reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 30 - BUSINESS ENTERPRISE PROGRAM: CONTRACTING WITH BUSINESSES OWNED AND CONTROLLED BY MINORITIES, FEMALES AND PERSONS WITH DISABILITIES › Subpart B - GOAL AND GOAL MEASUREMENT › Section 30.20 - Goal

Current through Register Vol. 48, No. 28, July 12, 2024
The Council shall, by resolution, establish the contracting
				  goal. In accordance with the Act, not less than 20% of the total dollar amount
				  of State contracts, as defined in this Part, shall be the goal for awarding
				  contracts to MBEs, FBEs, and PBEs.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 30 - BUSINESS ENTERPRISE PROGRAM: CONTRACTING WITH BUSINESSES OWNED AND CONTROLLED BY MINORITIES, FEMALES AND PERSONS WITH DISABILITIES › Subpart B - GOAL AND GOAL MEASUREMENT › Section 30.21 - Contracts and Expenditures Subject to the Goal

Current through Register Vol. 48, No. 28, July 12, 2024
All contracts funded in whole or in part with funds
				  appropriated by the General Assembly are subject to the goal unless exempted
				  elsewhere in this Part.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 30 - BUSINESS ENTERPRISE PROGRAM: CONTRACTING WITH BUSINESSES OWNED AND CONTROLLED BY MINORITIES, FEMALES AND PERSONS WITH DISABILITIES › Subpart B - GOAL AND GOAL MEASUREMENT › Section 30.22 - Categories of Contracts and Expenditures Exempt from Goal

Current through Register Vol. 48, No. 28, July 12, 2024
a) Contracts shall be exempt from the goal
				if:
1) the contract is subject to federal
				reimbursement; or
2) receipt of
				funds for a contract would be jeopardized by including them in the
				Program.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 30 - BUSINESS ENTERPRISE PROGRAM: CONTRACTING WITH BUSINESSES OWNED AND CONTROLLED BY MINORITIES, FEMALES AND PERSONS WITH DISABILITIES › Subpart B - GOAL AND GOAL MEASUREMENT › Section 30.23 - Council Review of Agency Requests for Specific Exemptions

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any State agency may request that the
				Council exempt specific contracts or expenditures from the goal. The agency
				must show, based on the best information available, that the particular
				contract does not represent a procurement opportunity for MBEs, FBEs or PBEs,
				or that there are not sufficient MBEs, FBEs or PBEs to ensure competition and
				an expectation of reasonable prices. The agency must provide a copy of any
				Invitation for Bids, Request for Proposals or other solicitation information
				issued, the amount of anticipated expenditures that would be exempt and the
				total agency appropriation. The documentation must show the agency engaged in a
				diligent effort to identify and solicit BEP eligible vendors, and the results
				of that effort.
1) A diligent effort
				requires, at a minimum, solicitation of appropriate vendors from the master
				vendor list maintained by the Council and advertising in appropriate
				media.
2) Whether the price quoted
				is reasonable shall be determined based upon current market prices, historic
				prices, prices received by other agencies for similar supplies or services, and
				the policy of the Business Enterprise Act to promote businesses owned by
				minorities, females and persons with disabilities.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 30 - BUSINESS ENTERPRISE PROGRAM: CONTRACTING WITH BUSINESSES OWNED AND CONTROLLED BY MINORITIES, FEMALES AND PERSONS WITH DISABILITIES › Subpart B - GOAL AND GOAL MEASUREMENT › Section 30.24 - Goal Measurement

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The goal shall be measured on a full fiscal year basis. The goal shall be
				measured against the total dollar amount of expenditures subject to the goal.
				Expenditures not covered are those described in Sections
				10.22
				and
				10.23.
b) Each user agency's expenditures, whether
				against contracts established by the user agency or against contracts
				established on behalf of a user agency by another agency such as the Department
				of Central Management Services, shall be included in the user agency's goal
				attainment statistics.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 30 - BUSINESS ENTERPRISE PROGRAM: CONTRACTING WITH BUSINESSES OWNED AND CONTROLLED BY MINORITIES, FEMALES AND PERSONS WITH DISABILITIES › Subpart B - GOAL AND GOAL MEASUREMENT › Section 30.25 - Subcontracting

Current through Register Vol. 48, No. 28, July 12, 2024
An agency may satisfy its goal, in whole or in part, by
				  counting expenditures made by State vendors to certified BEP vendors as
				  subcontractors.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 30 - BUSINESS ENTERPRISE PROGRAM: CONTRACTING WITH BUSINESSES OWNED AND CONTROLLED BY MINORITIES, FEMALES AND PERSONS WITH DISABILITIES › Subpart C - AGENCY COMPLIANCE AND REPORTING › Section 30.30 - Agency Compliance

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Each agency shall submit a compliance plan annually. The Council shall
				establish the format and timetable for submission of the plan. The Council
				shall approve the plan if it meets the requirements of the Act and this
				Part.
b) The Council, on its own
				motion or upon request of a purchasing agency, shall recommend ways in which
				the purchasing agency may reach its goal. Upon a finding by the Council that a
				purchasing agency's compliance plan is insufficient to reach the agency's goal,
				the Council shall recommend ways in which the agency can reach its goal. Such
				recommendations may include, but shall not be limited to:
1) using stronger and better focused
				solicitation efforts to obtain more BEP eligible businesses as potential
				sources of supply;
2) division of
				job or project requirements, when economically feasible, into smaller, more
				manageable, tasks or quantities;
3)
				elimination of extended experience or capitalization requirements when
				programmatically feasible; and
4)
				identification of specific proposed contracts as particularly attractive or
				appropriate for participation by BEP eligible businesses.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 30 - BUSINESS ENTERPRISE PROGRAM: CONTRACTING WITH BUSINESSES OWNED AND CONTROLLED BY MINORITIES, FEMALES AND PERSONS WITH DISABILITIES › Subpart C - AGENCY COMPLIANCE AND REPORTING › Section 30.35 - Professional and Artistic Contract Reporting

Current through Register Vol. 48, No. 28, July 12, 2024
a) Agencies shall give written notice to the
				Secretary of procurement opportunities for professional and artistic services
				(as defined in Section 1-15.60 of the Illinois Procurement Code and applicable
				Sections of the Chief Procurement Officer for General Services Standard
				Procurement Rules, 44 Ill. Adm. Code 1).
b) The notice shall include the agency name
				and address; contact person; contract reference number; anticipated start date;
				length of the contract; services to be provided; special requirements; and
				dollar value. Notice may be given on the form available from the Secretary.
				Notice may be mailed, hand delivered, sent by fax, or transmitted in electronic
				form.
c) Upon receipt of the
				notice, the Secretary shall have at least 14 days to provide the agency with
				the names of certified vendors who might be interested in the contract. The
				agency shall consider all certified vendors referred by the Secretary within
				that 14 day period.
d) Notice to
				the Secretary is not required if the procurement is advertised in the Illinois
				Procurement Bulletin or if the agency considers all certified vendors that
				provide the needed service. Notation to that effect shall be maintained by the
				agency in its file.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 30 - BUSINESS ENTERPRISE PROGRAM: CONTRACTING WITH BUSINESSES OWNED AND CONTROLLED BY MINORITIES, FEMALES AND PERSONS WITH DISABILITIES › Subpart D - PROGRAM ELIGIBILITY › Section 30.40 - Program Eligibility

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Businesses owned and controlled by individuals in the following eligible groups
				may submit applications for certification:
1)
				African American - a person having origins in any of the black racial groups in
				Africa.
2) Hispanic - a person of
				Spanish or Portuguese culture with origins in Mexico, South or Central American
				or the Caribbean (regardless of race).
3) American Indian or Alaskan Native - a
				person having origins in any of the original people of North America.
4) Asian American - a person having origins
				in any of the original peoples of the Far East, Southeast Asia, the Indian
				Subcontinent or the Pacific Islands.
5) Female - a person who is a citizen or
				lawful, permanent resident of the United States, and who is of the female
				gender.
6) Person with a
				disability.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 30 - BUSINESS ENTERPRISE PROGRAM: CONTRACTING WITH BUSINESSES OWNED AND CONTROLLED BY MINORITIES, FEMALES AND PERSONS WITH DISABILITIES › Subpart E - CERTIFICATION › Section 30.50 - General

Current through Register Vol. 48, No. 28, July 12, 2024
a) The certification
				process verifies that the business is owned and controlled by BEP eligible
				individuals in accordance with requirements of the Act and this Part. The
				Secretary to the Council will oversee the certification process. The
				certification procedure consists of the requirements and procedures outlined in
				this Section.
b) The Secretary will
				certify a business firm that meets the requirements of the Act and this Part.
				All certifications, new and existing, shall be valid for a period of 7 years
				from the effective date of the certification, subject to annual
				confirmation.
c) Only certified
				businesses are eligible for the benefits of the Program. Agencies may count
				only those expenditures with a certified business or certified business
				subcontractor toward meeting the goal.
d) A business owned and controlled by
				minority females shall designate whether the business will be certified as FBE
				or MBE.
e) A business owned and
				controlled at least 51% by any combination of minorities, females and persons
				with disabilities shall be counted as a business owned and controlled by the
				eligible group that has the largest percentage of ownership. When there is a
				tie, the business shall select the eligible group classification.
f) A business owned and controlled by a
				person with a disability, or by an entity that is a not-for-profit agency for
				the disabled, is a PBE certified business regardless of the ethnicity or gender
				of the owner or owners, or of the governing board.
g) These classifications facilitate
				consistent accounting of agency contract awards to businesses covered by the
				Act. These classifications do not preclude such businesses or not-for-profit
				agencies from receiving any contract that may be awarded under the Illinois
				Procurement Code [30 ILCS 500  ] or other applicable law.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 30 - BUSINESS ENTERPRISE PROGRAM: CONTRACTING WITH BUSINESSES OWNED AND CONTROLLED BY MINORITIES, FEMALES AND PERSONS WITH DISABILITIES › Subpart E - CERTIFICATION › Section 30.55 - Program Information

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The Secretary, on behalf of the Council, shall compile a list of businesses
				certified under the Act and may compile and maintain other information
				regarding the program, including general vendor lists.
b) The list will contain the name, address,
				telephone and facsimile numbers, e-mail address, type of certification (MBE,
				FBE or PBE) and business classification (e.g., accounting or furniture sales)
				of certified businesses.
c) The
				list shall be available to the Chief Procurement Officers and State Purchasing
				Officers established under the Illinois Procurement Code, and to other
				interested State agencies for use in procurements under the Illinois
				Procurement Code and other procurement laws.
d) The list of certified businesses shall be
				available to the public. This list and other information shall be provided
				electronically via the Business Enterprise Website. If a hard copy is
				requested, there shall be a fee to cover cost of compilation, maintenance,
				publication and distribution.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 30 - BUSINESS ENTERPRISE PROGRAM: CONTRACTING WITH BUSINESSES OWNED AND CONTROLLED BY MINORITIES, FEMALES AND PERSONS WITH DISABILITIES › Subpart F - CERTIFICATION REQUIREMENTS AND PROCEDURES › Section 30.60 - Application

Current through Register Vol. 48, No. 28, July 12, 2024
The business seeking certification must complete a BEP
				  application package. The Secretary may conduct a personal interview with the
				  applicant that may include a telephone interview and/or an on-site visit.
				  Additional on-site visits may be conducted at any time during the life of a
				  certification to verify continued eligibility for the
				  Program.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 30 - BUSINESS ENTERPRISE PROGRAM: CONTRACTING WITH BUSINESSES OWNED AND CONTROLLED BY MINORITIES, FEMALES AND PERSONS WITH DISABILITIES › Subpart F - CERTIFICATION REQUIREMENTS AND PROCEDURES › Section 30.61 - Applicant Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
The applicant for initial certification, or recertification,
				  must meet all of the requirements set forth in the Act and this Part. Should
				  the applicant fail to meet any of the certification requirements, or refuse to
				  supply information requested by the Secretary, the Secretary will deny
				  certification or recertification.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 30 - BUSINESS ENTERPRISE PROGRAM: CONTRACTING WITH BUSINESSES OWNED AND CONTROLLED BY MINORITIES, FEMALES AND PERSONS WITH DISABILITIES › Subpart F - CERTIFICATION REQUIREMENTS AND PROCEDURES › Section 30.62 - Time to Determine Eligibility

Current through Register Vol. 48, No. 28, July 12, 2024
The Secretary shall contact all applicants seeking
				  certification within 60 days after receipt of the application, and shall grant
				  certification or deny certification. The Secretary shall contact all applicants
				  regarding any requests for additional or clarifying information within 15 days
				  after receipt of the application.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 30 - BUSINESS ENTERPRISE PROGRAM: CONTRACTING WITH BUSINESSES OWNED AND CONTROLLED BY MINORITIES, FEMALES AND PERSONS WITH DISABILITIES › Subpart F - CERTIFICATION REQUIREMENTS AND PROCEDURES › Section 30.63 - Certification by Other Certifying Entities

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Council will accept a certification by
				another entity in Illinois, such as a local government or vendor association.
				The other entity must have certification requirements and procedures equaling
				or exceeding those in the Act and this Part.
b) The Secretary shall investigate
				requirements and procedures of other certifying entities and shall report to
				the Council the names of those certifying entities whose certifications can be
				accepted.
1) The other entities must agree to
				notify the Secretary should their requirements or procedures change in any
				material way. The Secretary shall periodically meet with the other certifying
				entities to help ensure Council requirements and procedures are being
				met.
2) If the other entities'
				requirements or procedures no longer equal or exceed the requirements and
				procedures of the Act or this Part, the Council will no longer accept those
				certifications. However, the Council will continue to honor previously accepted
				certifications until the Secretary reviews each one and, if necessary, revokes
				those that do not meet the requirements of the Act and this Part.
3) The other entities must agree to report
				any denial of certification or recertification to the Council, along with
				detailed reasons for that action.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 30 - BUSINESS ENTERPRISE PROGRAM: CONTRACTING WITH BUSINESSES OWNED AND CONTROLLED BY MINORITIES, FEMALES AND PERSONS WITH DISABILITIES › Subpart F - CERTIFICATION REQUIREMENTS AND PROCEDURES › Section 30.64 - Sales Limitation; Exception

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Annual gross sales must be less than $75 million, the statutory maximum
				established by Section 2(A)(10) of the Business Enterprise for Minorities,
				Females and Persons with Disabilities Act [30
				ILCS 575/2].
1) In
				determining the annual gross sales, sales of any affiliated business shall also
				be counted.
2) An affiliated
				business is one related to the other by virtue of significant commonality of
				management, or commonality of ownership (at least 5% of one company owned by
				owner or management personnel of the other). Other factors that may be
				considered in determining affiliation include, but are not limited to, sharing
				of office space, workers or equipment.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 30 - BUSINESS ENTERPRISE PROGRAM: CONTRACTING WITH BUSINESSES OWNED AND CONTROLLED BY MINORITIES, FEMALES AND PERSONS WITH DISABILITIES › Subpart F - CERTIFICATION REQUIREMENTS AND PROCEDURES › Section 30.65 - Citizenship/Permanent Residency

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The individuals claiming ownership and control of the applicant business must
				be citizens or lawful permanent residents of the United States.
b) Proof of citizenship or permanent
				residency must be confirmed by a birth certificate, naturalization papers,
				permanent resident status documents, passports or other documents.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 30 - BUSINESS ENTERPRISE PROGRAM: CONTRACTING WITH BUSINESSES OWNED AND CONTROLLED BY MINORITIES, FEMALES AND PERSONS WITH DISABILITIES › Subpart F - CERTIFICATION REQUIREMENTS AND PROCEDURES › Section 30.66 - Ownership/Control by Members of Eligible Groups

Current through Register Vol. 48, No. 28, July 12, 2024
a) The individuals claiming ownership and
				control of the applicant business must be members of the eligible groups
				identified in Section
				10.40(a)
				of this Part.
b) The applicant must
				provide proof of eligible group status. Proof must be in the form of official
				documentation such as birth certificates, passports, naturalization papers, or
				Tribal I.D. Card, if available. If an individual does not have official
				documentation, or if it is not sufficient, the Secretary will consider other
				evidence the applicant submits. Other evidence might include whether the
				individual identifies with, holds him or herself out as part of, or others
				recognize him or her as belonging to, an eligible group.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 30 - BUSINESS ENTERPRISE PROGRAM: CONTRACTING WITH BUSINESSES OWNED AND CONTROLLED BY MINORITIES, FEMALES AND PERSONS WITH DISABILITIES › Subpart F - CERTIFICATION REQUIREMENTS AND PROCEDURES › Section 30.67 - Ownership

Current through Register Vol. 48, No. 28, July 12, 2024
a) The individuals
				claiming ownership and control of the applicant business must own at least 51%
				of the business.
b) The ownership
				shall be real, substantial and continuing and not simply a matter of form.
				"Real" is a bona fide investment in the business done at arm's length and in
				good faith. "Substantial" is the level of investment necessary to initiate or
				acquire the particular business in light of its value, the business field, the
				organization of the concern, and the potential sources of outside financing.
				The following factors, among others, are weighed together to help determine
				whether ownership is real, substantial, continuing and not a matter of form.
1) How ownership was obtained, including, but
				not limited to, purchase, gift or inheritance.
2) How substantial was the contribution
				toward ownership in terms of expertise, money, or other such factors? The
				following are some examples of factors that may indicate insufficient
				contribution:
A) minimal cash outlay or
				personal investment;
B) a promise
				or agreement to contribute capital;
C) a note payable to the firm or other owners
				who are not eligible group members;
D) contributions for services rather than
				capital, except where services are unique, specialized or of a value
				commensurate with the ownership value of such services;
E) payment of contribution with funds loaned
				by a non-eligible group, former employer or stockholder;
F) no recourse loans where the borrower
				assumes no liability for repayment upon default; and
G) no recourse stock purchases wherein the
				purchaser assumes no liability upon default of payment other than transaction
				of shares.
3) How the
				applicant holds ownership. In terms of stock holdings, the following are
				factors that may indicate ownership is not as stated:
A) minimal cash outlay or personal
				investment;
B) a promise or
				agreement to buy stock;
C) stock
				issued, but not purchased;
D) stock
				certificates purchased but not in the possession of the applicant; or
E) stock held in trust.
4) The applicant must provide documentary
				proof of ownership, including, but not limited to, the following:
A) canceled checks or bookkeeping
				entries;
B) signed purchase
				agreements;
C) stock certificates,
				transfer ledgers and stockholder agreements;
D) partnership agreements;
E) profit sharing agreements; and
F) buy-out-right agreements.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 30 - BUSINESS ENTERPRISE PROGRAM: CONTRACTING WITH BUSINESSES OWNED AND CONTROLLED BY MINORITIES, FEMALES AND PERSONS WITH DISABILITIES › Subpart F - CERTIFICATION REQUIREMENTS AND PROCEDURES › Section 30.68 - Control

Current through Register Vol. 48, No. 28, July 12, 2024
a) Ownership by
				eligible group members does not equate to control.
b) The individuals claiming ownership and
				control of the applicant business must actually control the applicant business.
				Those individuals must be in direct control of the day to day operations, and
				must have, and exercise, the power to make major decisions on management,
				policy, fiscal and operational matters. At a minimum, the following factors
				will be considered in determining control.
1)
				Do the articles of incorporation show the eligible group owners were involved
				at the time of incorporation and in what way? If the eligible group owners were
				not involved at the time of incorporation, when did they become
				involved?
2) Corporate by-laws will
				be reviewed to determine:
A) the duties of the
				directors and officers who occupy these positions;
B) the voting rights of the shareholders;
				and
C) any restrictive language
				that may affect the eligible group owner's stock voting rights.
3) Are there any stock
				options/shareholders agreements that, if exercised, will dilute or eliminate
				eligible group owner control?
4) Do
				the eligible group owners make decisions independently?
5) Does a review of resumes show the eligible
				group owners have sufficient background, including education and training, to
				run the particular business and for the responsibilities assigned?
6) Do the eligible group owners continue to
				work for a firm not eligible for the BEP, and if so, what is the relationship
				of the firm to the applicant business?
7) Who in the firm negotiates contracts and
				loans, prepares estimates and makes other management and supervisory
				decisions?
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 30 - BUSINESS ENTERPRISE PROGRAM: CONTRACTING WITH BUSINESSES OWNED AND CONTROLLED BY MINORITIES, FEMALES AND PERSONS WITH DISABILITIES › Subpart F - CERTIFICATION REQUIREMENTS AND PROCEDURES › Section 30.69 - Notice of Certification or Denial

Current through Register Vol. 48, No. 28, July 12, 2024
a) Notification of Certification
When the Secretary has determined that the applicant meets
				  the requirements of the Act and this Part, the Secretary will notify the
				  applicant by letter that it has been certified.
b) Notification of Denial of Certification
When the Secretary determines that the applicant does not
				  meet the requirements of the Act and this Part, the Secretary shall send a
				  letter to the applicant setting forth the rationale for the determination and
				  advising the applicant of the review process.
c) Effect of Denial
After all reconsiderations and reviews provided in this Part
				  have been exhausted, if the decision remains to deny certification, the
				  Secretary shall remove the applicant from the list of certified vendors.
d) Reapplication
If a certification application is denied, the business may
				  reapply one year after the date of denial. Applications submitted prior to that
				  date will not be considered.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 30 - BUSINESS ENTERPRISE PROGRAM: CONTRACTING WITH BUSINESSES OWNED AND CONTROLLED BY MINORITIES, FEMALES AND PERSONS WITH DISABILITIES › Subpart G - RECONSIDERATION, DECERTIFICATION AND RECERTIFICATION › Section 30.71 - Decertification Process

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The State, or a third-party, may challenge the certification status of a
				business at any time.
b) Upon
				receipt of information that questions the validity of a certification, the
				Secretary shall conduct an investigation. This may include on-site or telephone
				interviews, review of existing records, or collection and examination of new
				records to supplement, explain or clarify records previously
				submitted.
c) If the investigation
				results in a finding that the firm is no longer eligible for BEP status, the
				Secretary shall notify the firm that it is decertified. The applicant may
				appeal using the review and reconsideration procedure of Subpart G. After
				decertification, the applicant may not reapply for certification until one year
				has passed since the date of decertification. A certification of the applicant
				by another entity shall not be accepted during the one year period following
				decertification.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 30 - BUSINESS ENTERPRISE PROGRAM: CONTRACTING WITH BUSINESSES OWNED AND CONTROLLED BY MINORITIES, FEMALES AND PERSONS WITH DISABILITIES › Subpart G - RECONSIDERATION, DECERTIFICATION AND RECERTIFICATION › Section 30.72 - Annual Confirmation of Eligibility

Current through Register Vol. 48, No. 28, July 12, 2024
a) To maintain its certification, a certified
				business must file with the Secretary on an annual basis an Annual Confirmation
				form confirming there have been no changes in ownership or control from the
				last certification that would affect the validity of the certification and
				shall provide any additional information requested by the Secretary. The Annual
				Confirmation form shall be in the form specified by the Secretary and shall
				include, but not be limited to, owner demographics, annual gross sales, current
				licensing, ownership interest, certification documentation with other entities
				and a signed and notarized affidavit.
b) At least 60 days prior to the anniversary
				of a certification, the Secretary shall send a notice to the certified business
				advising that it must complete and return the Annual Confirmation form,
				postmarked by the date specified in the notice.
c) If the certified business fails to submit
				the Annual Confirmation form, the Secretary shall issue a provisional
				revocation of the certification and so notify the business. If the Annual
				Confirmation form is not received within 30 days after the mailing of the
				provisional revocation to the certified business, the revocation shall become
				final and the business shall be so notified.
d) If the certified business submits an
				Annual Confirmation form that indicates that ownership or control have changed
				such that the certified business is or may be no longer eligible for
				certification, the Secretary may request further information or may issue a
				final revocation.
e) Upon receipt
				of the notice of final revocation, the certified business may submit a new and
				complete application for certification.
f) In addition to the annual confirmation,
				the Secretary may require confirmation of eligibility at any time during the
				term of certification.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 30 - BUSINESS ENTERPRISE PROGRAM: CONTRACTING WITH BUSINESSES OWNED AND CONTROLLED BY MINORITIES, FEMALES AND PERSONS WITH DISABILITIES › Subpart H - SPECIAL ASSISTANCE FOR CERTIFIED BUSINESSES › Section 30.80 - Special Assistance

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Purchasing agencies may waive or reduce bond requirements for certified vendors
				when allowed by law and when the reduced bond amount would adequately protect
				the State's interests.
b)
				Purchasing agencies may enter into contracts with certified vendors that
				contain a provision allowing advance or progress payments or both, except that
				a construction contract may not contain an advance payment provision. The
				advance or progress payment provision may be added to a contract at any time by
				agreement of the parties. Agencies must consider the application of Section
				9.05 of the State Finance Act [30
				ILCS 105/9.05] before including such provisions in
				contracts.
c) With the prior
				general approval of the Council, the Chief Procurement Officer for General
				Services may, by express written authorization, allow purchasing agencies to
				establish set-asides and other such preferences for BEP certified
				vendors.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 30 - BUSINESS ENTERPRISE PROGRAM: CONTRACTING WITH BUSINESSES OWNED AND CONTROLLED BY MINORITIES, FEMALES AND PERSONS WITH DISABILITIES › Subpart I - CONTRACT REQUIREMENTS › Section 30.90 - Change in Eligibility

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Any contract awarded with Section
				10.80
				provisions may not be assigned to another vendor without approval of the
				Secretary.
b) Should a vendor who
				received a contract with Section
				10.80
				provisions cease to qualify as a BEP vendor during contract performance, the
				purchasing agency may cancel the contract immediately without penalty to the
				State.
c) Any change in the
				eligibility status of a vendor awarded a contract with Section
				10.80
				provisions shall be reported to the Council by both the vendor and the
				purchasing agency.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 30 - BUSINESS ENTERPRISE PROGRAM: CONTRACTING WITH BUSINESSES OWNED AND CONTROLLED BY MINORITIES, FEMALES AND PERSONS WITH DISABILITIES › Subpart I - CONTRACT REQUIREMENTS › Section 30.91 - Contract Commitment; Good Faith Effort

Current through Register Vol. 48, No. 28, July 12, 2024
a) A vendor who obtains a contract requiring
				hiring of BEP certified vendors, such as pursuant to Section
				10.64,
				or who makes a voluntary contractual commitment to hire BEP certified vendors,
				and who fails to do so, is subject to having the contract canceled. If the
				agency cancels the contract, the vendor may be liable for any damages the State
				suffers as a result of the cancellation. The State may excuse the vendor's
				failure if the vendor can show a good faith effort to remain in
				compliance.
b) Any vendor claiming
				good faith relief must fully document, in writing, the steps taken to obtain
				BEP certified vendors as subcontractors. The State may require that the vendor
				provide additional information on request. A good faith effort shall, at a
				minimum, consist of the following:
1)
				contacting the Business Enterprise Bureau at least 15 days prior to need and
				requesting referrals from the certified vendor list and from any other list
				maintained by the Bureau;
2)
				advertising in the Official State Newspaper or a local newspaper as time
				permits; and
3) contacting
				appropriate organizations such as unions, contractor associations, and MBE,
				FBE, or PBE oriented organizations.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 30 - BUSINESS ENTERPRISE PROGRAM: CONTRACTING WITH BUSINESSES OWNED AND CONTROLLED BY MINORITIES, FEMALES AND PERSONS WITH DISABILITIES › Subpart J - VIOLATIONS BY VENDOR › Section 30.100 - Violations by Vendor

Current through Register Vol. 48, No. 28, July 12, 2024
Should a vendor violate the Act, this Part, or the terms of
				  contracts let pursuant to this Program, the State may pursue any or all of the
				  following actions.
a) A certified
				vendor may be decertified and an applicant for certification may be denied
				certification for reasons including, but not limited to:
1) refusal to supply information sufficient
				for the Secretary or the Council to make a determination for eligibility or
				continued eligibility;
2) refusal
				to supply additional proof of eligibility for the Program, particularly after
				receiving a contract with Section
				10.80 (Special
				Assistance) provisions;
3)
				accepting a contract with Section
				10.80 (Special
				Assistance) provisions when the vendor does not qualify for the Program;
				or
4) any other violation of the
				Act or this Part.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 30 - BUSINESS ENTERPRISE PROGRAM: CONTRACTING WITH BUSINESSES OWNED AND CONTROLLED BY MINORITIES, FEMALES AND PERSONS WITH DISABILITIES › Subpart K - SHELTERED MARKETS › Section 30.200 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
This Subpart is intended:
a) to set forth the practice and procedures
				to be followed for the establishment and continuation of narrowly tailored
				sheltered markets under Section 8b of the Act;
b) to provide opportunity for the public to
				understand and comment on evidence regarding past or present racial, gender or
				disability-based discrimination present in procurements by interested State
				agencies;
c) to establish
				procedures by which the Council consults interested or affected segments of the
				public;
d) to enable the Department
				to fully consider and respond to evidence regarding past or present racial,
				gender or disability-based discrimination present presented to the
				Council;
e) to establish
				cooperation between the Department and other governmental bodies, including the
				Council, the Offices of the Chief Procurement Officers, and interested State
				agencies and public institutions of higher education;
f) to foster openness among the Department,
				other governmental bodies, and the public; and
g) to comply with State and federal
				requirements.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 30 - BUSINESS ENTERPRISE PROGRAM: CONTRACTING WITH BUSINESSES OWNED AND CONTROLLED BY MINORITIES, FEMALES AND PERSONS WITH DISABILITIES › Subpart K - SHELTERED MARKETS › Section 30.201 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
This Subpart sets forth the procedures to be followed by the
				  Department, State agencies, public institutions of higher education and the
				  Council in collecting evidence of past or present racial, gender, or
				  disability-based discrimination present in the award of State contracts, and
				  applying, if appropriate, procedures to establish and continue narrowly
				  tailored sheltered markets to address this discrimination. This Subpart shall
				  apply to procurements of State agencies and public institutions of higher
				  education as defined in Section
				  10.10.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 30 - BUSINESS ENTERPRISE PROGRAM: CONTRACTING WITH BUSINESSES OWNED AND CONTROLLED BY MINORITIES, FEMALES AND PERSONS WITH DISABILITIES › Subpart K - SHELTERED MARKETS › Section 30.202 - Evidence of Discrimination

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The Council shall receive, review and discuss any evidence regarding past or
				present racial, gender or disability-based discrimination that directly impacts
				State contracting at every regular meeting. Evidence may include, but is not
				limited to, written documentation or oral testimony regarding specific
				instances of such discrimination against MBEs, FBEs and PBEs.
b) The Department may commission disparity
				and utilization studies that may indicate, among other things, any quantitative
				effects of discrimination in specific industries and geographic locations. The
				Department shall forward a copy of its findings and recommendations to the
				Council.
c) The Secretary shall
				investigate and make recommendations to the Council concerning the use of the
				sheltered market process.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 30 - BUSINESS ENTERPRISE PROGRAM: CONTRACTING WITH BUSINESSES OWNED AND CONTROLLED BY MINORITIES, FEMALES AND PERSONS WITH DISABILITIES › Subpart K - SHELTERED MARKETS › Section 30.203 - Establishment and Adjustment of Sheltered Markets

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Council shall vote to decide whether
				to establish a sheltered market or to adjust an existing sheltered market when
				the Council finds a pattern of racial, gender or disability-based
				discrimination in a particular industry.
1)
				The Council must vote to establish or adjust an existing sheltered market by a
				majority vote.
2) The Council shall
				only vote to establish sheltered markets when other feasible remedial measures
				are insufficient to address the discrimination; provided, however, that there
				shall be no requirement to exhaust all potential remedial measures before
				establishing sheltered markets.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 30 - BUSINESS ENTERPRISE PROGRAM: CONTRACTING WITH BUSINESSES OWNED AND CONTROLLED BY MINORITIES, FEMALES AND PERSONS WITH DISABILITIES › Subpart K - SHELTERED MARKETS › Section 30.204 - Sheltered Market Procurements

Current through Register Vol. 48, No. 28, July 12, 2024
Solicitations selected by the procuring State agency or
				  public institution of higher education to implement sheltered markets through
				  specific procurements shall be a narrowly tailored remedy to address identified
				  discrimination.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 30 - BUSINESS ENTERPRISE PROGRAM: CONTRACTING WITH BUSINESSES OWNED AND CONTROLLED BY MINORITIES, FEMALES AND PERSONS WITH DISABILITIES › Subpart K - SHELTERED MARKETS › Section 30.205 - Participation Eligibility

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Participation in any sheltered market solicitation shall be limited to BEP
				certified vendors.
b) The Council
				may choose which subgroups within the BEP certified vendor pool can participate
				in any sheltered market, on a case-by-case basis, based on evidence of racial,
				gender or disability-based discrimination.
c) Participating businesses shall make all
				books and records related to the performance of any sheltered market contract
				available for audit pursuant to Section 20-65 of the Illinois Procurement
				Code.
d) Any subcontractors
				utilized on a sheltered market procurement shall be BEP certified
				vendors.
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 40.10 - Introduction

Current through Register Vol. 48, No. 28, July 12, 2024
It is the goal of the State to promote and encourage the
				  continued economic development of small businesses owned and controlled by
				  qualified veterans and that qualified service-disabled veteran-owned small
				  businesses and veteran-owned small businesses participate in the State's
				  procurement process as both prime contractors and
				  subcontractors.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 40 - SERVICE-DISABLED AND VETERAN-OWNED SMALL BUSINESSES › Subpart B - GOAL AND GOAL MEASUREMENT › Section 40.100 - Goal

Current through Register Vol. 48, No. 28, July 12, 2024
In accordance with Section 45-57(a) of the Code, not less
				  than 3% of the total dollar amount of State contracts, as defined by the
				  Director of CMS, shall be the goal for awarding contracts to SDVOSBs and VOSBs.
				  For contracts other than for construction and construction-related services
				  entered into by a construction agency, CMS will determine goals for individual
				  contracts unless that authority is delegated to the procuring State agency. For
				  contracts for construction and construction-related services entered into by a
				  construction agency, CMS delegates to the construction agency the authority to
				  determine the goal for the individual contract.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 40 - SERVICE-DISABLED AND VETERAN-OWNED SMALL BUSINESSES › Subpart B - GOAL AND GOAL MEASUREMENT › Section 40.110 - Contracts and Expenditures Subject to the Goal

Current through Register Vol. 48, No. 28, July 12, 2024
All contracts funded in whole or in part with funds
				  appropriated by the General Assembly are subject to the goal unless exempted
				  elsewhere in this Part.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 40 - SERVICE-DISABLED AND VETERAN-OWNED SMALL BUSINESSES › Subpart B - GOAL AND GOAL MEASUREMENT › Section 40.120 - Categories of Contracts and Expenditures Exempt from the Goal

Current through Register Vol. 48, No. 28, July 12, 2024
a) Contracts shall be exempt from
				the goal if:
1) The contract is subject to
				federal reimbursement; or
2)
				Receipt of funds for a contract would be jeopardized by including them in the
				Program.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 40 - SERVICE-DISABLED AND VETERAN-OWNED SMALL BUSINESSES › Subpart B - GOAL AND GOAL MEASUREMENT › Section 40.130 - Review of Agency Requests for Specific Exemptions

Current through Register Vol. 48, No. 28, July 12, 2024
a) A contract may be exempted from the goal
				prior to the solicitation being posted if it is determined that the specific
				contract does not represent a procurement opportunity for SDVOSBs and VOSBs as
				defined in Section 20.120, or that there are not sufficient SDVOSBs and VOSBs
				to ensure competition and an expectation of reasonable prices.
b) The exemption request must be documented
				in a written memorandum of decision. The memorandum must indicate, based on the
				best information available, that the particular contract does not represent a
				procurement opportunity for SDVOSBs and VOSBs, or that there are not sufficient
				SDVOSBs and VOSBs to ensure competition and an expectation of reasonable
				prices. The memorandum must be approved in writing by the agency
				Director.
c) CMS or the procuring
				State agency, as delegated by CMS, shall exempt specific contracts from the
				goal if it determines that the agency did provide reasonable proof that
				certified SDVOSBs and VOSBs are not available to meet the contracting
				need.
d) A construction agency may
				exempt specific contracts from the goal if it documents reasonable proof that
				certified SDVOSBs and VOSBs are not available to meet the contracting
				need.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 40 - SERVICE-DISABLED AND VETERAN-OWNED SMALL BUSINESSES › Subpart B - GOAL AND GOAL MEASUREMENT › Section 40.140 - Goal Measurement

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				goal shall be measured on a full fiscal year basis and shall be measured
				against the total dollar amount of expenditures subject to the goal.
				Expenditures not subject to the goal are those described in Sections 20.110 and
				20.120.
b) Contract expenditures
				established by an agency shall be included in the agency's goal attainment
				statistics. Orders by a user agency against contracts established on behalf of
				one or more user agencies shall be counted toward goal attainment statistics of
				the user agency.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 40 - SERVICE-DISABLED AND VETERAN-OWNED SMALL BUSINESSES › Subpart B - GOAL AND GOAL MEASUREMENT › Section 40.150 - Subcontracting

Current through Register Vol. 48, No. 28, July 12, 2024
An agency may satisfy its goal, in whole or in part, by
				  counting expenditures made by State vendors to certified SDVOSBs and VOSBs as
				  subcontractors.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 40 - SERVICE-DISABLED AND VETERAN-OWNED SMALL BUSINESSES › Subpart C - AGENCY COMPLIANCE AND REPORTING › Section 40.200 - Agency Compliance and Reporting

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				All State agencies, including the construction agencies, shall report to the
				Committee and CMS each quarter all of the following:
1) The aggregate amount of dollars spent on
				State contracts with SDVOSBs and VOSBs;
2) The number of approved memorandums
				exempting specific contracts from the goal and the reason for the exemption;
				and
3) The number of good faith
				effort waivers granted.