Ill. Admin. Code tit. 44 § 8.8025

Current through Register Vol. 48, No. 45, November 8, 2024

Section 8.8025 - Sources for Determining Responsibility

As part of the prequalification process, CDB will make a responsibility determination in accordance with the standards of responsibility specified in Section 8.2046. CDB may utilize information obtained from one or more of the sources listed in this Section. In evaluating the information, greater consideration shall be given to the most recent projects and projects with CDB.

a) Prequalification and Renewal Application Forms

1) New applications shall, at a minimum, require:

A) Completed application form.

B) The name of each key person and that person's respective ownership.

D) Relevant work experience.

E) Evidence of any required bonding capacity meeting CDB criteria.

F) Adherence to all appropriate statutory and regulatory requirements, including, but not limited to, those of DFPR, SOS and DHR.

G) Satisfactory work history and references. References obtained may be verified and documented by the following methods:

i) Telephone reference checks.

ii) Reference questionnaire.

H) The applicant's e-mail address and phone and fax numbers.

2) Renewal applications shall, at a minimum, require:

A) The information set out in subsection (a)(1).

B) Adherence to all applicable rules and resolutions.

C) Satisfactory CDB work and performance history, which may be documented through evaluations prepared on both current and past CDB projects by the following:

i) CDB staff.

ii) Architects/engineers and consultants.

iii) Using agencies.

iv) Other contractors, subcontractors and suppliers.

3) Application Updates

Vendors shall have an affirmative duty to update significant changes to information within 10 days after occurrence. Failure to disclose as required may lead to action on prequalification. (See Section 8.8055(c).) Significant changes include, but are not limited to:

A) Changes in federal employee identification number, busines ownership, or corporate structure, such as sole owners and partnerships;

B) Change of name;

C) Change of address;

D) Change or loss of approved project personnel;

E) Change or initiation of hearing in licensure or registration status with the Department of Financial and Professional Regulation;

F) Change in minority/female owned vendor status;

G) Loss of SOS "goodstanding" status;

H) Suspension or debarment by another governmental agency;

I) Decrease by more than 25% in bonding capacity or filing of bankruptcy;

J) Filing of formal criminal charges against a vendor or its officers, owners or employees;

K) Contract terminations.

b) Other Government Entities

CDB may conduct history reference checks by contacting federal, State or local governmental entities.

c) Other Sources

CDB may conduct reference checks or gather relevant information from any other source in order to determine responsibility. Acceptable sources may include, but are not limited to:

1) Surety/bonding companies;

2) Financial institutions;

3) Periodicals;

4) Newspapers;

5) Court records;

6) Dun and Bradstreet reports;

7) Audited financial statements;

8) Any type of public record.

d) Previous Employment History

For any newly organized vendor or a vendor with a limited work history, CDB may conduct individual performance reference checks on any or all personnel.

e) Satisfactory CDB Performance History

1) CDB may review documentation of current and past work and performance history, including adherence to CDB's rules, resolutions and procedures. This documentation includes, but is not limited to, performance evaluations prepared by CDB, user agencies or contractors.

2) CDB shall evaluate the performance of each vendor and design-build entity upon completion of a contract. Evaluations shall be made available to the vendor and the vendor 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 vendor and is exempt from disclosure under the Freedom of Information Act. The evaluation shall be based on the terms identified in the construction manager's contract.

f) Additional Information

CDB may request additional information at any time.

Ill. Admin. Code tit. 44, § 8.8025

Adopted at 38 Ill. Reg. 10903, effective 5/7/2014.