Section 650.110  Denial or Revocation of Ratings

a)         Prequalification ratings will be denied, or previously issued ratings will be revoked, in the event the Department finds the applicant or contractor to be nonresponsible.  Reasons or events for a finding of nonresponsibility include but are not limited to the following.  The Department shall be notified by the applicant or prequalified contractor of any information known to them which is relevant to any of the following reasons:

1)         the applicant failed to provide complete information regarding each item and schedule set forth in the application for prequalification or otherwise requested by the Department;

2)         the applicant provided false information regarding the application;

3)         the applicant is suspended pursuant to Sections 20-75 and 50-65 of the Illinois Procurement Code [30 ILCS 500/20-75 and 50-65] by the Department or another State agency;

4)         the applicant is suspended or debarred by the United States through a federal agency;

5)         the applicant is suspended by the Department of Labor pursuant to Section 11a of the Prevailing Wage Act [820 ILCS 130/11a];

6)         the applicant is suspended or debarred because of bid rigging or bid rotating convictions pursuant to the provisions of Article 33E of the Criminal Code of 1961 [720 ILCS 5/Art. 33E];

7)         the applicant is suspended or debarred pursuant to the provisions of the Illinois Procurement Code [30 ILCS 500];

8)         the applicant is suspended or debarred pursuant to the operation of Section 6 of the Drug Free Workplace Act [30 ILCS 580/6];

9)         the applicant is an individual and debarred by operation of the Educational Loan Default Act [5 ILCS 385];

10)         the applicant is suspended or debarred by operation of Section 25 of the Procurement of Domestic Products Act [30 ILCS 517/25];

11)         the applicant is not eligible pursuant to, or has failed to comply with, the requirements of this Part;

12)         the applicant has filed for protection from creditors pursuant to the bankruptcy laws of the United States;

13)         the applicant's performance evaluation is at or below the levels provided in Section 650.240(e) and (f) of this Part;

14)         the applicant has failed to execute a contract after award, has been declared in default or has otherwise substantially breached its obligations on any contract or contracts awarded or approved for award by the Department; or

15)         the applicant has been convicted for the violation of any State or federal law having relevance to the integrity and reliability of the applicant.

b)         If an application is denied or prequalification is revoked by the Department, the applicant shall be sent a notice of denial or revocation in lieu of a Certificate of Eligibility setting forth the reason or reasons for denial or revocation.

c)         A denial or revocation will apply to the applicant or contractor named therein and to any parent, subsidiaries, affiliates or later created, established, formed or reorganized companies, firms or entities having substantially the same ownership, beneficiaries, management or control as the denied or revoked applicant or contractor.  Application of the scope of a denial or revocation will be construed broadly by the Department for the express purpose of preventing the circumvention of the decisions of the Department by the means of creating new applicants for prequalification.

(Source:  Amended at 30 Ill. Reg. 16373, effective October 10, 2006)