Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1150 - SELECTION OF CONTRACTORS AND CONSULTANTS FOR ABANDONED MINED LANDS RECLAMATION PROJECTS › Subpart B - STANDARD CONSTRUCTION CONTRACTS › Section 1150.200 - Bidding Requirements and Conditions

Current through Register Vol. 48, No. 28, July 12, 2024
a) Prequalification of Bidders
1) Each bidder shall be prequalified by the
				Department of Transportation and eligible to bid as provided in 44 Ill. Adm.
				Code 650 and described in Section 102 of the Standard Specifications for Road
				and Bridge Construction published by the Department of Transportation.
				Application for prequalification shall be made directly to the Department of
				Transportation.
2) The Department
				shall rely upon any determination and statement by the Department of
				Transportation that a bidder is not qualified or that the bidder's
				qualification has been suspended, without additional inquiry or verification.
				Any appeal, challenge, or dispute by a bidder relating to an adverse
				determination of the Department of Transportation shall be made to the
				Department of Transportation.
3) No
				error in any determination of a bidder's qualifications made by the Department
				of Transportation shall invalidate any decision of the Department of Natural
				Resources.
4) Independent of any
				determination by the Department of Transportation, the Department of Natural
				Resources by and through the Director of the Office of Mines and Minerals may
				declare a contractor ineligible for reclamation project contracts and suspend
				that contractor's eligibility for up to one year. The Contractor shall be sent
				written Notice of the Department's action. The following shall be sufficient
				grounds for suspension:
A) Material breach of
				contract.
B) Delivery of materials
				or performance of services which do not comply with the specifications of the
				contractor's contract with the Department or any other State agency or
				department.
C) Failure to perform
				within the time specified in the contract.
D) Failure to keep offer firm for length of
				time specified by the bidder in his/her bid.
E) Failure to provide performance bond when
				required by invitation for Bids.
F)
				Collusion with other bidders or prospective bidders to restrain competitive
				bidding.
G) Giving information in
				an application for inclusion on a bidder's list that is later found to be false
				or materially misleading.
H) Any
				substitution of materials, even though of the same quality, without first
				securing the written consent of the State.
I) Bankruptcy or other evidence of insolvency
				of the bidder, such as the failure to timely pay suppliers and
				sub-contractors.
J) Revocation of
				the Department of Human of Rights Public Contract number.
K) Failure to provide prevailing wages and
				benefits where required by law (Prevailing Wage Act [820 ILCS 130 ]).
L) Non-compliance with Equal Employment
				Opportunity contract provisions.
M)
				A recommendation from OSM that the contractor is not eligible for an AML
				contract under
				30 CFR
				874.16.
5) In all actions suspending a contractor's
				eligibility to bid on reclamation project contracts, the Contractor may protest
				the Department's action by submitting to the Director of the Department a
				written statement of objection setting forth the facts and circumstances of the
				action which are alleged to be legally or otherwise objectionable. The written
				statement of objection must be received by the Director within 14 calendar days
				after the objectionable action. The Director shall provide the Contractor with
				a hearing in accordance with procedures set forth in 17 Ill. Adm. Code 2530.
				Notwithstanding the provisions of Sections
				2530.320
				-
				2530.350
				concerning initiation of proceedings by the Department, the Contractor shall
				initiate the proceedings.