Illinois Administrative Code

Section 8.8080 Denial of Award of Contract Notwithstanding any other provisions of this Part, if the CPO finds a vendor non-responsible due to one or more causes set out in Section 8.8055, the CPO may deny the vendor the award of a contract.

Section 8.8082 Debarment The CPO may debar a vendor to exclude it from bidding on CDB projects as provided in this Part or provided by statute. The CPO will consider debarment in cases so serious and egregious in nature that a loss in excess of 5 years up to a permanent loss of b…

Section 8.8085 Reapplication for Prequalification When a vendor submits a prequalification application to CDB following a denial, or during or following a period of debarment, suspension, nullification, modification of ability to bid, or conditional prequalification, the vendor m…

Section 8.8090 Extension of CPO Action The effect of action imposed by the CPO will extend to all affiliates, branches, subsidiaries, divisions or parent vendors of the vendor, and to any vendor in which the contractor or its key persons have a legal or beneficial interest, unles…

Section 8.8092 Effect on Current Contracts Current CDB contracts may be terminated when a contractor is determined to be non-responsible and it is in the public interest to do so, whether or not the non-responsibility has a direct connection with the current contract. Contracts m…

Section 8.8095 Basis of Decisions The CPO shall make determinations, as appropriate, concerning the substance of a vendor's business as opposed to its form, and base its decisions on the substance. When a vendor attempts to evade the effects of a possible or actual finding of non…

Section 8.8098 Settlement Notwithstanding any provision of this Part, the parties to any contested matter concerning contractor prequalification may, at any time, enter into an agreement to resolve prequalification issues by settlement.

Section 30.10 Definitions "Act" means the Business Enterprise for Minorities, Females, and Persons with Disabilities Act [30 ILCS 575]. "Department" means the Illinois Department of Central Management Services. "BEP" or "Business Enterprise Program" means the activities conducted…

Section 30.100 Violations by Vendor 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 den…

Section 30.20 Goal 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. (Recodified…

Section 30.200 Purpose 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 commen…

Section 30.201 Applicability 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 th…

Section 30.202 Evidence of Discrimination 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 l…

Section 30.203 Establishment and Adjustment of Sheltered Markets 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 partic…

Section 30.204 Sheltered Market Procurements 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. (Reco…

Section 30.205 Participation Eligibility 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 basi…

Section 30.21 Contracts and Expenditures Subject to the Goal 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. (Recodified from Section 10.21 of 44 Ill. Adm. Code 10 (Central Ma…

Section 30.22 Categories of Contracts and Expenditures Exempt from Goal 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. b) The Council …

Section 30.23 Council Review of Agency Requests for Specific Exemptions 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 r…

Section 30.24 Goal Measurement 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 30.22 and 30.23. b) Each user agency'…

Section 30.25 Subcontracting An agency may satisfy its goal, in whole or in part, by counting expenditures made by State vendors to certified BEP vendors as subcontractors. (Recodified from Section 10.25 of 44 Ill. Adm. Code 10 (Central Management Services) pursuant to P.A. 101-6…

Section 30.30 Agency Compliance 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 it…

Section 30.35 Professional and Artistic Contract Reporting 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 Chi…

Section 30.40 Program Eligibility 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 Spa…

Section 30.5 Introduction The Business Enterprise for Minorities, Females, and Persons with Disabilities Act [30 ILCS 575] (Act) establishes a goal that at least 20% of contracts awarded by State agencies subject to the Act be awarded to businesses owned and controlled by minorit…

Section 30.50 General 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 proce…

Section 30.55 Program Information 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, addres…

Section 30.60 Application 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 an…

Section 30.61 Applicant Requirements 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 request…

Section 30.62 Time to Determine Eligibility 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…

Section 30.63 Certification by Other Certifying Entities 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…

Section 30.64 Sales Limitation; Exception 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 …

Section 30.65 Citizenship/Permanent Residency 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, …

Section 30.66 Ownership/Control by Members of Eligible Groups a) The individuals claiming ownership and control of the applicant business must be members of the eligible groups identified in Section 30.40(a) of this Part. b) The applicant must provide proof of eligible group stat…

Section 30.67 Ownership 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 …

Section 30.68 Control 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 operati…

Section 30.69 Notice of Certification or Denial 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 …

Section 30.70 Review and Reconsideration a) The applicant may request a review of a certification denial by submitting this request in writing to the Secretary postmarked no later than 30 days after the applicant received the certification denial letter. The request must state wh…

Section 30.71 Decertification Process 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…

Section 30.72 Annual Confirmation of Eligibility 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…

Section 30.80 Special Assistance 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 …

Section 30.90 Change in Eligibility 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 30.80 provisions cease to qualify as a BEP vendor during cont…

Section 30.91 Contract Commitment; Good Faith Effort a) A vendor who obtains a contract requiring hiring of BEP certified vendors, such as pursuant to Section 30.64, or who makes a voluntary contractual commitment to hire BEP certified vendors, and who fails to do so, is subject …

Section 40.10 Introduction 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 …

Section 40.100 Goal 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 con…

Section 40.110 Contracts and Expenditures Subject to the Goal 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. (Recodified from Section 20.110 of 44 Ill. Adm. Code 20 (Central …

Section 40.120 Categories of Contracts and Expenditures Exempt from the Goal 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. b) CMS has…