Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 663 - PROCEDURES FOR ISSUING LOANS FROM THE PUBLIC WATER SUPPLY LOAN PROGRAM TO PROVIDE FUNDING FOR LEAD SERVICE LINE REPLACEMENT › Subpart F - REQUIREMENTS APPLICABLE TO SUBAGREEMENTS › Section 663.640 - Compliance with Procurement Requirements for Construction Contracts

Current through Register Vol. 48, No. 28, July 12, 2024
a) Loan Applicant
				Responsibility
The loan applicant shall be responsible for selecting the
				  low, responsive, and responsible bidder or other contractor in accordance with
				  applicable requirements of State, federal, and local laws and ordinances, as
				  well as for the specific requirements of the loan agreement directly affecting
				  procurement. The loan applicant shall also be responsible for the initial
				  resolution of complaints based upon alleged violations. Any complaints made to
				  the Agency concerning any alleged violation of law in the procurement of
				  construction services or materials for a project involving construction work
				  will be referred to the loan applicant for resolution. The loan applicant shall
				  promptly determine each complaint on its merits and shall allow the complainant
				  and any other party who may be adversely affected to state in writing or at a
				  conference the basis for their views concerning the proposed procurement. The
				  loan applicant shall promptly send by certified mail to the complainant and
				  other affected parties a written summary of its determination, substantiated by
				  an engineering or legal opinion providing a justification for its
				  determination.
b) Time
				Limitations
Complaints should be made as early as possible during the
				  procurement process, preferably prior to the bid opening, to avoid disruption
				  of the procurement process. The complaint shall be mailed (certified mail,
				  return receipt requested) or otherwise delivered no later than 5 working days
				  after the complainant becomes aware of an alleged violation. Unless all bids
				  are rejected, if there is no agreement between the parties within 7 days
				  following the loan applicant's response, the matter shall be resolved in
				  accordance with subsection (c).
c) Remedies
All claims, counter-claims, disputes, and other matters in
				  question between the recipient and the contractor arising out of, or relating
				  to, a subagreement or its breach shall be decided by arbitration if the parties
				  agree, or in a court of competent jurisdiction within the State.
d) Deferral of Procurement Action
If the determination of a complaint by the loan applicant is
				  adverse to the complainant, the loan applicant shall defer issuance of its
				  solicitation or award or notice to proceed under the contract (as appropriate)
				  for 7 days after mailing or delivery of the determination. If the determination
				  (whether made by the loan applicant, the arbitrator or the court) is favorable
				  to the complainant, the terms of the solicitation shall be revised or the
				  contract shall be awarded, as appropriate, in accordance with the
				  determination.