Illinois Administrative Code

Section 950.230 Interim or Emergency Suspension or Modification Pursuant to Section 16 of the Capital Development Board Act a) CDB may suspend or modify a contractor's prequalification without a prior hearing, or administrative procedure provided in Subpart D, for one or more of …

Section 950.240 Denial of Prequalification a) This Section is applicable to contractors who are one of the following: 1) First-time applicants for CDB prequalification. 2) Firms who sent a renewal application that arrived at CDB after the prequalification expiration date or could…

Section 950.250 Increase or Decrease of Financial Prequalification Rating (Repealed) (Source: Repealed at 16 Ill. Reg. 12424, effective July 28, 1992)

Section 950.260 Aggregate Dollar Amount of Contracts (Repealed) (Source: Repealed at 16 Ill. Reg. 12424, effective July 28, 1992)

Section 950.270 Contracts More than Seventy Percent (70%) Completed (Repealed) (Source: Repealed at 16 Ill. Reg. 12424, effective July 28, 1992)

Section 950.280 Joint Ventures (Repealed) (Source: Repealed at 16 Ill. Reg. 12424, effective July 28, 1992)

Section 950.290 Appeal of Prequalification Rating (Repealed) (Source: Repealed at 16 Ill. Reg. 12424, effective July 28, 1992) SUBPART C: APPLICATION OF CDB ACTION

Section 950.300 General Suspension, debarment, nullification of prequalification, modification of prequalification, or issuance of conditional prequalification by CDB is applicable to a contractor's direct contracts with CDB and to subcontracts on CDB projects, unless otherwise d…

Section 950.310 Violation of CDB Order When a contractor works as a subcontractor on a CDB project in violation of Section 950.300, continues to submit bids on CDB projects when prohibited, or otherwise violates terms or conditions imposed by CDB, CDB may extend the term of suspe…

Section 950.320 Nullification of Prequalification When CDB determines that a contractor has knowingly made a material misrepresentation in its application for prequalification, the contractor may not re-apply to CDB for a period of three years. a) When the contractor has not prev…

Section 950.330 Denial of Award of Contract Notwithstanding any other provisions in this Part, if CDB finds a contractor non-responsible due to one or more causes set out in Section 950.210 of this Part, CDB may deny the contractor the award of a contract.

Section 950.340 Debarment CDB may debar a contractor to exclude it from bidding on CDB projects as provided herein or otherwise provided by statute. CDB will consider debarment in cases so serious and egregious in nature that a loss in excess of five years up to a permanent loss …

Section 950.350 Reapplication for Prequalification When a contractor submits a prequalification application to CDB following a denial, or during or following a period of debarment, suspension, nullification, modification of ability to bid, or conditional prequalification, the con…

Section 950.360 Extension of CDB Action The effect of action imposed by CDB will extend to all affiliates, branches, subsidiaries, divisions, or parent firms of the contractor, and to any firm in which the contractor or its key persons have a legal or beneficial interest, unless …

Section 950.370 Effect on Current Contracts Current CDB contracts may be terminated when a contractor 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 …

Section 950.380 Basis of Decisions CDB shall make determinations as appropriate concerning the substance of a contractor's business as opposed to its form, and base its decisions on the substance. When a contractor attempts to evade the effects of a possible or actual finding of …

Section 950.390 Settlement Notwithstanding any provision of this Part, the parties to any contested matter concerning contractor prequalification may at any time enter into an agreement to resolve prequalification issues by settlement. (Source: Amended at 22 Ill. Reg. 20007, effe…

Section 950.400 Review When information which places a contractor's responsibility and prequalification 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 info…

Section 950.410 Conference a) Unless proceedings under Section 16 of the CDB Act [20 ILCS 3105/16] are justified, prior to suspending, conditioning, modifying or nullifying a contractor's prequalification or debarring a contractor, CDB will notify the contractor in writing of its…

Section 950.420 Executive Director Following CDB's conference with the contractor, the committee shall forward a recommendation as to a determination of responsibility and prequalification to the Executive Director for consideration. The contractor will be notified in writing of …

Section 950.430 Request for Reconsideration Within 15 days after receipt of the Executive Director's decision, the contractor shall make any further appeal to the Executive Director in writing. The appeal shall request reconsideration of the decision and shall include as attachme…

Section 950.440 Hearings Within 30 days after the contractor's receipt of the Executive Director's decision on the request for reconsideration, the contractor may request a hearing in writing. All administrative procedures in this Subpart D must be exhausted before CDB will consi…

Section 950.450 Burden of Proof Any determination pursuant to this Part may be made when CDB possesses documentation of one or more of the factors described in Section 950.180, 950.210, or 950.320. Such documentation constitutes a presumptive determination of non-responsibility. …

Section 980.110 Purpose The Capital Development Board professional services agreements shall be awarded only to prequalified architects or engineers. An applicant for prequalification must affirmatively demonstrate its responsibility. In the absence of information clearly indicat…

Section 980.120 Definitions 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).…

Section 980.130 Prequalification Required CDB shall prequalify A/Es as required by the Architectural Engineering and Land Surveying Qualifications Based Selection (QBS) Act [30 ILCS 535]. Firms must be prequalified prior to any submittal of qualifications or interest for a specif…

Section 980.140 Special Projects When CDB determines a construction project is so large or unique that a special A/E responsibility determination is warranted, CDB may set appropriate standards of acceptability different from those set out herein. Other provisions of this Part sh…

Section 980.150 Confidentiality Documents relating to responsibility determinations of an A/E 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 t…

Section 980.160 Sources for Determining Responsibility To determine an A/E'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 A/E's most recent projects and p…

Section 980.170 Department of Professional Regulation Action a) Firms prequalified with CDB shall notify CDB in writing within 10 working days when the Department of Professional Regulation initiates proceedings to refuse to renew, suspend or revoke the registration or license of…

Section 980.180 Prequalification of Firms and Office Locations a) Only legal entities permitted by law to practice architecture, engineering, or land surveying shall be prequalified, including any office location at which the firm provides architectural or engineering services. b…

Section 980.190 Trade Codes and Profile Codes a) The A/E shall indicate on the application form specific trade codes and profile codes within the A/E's type of practice(s) in which the A/E has specific areas of knowledge, expertise, or experience. The applicant may indicate only …

Section 980.200 Processing of Architect-Engineer Prequalification Application a) A/Es must complete a prequalification application, including the Financial Interest and Potential Conflicts of Interest forms required under Section 50-35 of the Illinois Procurement Code [30 ILCS 50…

Section 980.210 Ineligibility (Repealed) (Source: Repealed at 24 Ill. Reg. 6663, effective April 17, 2000) SUBPART B: SUSPENSION, DEBARMENT, MODIFICATION OF PREQUALIFICATION, AND CONDITIONAL PREQUALIFICATION

Section 980.300 Actions Affecting Responsibility and Prequalification At any time, CDB may consider whether an action is warranted concerning an A/E's prequalification. Actions that may be taken include one or more of the following: a) Interim or Emergency Suspension or Modificat…

Section 980.310 Causes for Suspension, Debarment, Modification of Prequalification, and Conditional Prequalification CDB may determine an A/E is not responsible and suspend, debar or otherwise modify a prequalification or issue a conditional prequalification based upon one or mor…

Section 980.320 Nullification of Prequalification When CDB determines that an A/E has knowingly made a material misrepresentation in its application for prequalification, the A/E may not reapply to CDB for a period of three years from the date of the determination of material mis…

Section 980.330 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 A/E's failure to satisfactorily perform work on or breach of the terms of CDB co…

Section 980.340 Interim or Emergency Suspension or Modification Pursuant to Section 16 of the Capital Development Board Act a) CDB may suspend or modify an A/E's prequalification without a prior hearing or administrative procedure provided in Subpart D, for one or more of the fol…

Section 980.350 Denial of Prequalification a) This Section is applicable to A/Es who are one of the following: 1) First-time applicants for CDB prequalification. 2) Firms who sent a renewal application that arrived at CDB after the prequalification expiration date or could not re…

Section 980.400 General Suspension, debarment, nullification of prequalification, modification of prequalification, issuance of conditional prequalification, or denial of prequalification by CDB is applicable to an A/E's direct contracts with CDB and any consultant subcontracts o…

Section 980.410 Violation of CDB Order If an A/E is subject to a CDB order suspending or debarring the A/E, or nullifying or modifying prequalification, or making prequalification conditional, or denying prequalification, and the A/E violates the order in any manner, including bu…

Section 980.420 Denial of Award of Contract Notwithstanding any other provisions in this Part, if CDB finds an A/E non-responsible, CDB may deny the A/E the award of a contract.

Section 980.430 Debarment CDB may debar an A/E 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 980.31…

Section 980.440 Reapplication for Prequalification When an A/E 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 A/E mus…

Section 980.450 Extension of CDB Action The effect of an action imposed under this Subpart by CDB will extend to all office locations of the A/E and to any firm in which the A/E or its key persons have a legal or beneficial interest, unless CDB determines otherwise in writing. (S…

Section 980.460 Effect on Current Contracts Current CDB contracts may be terminated when an A/E 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…