Ill. Admin. Code tit. 44 § 8.8055

Current through Register Vol. 48, No. 49, December 6, 2024

Section 8.8055 - Causes for Suspension, Debarment, Modification of Ability to Bid or Offer, or Conditional Prequalification

The CPO may determine a vendor is not responsible and suspend, debar or otherwise modify or issue a conditional prequalification based upon one or more of the following:

a) Failure to satisfactorily perform work on CDB contracts, private contracts, or other governmental contracts.

b) Breach of the terms of a CDB contracts, private contract, or other governmental contract.

c) Making false or misleading statements, or failing to disclose or update significant information in connection with CDB procedures or documents, including but not limited to the prequalification application.

d) Violation of civil or criminal federal or State statutes or administrative rules and regulations. In the case of criminal violations, indictment or filing of formal charges by information (complaint) shall constitute adequate evidence for a determination of non-responsibility.

e) Financial instability, which may be evidenced by bankruptcy, failure to timely pay subcontractors, difficulty in obtaining acceptable bonding, attempts to assign contract proceeds, or other indications of serious business management deficiencies.

f) Failure to understand, accept or utilize CDB procedures and standards, or abuse of CDB procedures and standards.

g) Commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, receiving stolen property, or conduct indicating a lack of business integrity or business honesty that seriously and directly affects the present responsibility of a vendor, construction manager or design-build entity.

h) Suspension, debarment, or limits on bidding or offering on contracts by any other CPO or other governmental body.

i) Failure to be properly licensed or registered with the Department of Financial and Professional Regulation (DFPR) or any other State licensing, certification or registration entity, being the subject of disciplinary sanctions by such an entity, or the subject of initiation of proceedings by such an entity in order to refuse to renew, suspend or revoke the registration or license, or to impose any other disciplinary sanction.

j) Excessive requests for bid withdrawals on CDB projects.

k) Any other cause of so serious or compelling a nature that it affects the responsibility of a contractor.

l) For Design-Build Entities

Any action the CPO or CDB takes with regard to suspension, debarment, modification of prequalification, or conditional prequalification of a vendor in regard to its actions as a design-build entity or as a design consultant or subcontractor to a design-build entity may also apply to its prequalification to do other (non-design-build) work with CDB, unless CDB specifically restricts its action to apply to the entity's prequalification to participate in design-build projects, in accordance with Section 8.8070.

Ill. Admin. Code tit. 44, § 8.8055

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