Statutes, codes, and regulations
Illinois Administrative Code
Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENTPart 8 - CHIEF PROCUREMENT OFFICER FOR THE CAPITAL DEVELOPMENT BOARD
Subpart W - SUSPENSION, DEBARMENT, MODIFICATION OF ABILITY TO BID, AND CONDITIONAL PREQUALIFICATION
Section 8.8057 - Failure to Satisfactorily Perform Work on, or Breach of the Terms of, CDB Contracts, Private Contracts or Other Governmental Contracts

Ill. Admin. Code tit. 44 § 8.8057

Download
PDF
Current through Register Vol. 48, No. 49, December 6, 2024
Section 8.8057 - Failure to Satisfactorily Perform Work on, or Breach of the Terms of, CDB Contracts, Private Contracts or Other Governmental Contracts

CDB may request the CPO take action upon prequalification for the vendor's failure to satisfactorily perform work on, or breach of the terms of, CDB contracts, private contracts or other governmental contracts, such as, but not limited to, one or more of the following:

a) For Contractors:
1) Failure to timely submit proper post-award documents, such as, but not limited to, bonds, certificates of insurance and MBE/FBE subcontractor/supplier certifications.
2) Failure to attend or to be properly prepared for pre-construction meetings, pay/progress meetings, or other required meetings set by the project A/E, CDB or the coordinating contractor.
3) Failure to timely provide schedule submittals or shop drawings.
4) Failure to meet the project schedule for any reason reasonably within the control of the contractor.
5) Failure to provide an acceptable quality of supervision.
6) Failure to provide a supervisor authorized to make timely field decisions on behalf of the vendor.
7) Failure to provide sufficient manpower.
8) Failure to timely provide acceptable quality equipment, labor, materials, installation, subcontractors or suppliers, including the failure to provide licensed personnel when necessary.
9) Failure to keep updated as-builts in the field.
10) Failure to follow directives provided by the project A/E or CDB within the scope of the contract documents.
11) Failure to cooperate with other parties to the project to timely resolve project problems that arise.
12) Failure to understand, accept or utilize CDB procedures and standards, or abuse of CDB procedures and standards.
13) Failure to provide timely and appropriate pay request documents, including, but not limited to, the Contractor's Schedule of Values form (Development), Contractor's Affidavit and Sworn Statement form (CASS), and lien waivers.
14) Failure to timely submit Requests for Proposals and Change Order documents (RFP/CO), including, but not limited to, adequate documentation of actual direct costs and pricing within conventional industry parameters for public contracts.
15) Failure to timely complete punch list items or contract close-out documents.
16) Failure to demonstrate good faith efforts to meet Fair Employment Practices (FEP) requirements and MBE/FBE goals.
b) For A/Es, Construction Management Companies and Design-Build Entities:
1) Failure to timely submit post-award documents, such as, but not limited to, bonds, certificates of insurance and MBE/FBE certifications.
2) Failure to timely submit required documents and drawings, including record drawings, according to the project schedule, causing a delay in the commencement, completion or close out of a project.
3) Failure to adequately or timely respond to technical review comments and directions.
4) Failure to adhere to contractual document requirements.
5) Failure to adequately or timely notify CDB of project problems or failure to cooperate with other parties to the project to timely resolve problems.
6) Failure to timely or adequately resolve design issues.
7) Failure to timely or adequately submit budget and estimating documents.
8) Failure to meet quality standards of the applicable profession or required codes and standards for a particular type of construction.
9) Failure to provide proper field administration and observer services.
10) Failure to provide proper personnel or proper and timely responses to requests for information in the field.
11) Failure to provide timely and adequate record drawings.
12) Failure to meet contractual design schedule dates.
13) Failure to timely process change orders and contractor pay requests.
14) Failure to follow directives from CDB within the scope of the contract documents.
15) Failure to cooperate with other parties to the project to timely resolve project problems.
16) Failure to meet the project schedule for any reason reasonably within its control.
17) Failure to attend or to be properly prepared for project meetings.
18) Failure to understand, accept or utilize CDB procedures and standards, or abuse of CDB procedures and standards that results in paper delays, project delays, or the extraordinary expenditure of CDB resources.
19) Failure to submit proper pay or modification requests, in accordance with the contractual provisions, with adequate documentation of costs and pricing within conventional industry parameters for public contracts.
20) Violation of the Illinois Procurement Code.
21) Failure to conform with the requirements of a design-build agreement.
22) Any other cause of so serious or compelling a nature that it affects the vendor's responsibility.

Ill. Admin. Code tit. 44, § 8.8057

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