AUTHORITY: Implementing the Capital Development Board Act [20 ILCS 3105] and authorized by Section 16 of that Act, Sections 5-25, 30-20 and 33-5 of the Illinois Procurement Code [30 ILCS 500] and the Design-Build Procurement Act [30 ILCS 537].

SOURCE: Adopted at 31 Ill. Reg. 14402, effective October 9, 2007; recodified Title of the Part at 39 Ill. Reg. 5903.

SUBPART A: RESPONSIBILITY

 

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 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.

 

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.

 

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

 

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

 

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

 

Section 995.500  Review and Hearings

 

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