Section 610.120  Prequalification of Bidders

a)         The Department shall maintain a list of prequalified bidders for Standard Emergency and Salvage Plugging contracts.  A vendor on the bid list shall be presumed to be a responsible bidder.

b)         Any vendor not on the bid list may be determined to be a responsible bidder for a particular project if at the time of contract award the vendor meets the criteria for prequalification set out under this Section, including having submitted a complete request for placement on the bid list as provided herein.

c)         Any vendor may request at any time to be prequalified and placed on the bid list by completing a request on a form prescribed by the Department and signing the written request.  If the vendor is a business entity, such as a corporation, the request must be signed by a person authorized to enter into contracts on behalf of that entity.

d)         The request shall contain the following information:

1)         A summary of the vendor's plugging and restoration experience, including a description of the five most recent plugging and restoration projects the vendor has performed and the names and addresses of the persons or entities for whom the vendor performed such work.  If the vendor has not performed five such projects, then the vendor shall so state.

2)         All plugging and restoration equipment the vendor owns.  If the vendor does not own all the equipment that may be generally needed on a plugging and restoration project the vendor must state from whom and under what arrangement, e.g. by lease, the vendor shall obtain the necessary equipment.

3)         The location of the vendor's home office, from which all applicable mileage is to be calculated.

4)         Certifications as required by Illinois law for any contract with the State of Illinois.

5)         If a business entity, the vendor shall also identify the principal owners and officers of the vendor and the nature of the vendor's organization, for instance whether it is incorporated.  If the vendor is a corporation the vendor must identify the state in which it is incorporated, if incorporated in Illinois  whether it is presently in good standing with the Secretary of State's office, and if incorporated in another state whether it is currently authorized to do business in Illinois.

6)         The vendor's Federal Taxpayer Identification Number.

7)         Whether there is currently a Director's Decision of the Department outstanding against the vendor, under which the vendor is currently in violation of any law or regulation administered by the Department, and if so what violations and the date on which the violations shall be abated.

e)         Upon receipt of a request for inclusion on the Department's bid list the Department shall review the request to determine whether the vendor is responsible.  The Department may require the vendor submit additional information the Department may need to knowledgeably make the determination of responsibility under subsection (f) of this Section.

f)         The Department shall determine that a vendor is responsible if the vendor has submitted a complete request in compliance with this Subpart and based on the information contained in the request, any additional information supplied by the vendor, and the records of the Department, the Department finds that the vendor:

1)         Has adequate experience to properly perform plugging and restoration work. A vendor shall be presumed adequately experienced if it has successfully performed plugging and restoration projects on at least five wells.

2)         Has adequate equipment available to perform plugging and restoration work. The vendor must own at a minimum a rig sufficient to set cement as required by the Department to properly plug wells, set bridge plugs, and shoot and pull casing.  The Department may inspect the equipment of the vendor to determine the adequacy of the equipment.

3)         Has access to, either through lease or ownership, adequate equipment, in addition to a rig, to perform plugging and restoration work.

4)         Does not have outstanding against it a Director's Decision, under which the vendor is currently in violation of any law or regulation administered by the Department, or is owned or operated by individuals who are so in violation, such that the vendor would be prohibited from receiving a permit from the Department.

5)         If an Illinois corporation, is currently in good standing with the Secretary of State's office, and if a foreign corporation is currently authorized to do business in the State of Illinois.

6)         Certifies it can, and will, comply with all applicable State laws and regulations.

g)         If any information supplied by the vendor on its request form materially changes such that the information is no longer true, the vendor shall immediately report such change to the Department.

h)         A vendor may be removed from the bid list if:

1)         The vendor fails to adequately perform the work required under any PRF Project.  The Department shall make its determination under this subsection on the basis of the quality and timeliness of the work, and the compliance with the directives from the Department's site manager in performing any PRF project.

2)         The vendor no longer meets the requirements for being placed on the bid list.

3)         The vendor fails to inform the Department of a material change in the information supplied in the request.

4)         Any statement of the vendor on the request is discovered to be false.

(Source:  Amended at 23 Ill. Reg. 3421, effective March 8, 1999)