TITLE 44: GOVERNMENT CONTRACTS, GRANTMAKING,
PROCUREMENT AND PROPERTY MANAGEMENT
SUBTITLE B: SUPPLEMENTAL PROCUREMENT
CHAPTER XII: CAPITAL DEVELOPMENT BOARD
PART 995
PREQUALIFICATION OF DESIGN-BUILD ENTITIES
SECTION 995.110 PURPOSE
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.
 | TITLE 44: GOVERNMENT CONTRACTS, GRANTMAKING,
PROCUREMENT AND PROPERTY MANAGEMENT
SUBTITLE B: SUPPLEMENTAL PROCUREMENT
CHAPTER XII: CAPITAL DEVELOPMENT BOARD
PART 995
PREQUALIFICATION OF DESIGN-BUILD ENTITIES
SECTION 995.120 DEFINITIONS
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 Requirements" consist of any and all provisions of the
CDB Design-Build Contract.
"Contractor
Prequalification Rules" means 44 Ill. Adm. Code 950, the rules by which
CDB prequalifies firms as bidders on CDB construction projects.
"Design-Build"
means a construction project delivery system that provides responsibility
within a single contract for the furnishing of architecture, engineering, land
surveying and related services as required, and the labor, materials, equipment
and other construction services for the project.
"Design-Build
Entity" or "DB" means any individual, sole proprietorship, firm,
partnership, corporation, joint venture, or other legal entity that proposes to
design and construct any public project under the Design-Build Procurement Act.
"Design
Professional" means any individual, sole proprietorship, firm,
partnership, corporation, or other legal entity that offers services under the
Illinois Architecture Practice Act of 1989 [225 ILCS 305], the Professional Engineering
Practice Act of 1989 [225 ILCS 325], the Structural Engineering
Licensing Act of 1989 [225 ILCS 340], or the Illinois Professional Land
Surveyor Act of 1989 [225 ILCS 330]. [30 ILCS 537/10]
"Prequalification"
is the status granted by CDB to responsible A/E or contracting firms that
permits them to make submittals on CDB projects or be awarded a CDB contract.
| TITLE 44: GOVERNMENT CONTRACTS, GRANTMAKING,
PROCUREMENT AND PROPERTY MANAGEMENT
SUBTITLE B: SUPPLEMENTAL PROCUREMENT
CHAPTER XII: CAPITAL DEVELOPMENT BOARD
PART 995
PREQUALIFICATION OF DESIGN-BUILD ENTITIES
SECTION 995.130 PREQUALIFICATION REQUIRED
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 project and prior to entering a contractual relationship with CDB.
For DB entities consisting of more than one independent firm (e.g., joint
ventures or partnerships), each firm must be prequalified with CDB under the
appropriate rule.
| TITLE 44: GOVERNMENT CONTRACTS, GRANTMAKING,
PROCUREMENT AND PROPERTY MANAGEMENT
SUBTITLE B: SUPPLEMENTAL PROCUREMENT
CHAPTER XII: CAPITAL DEVELOPMENT BOARD
PART 995
PREQUALIFICATION OF DESIGN-BUILD ENTITIES
SECTION 995.150 CONFIDENTIALITY
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 firm, except as authorized by the Freedom of Information Act [5 ILCS
140/7(1)(b)(iii)].
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 995
PREQUALIFICATION OF DESIGN-BUILD ENTITIES
SECTION 995.300 RESPONSIBILITY AND PREQUALIFICATION
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 those listed in
the respective A/E and Contractor Prequalification Rules.
a) Any action regarding
suspension, debarment, modification of prequalification, or conditional
prequalification of the DB entity or its design consultants or prequalified
subcontractors will follow the rules under which that firm was prequalified
with CDB.
b) Any actions CDB takes
with regard to suspension, debarment, modification of prequalification, or
conditional prequalification of a firm in regard to its actions as a DB entity
or as a design consultant or subcontractor to a DB entity may also apply to its
prequalification to do other (non-DB) work with CDB, unless CDB specifically
restricts its action to apply to the entity's prequalification to participate
in DB projects, in accordance with Section 995.400.
c) CDB may consider that
action regarding suspension, debarment, modification of prequalification, or
conditional prequalification is warranted against any one or more than one or
all of the firms in a DB entity, including design consultants or CDB
prequalified subcontractors. Such action may be warranted when the DB entity
prepares a specification or drawing containing an error or omission, or commits
a breach of contract so that it causes the project to be completed
significantly late or at a higher cost.
d) Reasons for CDB to
consider suspension, debarment, modification of prequalification, or
conditional prequalification, in addition to those reasons set out in the
respective A/E or Contractor Prequalification Rules, include a violation of the
Illinois Procurement Code or failure to conform to the requirements of a
design-build agreement, in accord with Section 50-65 of the Procurement Code.
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 995
PREQUALIFICATION OF DESIGN-BUILD ENTITIES
SECTION 995.400 GENERAL
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 CDB, unless the circumstances are directly related to the design-build
process and not to the type of performance provided as an A/E or contractor.
In such instances, CDB will issue a written determination supporting its
action.
SUBPART D: PROCEDURES
| TITLE 44: GOVERNMENT CONTRACTS, GRANTMAKING,
PROCUREMENT AND PROPERTY MANAGEMENT
SUBTITLE B: SUPPLEMENTAL PROCUREMENT
CHAPTER XII: CAPITAL DEVELOPMENT BOARD
PART 995
PREQUALIFICATION OF DESIGN-BUILD ENTITIES
SECTION 995.500 REVIEW AND HEARINGS
Section
995.500 Review and Hearings
CDB will
follow those procedures established in the rules under which the firm was
prequalified (71 IAC 100).
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