Section 4.2046  Responsibility

a)         Application

Before making an award or approving a contract, the SPO must be satisfied the prospective bidder or offeror is responsible. If there is doubt about responsibility, and if a bond or other security would adequately protect the university's interests, then that bidder or offeror may receive an award or contract upon receipt of the bond or other security.

b)         Standards of Responsibility

Factors to be considered in determining whether the standard of responsibility has been met include, but are not limited to, financial responsibility, insurability, effective equal opportunity compliance, payment of prevailing wages, if required by law, compliance with laws including goals and other preferences under the Code and the Business Enterprise for Minorities, Women, and Persons with Disabilities Act, capacity to produce or sources of supply, performance record in the business or industry, ability to provide required maintenance service and other matters relating to the bidder's or offeror's probable ability to deliver in the quality and quantity and within the time and price required under the contract, if it is awarded to the bidder or offeror.  A bidder or offeror must be a legal entity prior to submitting the bid, offer or proposal and authorized to transact business or conduct affairs in Illinois prior to execution of a contract.

c)         Information Pertaining to Responsibility

The university, in consultation with the SPO, may request information or conduct discussions with a bidder or offeror to determine in greater detail the bidder's or offeror's capability to perform and to determine prior compliance on State contracts with the standards of responsibility identified in subsection (b).  This discussion is not for the purpose of determining whether one bidder's or offeror's product or service capability is superior to another.  The prospective vendor shall supply information requested concerning the responsibility of such vendor.  The university may supplement this information from other sources and may require additional documentation at any time in determining whether a vendors is responsible. If the vendor fails to supply the requested information or if in the performance of prior State contracts the vendor breached the standards of responsibility and failed to timely cure the deficiency, the SPO may disqualify the vendor or may base the determination of responsibility upon any available information.

d)         Written Determination of Non-Responsibility Required

If a vendor who otherwise would have been awarded a contract is found non-responsible, a written determination of non-responsibility setting forth the basis of the finding shall be prepared by the university and approved by the SPO.  The final determination shall be made part of the procurement file.

e)         Affiliated Companies

Vendors that are newly formed business concerns having substantially the same owners, officers, directors or beneficiaries as a previously existing vendor that has been determined not responsible or has been suspended or debarred will also be determined to be not responsible.

(Source:  Amended at 43 Ill. Reg. 1781, effective February 15, 2019)