol. 48, No. 28, July 12, 2024
In accordance with the Code and the Freedom of Information
				  Act [5 ILCS 140 ] and prior to execution of the public private agreement, all
				  records relating to discussions or negotiations between the Department and
				  short listed offerors will be treated as confidential. Upon final execution of
				  the public private agreement and each financing transaction required to provide
				  funding, all proposals will be subject to possible disclosure under the Freedom
				  of Information Act or federal disclosure laws, except to the extent that the
				  information may be treated as confidential under those laws.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 6 - CHIEF PROCUREMENT OFFICER FOR THE DEPARTMENT OF TRANSPORTATION - CONTRACT PROCUREMENT › Subpart M - PROCUREMENT OF SERVICES UNDER CONSTRUCTION MANAGER/GENERAL CONTRACTOR PROJECT, PROGRESSIVE DESIGN-BUILD, AND DESIGN-BUILD DELIVERY METHODS › Section 6.1000 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
For DBB projects, the architectural, engineering and land
				  surveying services shall be procured in compliance with the QBS Act.
				  Construction management services shall be procured in compliance with Article
				  33 of the Code (Construction Management Services). CMGC, DB, and PDB services
				  shall be procured in compliance with the ITI Act.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 6 - CHIEF PROCUREMENT OFFICER FOR THE DEPARTMENT OF TRANSPORTATION - CONTRACT PROCUREMENT › Subpart M - PROCUREMENT OF SERVICES UNDER CONSTRUCTION MANAGER/GENERAL CONTRACTOR PROJECT, PROGRESSIVE DESIGN-BUILD, AND DESIGN-BUILD DELIVERY METHODS › Section 6.1010 - Other Acts

Current through Register Vol. 48, No. 28, July 12, 2024
The CPO shall review procurements for compliance with
				  applicable Acts listed in Section 30-45 of the Code. This review is governed by
				  other agencies' responsibility for administration of those other Acts (e.g.,
				  for the Prevailing Wage Act [820 ILCS 130], the Department of Labor), and can
				  include, but is not limited to, debarment, ineligibility status, or other
				  sanctions as determined by a State agency under those Acts.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 6 - CHIEF PROCUREMENT OFFICER FOR THE DEPARTMENT OF TRANSPORTATION - CONTRACT PROCUREMENT › Subpart M - PROCUREMENT OF SERVICES UNDER CONSTRUCTION MANAGER/GENERAL CONTRACTOR PROJECT, PROGRESSIVE DESIGN-BUILD, AND DESIGN-BUILD DELIVERY METHODS › Section 6.1020 - Department Representatives

Current through Register Vol. 48, No. 28, July 12, 2024
a) For projects
				with an estimated cost over $30,000,000 at the time the Department makes a
				written determination that it is in the best interests of the State to use the
				selected delivery method for that transportation facility, the Department shall
				independently procure an owner's representative to supplement staff directly
				employed by the Department to provide oversight, contract compliance services,
				and other services related to the project. The Department may secure an owner's
				representative through an on-call services contract for a particular project
				(on a project-by-project basis) or for multiple projects. Owner's
				representative may be one or more of the following:
b) Procurement Engineer (PCE)
1) The Department may appoint from internal
				transportation staff or procure an owner's representative to serve as the
				PCE.
2) The PCE will provide
				services throughout the pre-procurement and procurement phases including items
				such as Phase I design, procurement document development and general
				engineering services in support of a CMGC, PDB, or DB project.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 6 - CHIEF PROCUREMENT OFFICER FOR THE DEPARTMENT OF TRANSPORTATION - CONTRACT PROCUREMENT › Subpart M - PROCUREMENT OF SERVICES UNDER CONSTRUCTION MANAGER/GENERAL CONTRACTOR PROJECT, PROGRESSIVE DESIGN-BUILD, AND DESIGN-BUILD DELIVERY METHODS › Section 6.1030 - CMGC Procurement Process

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				construction manager/general contractor project delivery method utilizes a CMGC
				contractor under a CMGC contract to provide pricing, constructability reviews,
				and risk analysis during design development. The CMGC contractor negotiates a
				guaranteed maximum price for the construction, and upon the Department's
				acceptance of the GMP and agreement on contract terms for construction, the
				CMGC contractor is given notice to proceed with construction. During the
				implementation phase, the CMGC contractor manages the construction and hiring
				of subcontractors to perform the construction work.
b) CMGC projects are implemented in four
				phases:
1) Pre-procurement Phase (Preliminary
				Design/Project Readiness)
2)
				Procurement Phase (Advertisement/Evaluation/Selection)
3) Preconstruction Phase (Design
				Advancement/Contract Price)
4)
				Implementation Phase (Construction)
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 6 - CHIEF PROCUREMENT OFFICER FOR THE DEPARTMENT OF TRANSPORTATION - CONTRACT PROCUREMENT › Subpart M - PROCUREMENT OF SERVICES UNDER CONSTRUCTION MANAGER/GENERAL CONTRACTOR PROJECT, PROGRESSIVE DESIGN-BUILD, AND DESIGN-BUILD DELIVERY METHODS › Section 6.1040 - PDB Procurement Process

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				progressive design-build project delivery method is a form of the design-build
				project delivery method that employs a progressive approach in which the
				Department and the selected progressive design-build contractor collaborate to
				progress the design and refine the project scope to meet project objectives
				with the goal of negotiating a mutually agreeable lump sum or guaranteed
				maximum price for the design and construction work.
b) PDB Projects are implemented in four
				phases:
1) Pre-Procurement Phase (Preliminary
				Design/Project Readiness)
2)
				Procurement Phase (Advertisement/Evaluation/Selection)
3) Preconstruction Phase (Design
				Advancement/GMP)
4) Implementation
				Phase (Final Design/Construction)
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 6 - CHIEF PROCUREMENT OFFICER FOR THE DEPARTMENT OF TRANSPORTATION - CONTRACT PROCUREMENT › Subpart M - PROCUREMENT OF SERVICES UNDER CONSTRUCTION MANAGER/GENERAL CONTRACTOR PROJECT, PROGRESSIVE DESIGN-BUILD, AND DESIGN-BUILD DELIVERY METHODS › Section 6.1050 - DB Procurement Process

Current through Register Vol. 48, No. 28, July 12, 2024
a) Design-build
				is an alternative project delivery method that allows a design-build contractor
				to perform design and construction concurrently, rather than sequentially as on
				DBB projects
b) DB projects are
				developed in the following three phases:
1)
				Pre-Procurement Phase (Preliminary Design/Project Readiness)
2) Procurement Phase
				(Advertisement/Evaluation/Selection)
3) Implementation Phase
				(Design/Construction)
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 6 - CHIEF PROCUREMENT OFFICER FOR THE DEPARTMENT OF TRANSPORTATION - CONTRACT PROCUREMENT › Subpart M - PROCUREMENT OF SERVICES UNDER CONSTRUCTION MANAGER/GENERAL CONTRACTOR PROJECT, PROGRESSIVE DESIGN-BUILD, AND DESIGN-BUILD DELIVERY METHODS › Section 6.1060 - Project Implementation

Current through Register Vol. 48, No. 28, July 12, 2024
Oversight and contract compliance. The Department shall
				  provide design reviews, constructability reviews, construction acceptance,
				  oversight of utility relocations, independent quality assurance surveys,
				  independent material testing, documentation of construction, risk mitigation,
				  and oversight of construction activities, including construction management,
				  maintenance of traffic, permit compliance, and other services which may
				  include: value engineering, stakeholder coordination, or public involvement
				  management through and in addition to the use of owner's representatives
				  according to Section 6.1003.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 6 - CHIEF PROCUREMENT OFFICER FOR THE DEPARTMENT OF TRANSPORTATION - CONTRACT PROCUREMENT › Subpart M - PROCUREMENT OF SERVICES UNDER CONSTRUCTION MANAGER/GENERAL CONTRACTOR PROJECT, PROGRESSIVE DESIGN-BUILD, AND DESIGN-BUILD DELIVERY METHODS › Section 6.1070 - Project Labor Agreement

Current through Register Vol. 48, No. 28, July 12, 2024
A CMGC contract, DB contract, or PDB contract shall require
				  the design-build contractor, progressive design-build contractor or CMGC
				  contractor to enter into a project labor agreement used by the Department
				  unless the transportation project is federally funded and the application of
				  those requirements would jeopardize the receipt or use of federal funds in
				  support of the transportation project as determined by the Department. This
				  requirement does not apply to construction-related professional
				  services.