Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 40 - SERVICE-DISABLED AND VETERAN-OWNED SMALL BUSINESSES › Subpart A - GENERAL › Section 40.20 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Armed Forces of the United States" means
the United
				  States Army, Navy, Air Force, Marine Corps, Coast Guard, or service in active
				  duty as defined under  38 USC 101. Service in the Merchant Marine that
				  constitutes active duty under   section 401  of PL 95-202  shall also be considered
				  service in the armed forces for purposes of this Section.
[30 ILCS
				  500/45-57(e)  ]
"Certification" means
a determination made by the
				  Illinois Department of Veterans' Affairs and the Department of Central
				  Management Services that a business entity is a qualified service-disabled
				  veteran-owned small business or a qualified veteran-owned small business for
				  whatever purpose. A SDVOSB or VOSB owned and controlled by females, minorities,
				  or persons with disabilities, as those terms are defined in Section 2 of the
				  Business Enterprise for Minorities, Females, and Persons with Disabilities Act,
				  may also select and designate whether that business is to be certified as a
				  "female-owned business", "minority-owned business" or "business owned by a
				  person with a disability", as defined in Section 2 of the Business Enterprise
				  for Minorities, Females, and Persons with Disabilities Act.
[30 ILCS
				  500/45-57(e)   ]
"CMS" refers to the Department of Central Management
				  Services.
"Committee" means a group made up of 5 individuals appointed
				  by the Director of CMS and the Director of the Department of Veterans' Affairs
				  (DVA) for the purpose of overseeing the certification process for qualified
				  service-disabled veteran-owned small businesses and qualified veteran-owned
				  small businesses. The Director of CMS will appoint 2 persons and the Director
				  of DVA will appoint 3 persons. The appointees will serve for 2 years. The
				  committee shall select a chair person who shall serve until his or her term
				  expires.
"Control" means
the exclusive, ultimate, majority, or
				  sole control of the business, including but not limited to capital investment
				  and all other financial matters, property, acquisitions, contract negotiations,
				  legal matters, officer-director-employee selection and comprehensive hiring,
				  operation responsibilities, cost-control matters, income and dividend matters,
				  financial transactions, and rights of other shareholders or joint partners.
				  Control shall be real, substantial, and continuing, not pro forma. Control
				  shall include the power to direct or cause the direction of the management and
				  policies of the business and to make the day-to-day as well as major decisions
				  in matters of policy, management, and operations. Control shall be exemplified
				  by possessing the requisite knowledge and expertise to run the particular
				  business, and control shall not include simple majority or absentee
				  ownership.
[30 ILCS 500/45-57(e)  ]
"Construction" means building, altering, repairing,
				  improving, or demolishing any public structure or building, or making
				  improvements of any kind to public real property. Construction does not include
				  the routine operation, routine repair, or routine maintenance of existing
				  structures, buildings, or real property.
"Construction-related Services" means those services
				  including construction design, layout, inspection, support, feasibility or
				  location study, research, development, planning or other investigative study
				  undertaken by a construction agency concerning construction or potential
				  construction.
"Construction Agency" means the Capital Development Board for
				  construction or construction-related services of State-owned facilities; the
				  Illinois Department of Transportation for construction or maintenance of roads,
				  highways, bridges, and airports; and the Illinois State Toll Highway Authority
				  for construction or maintenance of toll highways.
"Eligible Group Member" means a person who meets the
				  eligibility requirements set forth in Section 20.300.
"General Discharge (Under Honorable Conditions)" means a
				  confirmation of an administrative separation of a service member from military
				  service whose service has been honest and faithful and appropriate to
				  characterize that service under honorable conditions. A general discharge
				  (under honorable conditions) meets the qualification standard under the SDVOSB
				  and VOSB Program. (See DoD Dir. 1332.14.E3.A2.1.3.2 and E4.3.b(2)(b).)
"Illinois Procurement Code" or "Code" means  30 ILCS
				  500.
"Qualified Service-Disabled Veteran" means
a veteran
				  who has been found to have 10% or more service-connected disability by the
				  United States Department of Veterans Affairs or the United States Department of
				  Defense
[30 ILCS 500/45-57(e)  ].
"Qualified Service-Disabled Veteran-Owned Small Business" or
				  "SDVOSB" means
a small business that is at least 51% owned by one or
				  more qualified service-disabled veterans living in Illinois or, in the case of
				  a corporation, at least 51% of the stock of which is owned by one or more
				  qualified service-disabled veterans living in Illinois; that has its home
				  office in Illinois; and for which these ownership requirements are factually
				  verified annually by CMS.
[30 ILCS 500/45-57(e)  ]
"Qualified Veteran-Owned Small Business" or "VOSB" means
a small business that is at least 51% owned by one or more qualified
				  veterans living in Illinois or, in the case of a corporation, at least 51% of
				  the stock of which is owned by one or more qualified veterans living in
				  Illinois; that has its home office in Illinois; and for which these ownership
				  requirements are factually verified annually by CMS.
[30 ILCS
				  500/45-57(e)  ]
"Service-Connected Disability" means
a disability
				  incurred in the line of duty in the active military, naval, or air service as
				  described in  38 USC 101(16).
[30 ILCS 500/45-57(e)  ]
"Small Business" means
a business that has annual
				  gross sales of less than $75,000,000 as evidenced by the federal income tax
				  return of the business. A firm with gross sales in excess of this cap may apply
				  to CMS for certification for a particular contract if the firm can demonstrate
				  that the contract would have significant impact on the SDVOSB or VOSB as
				  suppliers or subcontractors or in employment of veterans or service-disabled
				  veterans.
[30 ILCS 500   /45-57(e)]
"State Agency" means
all departments, officers,
				  boards, commissions, institutions and bodies politic and corporate of the
				  State, but does not include the Board of Trustees of the University of
				  Illinois, the Board of Trustees of Southern Illinois University, the Board of
				  Trustees of Chicago State University, the Board of Trustees of Eastern Illinois
				  University, the Board of Trustees of Governors State University, the Board of
				  Trustees of Illinois State University, the Board of Trustees of Northeastern
				  Illinois University, the Board of Trustees of Northern Illinois University, the
				  Board of Trustees of Western Illinois University, municipalities or other local
				  governmental units, or other State constitutional officers.
[30 ILCS
				  575/2(6)  ]
"Time of Hostilities with a Foreign Country" means
any period of time in the past, present, or future during which a
				  declaration of war by the United States Congress has been or is in effect or
				  during which an emergency condition has been or is in effect that is recognized
				  by the issuance of a Presidential proclamation or a Presidential executive
				  order and in which the armed forces expeditionary medal or other campaign
				  service medals are awarded according to Presidential executive order.
[30 ILCS 500/45-57(e)  ]
"Utilization Plan" means a plan that describes how the
				  bidder/offeror intends to utilize SDVOSBs or VOSBs to meet the State goal in a
				  solicitation.
"Veteran" means
a person who has been a member of the
				  armed forces of the United States or, while a citizen of the United States, was
				  a member of the armed forces of allies of the United States in time of
				  hostilities with a foreign country and has served under one or more of the
				  following conditions:
the veteran served a total of at least 6
				  months;
the veteran served for the duration of hostilities
				  regardless of the length of the engagement;
the veteran was discharged on the basis of hardship;
				  or
the veteran was released from active duty because of
				  a service connected disability and was discharged under honorable
				  conditions.
[30 ILCS 500/45-57(e)  ]
"Veterans Small Business Program" or "Program" means the
				  State's program that:
fosters economic opportunities for Illinois' military
				  veterans by encouraging the establishment of SDVOSBs and VOSBs; and
establishes an annual, ongoing, percentage goal for all State
				  agencies' award of supplies and services contracts and construction-related
				  State spending that shall be set aside for competitive bidding by Illinois
				  SDVOSBs and VOSBs.