Ill. Admin. Code tit. 44, § 8.3130 - Construction Manager Procurement Limitations
a) A CM cannot participate in a selection
process if it or a substantially affiliated vendor is under contract or in the
process of contracting with CDB for other goods or services required for the
project and the CM's duties will involve or relate to those goods or
services.
b) A CM selected to
provide construction management services , or a substantially affiliated vendor ,
may not bid on or otherwise be awarded a construction contract for the
project.
c) Notwithstanding the
provisions of subsections (a) and (b), when it is determined in writing to be
in the State 's best interest, the CM may provide or perform, directly or
through unrelated contractors, basic services for which reimbursement is
provided in the general conditions of the CM contract , or any other goods or
service that does not conflict with or give the appearance of conflicting with
the CM's duties.
d) A vendor is
considered to be "substantially affiliated" for the purpose of this Section if:
1) the affiliated firm shares more than 5%
common ownership with the CM ; or
2)
the individuals with more than 5% ownership interest, any officer or director
of the CM firm, or any individual authorized to sign bids, proposals or
contracts for the CM firm has any of these same relationships with, or owns or
controls more than 5% of, the affiliated firm or is an officer or director of,
or is authorized to sign bids, proposal or contracts for, the affiliated
firm.
Notes
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