Illinois Administrative Code

Section 8.2055 Types of Contracts a) Scope. This Section contains descriptions of types of contracts and limitations as to when they may be utilized by the State in its procurements. Types of contracts not mentioned in this Section may also be utilized. b) Prohibition of Cost-Plu…

Section 8.2060 Duration of Contracts − General a) General. The duration of a construction or construction-related services contract, including potential renewals, may not exceed 10 years. unless a longer period is permitted by the Code b) Subject to Appropriation. Each contract i…

Section 8.2065 Cancellation of Contracts a) In any of the following cases, the SPO shall have the right to terminate or rescind any contract entered into under this Part without penalty: 1) The successful vendor inexcusably fails to furnish applicable insurance and bonds within t…

Section 8.2075 Protests a) Any person may submit a protest related to the notice of the procurement, the solicitation document, any pre-bid/proposal meeting or any decision to reject a late bid or proposal. b) Any person who has submitted a bid or proposal may protest a decision …

Section 8.2076 Disputes and Contract Controversies a) In the event of a contract dispute or controversies, CDB and the vendor will exercise good faith efforts to resolve the matter fairly, amicably and in a timely manner. CDB shall commence an informal conference to investigate t…

Section 8.2080 Public Procurement File a) A procurement file shall be maintained for all contracts, regardless of the method of procurement. The procurement file shall contain the basis on which the award is made, all submitted bids and proposals, all evaluation materials, score …

Section 8.2084 Record Retention a) Retention of Bulletin Information. Information published in the Bulletin shall be retained for a period of 3 years. Posted information can be placed in an archive located on the Bulletin and publicly available after 90 days. b) Books and records…

Section 8.2086 Filing with the Comptroller a) Filing with Comptroller Whenever a grant, defined pursuant to accounting standards established by the State Comptroller, or a contract liability, except for contracts paid for from personal services or contracts between the State and …

Section 8.25 Property Rights No person shall have any right to a specific contract with the State unless that person has a contract that has been signed by an officer or employee of the purchasing agency with appropriate signature authority. The State shall be under no obligation…

Section 8.2560 Prevailing Wage a) Vendors awarded contracts or subcontracts on public works projects shall comply with the requirements of the Prevailing Wage Act. b) Prevailing wages, benefits and conditions will be determined by the Illinois Department of Labor. c) This Section…

Section 8.3000 Notification of Procurement As soon as practicable, but no later than 7 days after CDB has decided to move forward with a procurement, notice of a need for procurement will be provided to the CPO.

Section 8.3005 Construction and Construction Related Professional Services Construction Contracts. Unless an exception authorized by the Code applies, CDB contracts for construction shall be procured by competitive sealed bidding in accordance with Section 8.2010 of this Part and…

Section 8.3015 Method of Source Selection a) Architect and Engineer Contracts. Solicitation for procurement of services of architects/engineers (A/Es), or related professionals, shall be in accordance with the Architectural, Engineering, and Land Surveying Qualifications Based Se…

Section 8.3025 Retention Trust a) Contractors may elect to have retention deposited in a trust provided that: 1) The project is funded by direct appropriation to CDB; 2) the contract exceeds $300,000; and 3) the specified contract time is 360 calendar days or longer. b) A retenti…

Section 8.3030 Construction Project Specifications When design-bid-build delivery is utilized, except in single prime delivery, and the value of the construction contracts exceed $250,000, separate bidding will be specified for at least the five subdivisions of work enumerated by…

Section 8.3035 Expenditure in Excess of Contract Price a) All change orders, proceed orders and modifications shall be in writing and contain the appropriate authorizations from the agency, user agency and CPO. Documentation shall include a thorough description of the work to be …

Section 8.3040 Purpose CDB shall procure architectural, engineering and land surveying services in compliance with the QBS Act. CDB shall procure construction management services in compliance with Article 33 of the Code (Construction Management Services). CDB shall select DB ser…

Section 8.3043 Other Acts The SPO shall review procurements for compliance with Section 30-45 of the Code (Other Acts). This review is governed by other agencies' responsibility for administration of those other Acts (e.g., for the Prevailing Wage Act, the Department of Labor), a…

Section 8.3045 Written Determination a) Before electing to use DB on a given project, CDB shall make a written determination, including a description as to the particular advantages of the DB procurement method for that project. The written determination shall be reviewed and app…

Section 8.3050 Public Notice a) With the exception of contracts with an estimated basic professional fee of less than $25,000, whenever CDB requires the services of an A/E or land surveyor, CDB shall submit to the CPO a notice of the need for services, also known as an RFP, for p…

Section 8.3055 Design-Build Request for Proposal a) Notice of intent to issue a design build RFP shall be provided 14 days prior to issuing the RFP. b) CDB shall provide a copy of the request for proposal to any party requesting a copy. c) An RFP shall be prepared by CDB for each…

Section 8.3060 Preparation of Design-Build Scope and Performance Criteria a) The scope and performance criteria shall be prepared by a design professional who is an employee of CDB, or CDB may contract with an independent design professional selected under the QBS Act to provide …

Section 8.3065 Submittal Requirements a) A/E and CM All A/Es submitting statements of qualifications for a specific project shall be prequalified with CDB prior to the date and time that the offers are due. All CMs submitting statements of qualifications for a specific project sh…

Section 8.3070 Selection Procedures a) CDB shall select three A/Es or CMs qualified to provide the professional services for a specific project. These A/Es or CMs shall be ranked in order of qualifications. Board approval of these A/Es or CMs shall be final and binding. b) In the…

Section 8.3075 Evaluation Committee a) A/E or CM Evaluation Committee. The CDB Executive Director shall appoint an agency employee to serve as chair of the evaluation committee. The evaluation committee chairman shall appoint a committee to recommend to the Executive Director and…

Section 8.3080 Evaluation Procedures a) In making its recommendations, the selection committee may consider, among other factors: 1) The A/E's or CM's qualifications. 2) The ability of professional personnel submitted by the A/E or CM. 3) The A/E's or CM's past record and experie…

Section 8.3085 Preliminary Evaluations CDB may appoint staff members to perform a preliminary evaluation (prescreening) to provide a preliminary ranking of the A/Es or CMs for the committee's consideration. This prescreening shall consider, among other factors, the relevant proje…

Section 8.3090 Interviews a) The evaluation committee shall conduct interviews when the estimated value of the basic services fee exceeds $300,000. The CDB Executive Director may choose to conduct interviews for smaller projects under special circumstances. A minimum of three ven…

Section 8.3095 Phase 1 Design-Build Evaluation a) In Phase 1, CDB will evaluate and shortlist the DB entities based on qualifications submitted in response to the RFP. b) Evaluation shall be based on the prequalification requirements, evaluation criteria and relative importance o…

Section 8.3100 Design-Build Shortlist a) Upon completion of the Phase 1 qualifications evaluation, CDB shall create a shortlist of no fewer than 2 and no more than 6 (or the maximum number noted in the RFP) of the most highly qualified DB entities and shall be reviewed by the CPO…

Section 8.3105 Phase 2 Design-Build Evaluation a) In Phase 2, CDB will evaluate and rank the selected DB entities based on their technical and cost proposals. b) Evaluation shall be based on the technical and cost submission components and relative importance or weighting of the …

Section 8.3110 Delegation of Architect/Engineer Evaluations a) CDB may delegate the evaluation of prospective A/Es to the user agency (school district, college, university, Illinois Community College Board or unit of local government). The user agency shall be required to comply …

Section 8.3115 Award of Design-Build Contract a) CDB may award the DB contract to the highest overall ranked entity based on the Phase 2 submissions. b) Notice of award shall be made in writing. Unsuccessful entities shall also be notified in writing. c) CDB may not request a bes…

Section 8.3120 Small Projects a) For contracts whose estimated value is less than $25,000, CDB may select any prequalified A/E in accordance with Section 45 of the QBS Act. b) For contracts whose value is less than $25,000, CDB may select any prequalified CM in accordance with Se…

Section 8.3125 Emergency Projects a) CDB may immediately select an A/E when it is in the best interest of the State or in emergencies to protect public health or safety in accordance with Section 50 of the QBS Act. b) CDB may immediately select a CM when it is in the best interes…

Section 8.3130 Construction Manager Procurement Limitations a) A CM cannot participate in a selection process if it or a substantially affiliated vendor is under contract or in the process of contracting with CDB for other goods or services required for the project and the CM's d…

Section 8.3135 Publication of Award The names of the three recommended A/E, and CM firms and the respective projects shall be published in CDB's Procurement Bulletin within 3 days after the selection and prior to Board action on the selection. The contract award shall be posted n…

Section 8.3140 Design-Build Reports and Evaluations a) CDB shall require each selected DB entity to submit a written report at the end of every 6 month period following the contract award, and again prior to final contract payout and closure, detailing its efforts and success in …

Section 8.3145 Federal Requirements CDB will comply with federal law and regulations and take all necessary steps to adapt the rules, policies and procedures to remain eligible for federal aid.

Section 8.3150 Procurement Under the Architectural, Engineering, and Land Surveying Qualifications Based Selection Act Solicitation for procurement of services of architects/engineers (A/Es), or related professionals, shall be in accordance with this Subpart with the Architectura…

Section 8.3155 Procurement Under the Design-Build Procurement Act Solicitation for procurement of design-build services shall be in accordance with this Subpart and the Design-Build Procurement Act and CDB's rules (44 Ill. Adm. Code 1030). SUBPART O: PREFERENCES

Section 8.4505 Procurement Preferences The procurement preferences identified in Article 45 of the Code must be considered in developing procurement documents, conducting evaluations and drafting contracts. Any preferences applicable to an individual procurement will be stated in…

Section 8.4510 Resident Vendor Preference a) "Illinois resident vendor", as used in this Section, means a person, including a foreign corporation or other entity, that is authorized to transact business in this State and having a bona fide establishment for transacting business w…

Section 8.4526 Environmentally Preferable Procurement Construction shall be accomplished in accordance with the Green Buildings Act.

Section 8.4535 Qualified Not-for-Profit Agencies for Persons with Severe Disabilities a) Use. The CPO shall distribute to each SPO and CDB a list of supplies and services available from qualified not-for-profit agencies for persons with severe disabilities (sheltered workshops). …

Section 8.4545 Small Business a) Set-Aside. The CPO may set-aside a certain portion of construction contracts for small businesses. b) Small Business List. The CPO may develop a list, or may use a list maintained by another State agency or another CPO, of vendors that meet the cr…

Section 8.4557 Veterans It is the goal of the State to promote and encourage the continued economic development of small businesses owned and controlled by qualified veterans and that qualified service-disabled veteran-owned small businesses (SDVOSB) and veteran-owned small busin…