Section 650.310  Affidavit of Availability

a)         An Affidavit of Availability (Form BC-57) is attached to the Transportation Bulletin and must be submitted with a request for Authorizations to Bid.  It is a sworn statement concerning the contractor's present and pending contract commitments.  The contractor shall not omit or misrepresent its work outstanding.  When the contractor has uncompleted or pending work as a party of a joint venture, the contractor's responsible portion of the work shall be shown.  The affidavit shall be signed by an officer or director of a corporate contractor, and otherwise, an owner shall sign.  The affidavit is not required when Authorization to Bid is not being requested. The affidavit shall include:

1)         The amount of all uncompleted work, by type, either as a principal or subcontractor together with the name of the agency under whose jurisdiction the work is being performed.  All uncompleted work shall be based upon the engineer's or owner's most recent estimate.

2)         The commitment of equipment and personnel on a payroll or rental basis even though no formal contract exists.

3)         All work on which the contractor is the low bidder and which has not yet been awarded.

4)         A listing of all subcontractors and the value of work sublet.

b)         Prospective bidders shall notify the Department within two working days of any low bids pending award or contracts awarded after submission of the affidavit.

c)         Facsimiles of the affidavit will be accepted for analysis purposes. Authorization to Bid will not be issued without a correct, signed and notarized original affidavit in the Department's Central Bureau of Construction's possession by the cut-off date specified in the Transportation Bulletin.

d)         A contractor may request to forego filing an affidavit if it has a financial rating at either of the following levels.  The Prequalification Section will grant such a request provided the contractor's existing contracts with the Department are not behind approved contract progress schedules and provided the most recent performance evaluation rating is not less than 6.0 in the performance factor calculation.  (See Section 650.240 of this Part.)

1)         A financial rating of $300 million.

2)         A financial rating of at least $150 million or a Department calculated net worth of at least $40 million, either in conjunction with two or more work ratings calculated to equal or exceed $50 million each.

(Source:  Amended at 24 Ill. Reg. 18775, effective December 7, 2000)