# 35 Ill. Adm. Code 662.640: Section 662.640 Compliance with Procurement Requirements for Construction Contracts > Illinois · Regulations · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T35_P662_S662_640 ## Section - **Citation:** 35 Ill. Adm. Code 662.640 - **Heading:** Section 662.640 Compliance with Procurement Requirements for Construction Contracts - **Jurisdiction:** Illinois - **Kind:** Regulations - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Illinois Administrative Code / Title 35 ENVIRONMENTAL PROTECTION SUBTITLE F: PUBLIC WATER SUPPLIES / CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY / Part 662 PROCEDURES FOR ISSUING LOANS FROM THE PUBLIC WATER SUPPLY LOAN PROGRAM / Section 662.640 Compliance with Procurement Requirements for Construction Contracts ## Text Section 662.640  Compliance with Procurement Requirements for Construction Contracts a)         Loan Applicant Responsibility The loan applicant shall be responsible for selecting the low, responsive, and responsible bidder or other contractor in accordance with applicable requirements of State, federal, and local laws and ordinances, as well as for the specific requirements of the loan agreement directly affecting procurement. The loan applicant shall also be responsible for the initial resolution of complaints based upon alleged violations. Any complaints made to the Agency concerning any alleged violation of law in the procurement of construction services or materials for a project involving construction work will be referred to the loan applicant for resolution. The loan applicant shall promptly determine each complaint on its merits and shall allow the complainant and any other party who may be adversely affected to state in writing or at a conference the basis for their views concerning the proposed procurement. The loan applicant shall promptly furnish to the complainant and to other affected parties, by certified mail, a written summary of its determination, substantiated by an engineering or legal opinion providing a justification for its determination. b)         Time Limitations Complaints should be made as early as possible during the procurement process, preferably prior to the bid opening, to avoid disruption of the procurement process.  The complaint shall be mailed (certified mail, return receipt requested), or otherwise delivered, no later than 5 working days after the complainant becomes aware of an alleged violation.  If there is no agreement between the parties within 7 days following the loan applicant's response, unless all bids are rejected, the matter shall be resolved in accordance with subsection (c) ent process.  The complaint shall be mailed (certified mail, return receipt requested), or otherwise delivered, no later than 5 working days after the complainant becomes aware of an alleged violation.  If there is no agreement between the parties within 7 days following the loan applicant's response, unless all bids are rejected, the matter shall be resolved in accordance with subsection (c). c)         Remedies All claims, counter-claims, disputes, and other matters in question between the recipient and the contractor arising out of, or relating to, a subagreement or its breach shall be decided by arbitration if the parties agree, or in a court of competent jurisdiction within the State. d)         Deferral of Procurement Action If the determination of a complaint by the loan applicant is adverse to the complainant, the loan applicant shall defer issuance of its solicitation or award or notice to proceed under the contract (as appropriate) for 7 days after mailing or delivery of the determination.  If the determination (whether made by the loan applicant, the arbitrator or the court) is favorable to the complainant, the terms of the solicitation shall be revised or the contract shall be awarded, as appropriate, in accordance with the determination. ## Nearby sections - [35 Ill. Adm. Code 662.610 Section 662.610 Requirements for Subagreements](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T35_P662_S662_610.md) - [35 Ill. Adm. Code 662.620 Section 662.620 Construction Contracts](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T35_P662_S662_620.md) - [35 Ill. Adm. Code 662.640 Section 662.640 Compliance with Procurement Requirements for Construction Contracts](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T35_P662_S662_640.md) - [35 Ill. Adm. Code 662.650 Section 662.650 Disputes](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T35_P662_S662_650.md) - [35 Ill. Adm. Code 662.660 Section 662.660 Indemnity](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T35_P662_S662_660.md) - [35 Ill. Adm. Code 662.670 Section 662.670 Covenant Against Contingent Fees](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T35_P662_S662_670.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T35_P662_S662_640. Check the current official text before relying on it. Not legal advice.