Ill. Admin. Code tit. 44 § 990.160

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

Section 990.160 - Sources for Determining Responsibility

To determine a CM's responsibility, CDB may utilize information obtained from one or more of the following sources. In evaluating the information, greater consideration shall be given to the CM's most recent projects and projects with CDB.

a) CM Prequalification Application Form

1) CM applications shall require, at a minimum:

A) Completed application form;

B) The name of each key person associated with the firm, and that person's respective percentage of ownership;

C) Relevant work experience;

D) Certification of compliance with statutory requirements;

E) Work history reference checks. References obtained may be verified and documented by the following methods:

i) Telephone reference checks; or

ii) Reference questionnaire;

F) CDB work history, if CDB projects have been awarded; and

G) The applicant's phone and fax numbers and the firm's e-mail address.

2) Application Updates

The CM shall have an affirmative duty to update significant information within 10 days after occurrence. Failure to disclose as required may lead to action on prequalification. (See Section 990.310(c).) Significant changes of which CDB shall be notified include, but are not limited to:

A) Change of entity corporate structure, including sole owners, partnerships, and federal employee identification number;

B) Change of name;

C) Change of address;

D) Change or loss of key personnel;

E) Minority/Female owned firm status;

F) Loss of Secretary of State "good standing" status;

G) Filing of bankruptcy;

H) Filing of formal criminal charges against the firm or its officers, owners or employees;

I) Suspension or debarment by another governmental agency; and

J) Contract terminations.

b) Satisfactory CDB Work History

CDB may review documentation of the CM's current and past work and performance history, including adherence to CDB's rules, resolutions, and procedures. The documentation includes, but is not limited to, performance evaluations prepared by CDB, user agencies, or contractors.

1) CDB shall evaluate the performance of each firm upon completion of a contract. Evaluations shall be made available to the firm and the firm may submit a written response, with the evaluation and response retained solely by CDB. The evaluation and response shall not be made available to any other person or firm and is exempt from disclosure under the Freedom of Information Act [5 ILCS 140 ]. The evaluation shall be based on the terms identified in the construction manager's contract. [30 ILCS 500/33-45 ]

2) In addition to subsection (b)(1), CDB reserves the right to evaluate a firm during a project when performance issues warrant that action.

c) Other Governmental Entities

CDB may conduct history reference checks by contacting federal, state or local governmental entities.

d) Other Sources

In order to determine responsibility, CDB may conduct reference checks or gather relevant information from any other source, which may include, but is not limited to:

1) Financial institutions;

2) Periodicals;

3) Newspapers;

4) Court records;

5) Dun and Bradstreet reports;

6) Audited financial statements;

7) Any type of public record.

e) Previous Employment History

For any newly organized firm or a firm with a limited work history, CDB may conduct individual performance reference checks on any or all personnel.

f) Additional Information

CDB may request additional information from the CM at any time.

Ill. Admin. Code tit. 44, § 990.160