Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 950 - PREQUALIFICATION AND BIDDER RESPONSIBILITY › Subpart A - BIDDER RESPONSIBILITY › Section 950.130 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
The following definitions shall apply to this Part:
"A/E" means an individual or firm in the business of
				  providing architectural, engineering or land surveying services as authorized
				  by the State of Illinois Department of Professional Regulation (DPR). Licensed
				  individuals shall be registered with DPR as sole proprietorships. Firms and
				  corporations shall be registered with DPR.
"CDB" means the Capital Development Board.
"Contract Requirements" consist of any and all provisions of
				  the CDB contract, which include, but are not limited to the following:
The timely submittal of all post-award requirements.
Material compliance with all applicable statutory
				  requirements, local, State and federal laws, environmental and regulatory
				  requirements and CDB Rules and Resolutions.
Payment of prevailing wage rate as determined by the Illinois
				  Department of Labor.
Adherence to alternative dispute resolution
				  provisions.
Material compliance with all Minority and Female Business
				  Enterprise Act requirements and workforce hiring goals.
Timely payment to subcontractors and suppliers, unless
				  rightfully withheld and the contractor does not request payment from
				  CDB.
Material compliance with project schedules.
Maintaining applicable licensing requirements.
"Contractor" or "Bidder" means a firm that is in the business
				  of constructing some or all aspects of building projects.
"Executive Director" means the Director of the Capital
				  Development Board.
"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 firm 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 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.
"New Bidder" is one that has no history of performance with
				  CDB or who has been inactive for more than 3 years. Work history is determined
				  in accordance with Section
				  950.170.
				  Bidders who are newly formed business concerns having substantially the same
				  owners, officers, directors, or beneficiaries as a previously existing
				  non-responsible bidder 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.
"Performance Record" consists of but is not limited to the
				  following:
Evidence of material compliance with all CDB contract
				  requirements as referenced.
Data indicating the contractor has maintained quality
				  workmanship and has met all contract requirements on previous contracts,
				  private and public.
"Responsibility" is a determination made by CDB that the
				  contractor is a responsible contractor. The determination may be made at any
				  time prior to or following award of a contract. 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 a new or
				  renewal application to CDB, may be changed upon receipt of additional or
				  different information. The contractor is required to inform CDB of any
				  significant change to the information submitted in its application. Each
				  prospective bidder must provide the CDB with adequate documentation of
				  responsibility. The CDB will ordinarily provide forms for this information. The
				  CDB may supplement this information from other sources and may require
				  additional documentation at any time. For ease of administration, the basic
				  information generally will be garnered through the contractor/bidder
				  responsibility application in the case of new bidders. The responsibility
				  determination will be reviewed periodically through a renewal application. CDB
				  reserves the right to demand completion of a contractor/bidder responsibility
				  application and supporting documents at any time. A responsibility
				  determination will also be reviewed on an ongoing basis through other
				  information, including but not limited to performance evaluations and reference
				  contacts.
"Responsible Contractor" is a firm that:
Has adequate financial resources to perform the contract, or
				  the ability to obtain them. This includes, but is not limited to, the ability
				  to obtain required bonds and insurance from sureties and insurance companies
				  acceptable to CDB.
Is able to comply with the contract requirements, considering
				  the firm's other business obligations.
Has a satisfactory performance record.
Has a satisfactory record of integrity and business
				  ethics.
Has the necessary organization, experience, accounting and
				  operational controls, and technical skills, or the ability to obtain them. This
				  includes, but is not limited to, qualified supervisory personnel and a work
				  force qualified to meet CDB contract work force requirements.
Has the necessary production, construction, and technical
				  equipment and facilities, or the ability to obtain them.
Has a current DHR number or application pending.
Has provided all information required by the Financial
				  Interests and Potential Conflicts of Interest Disclosure forms required by
				  Section 50-35 of the Illinois Procurement Code [30
				  ILCS 500/50-35 ].
Is otherwise qualified and eligible to receive a contract
				  award under applicable laws and regulations.
"Responsive Bidder" means a person or firm who has submitted
				  a bid that conforms in all material respects to the invitation for bids. Those
				  who submit bids which are not in conformance with the requirements of the
				  invitation for bids will be determined to be non-responsive, which factors
				  include, but are not limited to:
Failure to be prequalified with CDB in advance of the bid
				  opening date.
Submission of a bid late, in pencil, or in a manner that
				  reveals the bid price prior to the bid opening (e.g., by facsimile).
Submission of a bid that is not in substantial conformance
				  with the bidding documents.
Submission of bid security that is not in substantial
				  compliance with the requirements of the bidding documents.