Illinois Administrative Code
Title 35 - ENVIRONMENTAL PROTECTION
Part 886 - BROWNFIELDS REDEVELOPMENT LOAN PROGRAM
Subpart B - BROWNFIELDS REDEVELOPMENT LOANS
Section 886.255 - Requirements Applicable to Contracting and Subcontracting
Universal Citation: 35 IL Admin Code ยง 886.255
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 loan recipient:
1) The loan recipient 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 loans. 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 loan recipient, rather than the Agency, is responsible for the
administration and successful accomplishment of the project for which the
Agency loan is awarded. The loan recipient, 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 loan. 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 awards, claims, disputes and other procurement
matters;
4) Any contract or
subcontract must include a provision allowing project-related access, in
accordance with Section
886.400(Access)
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;
6) Neither the Agency nor
the State shall be a party to any contract or subcontract, solicitation, or
request for proposals;
7) Any
contract or subcontract shall be in compliance with all local, State and
federal law.
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 written 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, loans or contracts with the federal or any state
government;
4) Have an established
financial management system and audit procedure;
5) Maintain a written property management
system that provides procedures for the acquisition, maintenance, safeguarding
and disposition of all project-related property; and
6) Conform to the civil rights law, equal
employment opportunity law, and labor law requirements, as well as all other
statutes of the State.
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