Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 661 - GENERAL CONDITIONS OF GRANTS FOR THE FINANCING AND CONSTRUCTION OF PUBLIC WATER SUPPLY FACILITIES › Subpart C - REQUIREMENTS APPLICABLE TO SUBAGREEMENTS OF GRANTEE › Section 661.305 - Compliance with Procurement Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) Grantee responsibility
The grantee is responsible for selecting the low, responsive,
				  and responsible bidder or other contractor in accordance with State or local
				  laws or ordinances, and the grant agreement directly affecting procurement, and
				  for the initial resolution of complaints based upon alleged violations. The
				  grantee shall promptly determine each complaint upon its merits permitting the
				  complaining party as well as any other interested party who may be adversely
				  affected to state in writing or at a conference the basis for his or her views
				  concerning the proposed procurement. The grantee must promptly furnish to the
				  complaining party and to other affected parties, by certified mail, a written
				  summary of its determination, substantiated by an engineering and legal
				  opinion, providing a justification for its determination.
b) Arbitration
Disputes between the grantee and any party adversely affected
				  by the determination of the grantee made pursuant to subsection (a) shall be
				  resolved by binding arbitration by a single arbitrator, in accordance with the
				  Construction Industry Arbitration Rules of the American Arbitration Association
				  (140 W. 51st Street, N.Y., N.Y., 10020, 1986). (This
				  incorporation contains no further amendments or editions.) This agreement to
				  arbitrate shall be specifically enforceable under the Uniform Arbitration Act [
				  710 ILCS 5 ]. The award rendered by the arbitrator shall be final, and judgment
				  may be entered upon it in any court having jurisdiction thereof. A copy of the
				  arbitration award shall be provided to the Agency immediately upon its
				  issuance.
c) Time
				limitations
Complaints under subsection (a) shall should made in writing
				  to the grantee, with a copy to the Agency, as early as possible during the
				  procurement process, preferably prior to issuance of an invitation for bids to
				  avoid disruption of the procurement process. A complaint authorized by
				  subsection (a) must be mailed by certified mail (return receipt requested) or
				  delivered to the grantee, with a copy to the Agency, no later than five working
				  days after the bid opening. A request for arbitration pursuant to subsection
				  (b) must be made to the American Arbitration Association within one week after
				  the complaining party received the grantee's adverse
				  determination.
d) Deferral
				of procurement action
When the grantee has received a written complaint pursuant to
				  subsection (a), it must defer issuance of its solicitation or award or notice
				  to proceed under the contract (as appropriate) for ten days after mailing or
				  delivery of any written adverse determination. If a determination is made by
				  either the grantee or the arbitrator that is favorable to the complainant, the
				  terms of the solicitation must be revised or the contract must be awarded (as
				  appropriate) in accordance with this determination.