Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 980 - PREQUALIFICATION OF ARCHITECTS AND ENGINEERS › Subpart A - RESPONSIBILITY › Section 980.120 - 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, the agency.
"Consultant" means a firm or individual who will perform a
				  portion of the contract or assist the A/E in its performance of the contract
				  under a contract with the A/E.
"Contract or Contract Requirements" consist of any and all
				  provisions of the CDB Professional Services Agreement (PSA).
"Office Location" means all locations at which the A/E
				  provides professional services under the license granted by the Department of
				  Professional Regulation and that are under the responsibility of the managing
				  agent for that license.
"Parent Office" means the primary location of the A/E's place
				  of business.
"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 organization 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, managing agent 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.
"Performance Record" consists of, but is not limited to, the
				  following:
Evidence of material compliance with all CDB contract
				  requirements.
Data indicating the A/E has met all contract requirements on
				  previous contracts, private and public.
"Prequalification" is the status granted by CDB to
				  responsible A/Es that permits them to make submittals on CDB projects or be
				  awarded a CDB contract.
"Profile Codes" means branches of knowledge or expertise of
				  architectural or engineering practice that may be provided by firms and that
				  are listed on CDB's A/E prequalification application.
"Responsibility" is a determination made by CDB that the A/E
				  is a responsible A/E. The determination may be made at any time. 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 an application to CDB, may be changed upon receipt of additional or
				  different information. The A/E is required to inform CDB of any significant
				  change to the information submitted in its application. Each A/E must provide
				  CDB with adequate documentation of responsibility. CDB will ordinarily provide
				  forms for this information. CDB may supplement this information from other
				  sources and may require additional documentation at any time. A responsibility
				  determination may also be verified on an ongoing basis through other
				  information, including but not limited to performance evaluations and reference
				  contacts.
"Responsible A/E" 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 insurance from 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.
Has provided all information required by the Financial
				  Interest and Potential Conflicts of Interest Disclosure forms required under
				  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.
"Trade Codes" means the professional practice in which the
				  individual is licensed, or the firm is registered, by DPR to practice and, for
				  general engineering licenses, any area of specialty within that
				  practice.