Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 40 - SERVICE-DISABLED AND VETERAN-OWNED SMALL BUSINESSES › Subpart I - SOLICITATION/CONTRACT REQUIREMENTS › Section 40.810 - Good Faith Efforts and Waiver Request Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
a) Vendors must make a good faith effort to
				meet the stated goal. A vendor that fails to meet the goal may still be awarded
				a contract if it can establish that it made a good faith effort to do so. CMS
				will determine whether a vendor has made a good faith effort to meet the goal
				unless that authority is delegated to the procuring agency. For contracts for
				construction and construction-related services entered into by a construction
				agency, the construction agency, if delegated that authority by CMS, will
				determine whether a vendor has made a good faith effort to meet the
				goal.
b) Vendors must submit a
				utilization plan with each bid or offer that demonstrates the vendor has either
				met or exceeded the goal or made good faith efforts toward meeting the goal.
				Any vendor claiming good faith relief must fully document in the utilization
				plan the steps taken to obtain SDVOSBs or VOSBs as subcontractors. CMS or the
				construction agency will consider the quality, quantity and intensity of the
				vendor's efforts.
c) The following
				is a list of types of actions that CMS or the construction agency may consider
				as evidence of the vendor's good faith efforts to meet the goal. Other factors
				or efforts brought to the attention of CMS may be relevant in appropriate
				cases.
1) Utilize the Sell2Illinois website
				(
www.Sell2.illinois.gov
) to
				identify certified SDVOSBs or VOSBs.
2) Soliciting through all reasonable and
				available means (e.g., attendance at a vendor conference, advertising and/or
				written notices) the interest of certified SDVOSBs or VOSBs that have the
				capability to perform the work of the contract. The Vendor must solicit this
				interest within sufficient time to allow certified SDVOSBs or VOSBs to respond
				to the solicitation. The vendor must determine with certainty if the certified
				SDVOSBs or VOSBs are interested by taking appropriate steps to follow up
				initial solicitations and encourage them to submit a bid or proposal. The
				vendor must provide interested certified SDVOSBs or VOSBs with adequate
				information about the plans, specifications and requirements of the contract in
				a timely manner to assist them in responding promptly to the
				solicitation.
3) Selecting portions
				of the work to be performed by certified SDVOSBs or VOSBs in order to increase
				the likelihood that the goal will be achieved. This includes, when appropriate,
				breaking out contract work items into economically feasible units to facilitate
				certified SDVOSBs or VOSBs participation, even when the vendor might otherwise
				prefer to perform these work items with its own forces.
4) Making a portion of the work available to
				certified SDVOSBs or VOSBs and selecting those portions of the work or material
				needs consistent with their availability, so as to facilitate certified SDVOSBs
				or VOSBs participation. Availability may include considerations of how the
				location of the SDVOSBs or VOSBs would affect the performance or cost of the
				contract.
5) Negotiating in good
				faith with interested certified SDVOSBs or VOSBs. Evidence of such negotiation
				must include the names, addresses and telephone numbers of certified SDVOSBs or
				VOSBs that were considered; a description of the information provided regarding
				the plans and specifications for the work selected for subcontracting, and
				evidence as to why additional agreements could not be reached for certified
				SDVOSBs or VOSBs to perform the work. A vendor using good business judgment may
				consider a number of factors in negotiating with certified SDVOSBs or VOSBs and
				may take a firm's price and capabilities into consideration. The fact that
				there may be some additional costs involved in finding and using certified
				SDVOSBs or VOSBs may not be in itself sufficient reason for a vendor's failure
				to meet the goal, as long as such costs are reasonable. Vendors are not
				required to accept higher quotes from certified SDVOSBs or VOSBs if the price
				difference is excessive or unreasonable.
6) Thoroughly investigating the capabilities
				of certified SDVOSBs or VOSBs and not rejecting them as unqualified without
				documented reasons.
7) Making
				efforts to assist interested certified SDVOSBs or VOSBs in obtaining lines of
				credit or insurance as required by the State.
8) Making efforts to assist interested
				certified SDVOSBs or VOSBs in obtaining necessary equipment, supplies,
				materials, or related assistance or services.