Illinois Administrative Code

Section 980.510 Notice of CDB Action Unless proceedings under Section 16 of the CDB Act [20 ILCS 3105/16] are justified, prior to suspending, conditioning, modifying or nullifying an A/E's prequalification or debarring an A/E, CDB will notify the A/E in writing of its intention t…

Section 980.520 Executive Director Decision and Request for Reconsideration Following CDB's conference with the A/E, the conference committee shall forward a recommendation to the Executive Director. The A/E will be notified in writing of the Executive Director's decision. Within…

Section 980.530 Hearings Within 30 days after the A/E's receipt of the Executive Director's decision on reconsideration, the A/E 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.…

Section 980.540 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 980.310, 980.320, or 980.410. b) Such documentation constitutes a presumptive determination of non-responsibi…

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 indicat…

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.…

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 cont…

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 prequalifi…

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 …

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 proj…

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 construct…

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 …

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 Modificatio…

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 …

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 misrep…

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 con…

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 f…

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 n…

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…

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 lim…

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.

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,…

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 a…

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, un…

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 t…

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-responsibi…

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

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 C…

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 o…

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. With…

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. H…

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-respon…

Section 995.110 Purpose The Capital Development Board design-build agreements shall be awarded only to design-build entities containing one or more firms prequalified with CDB under the A/E and/or contractor prequalification rules.

Section 995.120 Definitions The following definitions shall apply to this Part: "A/E Prequalification Rules" means 44 Ill. Adm. Code 980, the rules by which CDB prequalifies design professionals. "CDB" means the Capital Development Board, the agency. "Contract" or "Contract Requi…

Section 995.130 Prequalification Required DB entities desiring to enter into a DB contract with CDB must be prequalified with CDB under the A/E prequalification rules and/or the contractor prequalification rules prior to any submittal of qualifications or interest for a specific …

Section 995.150 Confidentiality CDB may release to anyone the firm's prequalification status with CDB. However, neither the Performance Evaluations of the firm on a design-build project (DB PE) nor the DB's written responses to them shall be made available to any other person or …

Section 995.300 Responsibility and Prequalification At any time, CDB may consider whether an action is warranted concerning a firm's prequalification based on the rules under which that firm was prequalified with CDB (44 IAC 950 and 44 IAC 980). Actions that may be taken are thos…

Section 995.400 General Suspension, debarment, nullification of prequalification, modification of prequalification, issuance of conditional prequalification, or denial of prequalification by CDB is also applicable to a DB's separate prequalification as an A/E or contractor with C…

Section 995.500 Review and Hearings CDB will follow those procedures established in the rules under which the firm was prequalified (71 IAC 100).

Section 1000.100 Definitions "Act" means the Architectural, Engineering, and Land Surveying Qualifications Based Selection Act [30 ILCS 535]. "A/E" means an individual or firm in the business of providing architectural, engineering or land surveying services as authorized by the …

Section 1000.110 Purpose CDB shall procure architectural, engineering, and land surveying services in compliance with the Architectural, Engineering, and Land Surveying Qualification Based Selection Act [30 ILCS 535].

Section 1000.120 Selection Procedures a) CDB shall select three A/Es qualified to provide the professional services for a specific project, unless fewer than three qualified firms submit a statement of qualifications. These A/Es shall be ranked in order of qualifications. CDB's r…

Section 1000.130 Selection Committee The Chairperson shall appoint a committee to recommend to the Executive Director and the Board a list of A/Es qualified to perform the required services. This committee may be established for each selection or may be established for a series o…

Section 1000.140 Evaluation Procedures a) In making its recommendations, the selection committee will consider, among others: 1) The A/E's qualifications. 2) The ability of professional personnel submitted by the A/E. 3) The A/E's past record and experience. 4) The prior performa…

Section 1000.150 Preliminary Evaluations CDB may make appointments for the performance of a preliminary evaluation (prescreening). The prescreening provides a preliminary ranking of the A/Es for the committee's consideration. This prescreening shall consider, among others, the re…

Section 1000.160 Interviews CDB requires the selection committee to conduct interviews when the estimated value of the basic services fee exceeds $500,000. The Chairperson, with approval of the Executive Director may choose to conduct interviews for smaller projects under special…

Section 1000.170 Delegation of Evaluations CDB may delegate the evaluation of prospective A/Es to a user agency, including, but not limited to, a university, college, or community college. CDB or the user agency may request that a member of CDB's staff be a voting or nonvoting me…