Ill. Admin. Code tit. 44, § 6.690
Determination
Effective Sep 30, 201135 Ill. Reg. 16518AUTHORITY: Authorized and implementing the Illinois Procurement Code [30 ILCS 500], Governmental Joint Purchasing Act [30 ILCS 525], Public-Private Partnerships for Transportation Act [630 ILCS 5], Innovation for Transportation Infrastructure Act [630 ILCS 10], Section 2705-600 of the Department of Transportation Law [20 ILCS 2705], and the Public Private Agreements for the Illiana Expressway Act [605 ILCS 130] and authorized by Section 5-25 of the Illinois Procurement Code [30 ILCS 500], Section 2 of the Governmental Joint Purchasing Act [30 ILCS 525], Section 2705-600(7) of the Department of Transportation Law [20 ILCS 2705], Section 25-101 of the Electronic Commerce Security Act [5 ILCS 175], Section 15(a) of the Public Private Agreements for the Illiana Expressway Act [605 ILCS 130], and Section 75(b) of the Innovation for Transportation Infrastructure Act [630 ILCS 10].CHIEF PROCUREMENT OFFICER FOR THE DEPARTMENT OF TRANSPORTATION
- a) Based on the record as a whole and an adequate evidence standard of proof, the CPO will determine the suspension action to be taken.
- b) In assessing adequate evidence, consideration will be given to how much credible information is available, its reasonableness in view of surrounding circumstances, corroboration or lack thereof as to important allegations, and inferences that may be drawn from the existence or absence of affirmative facts. This assessment will include an examination of basic documents such as contracts, inspection reports, and correspondence.
- c) Upon reaching a final decision, the CPO will notify the contractor or subcontractor of the determination and will set forth the period of time during which the contractor or subcontractor shall be suspended from bidding on Department contracts or contracts requiring Department approval or concurrence. Affected local government agencies will be notified of the final decision. Any interim suspension shall be deducted from the period of final suspension.
- d) Parties will be served with a copy of the final decision by mail, postage prepaid, certified or registered, addressed to the last known address of the person, partnership, association, or company involved. A copy of the final decision will be mailed to each party and to all attorneys of record.
(Source: Amended at 35 Ill. Reg. 16518, effective September 30, 2011)