Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 360 - GENERAL CONDITIONS OF STATE OF ILLINOIS GRANTS FOR SEWAGE TREATMENT WORKS UNDER THE ANTI-POLLUTION BOND ACT OF 1970 › Subpart C - REQUIREMENTS APPLICABLE TO APPLICATIONS FOR GRANTS › Section 360.302 - Construction Contracts of Grantee

Current through Register Vol. 48, No. 28, July 12, 2024
a) This condition shall apply to construction
				contracts (subagreements) awarded by recipients of Step 3 or Step 2 and 3
				projects only, except that it shall not apply to personal and professional
				service contracts, for which see General Condition Section
				360.303,
				(Contracts for Personal and Professional Services - Consulting Engineering
				Agreements) below.
b) The project
				work shall be performed under one or more contracts awarded by the grantee to
				private firms, except for force account work authorized by the
				Agency.
c) Each contract shall be
				either a fixed-price (lump sum) contract or fixed-rate (unit price) contract,
				or a combination of the two, unless the Agency gives advance written approval
				for the grantee to use some other acceptable type of contract. The cost-plus-a
				percentage of cost type of contract shall not be used.
d) Each contract shall be awarded after
				formal advertising, unless negotiation is permitted in accordance with General
				Condition Section
				360.301(m),
				(Negotiation of Subagreements) above. Formal advertising shall be in accordance
				with the following:
1) Adequate public notice
The applicant will cause adequate notice to be given of the
				  solicitation by publication in newspapers or journals of general circulation,
				  beyond the applicant's locality (statewide, generally) inviting bids on the
				  project work, and stating the method by which bidding documents may be obtained
				  and examined. Where the estimated prospective cost of Step 3 construction is
				  ten million dollars or more, such notice must generally by published in trade
				  journals of nationwide distribution. The applicant should in addition solicit
				  bids directly from bidders, if it maintains a bidders list.
2) Adequate time for preparing bids
Adequate time, generally not less than 30 days, must be
				  allowed between the date when public notice pursuant to paragraph (1) of this
				  section is first published and the date by which bids must be submitted.
				  Bidding documents (including specifications and drawings) shall be available to
				  prospective bidders from the date when such notice is first published.
3) Adequate bidding documents
A reasonable number of bidding documents (invitations for
				  bid) shall be prepared by the grantee and shall be furnished upon request on a
				  first-come, first-served basis. A complete set of bidding documents shall be
				  maintained by the grantee and shall be available for inspection and copying by
				  any party. Such bidding documents shall include:
A) A complete statement of the work to be
				performed, including necessary drawings and specifications, and the required
				completion schedule. (Drawings and specifications may be made available for
				inspection instead of being furnished.);
B) The terms and conditions of the contract
				to be awarded;
C) A clear
				explanation of the method of bidding and the method of evaluation of bid
				prices, and the basis and method for award of the contract;
D) Responsibility requirements or criteria
				which will be employed in evaluating bidders; Provided, That an experience
				requirement or performance bond may not be utilized unless adequately justified
				under the particular circumstances by the applicant;
E) The following statement:
Any contract awarded under this Invitation for Bids is
				  expected to be funded in part by a grant from the Illinois Anti-Pollution Bond
				  Fund. Neither the State of Illinois nor any of its departments, agencies or
				  employees is or will be a party to this Invitation for Bids or any resulting
				  contract;
F) A copy of this
				General Solution Section 360.302(d)(3)(F) in the proposal form to be used by
				bidders, which shall, unless deleted by a bidder, constitute a representation
				and certification to be considered as a part of his bid. This General Condition
				Section 360.302(d)(3)(F) shall also constitute a statement that a bid will not
				be considered for award where Section 360.302(d)(3)(G)(i), (d)(3)(G)(iii),
				below has been omitted or modified. Where Section 360.302(d)(3)(G)(ii) has been
				deleted or modified, the bid will not be considered for award unless the bidder
				furnishes with the bid a signed statement which sets forth in detail the
				circumstances of the disclosure and the Director of the Agency, or his
				designee, determines that such disclosure was not made for the purpose of
				restricting competition:
G) By
				submission of the bid, each bidder certifies, and in the case of a joint bid
				each party thereto certifies as to his own organization, that in connection
				with the bid:
i) The prices in the bid have
				been arrived at independently, without consultation, communication, or
				agreement, for the purpose of restricting competition, as to any matter
				relating to such prices with any other bidder or with any competitor;
ii) Unless otherwise required by law, the
				prices which have been quoted in the bid have not knowingly been disclosed by
				bidder, prior to opening, directly or indirectly to any other bidder or to any
				competitor; and
iii) No attempt has
				been made or will be made by the bidder to induce any other person or firm to
				submit or not to submit a bid for the purpose of restricting
				competition.
H) Each
				person signing the bid shall certify that:
i)
				He is the person in the bidder's organization responsible within that
				organization for the decision as to the prices being bid and that he has not
				participated, and will not participate, in any action contrary to Section
				360.302 (d)(3)(G)(i-iii) above; or
ii) He is not the person in the bidder's
				organization responsible within that organization for the decision as to the
				prices being bid but that he has been authorized to act as agent for the
				persons responsible for such decision in certifying that such persons have not
				participated, and will not participate, in any action contrary to Section
				360.302 (d)(3)(G)(i-iii) above, and as their agent shall so certify; and shall
				also certify that he has not participated, and will not participate, in any
				action contrary to Section 360.302 (d)(3)(G)(i-iii) above; and
I) A copy of all the general
				conditions, special conditions, assurances, agreements and terms of the grant
				offer.
4) Sealed Bids
The grantee shall provide for bidding by sealed bid and for
				  the safeguarding of bids received until public opening.
5) Amendments to bidding documents
If the grantee desires to amend any part of the bidding
				  documents (including drawings and specifications) during the period when bids
				  are being prepared, the amendments shall be communicated in writing to all
				  firms who have obtained bidding documents in time to be considered prior to the
				  bid opening time; when appropriate, the period for submission of bids shall be
				  extended.
6) Bid
				modifications
A firm which has submitted a bid shall be allowed to modify
				  or withdraw its bid prior to the time of bid opening.
7) Public opening of bids
The grantee shall provide for a public opening of bids at the
				  place, date and time announced in the bidding documents.
8) Award to the low responsive, responsible
				bidder.
A) After bids are opened, they shall
				be evaluated by the grantee in accordance with the methods and criteria set
				forth in the bidding documents.
B)
				The grantee may reserve the right to reject all bids. Unless all bids are
				rejected, award shall be made to the low, responsive, responsible bidder after
				the bid evaluation has been submitted to the Agency and written notice of
				Agency approval has been received by the grantee.
C) If award is intended to be made to a firm
				which did not submit the lowest bid, a written statement shall be prepared
				prior to any award and retained by the grantee explaining why each lower bidder
				was deemed not responsive or not responsible.
D) Local laws, ordinances, regulations or
				procedures which are designed or operate to give local or in-state bidders
				preference over other bidders shall not be employed in evaluating
				bids.