TITLE 44: GOVERNMENT CONTRACTS, GRANTMAKING,
PROCUREMENT AND PROPERTY MANAGEMENT
SUBTITLE B: SUPPLEMENTAL PROCUREMENT
CHAPTER XII: CAPITAL DEVELOPMENT BOARD
PART 990
PREQUALIFICATION OF CONSTRUCTION MANAGERS
SECTION 990.110 PURPOSE
Section 990.110 Purpose
The Capital Development Board construction management
agreements shall be awarded only to prequalified construction managers. An
applicant for prequalification must affirmatively demonstrate its
responsibility. In the absence of information clearly indicating that the
applicant is responsible, CDB shall make a determination of
non-responsibility. Only responsible construction managers shall be
prequalified and permitted to make submittals on CDB projects.
 | TITLE 44: GOVERNMENT CONTRACTS, GRANTMAKING,
PROCUREMENT AND PROPERTY MANAGEMENT
SUBTITLE B: SUPPLEMENTAL PROCUREMENT
CHAPTER XII: CAPITAL DEVELOPMENT BOARD
PART 990
PREQUALIFICATION OF CONSTRUCTION MANAGERS
SECTION 990.120 DEFINITIONS
Section 990.120 Definitions
The following definitions shall apply to this Part:
"CDB"
means the Capital Development Board, the agency.
"CM" means any
individual, sole proprietorship, firm, partnership, corporation, or other legal
entity providing construction management services.
"Consultant" means a
firm or individual who will perform a portion of the contract or assist the CM
in its performance of the contract under a contract with the CM.
"Contract" or "Contract
Requirements" consist of any and all provisions of the CDB Construction
Management Contract (CMC).
"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.
"Office Location" means
all locations at which the CM provides construction management services.
"Parent
Office" means the primary location of the CM's place of business.
"Performance
Record" consists of, but is not limited to, the following:
Data indicating the CM has met all
contract requirements on previous contracts, private and public.
Evidence of
material compliance with all CDB contract requirements.
"Prequalification" is
the status granted by CDB to responsible CMs that permits them to make
submittals on CDB projects or to be awarded a CDB contract.
"Responsibility" is a
determination made by CDB that the CM is a responsible CM. 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 CM is
required to inform CDB of any significant change to the information submitted
in its application. Each CM 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.
| TITLE 44: GOVERNMENT CONTRACTS, GRANTMAKING,
PROCUREMENT AND PROPERTY MANAGEMENT
SUBTITLE B: SUPPLEMENTAL PROCUREMENT
CHAPTER XII: CAPITAL DEVELOPMENT BOARD
PART 990
PREQUALIFICATION OF CONSTRUCTION MANAGERS
SECTION 990.130 PREQUALIFICATION REQUIRED
Section 990.130 Prequalification Required
CDB shall prequalify CMs as required by Article 33 of the
Illinois Procurement Code [30 ILCS 500/Art. 33]. Firms must be prequalified
prior to any submittal of qualifications or interest for a specific project and
prior to entering a contractual relationship with CDB. Prequalification shall
be based upon a determination of responsibility from, but not limited to, the
information supplied on a properly completed CDB prequalification application.
| TITLE 44: GOVERNMENT CONTRACTS, GRANTMAKING,
PROCUREMENT AND PROPERTY MANAGEMENT
SUBTITLE B: SUPPLEMENTAL PROCUREMENT
CHAPTER XII: CAPITAL DEVELOPMENT BOARD
PART 990
PREQUALIFICATION OF CONSTRUCTION MANAGERS
SECTION 990.140 SPECIAL PROJECTS
Section 990.140 Special Projects
a) When
CDB determines a construction project is so large or unique that a special CM
responsibility determination is warranted, CDB may set appropriate standards of
acceptability different from those set out in this Part, including the
prequalification of CMs as part of submittals of statements of qualifications.
Other provisions of this Part shall remain applicable.
b) A
public notice will be posted on CDB's Procurement Bulletin (www.cdb.state.il.us)
and may be published in the CMS Procurement Bulletin, in the official State
newspaper or otherwise made available in print describing the project and any
special prequalification requirements.
c) The
notice will be published at least 30 days before the date the special
prequalification application or the statement of qualifications is due.
d) Prequalification
standards may be revised to be more closely related to the needs or environment
of the special project, e.g., required firm and/or personnel experience may be
limited to a particular size of project, or to experience in a particular
environment such as correctional facility work.
| TITLE 44: GOVERNMENT CONTRACTS, GRANTMAKING,
PROCUREMENT AND PROPERTY MANAGEMENT
SUBTITLE B: SUPPLEMENTAL PROCUREMENT
CHAPTER XII: CAPITAL DEVELOPMENT BOARD
PART 990
PREQUALIFICATION OF CONSTRUCTION MANAGERS
SECTION 990.150 CONFIDENTIALITY
Section 990.150 Confidentiality
Documents relating to responsibility determinations of a CM
shall be maintained by CDB in a separate file and shall remain confidential as
records pertaining to occupational registration, except that they shall be
subject to complete disclosure to the CM to which they relate and to units of federal,
State, or local government, including, but not limited to, law enforcement
agencies. Nothing in this Part shall be construed to mean that CDB is required
to disclose to the CM the name of any person or organization filing a complaint
or providing information to CDB when the complaint or information is used by
CDB as the basis for further inquiry into the facts alleged. CDB may release
to anyone the CM prequalification status with CDB. Notwithstanding the foregoing,
neither the CM Performance Evaluations (CM PE) nor the CM's written responses
to them shall be made available to any other person or firm.
| TITLE 44: GOVERNMENT CONTRACTS, GRANTMAKING,
PROCUREMENT AND PROPERTY MANAGEMENT
SUBTITLE B: SUPPLEMENTAL PROCUREMENT
CHAPTER XII: CAPITAL DEVELOPMENT BOARD
PART 990
PREQUALIFICATION OF CONSTRUCTION MANAGERS
SECTION 990.160 SOURCES FOR DETERMINING RESPONSIBILITY
Section 990.160 Sources for Determining
Responsibility
To determine a CM's responsibility, CDB may utilize
information obtained from one or more of the following sources. In evaluating
the information, greater consideration shall be given to the CM's most recent
projects and projects with CDB.
a) CM Prequalification Application
Form
1) CM
applications shall require, at a minimum:
A) Completed
application form;
B) The
name of each key person associated with the firm, and that person's respective
percentage of ownership;
C) Relevant
work experience;
D) Certification
of compliance with statutory requirements;
E) Work
history reference checks. References obtained may be verified and documented
by the following methods:
i) Telephone
reference checks; or
ii) Reference
questionnaire;
F) CDB
work history, if CDB projects have been awarded; and
G) The
applicant's phone and fax numbers and the firm's e-mail address.
2) Application
Updates
The CM shall have an affirmative
duty to update significant information within 10 days after occurrence.
Failure to disclose as required may lead to action on prequalification. (See
Section 990.310(c).) Significant changes of which CDB shall be notified
include, but are not limited to:
A) Change
of entity corporate structure, including sole owners, partnerships, and federal
employee identification number;
B) Change
of name;
C) Change
of address;
D) Change
or loss of key personnel;
E) Minority/Female
owned firm status;
F) Loss
of Secretary of State "good standing" status;
G) Filing
of bankruptcy;
H) Filing
of formal criminal charges against the firm or its officers, owners or
employees;
I) Suspension
or debarment by another governmental agency; and
J) Contract
terminations.
b) Satisfactory CDB Work History
CDB may review documentation of
the CM's current and past work and performance history, including adherence to
CDB's rules, resolutions, and procedures. The documentation includes, but is
not limited to, performance evaluations prepared by CDB, user agencies, or
contractors.
1) CDB
shall evaluate the performance of each firm upon completion of a contract.
Evaluations shall be made available to the firm and the firm may submit a
written response, with the evaluation and response retained solely by CDB.
The evaluation and response shall not be made available to any other person or
firm and is exempt from disclosure under the Freedom of Information Act [5
ILCS 140]. The evaluation shall be based on the terms identified in the construction
manager's contract. [30 ILCS 500/33-45]
2) In
addition to subsection (b)(1), CDB reserves the right to evaluate a firm during
a project when performance issues warrant that action.
c) Other Governmental Entities
CDB may conduct history reference
checks by contacting federal, state or local governmental entities.
d) Other Sources
In order to determine
responsibility, CDB may conduct reference checks or gather relevant information
from any other source, which may include, but is not limited to:
1) Financial
institutions;
2) Periodicals;
3) Newspapers;
4) Court
records;
5) Dun and
Bradstreet reports;
6) Audited
financial statements;
7) Any
type of public record.
e) Previous Employment History
For any newly organized firm or a
firm with a limited work history, CDB may conduct individual performance
reference checks on any or all personnel.
f) Additional Information
CDB may request
additional information from the CM at any time.
| TITLE 44: GOVERNMENT CONTRACTS, GRANTMAKING,
PROCUREMENT AND PROPERTY MANAGEMENT
SUBTITLE B: SUPPLEMENTAL PROCUREMENT
CHAPTER XII: CAPITAL DEVELOPMENT BOARD
PART 990
PREQUALIFICATION OF CONSTRUCTION MANAGERS
SECTION 990.180 PREQUALIFICATION OF FIRMS AND OFFICE LOCATIONS
Section 990.180 Prequalification of Firms and Office
Locations
a) The
CM shall list all office locations on the prequalification application for
which it seeks prequalification. These office locations may be business
subsidiaries, divisions, branches, etc., that provide construction management
services under the responsibility of the CM. CDB reserves the right to
evaluate each office based on the criteria set forth within this Part. Any
offices not listed on applications shall not be deemed prequalified.
b) Prequalification
shall not apply to any other business location or entity of the CM solely
because of an ownership relationship.
| TITLE 44: GOVERNMENT CONTRACTS, GRANTMAKING,
PROCUREMENT AND PROPERTY MANAGEMENT
SUBTITLE B: SUPPLEMENTAL PROCUREMENT
CHAPTER XII: CAPITAL DEVELOPMENT BOARD
PART 990
PREQUALIFICATION OF CONSTRUCTION MANAGERS
SECTION 990.200 PROCESSING OF CONSTRUCTION MANAGER PREQUALIFICATION APPLICATION
Section 990.200 Processing of Construction Manager
Prequalification Application
a) CMs
must complete a prequalification application, including the Financial Interests
and Potential Conflicts of Interest forms required under Section 50-35 of the
Illinois Procurement Code [30 ILCS 500/50-35].
b) Applications
for renewal will ordinarily be sent to the CMs approximately 60 days before the
expiration of current prequalification and are available electronically on
CDB's Internet site at www.cdb.state.il.us. CMs who do not receive an
application are responsible for obtaining one. CMs must submit their completed
applications at least 45 days prior to the expiration date of their
prequalification.
c) Processing
of applications (either initial or renewal) by CDB will require up to 45 days
after receipt of all requested information and a completed application. When
any information is incomplete or unsatisfactory, a longer processing time will
be required. CMs will be notified when information is incomplete or
unsatisfactory.
d) Unless
otherwise specified in writing by CDB, the term of prequalification shall be
two years from the end of the month the prequalification begins. When
prequalification is granted, the CM will be notified in writing of the
expiration date, which will also be entered on CDB's electronic program. CDB
may grant a shorter term of prequalification by agreement with the CM, when a
determination is made that a shorter period is justified, or when a special
prequalification is developed specifically for a certain project. Updated or
new CM information including the term of prequalification will be entered on
CDB's electronic program weekly. At the beginning of each month, a list of CMs
whose prequalification expires in approximately 60 days will be generated.
e) Applications may be sent
to CDB by facsimile or e-mail.
f) CDB
shall review and evaluate each application received, which may include one or
more of the following actions:
1) Reviewing
to determine whether the application is complete;
2) Contacting
work references or any other possible sources of pertinent information;
3) Requesting
additional information from the applicant;
4) Reviewing
CDB CM performance evaluations; and
5) Meeting
with the applicant at the request of CDB or the applicant.
g) The criteria to be
evaluated include whether the CM has adequate resources.
1) Whether
the CM maintains and works from a separate conventional office that is not a
residence to offices for other businesses.
2) Whether the CM
maintains a full-time office and staff.
3) Whether
key persons in the firm have an educational and work experience background that
makes the key persons sufficiently expert and knowledgeable to carry out the
work.
4) Whether
the CM has financial resources related to or generated by the construction
businesses.
5) Whether
key persons in the firm are engaged in non-construction businesses.
h) CDB
shall grant prequalification to those applicants who:
1) complete applications
for prequalification;
2)
have a history of satisfactorily performing construction management
services, as confirmed by CDB through written reference checks or CDB
performance evaluations;
3)
have or are in the process of obtaining an Illinois Department of Human
Rights number;
4)
have staff that have experience performing construction manager
services;
5)
do not meet any of the criteria set forth in questions 18 through 23 of
the application (violation of safety or environmental laws; conviction of
bribery, etc.; bankruptcy; past suspension or debarment; student loan default);
and
6)
have been and are likely to be "responsible" as represented by
negative findings for the criteria listed in Sections 990.310 and 990.330.
i) The
fact that an applicant may be prequalified does not necessarily represent a
finding of responsibility for a particular procurement.
j) CDB
shall deny prequalification to any firm that has not affirmatively demonstrated
its responsibility.
k) CDB's
determination of responsibility shall be final.
SUBPART B: SUSPENSION, DEBARMENT, MODIFICATION OF PREQUALIFICATION, AND CONDITIONAL PREQUALIFICATION
| TITLE 44: GOVERNMENT CONTRACTS, GRANTMAKING,
PROCUREMENT AND PROPERTY MANAGEMENT
SUBTITLE B: SUPPLEMENTAL PROCUREMENT
CHAPTER XII: CAPITAL DEVELOPMENT BOARD
PART 990
PREQUALIFICATION OF CONSTRUCTION MANAGERS
SECTION 990.300 ACTIONS AFFECTING RESPONSIBILITY AND PREQUALIFICATION
Section
990.300 Actions Affecting Responsibility and Prequalification
At any
time, CDB may consider whether an action is warranted concerning a CM's
prequalification. Actions that may be taken include one or more of the
following:
a) Interim or Emergency
Suspension or Modification
CDB
may summarily suspend or modify a CM's prequalification in accordance with
Section 16 of the Capital Development Board Act [20 ILCS 3105/16].
b) Debarment
CDB
may debar a CM to exclude it from making submittals for CDB contracts as
authorized by statute. The period of debarment shall be not less than five
years and may be permanent when warranted or as authorized by law [20 ILCS
3105/16].
c) Modification of
Prequalification
CDB
may modify or restrict a CM's prequalification as appropriate, including, but
not limited to, one or more of the following:
1) Limiting the size or
type of contracts for which a CM may submit proposals for a specified period of
time, or until a current contract is substantially or fully complete.
2) Limiting the number of
CDB contracts a CM may enter into for a specified period of time, or until a
current contract is substantially or fully complete.
3) Limiting the aggregate
dollar amount of contracts the CM may enter into with CDB.
4) Imposing limits as set
forth in this subsection (c) pending performance on the CM's next CDB contract
in instances where the CM has no current CDB contracts.
d) Conditional
Prequalification
CDB
may condition prequalification (which may be otherwise limited) on the CM's
successful utilization of a management plan, evaluations, conferences, or other
methods designed to achieve satisfactory performance or compliance with
contract requirements.
e) Suspension
CDB
may suspend a CM firm or disqualify a CM firm temporarily from submitting for a
CDB contract, for a period of time up to five years. The CM's failure to
timely pursue administrative action as provided by Subpart D of this Part shall
constitute consent of the CM to CDB's action.
| TITLE 44: GOVERNMENT CONTRACTS, GRANTMAKING,
PROCUREMENT AND PROPERTY MANAGEMENT
SUBTITLE B: SUPPLEMENTAL PROCUREMENT
CHAPTER XII: CAPITAL DEVELOPMENT BOARD
PART 990
PREQUALIFICATION OF CONSTRUCTION MANAGERS
SECTION 990.310 CAUSES FOR SUSPENSION, DEBARMENT, MODIFICATION OF PREQUALIFICATION, AND CONDITIONAL PREQUALIFICATION
Section 990.310 Causes for Suspension, Debarment,
Modification of Prequalification, and Conditional Prequalification
CDB may determine a CM is not responsible and suspend, debar
or otherwise modify a prequalification or issue a conditional prequalification
based upon one or more of the following:
a) Failure
to satisfactorily perform work on CDB contracts, private contracts, or other
governmental contracts. (See also Section 990.330.)
b) Breach
of the terms of a CDB contract, private contract, or other governmental
contract. (See also Section 990.330.)
c) Making
false or misleading statements or failing to disclose or update significant
information in connection with CDB procedures or documents, including, but not
limited to, the prequalification application.
d) Violation
of civil or criminal federal or State statutes or administrative rules and
regulations. In the case of criminal violations, indictment or filing of
formal charges by information (complaint) shall constitute adequate evidence
for a determination of non-responsibility.
e) Financial
instability that may be evidenced by bankruptcy, failure to timely pay
consultants, difficulty in obtaining acceptable insurance, attempts to assign
contract proceeds, or other indications of serious business management
deficiencies.
f) Failure
to understand, accept or utilize CDB procedures and standards, or abuse of CDB
procedures and standards, that results in the extraordinary expenditure of CDB
resources.
g) Commission
of embezzlement, theft, forgery, bribery, falsification or destruction of
records, making false statements, receiving stolen property, or conduct
indicating a lack of business integrity or business honesty that seriously and
directly affects the present responsibility of a CM.
h) Suspension, debarment,
or limits on contracts by any other governmental body.
i) Any
other cause of so serious or compelling a nature that it affects the
responsibility of a CM.
| TITLE 44: GOVERNMENT CONTRACTS, GRANTMAKING,
PROCUREMENT AND PROPERTY MANAGEMENT
SUBTITLE B: SUPPLEMENTAL PROCUREMENT
CHAPTER XII: CAPITAL DEVELOPMENT BOARD
PART 990
PREQUALIFICATION OF CONSTRUCTION MANAGERS
SECTION 990.320 NULLIFICATION OF PREQUALIFICATION
Section 990.320 Nullification of Prequalification
When CDB determines that a CM has knowingly made a material
misrepresentation in its application for prequalification, the CM may not
reapply to CDB for a period of three years from the date of the determination
of material misrepresentation.
a) CDB
will notify the CM of the nullification. The CM may, within 30 days after
notification, submit a written explanation with supporting documentation for
CDB's review.
b) CDB
may cancel awards or terminate any contracts awarded that were based upon the
application with misrepresentations.
c) A
material misrepresentation is made by knowingly submitting any untrue,
misleading or deceptive information or document containing such information, or
by the concealment, suppression or omission of any information, in or from an
application, that causes CDB to act differently than it would have if it had
known the undisclosed or true information.
| TITLE 44: GOVERNMENT CONTRACTS, GRANTMAKING,
PROCUREMENT AND PROPERTY MANAGEMENT
SUBTITLE B: SUPPLEMENTAL PROCUREMENT
CHAPTER XII: CAPITAL DEVELOPMENT BOARD
PART 990
PREQUALIFICATION OF CONSTRUCTION MANAGERS
SECTION 990.330 FAILURE TO SATISFACTORILY PERFORM WORK ON OR BREACH OF THE TERMS OF CDB CONTRACTS, PRIVATE CONTRACTS, OR OTHER GOVERNMENTAL CONTRACTS
Section 990.330 Failure to Satisfactorily Perform Work
on or Breach of the Terms of CDB Contracts, Private Contracts, or Other
Governmental Contracts
CDB may take action upon prequalification for the CM's
failure to satisfactorily perform work on or breach of the terms of CDB
contracts private contracts, or other governmental contracts, such as, but not
limited to, one or more of the following:
a) Failure
to timely submit required documents and drawings according to the project
schedule, causing a delay in the commencement, completion or close out of a
project.
b) Failure to adhere to
contractual document requirements.
c) Failure
to adequately or timely notify CDB of project problems or failure to cooperate
with other parties to the project to timely resolve problems.
d) Failure to timely or
adequately submit budget and estimating documents.
e) Failure
to meet quality standards applicable to the industry (e.g., obtaining or
maintaining nationally or regionally recognized certification).
f) Failure
to provide acceptable quality and quantity of staff to provide comprehensive
project administration services, including field staff authorized to make
timely field decisions on behalf of the firm.
g) Failure
to provide proper personnel to facilitate proper and timely responses to
requests for information in the field.
h) Failure
to facilitate maintenance and submission of timely and adequate record
drawings.
i) Failure to timely
process change orders and contractor pay requests.
j) Failure
to follow directives from CDB within the scope of the contract documents.
k) Failure to attend or to
be properly prepared for project meetings.
l) Failure
to understand, accept or utilize CDB procedures and standards, or abuse of CDB
procedures and standards that results in paper delays, project delays, or the
extraordinary expenditure of CDB resources.
m) Failure
to submit proper pay or modification requests, in accordance with the
contractual provisions, with adequate documentation of costs and pricing within
conventional industry parameters for public contracts.
n) Failure
to submit timely post-award documents, such as, but not limited to, bonds,
certificates of insurance and MBE/FBE certifications.
o) Failure
to cooperate with other parties to the project to timely resolve project
problems.
p) Failure
to meet the project schedule for any reason reasonably within the control of
the CM.
q) Any
other cause of so serious or compelling a nature that it affects the
responsibility of the CM.
| TITLE 44: GOVERNMENT CONTRACTS, GRANTMAKING,
PROCUREMENT AND PROPERTY MANAGEMENT
SUBTITLE B: SUPPLEMENTAL PROCUREMENT
CHAPTER XII: CAPITAL DEVELOPMENT BOARD
PART 990
PREQUALIFICATION OF CONSTRUCTION MANAGERS
SECTION 990.340 INTERIM OR EMERGENCY SUSPENSION OR MODIFICATION PURSUANT TO SECTION 16 OF THE CAPITAL DEVELOPMENT BOARD ACT
Section
990.340 Interim or Emergency Suspension or Modification Pursuant to Section 16
of the Capital Development Board Act
a) CDB may suspend or
modify a CM's prequalification without a prior hearing or administrative
procedure, as provided in Subpart D, for one or more of the following causes:
1) The public interest,
safety or welfare requires suspension or modification.
2) An event or series of
events, including, but not limited to:
A) The filing of an
indictment or of formal charges by information (complaint) charging the firm or
a key person with the firm with a crime.
B) Suspension or
modification of a license or prequalification by another State agency, federal
agency or other branch of government after hearing or by agreement.
C) Failure to comply with
applicable laws.
D) Material breach of a
contract, including, but not limited to, one or more of the causes set forth in
Section 990.330.
E) Failure to satisfactorily
perform work on or breach of a CDB contract, including, but not limited to, one
or more of the causes set forth in Section 990.330 when:
i) The issue has been
brought to the attention of firm management in writing;
ii) All levels of CDB
construction administration have met with firm representatives and discussed
the issue;
iii) CDB conveys to the CM
what action or nonaction is necessary and in accordance with the contract
documents;
iv) The CM willfully and
unreasonably refuses to comply or to obtain consultants, personnel, or other
resources that would enable it to comply.
b) When prequalification is
suspended or modified pursuant to this Section, the CM will be notified in
writing and, within 30 days after the notice, CDB will commence administrative
procedures under Subpart D.
c) When prequalification is
suspended or modified pursuant to subsection (a)(2)(E), if the CM cures the
situation within 30 days after the notice, the suspension or modification will
be rescinded by written notice to the CM. If CDB determines the CM is making
substantial progress toward a cure within 30 days after the notice, CDB may
extend in writing the 30-day period by up to an additional 60 days. If the CM
cures the situation within the extended time period, the suspension or modification
will be rescinded by written notice. In any case, when suspension or
modification is rescinded, it will be removed from the CM's prequalification
record. If the CM fails to cure the situation within 30 days or within the
time extension, whichever is applicable, CDB will immediately commence
administrative procedures under Subpart D.
| TITLE 44: GOVERNMENT CONTRACTS, GRANTMAKING,
PROCUREMENT AND PROPERTY MANAGEMENT
SUBTITLE B: SUPPLEMENTAL PROCUREMENT
CHAPTER XII: CAPITAL DEVELOPMENT BOARD
PART 990
PREQUALIFICATION OF CONSTRUCTION MANAGERS
SECTION 990.350 DENIAL OF PREQUALIFICATION
Section 990.350 Denial of Prequalification
a) This Section is
applicable to CMs who are one of the following:
1) First-time
applicants for CDB prequalification.
2) Firms
that sent a renewal application that arrived at CDB after the prequalification
expiration date or that could not reasonably be processed before the expiration
date.
3) Firms
that sent a renewal application that was incomplete or insufficient, so that
CDB could not reasonably process the application before the expiration date.
b) CMs described
in subsection (a) will be considered to be new applicants to CDB. In the event
that CDB denies prequalification or grants a conditional or modified
prequalification, the CM may request administrative procedures under Subpart D,
but shall not be entitled to an administrative hearing.
SUBPART C: APPLICATION OF CDB ACTION
| TITLE 44: GOVERNMENT CONTRACTS, GRANTMAKING,
PROCUREMENT AND PROPERTY MANAGEMENT
SUBTITLE B: SUPPLEMENTAL PROCUREMENT
CHAPTER XII: CAPITAL DEVELOPMENT BOARD
PART 990
PREQUALIFICATION OF CONSTRUCTION MANAGERS
SECTION 990.400 GENERAL
Section
990.400 General
Suspension,
debarment, nullification of prequalification, modification of
prequalification, issuance of conditional prequalification, or denial of
prequalification by CDB is applicable to a CM's direct contracts with CDB,
unless CDB determines otherwise in writing.
| TITLE 44: GOVERNMENT CONTRACTS, GRANTMAKING,
PROCUREMENT AND PROPERTY MANAGEMENT
SUBTITLE B: SUPPLEMENTAL PROCUREMENT
CHAPTER XII: CAPITAL DEVELOPMENT BOARD
PART 990
PREQUALIFICATION OF CONSTRUCTION MANAGERS
SECTION 990.410 VIOLATION OF CDB ORDER
Section
990.410 Violation of CDB Order
If a CM is
subject to a CDB order suspending or debarring the CM, nullifying or modifying
prequalification, making prequalification conditional, or denying
prequalification, and the CM violates the order in any manner, including, but
not limited to, continuing to make submittals or bid on CDB projects, CDB may
extend the term of suspension, debarment, nullification, modification or
conditional prequalification, or otherwise limit or condition the ability to
make submittals or bid on contracts with CDB.
| TITLE 44: GOVERNMENT CONTRACTS, GRANTMAKING,
PROCUREMENT AND PROPERTY MANAGEMENT
SUBTITLE B: SUPPLEMENTAL PROCUREMENT
CHAPTER XII: CAPITAL DEVELOPMENT BOARD
PART 990
PREQUALIFICATION OF CONSTRUCTION MANAGERS
SECTION 990.420 DENIAL OF AWARD OF CONTRACT
Section
990.420 Denial of Award of Contract
Notwithstanding
any other provisions in this Part, if CDB finds a CM non-responsible, CDB may
deny the CM the award of a contract.
| TITLE 44: GOVERNMENT CONTRACTS, GRANTMAKING,
PROCUREMENT AND PROPERTY MANAGEMENT
SUBTITLE B: SUPPLEMENTAL PROCUREMENT
CHAPTER XII: CAPITAL DEVELOPMENT BOARD
PART 990
PREQUALIFICATION OF CONSTRUCTION MANAGERS
SECTION 990.430 DEBARMENT
Section
990.430 Debarment
CDB may
debar a CM to exclude it from submitting on CDB projects. CDB will consider
debarment in cases so serious and egregious in nature that a permanent loss of
submittal privileges may be warranted. In addition to the causes listed in
Section 990.310, causes for debarment may include, but not be limited to,
multiple or repetitive criminal convictions or multiple non-responsibility
determinations. Following a period of debarment, when a CM submits a
prequalification application to CDB, the application shall be deemed to be a
first-time application rather than an application for renewal. A firm that has
been debarred as a contractor or A/E (architectural/engineering) firm will
automatically be debarred as a CM firm, and vice versa.
| TITLE 44: GOVERNMENT CONTRACTS, GRANTMAKING,
PROCUREMENT AND PROPERTY MANAGEMENT
SUBTITLE B: SUPPLEMENTAL PROCUREMENT
CHAPTER XII: CAPITAL DEVELOPMENT BOARD
PART 990
PREQUALIFICATION OF CONSTRUCTION MANAGERS
SECTION 990.440 REAPPLICATION FOR PREQUALIFICATION
Section
990.440 Reapplication for Prequalification
When a CM
submits a prequalification application to CDB following a denial, or during or
following a period of debarment, suspension, nullification, modification of
prequalification, or conditional prequalification, the CM must affirmatively
demonstrate its responsibility, including demonstrating that the reason for the
denial, or imposition of suspension, debarment, nullification, modification, or
condition, has been remedied.
| TITLE 44: GOVERNMENT CONTRACTS, GRANTMAKING,
PROCUREMENT AND PROPERTY MANAGEMENT
SUBTITLE B: SUPPLEMENTAL PROCUREMENT
CHAPTER XII: CAPITAL DEVELOPMENT BOARD
PART 990
PREQUALIFICATION OF CONSTRUCTION MANAGERS
SECTION 990.450 EXTENSION OF CDB ACTION
Section
990.450 Extension of CDB Action
The effect
of an action imposed under this Subpart by CDB will extend to all affiliates,
branches, subsidiaries, divisions, or parent firms of the CM and to any firm in
which the CM or its key persons have a legal or beneficial interest, unless CDB
determines otherwise in writing.
| TITLE 44: GOVERNMENT CONTRACTS, GRANTMAKING,
PROCUREMENT AND PROPERTY MANAGEMENT
SUBTITLE B: SUPPLEMENTAL PROCUREMENT
CHAPTER XII: CAPITAL DEVELOPMENT BOARD
PART 990
PREQUALIFICATION OF CONSTRUCTION MANAGERS
SECTION 990.460 EFFECT ON CURRENT CONTRACTS
Section
990.460 Effect on Current Contracts
Current
CDB contracts may be terminated when a CM is determined to be non-responsible
and it is in the public interest to do so, whether or not the
non-responsibility has a direct connection with the current contract.
Contracts may be terminated with or without further action on the CM's
prequalification.
| TITLE 44: GOVERNMENT CONTRACTS, GRANTMAKING,
PROCUREMENT AND PROPERTY MANAGEMENT
SUBTITLE B: SUPPLEMENTAL PROCUREMENT
CHAPTER XII: CAPITAL DEVELOPMENT BOARD
PART 990
PREQUALIFICATION OF CONSTRUCTION MANAGERS
SECTION 990.470 BASIS OF DECISIONS
Section
990.470 Basis of Decisions
a) CDB shall make
determinations as appropriate concerning the substance of a CM's business as
opposed to its form and base its decisions on the substance. When a CM
attempts to evade the effects of a possible or actual finding of
non-responsibility by changes of address, multiple addresses, changes in
personnel or their titles, formation of new companies, or other devices, CDB
may take action pursuant to Section 990.300 and Subparts B and C of this Part.
b) CMs that are newly
formed business concerns having substantially the same owners, officers,
directors, or beneficiaries as a previously existing non-responsible firm will
be declared non-responsible unless the new organization can demonstrate it was
not set up for the purpose of avoiding an earlier declaration of
non-responsibility.
| TITLE 44: GOVERNMENT CONTRACTS, GRANTMAKING,
PROCUREMENT AND PROPERTY MANAGEMENT
SUBTITLE B: SUPPLEMENTAL PROCUREMENT
CHAPTER XII: CAPITAL DEVELOPMENT BOARD
PART 990
PREQUALIFICATION OF CONSTRUCTION MANAGERS
SECTION 990.480 SETTLEMENT
Section
990.480 Settlement
Notwithstanding
any provision of this Part, the parties to any contested matter concerning a
CM's prequalification may at any time enter into an agreement to resolve
responsibility issues by settlement.
SUBPART D: PROCEDURES
| TITLE 44: GOVERNMENT CONTRACTS, GRANTMAKING,
PROCUREMENT AND PROPERTY MANAGEMENT
SUBTITLE B: SUPPLEMENTAL PROCUREMENT
CHAPTER XII: CAPITAL DEVELOPMENT BOARD
PART 990
PREQUALIFICATION OF CONSTRUCTION MANAGERS
SECTION 990.500 REVIEW
Section
990.500 Review
When
information that places a CM's responsibility in question comes to CDB's
attention, CDB shall review the facts and documentation. If further inquiry is
desirable, it may do such further inquiry, which may result in an informal CDB conference
with the CM and its appropriate staff members.
| TITLE 44: GOVERNMENT CONTRACTS, GRANTMAKING,
PROCUREMENT AND PROPERTY MANAGEMENT
SUBTITLE B: SUPPLEMENTAL PROCUREMENT
CHAPTER XII: CAPITAL DEVELOPMENT BOARD
PART 990
PREQUALIFICATION OF CONSTRUCTION MANAGERS
SECTION 990.510 NOTICE OF CDB ACTION
Section
990.510 Notice of CDB Action
Unless
proceedings under Section 16 of the Capital Development Board Act [20 ILCS
3105/16] are justified, prior to suspending, conditioning, modifying or
nullifying a CM's prequalification or debarring a CM, CDB will notify the CM in
writing of its intention to take such action and the basis of the action, and
will request that the CM attend an informal conference with CDB personnel. The
CM may bring to the conference any documents, personnel, or other pertinent
information that it wishes CDB to consider. The CM may bring its attorney to
the conference, if desired. Within a reasonable time in advance of the
conference, CDB shall furnish the CM with all information in its possession
that it deems pertinent and shall advise the CM in writing that it has the
right to inspect its prequalification file. Further conferences may be
scheduled by agreement of CDB and the CM. The CM's failure to appear at the
conference shall be construed to indicate the CM does not wish to contest the
matter, and rights to further administrative proceedings shall be forfeited.
| TITLE 44: GOVERNMENT CONTRACTS, GRANTMAKING,
PROCUREMENT AND PROPERTY MANAGEMENT
SUBTITLE B: SUPPLEMENTAL PROCUREMENT
CHAPTER XII: CAPITAL DEVELOPMENT BOARD
PART 990
PREQUALIFICATION OF CONSTRUCTION MANAGERS
SECTION 990.520 EXECUTIVE DIRECTOR DECISION AND REQUEST FOR RECONSIDERATION
Section
990.520 Executive Director Decision and Request for Reconsideration
Following
CDB's conference with the CM, the conference committee shall forward a
recommendation to the CDB Executive Director. The CM will be notified in
writing of the Executive Director's decision. Within 15 days after receipt of
the Executive Director's decision, the CM may request the Executive Director's
reconsideration in writing, including as attachments any and all supporting
evidence not previously submitted. CDB shall respond to the request for
reconsideration within 15 days after CDB's receipt.
| TITLE 44: GOVERNMENT CONTRACTS, GRANTMAKING,
PROCUREMENT AND PROPERTY MANAGEMENT
SUBTITLE B: SUPPLEMENTAL PROCUREMENT
CHAPTER XII: CAPITAL DEVELOPMENT BOARD
PART 990
PREQUALIFICATION OF CONSTRUCTION MANAGERS
SECTION 990.530 HEARINGS
Section
990.530 Hearings
Within 30
days after the CM's receipt of the Executive Director's decision on reconsideration,
the CM may request a hearing in writing. All administrative procedures in this
Subpart D must be exhausted before CDB will consider the request for a
hearing. Hearings shall be conducted in accordance with Hearing Procedures (71
Ill. Adm. Code 100).
| TITLE 44: GOVERNMENT CONTRACTS, GRANTMAKING,
PROCUREMENT AND PROPERTY MANAGEMENT
SUBTITLE B: SUPPLEMENTAL PROCUREMENT
CHAPTER XII: CAPITAL DEVELOPMENT BOARD
PART 990
PREQUALIFICATION OF CONSTRUCTION MANAGERS
SECTION 990.540 BURDEN OF PROOF
Section
990.540 Burden of Proof
a) Any determination
pursuant to this Part may be made when CDB possesses documentation of one or
more of the factors described in Section 990.310, 990.320 or 990.410.
b) Such documentation is
the basis for a presumptive determination of non-responsibility. The CM is
entitled to rebut the presumption, through procedures described in this
Subpart, but the presumption will not be overturned unless the CM shows, by a
preponderance of the evidence, that each factor cited by CDB in support of its
determination of non-responsibility is not present. CDB's determinations are
final and conclusive unless they are clearly erroneous, arbitrary, capricious
or contrary to law.
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