Illinois Administrative Code
Title 35 - ENVIRONMENTAL PROTECTION
Part 885 - MUNICIPAL BROWNFIELDS REDEVELOPMENT GRANT PROGRAM
Subpart B - MUNICIPAL BROWNFIELDS REDEVELOPMENT GRANTS
Section 885.255 - Requirements Applicable to Contracting and Subcontracting
Universal Citation: 35 IL Admin Code ยง 885.255
Current through Register Vol. 48, No. 38, September 20, 2024
a) The following conditions and limitations shall apply to all contracts and subcontracts entered into by the grantee:
1) The grantee must use a freely and openly
competitive bidding process in contracting and must require the same of any
contractor in subcontracting;
2)
Only fair and reasonable profits may be earned by contractors and
subcontractors in contracts and subcontracts under Agency grants. Factors to be
considered in determining a fair and reasonable profit shall include
project-related: material acquisition costs; labor costs; management costs;
contract risks; capital investments; degree of independent development; and
cost control and record keeping efforts. The determination of a fair and
reasonable profit shall not be based upon the application of a predetermined
percentage factor;
3) The grantee,
rather than the Agency, is responsible for the administration and successful
accomplishment of the project for which the Agency grant is awarded. The
grantee, rather than the Agency, is responsible for the settlement and
satisfaction of all contractual and administrative issues arising out of
contracts and subcontracts entered into under the grant. This responsibility
includes, but is not limited to, issuance of invitations for bids or requests
for proposals, selection of contractors, award of contracts, protest of award,
claims, disputes and other procurement matters;
4) Any contract or subcontract must include a
provision allowing project-related access, in accordance with Section
885.400 of this
Part;
5) Any contract or
subcontract must provide that the Agency or any authorized representative shall
have access to any books, documents, papers, and records, including
computer-generated documents, of the contractor or subcontractor that are
pertinent to the project, for the purpose of making an audit, examination,
excerpts, and transcriptions thereof; and
6) Neither the Agency nor the State shall be
a party to any contract or subcontract, solicitation, or request for
proposals.
b) No contract or subcontract shall be awarded to any person or organization that does not:
1) Have adequate financial
resources, experience, organization, technical qualification, and facilities
for performance of the subagreement, or a firm commitment or arrangement to
obtain such;
2) Have staffing
sufficient to comply with the completion schedule for the project;
3) Have a demonstrated record of integrity,
good judgment, and performance, including any prior performance under grants or
contracts with the federal or any state government;
4) Have an established financial management
system and audit procedure;
5)
Maintain a property management system that provides procedures for the
acquisition, maintenance, safeguarding and disposition of all project-related
property;
6) Conform to the civil
rights law, equal employment opportunity law, and labor law requirements, as
well as all other statutes of the State; and
7) Use good faith efforts to recruit, develop
and extend employment and contracting opportunities to women, minorities and
persons with disabilities for activities performed pursuant to the
grant.
c) Nothing in this Part shall be deemed to modify or negate any requirement of the Business Enterprise for Minorities, Females and Persons with Disabilities Act.
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