BEP Utilization Plan v.26.1~9.pdf

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.\Assets\cover\BEP_Cover.jpg https://cei.illinois.gov Page BEP Utilization Plan Version 26.1 Part I Terms and Conditions The Business Enterprise for Minorities, Women, and Persons with Disabilities Act (BEP Act) establishes an aspirational goal of awarding not less than 30% of the total dollar amount of state contracts and not less than 20% of the total dollar amount of state construction contracts to businesses owned by minorities, women, and persons with disabilities. See 30 ILCS 575/4.

Per 30 ILCS 575/4(e), failure to complete and include a Business Enterprise Program (BEP) Utilization Plan, including documentation demonstrating good faith efforts when requesting a waiver, renders the bid or offer non-responsive. The purchasing entity may allow the prime vendor to cure certain deficiencies in the Utilization Plan, such as mistakes resulting from failure to follow instructions or a lapsed BEP certification. See 30 ILCS 575/4(e). The BEP Utilization Plan consists of four parts and must be completed and submitted for solicitations with an assigned BEP goal. Other than supplemental documentation, documentation that alters or replaces the Utilization Plan will not be considered during the Utilization Plan review.

Part I Terms and Conditions Part II Prime Vendor Commitment Part III BEP Subcontractor Participation Agreement Part IV Waiver Requests and Reviews

1. Definitions BEP Act The Business Enterprise for Minorities, Women, and Persons with Disabilities Act is a law in Illinois designed to promote fairness and increase opportunities for minority-owned, women-owned, and persons-with-disabilities-owned businesses in Illinois government contracting. The BEP Act states that not less than 30% of the total dollar amount of every state contract and not less than 20% of the total dollar amount of every state construction contract shall be awarded to BEP certified vendors, unless an exemption or waiver is granted by the BEP Council. See 30 ILCS 575/4 and 7. The goal is to create a more inclusive and diverse business environment, ensuring that businesses owned by historically underrepresented groups have equal access to government contracts.

BEP Compliance BEP Compliance includes BEP Compliance Officers, a BEP Compliance Manager, and a CEI Deputy Director over BEP Compliance.

BEP Council The Business Enterprise Council for Minorities, Women and Persons with Disabilities was developed to help implement, monitor, and enforce the goals of the BEP Act.

BEP Certification A process through which the Business Enterprise Program formally recognizes businesses that are at least 51% owned and controlled by minorities, women, or persons with disabilities. To qualify for BEP certification, the business owner must be a U.S. citizen or lawful permanent resident, and the business must have annual gross sales of less than $150 million. This certification allows these businesses to be recognized as diverse suppliers, making them eligible for certain opportunities and government contracts designed to support diversity and inclusion in Illinois' business community.

Business Enterprise Program or BEP The Commission on Equity and Inclusion's Business Enterprise Program is an Illinois initiative designed to promote and support businesses that are at least 51% owned and operated by minorities, women, or persons with disabilities. The program helps these businesses gain access to government contracts and other opportunities by certifying them as diverse suppliers. Through BEP, the Commission on Equity and Inclusion works to create a more inclusive business environment, ensuring that businesses owned by underrepresented groups have a fair chance to compete for and succeed in the marketplace.

Certified Vendor A minority-owned business, women-owned business, or business owned by a person with a disability that is certified by the Business Enterprise Program.

Commercially Useful Function A commercially useful function refers to the role that a business plays in completing a contract in a meaningful and substantial way. According to Section 4(a-5) of the BEP Act, 30 ILCS 575/4(a-5), for a business owned by minorities, women, or persons with disabilities to count toward the goals of this program, it must actually perform the work it has been hired to do, rather than just serving as a middleman. Citing 49 CFR 26.55(c). This means the business must contribute directly to the completion of the contract, rather than simply passing the work on to another company.

Commission on Equity and Inclusion or CEI CEI works to maximize supplier diversity in Illinois. CEI oversees programs, including BEP and the Veterans Business Program, that support businesses owned by minorities, women, veterans, and people with disabilities, ensuring they have access to government contracts and opportunities.

Contractor A business or individual hired by a purchasing entity to perform a specific job or provide goods or services under a formal agreement, known as a contract. The contractor is responsible for completing the work as outlined in the executed contract.

Control The exclusive or ultimate and 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, operating responsibilities, cost-control matters, income and dividend matters, financial transactions and rights of other shareholders or joint partners. Control is real, substantial and continuing, not pro forma. Control includes 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 is exemplified by possessing the requisite knowledge and expertise to run the particular business and control does not include simple majority or absentee ownership.

Good Faith Effort Actions undertaken by a bidder, offeror, or contractor to achieve a contract-specific BEP goal that, by scope, intensity, and appropriateness to the objective, can reasonably be expected to fulfill BEP's requirements.

Minority A person who is a citizen or lawful permanent resident of the United States and who is any of the following:

1. American Indian or Alaska Native (a person having origins in any of the original peoples of North and South America, including Central America, and who maintains tribal affiliation or community attachment).

2. Asian (a person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent, including, but not limited to, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam).

3. Black or African American (a person having origins in any of the black racial groups of Africa).

4. Hispanic or Latino (a person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race).

5. Native Hawaiian or Other Pacific Islander (a person having origins in any of the original peoples of Hawaii, Guam, Samoa, or other Pacific Islands).

Minority-owned Business or MBE A business that is at least 51% owned by one or more minority persons, or in the case of a corporation, at least 51% of the stock is owned by one or more minority person. The management and daily business operations are controlled by one or more of the minority individuals who own it.

NIGP Code A five-digit code used to classify and describe the type of work or services involved in a contract. The first three digits represent the broad category of the work, while the last two digits give more specific details within that category. This system, created by the National Institute of Governmental Purchasing, helps organizations organize and define the goods and services they are contracting for.

Ownership 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.

Person with a Disability

A person who is a citizen or lawful resident of the United States and is a person qualifying as a person with a severe physical or mental disability substantially limiting one or more of the person's major life activities that results from: amputation, arthritis, autism, blindness, burn injury, cancer, cerebral palsy, Crohn's disease, cystic fibrosis, deafness, head injury, heart disease, hemiplegia, hemophilia, respiratory or pulmonary dysfunction, an intellectual disability, mental illness, multiple sclerosis, muscular dystrophy, musculoskeletal disorders, neurological disorders, including stroke and epilepsy, paraplegia, quadriplegia and other spinal cord conditions, sickle cell anemia, ulcerative colitis, specific learning disabilities, or end stage renal failure disease.

Person with a Disability-owned Business, Person with a Disability-owned Business Enterprise, or PBE A business that is at least 51% owned by one or more persons with a disability and the management and daily business operations are controlled by one or more of the persons with disabilities who own it. A not-for-profit agency for persons with disabilities that is exempt from taxation under Section 501 of the Internal Revenue Code of 1986 is also considered a business owned by a person with a disability.

Prime Vendor Any person or entity having a contract that is subject to the BEP Act with an Illinois purchasing entity.

Purchasing Entity Any agency, board, or commission under the authority of the Governor of the state of Illinois, as well as public institutions of higher education.

Public Institution of Higher Education The University of Illinois, Southern Illinois University, Chicago State University, Eastern Illinois University, Governors State University, Illinois State University, Northeastern Illinois University, Northern Illinois University, Western Illinois University, the Illinois public community colleges, and any other public universities, colleges, and community colleges now or hereafter established or authorized by the General Assembly. *This definition differs from the term used in the VBP Utilization Plan.

Solicitation Scope Identifier The relevant solicitation commodity code(s) and/or scope descriptions.

State Construction Contracts All state contracts entered into by a purchasing entity for the repair, remodeling, renovation or construction of a building or structure, or for the construction or maintenance of a highway defined in Article 2 of the Illinois Highway Code.

State Contracts All contracts entered into by the State or purchasing entity, regardless of the source of the funds with which the contracts are paid, which are not subject to federal reimbursement. State contracts do not include contracts awarded by a retirement system, pension fund, or investment board subject to Section 1-109.1 of the Illinois Pension Code.

Subcontractor A person or entity that enters into a contractual agreement with a prime vendor to provide, on behalf of the prime vendor, goods, services, real property, or remuneration or other monetary consideration that is the subject of the primary state contract.

Utilization Plan or U-Plan A document submitted with bids or proposals that outlines how the bidder or offeror plans to meet the BEP goal for a specific contract. It shows whether the bidder will achieve the goal by performing the work themselves (if they are a certified vendor) or by using certified subcontractors. The plan must demonstrate that the vendor will either meet the full contract goal or request a waiver for all or part of the goal.

Woman A person who is a citizen or lawful permanent resident of the United States and who is of the female gender.

Woman-owned Business or WBE A business that is at least 51% owned by one or more women, or, in the case of a corporation, at least 51% of the stock is owned by one or more women. Additionally, the women who own the business must also manage and control its daily operations.

2. How to Find BEP-Certified Vendors CEI offers the Supplier Diversity Management Portal for the public and purchasing entities to conduct searches on BEP-certified vendors within NIGP Code classifications. To conduct a certified vendor search, select the “Certified Firms Directory” option on the linked login screen.

Note: Firms must be BEP-certified at the time of bid submission.

3. Curable BEP Utilization Plan Deficiencies

3.1. The purchasing entity shall allow the prime vendor to cure certain deficiencies in the Utilization Plan. See 30 ILCS 575/4(e).

3.2. A bidder or offeror whose bid or offer is accepted and who included in that bid a completed Utilization Plan but who fails to meet the goals outlined in the plan shall be notified of the deficiency by the contracting purchasing entity and shall be given a period of 10 calendar days to cure the deficiency by contracting with additional subcontractors who are certified by the Business Enterprise Program or by increasing the work to be performed by previously identified vendors certified by the Business Enterprise Program. See 30 ILCS 575/4(e).

3.3. The BEP Act lists the following curable Utilization Plan deficiencies:

3.3.1. A bidder or offeror whose bid or offer is accepted and who includes a completed Utilization Plan with that bid but fails to meet the goals outlined in the plan.

3.3.2. Scrivener's errors, such as transposed numbers.

3.3.3. Information submitted in an incorrect form or format.

3.3.4. Mistakes resulting from failure to follow instructions or to identify and adequately document good faith efforts taken to comply with the Utilization Plan.

3.3.5. A proposal to use a firm whose BEP certification has lapsed or is not yet recognized.

3.4. The BEP Act states that a cure is not authorized if the bidder or offeror submits:

3.4.1. A blank Utilization Plan.

3.4.2. A Utilization Plan that shows a lack of reasonable effort to complete the form on time.

3.4.3. A Utilization Plan that states the contract will be self-performed by a non-certified vendor without showing good faith efforts or a request for a waiver.

3.5. All cure activity shall address the deficiencies identified by the purchasing entity and shall require clear documentation to address those deficiencies.

3.6. Any increase in cost to a contract for the addition of a subcontractor to cure a bid's deficiency shall not affect the bid price.

3.7. In no case shall an identified subcontractor with a Business Enterprise Program certification made under this Act be terminated from a contract without the written consent of the purchasing entity entering into the contract.

3.8. The purchasing entity shall determine whether the Utilization Plan deficiency cure is adequate. See 30 ILCS 575/4(e). Purchasing entities are not permitted to make waiver determinations. Only BEP Compliance is permitted to make the final determination for all goal waiver requests. Goal waiver determinations are final, and waiver deficiencies are not curable.

4. Expenditures Eligible for Goal Credit

4.1. The full value of a BEP-certified vendor’s performed work and goods or equipment provided will count toward the contract goal. Only expenditures made to BEP-certified firms that perform a commercially useful function constituting direct participation, as defined by the scope of work identified in the solicitation and resulting contract, can be counted toward the goal. See 30 ILCS 575/4(a-5). Direct participation includes work directly related to completing the contract’s scope of work, while indirect participation includes work related to other aspects of the vendor’s business.

5. Monitoring Contract Compliance

5.1. Once the Utilization Plan and BEP Subcontractor Participation Agreement are approved and the contract is awarded and executed, the Utilization Plan becomes part of the contract.

5.2. The BEP goal applies to the contract, amendments, and change orders.

5.3. The prime vendor must submit and/or verify monthly reports to BEP through CEI’s Supplier Diversity Management Portal.

5.3.1. During the Supplier Diversity Management Portal's monthly audit cycle,prime vendors must report the payments received from the purchasing entity if theComptroller’s contract payment activity doesn’t automatically populate. The Supplier Diversity Management Portal will notify the prime vendors and any BEP-certified subcontractors of payment entries.

5.3.2. Once the prime vendor pays the BEP-certified subcontractor and records the payment in the Supplier Diversity Management Portal, the BEP-certified subcontractor is required to validate the payments and note any discrepancies in the Supplier Diversity Management Portal.

5.3.3. All reconciliation of payments must take place before the monthly system audit can close.

5.4. The prime vendor must keep detailed records about using BEP-certified vendors, includingpayroll records, invoices, canceled checks, and other financial documents, for at least three years after the contract ends. These records must be available for review within 48 hours if requested by the purchasing entity, the BEP Council Secretary, or other CEI-authorized representatives.

5.5. After the final work is completed and payment is made to the BEP-certified vendor, the prime vendor must submit a statement confirming the final payment and total payments to the BEP-certified vendor(s).

5.6. Purchasing entities must monitor a prime vendor's compliance with its Utilization Plan and the terms of its contract. Without limitation, a prime vendor's failure to comply with its contractual commitments as contained in the Utilization Plan, failure to cooperate in providing information regarding its compliance with its Utilization Plan, or the provision of false or misleading information or statements concerning compliance, certification status, or eligibility of the BEP-certified vendor, good faith efforts, or any other material fact or representation shall constitute a material breach of the contract and entitle the purchasing entity to declare a default, terminate the contract, or exercise those remedies provided for in the contract, at law, or in equity. See 30 ILCS 575/8(2).

5.7. Before a contract expires or is terminated, purchasing entities must evaluate the prime vendors’ fulfillment of the contract goals for BEP-certified vendor participation. Purchasing entities must prepare a report of the prime vendor's compliance with the contract goals and file it with the BEP Council Secretary. If the BEP Council Secretary determines that the prime vendor did not fulfill the contract goals, the prime vendor shall be in breach of the contract and may be subject to remedies or sanctions unless the prime vendor can show that it made good faith efforts to meet the contract goals. Such remedies or sanctions for failing to make good faith efforts may include disqualifying the contractor from doing business with the state for no more than one year or cancellation, without any penalty to the state, of any contract entered into by the prime vendor. See 30 ILCS 575/8(3).

6. BEP-Certified Vendor Substitutions

6.1. A prime vendor cannot unilaterally lower the goals on a State contract. A prime vendor cannot terminate a BEP-certified subcontractor if that means the resulting goal will decrease.

6.2. If a prime vendor wants to substitute a BEP-certified subcontractor, they must submit justification documentation, a new BEP Utilization Plan and BEP Subcontractor Participation Agreement to the purchasing entity and BEP Compliance within ten business days of receiving approval for the substitution.

Part II Prime Vendor Commitment The BEP Utilization Plan must be completed and returned as instructed in Part II. No alterations or substitutions will be permitted.

Complete the Solicitation Scope Identifier field by identifying the relevant commodity code(s) and/or scope descriptions.

Section I – Solicitation Information The undersigned bidder or offeror submits this Utilization Plan as part of its bid or offer in accordance with the solicitation and BEP requirements. The solicitation contains a supplier diversity goal. Therefore, BEP-certified vendors, defined by the Commission on Equity and Inclusion (CEI), will perform a percentage of the contract's value. The BEP goal applies to the contract, amendments, and change orders.

· Vendors dually certified in BEP and the Veterans Business Program may only be counted towards either goal, not both.

· All BEP-certified prime vendors and subcontractors must perform commercially useful functions (CUF) through direct participation as defined in Part I of this Utilization Plan.

· Firms must be BEP-certified at the time of bid submission.

The undersigned bidder or offeror acknowledges reading, understanding, and agreeing to all BEP policies, rules, and procedures as defined in Part I of this Utilization Plan and hereby affirms:

Select the appropriate option below.

The bidder or offeror is a BEP-certified firm and will fully meet the goal through self-performance.

If checked, the prime vendors must only submit this signed Part II.

The bidder or offeror is a BEP-certified firm that has identified at least one BEP-certified subcontractor to split the goal with.

If checked, submit Part II and a Part III for each BEP-certified subcontractor.

The bidder or offeror is not a BEP-certified firm. It has identified at least one BEP-certified subcontractor to meet the assigned BEP goal fully.

If checked, submit Part II and a Part III for each BEP-certified subcontractor.

The bidder or offeror cannot fully meet the BEP goal itself or through BEP-certified firms, but has submitted a BEP Waiver Request and Review Form.

If checked, review Part IV, complete a BEP Waiver Request and Review Form, the signed Part II, and, if requesting a reduction, a Part III for each BEP-certified subcontractor.

Section II - Compliance Attestation Compliance with all tenets of the Utilization Plan is mandated, and if awarded, this Utilization Plan will become part of the contract. Failure to carry out the requirements of this Utilization Plan is considered a material breach of the resulting contract, which may result in the termination of the contract or such other remedy as the purchasing entity deems appropriate.

Part III BEP Subcontractor Participation Agreement The bidder or offeror must submit a separate, completed, and signed BEP Subcontractor Participation Agreement for each BEP-certified subcontractor. Once submitted with the bid or offer, the Utilization Plan, including each BEP Subcontractor Participation Agreement, will become a mandated part of the awarded contract. The bidder or offeror cannot prohibit or limit any selected BEP-certified subcontractor from providing subcontractor quotes to other potential bidders or offerors.

All BEP Subcontractor Participation Agreements are subject to the procuring purchasing entity's approval. Changes involving or affecting the identified BEP-certified subcontractor and scope of work will not be permitted without written notification to and the approval of the purchasing entity.

Solicitation Information Bidder or Offeror Information Bidder or Offeror Name:

Bidder or Offeror Address:

Bidder or Offeror Email:

Bidder or Offeror Telephone:

Print the name of the bidder or offeror contact responsible for ensuring compliance with this BEP Subcontractor Participation Agreement below.

BEP Subcontractor Information BEP Subcontractor Name:

BEP Subcontractor Address:

BEP Subcontractor Address:

BEP Subcontractor Email:

BEP Subcontractor Email:

BEP Subcontractor Telephone:

BEP Subcontractor Telephone:

Print the name of the BEP-certified subcontractor contact responsible for ensuring compliance with this BEP Subcontractor Participation Agreement below.

Indicate the percentage or dollar amount of the estimated contract award that will be subcontracted to the certified BEP-certified subcontractor.

Select the estimated BEP Subcontractor Participation Agreement term start date.

Please enter BEP Subcontractor Participation Agreement term start date.

Select the estimated BEP Subcontractor Participation Agreement term end date.

BEP Subcontractor Goods and Services Description Provide a detailed description of the BEP-certified subcontractor's scope of work, the goods to be delivered, and the exact scope identifiers (i.e., commodity codes or other scope identifying information). This description must clearly define the services and products the BEP-certified subcontractor will provide under the contract. The description must also include a detailed list of tasks, responsibilities, materials, and deliverables. Provide a detailed description for each scope identifier.

Scope Identifier Scope Identifier Description Description THE UNDERSIGNED PARTIES AGREE that once signed and submitted with the bid or offer, this BEP Subcontractor Participation Agreement, along with the other parts of this Utilization Plan, will become a material part of the contract, and the BEP-certified vendor will perform the designated scope of work at the percentage indicated above. The undersigned parties also certify that they did not affix their signatures to this document until all other areas were completed.

Prime Vendor BEP Subcontractor Part III BEP Subcontractor Participation Agreement 02 The bidder or offeror must submit a separate, completed, and signed BEP Subcontractor Participation Agreement for each BEP-certified subcontractor. Once submitted with the bid or offer, the Utilization Plan, including each BEP Subcontractor Participation Agreement, will become a mandated part of the awarded contract. The bidder or offeror cannot prohibit or limit any selected BEP-certified subcontractor from providing subcontractor quotes to other potential bidders or offerors. All BEP Subcontractor Participation Agreements are subject to the procuring purchasing entity's approval. Changes involving or affecting the identified BEP-certified subcontractor and scope of work will not be permitted without written notification to and the approval of the purchasing entity.

Solicitation Information Bidder or Offeror Information Bidder or Offeror Name:

Bidder or Offeror Address:

Bidder or Offeror Email:

Bidder or Offeror Telephone:

Print the name of the bidder or offeror contact responsible for ensuring compliance with this BEP Subcontractor Participation Agreement below.

BEP Subcontractor Information BEP Subcontractor Name:

BEP Subcontractor Address:

BEP Subcontractor Email:

BEP Subcontractor Telephone:

Print the name of the BEP-certified subcontractor contact responsible for ensuring compliance with this BEP Subcontractor Participation Agreement below.

Indicate the percentage or dollar amount of the estimated contract award that will be subcontracted to the certified BEP-certified subcontractor.

Select the estimated BEP Subcontractor Participation Agreement term start date.

Select the estimated BEP Subcontractor Participation Agreement term end date.

BEP Subcontractor Goods and Services Description Provide a detailed description of the BEP-certified subcontractor's scope of work, the goods to be delivered, and the exact scope identifiers (i.e., commodity codes or other scope identifying information). This description must clearly define the services and products the BEP-certified subcontractor will provide under the contract. The description must also include a detailed list of tasks, responsibilities, materials, and deliverables. Provide a detailed description for each scope identifier.

Scope Identifier Scope Identifier Description THE UNDERSIGNED PARTIES AGREE that once signed and submitted with the bid or offer, this BEP Subcontractor Participation Agreement, along with the other parts of this Utilization Plan, will become a material part of the contract, and the BEP-certified vendor will perform the designated scope of work at the percentage indicated above. The undersigned parties also certify that they did not affix their signatures to this document until all other areas were completed.

Prime Vendor BEP Subcontractor Part III BEP Subcontractor Participation Agreement 03 The bidder or offeror must submit a separate, completed, and signed BEP Subcontractor Participation Agreement for each BEP-certified subcontractor. Once submitted with the bid or offer, the Utilization Plan, including each BEP Subcontractor Participation Agreement, will become a mandated part of the awarded contract. The bidder or offeror cannot prohibit or limit any selected BEP-certified subcontractor from providing subcontractor quotes to other potential bidders or offerors. All BEP Subcontractor Participation Agreements are subject to the procuring purchasing entity's approval. Changes involving or affecting the identified BEP-certified subcontractor and scope of work will not be permitted without written notification to and the approval of the purchasing entity.

Solicitation Information Bidder or Offeror Information Bidder or Offeror Name:

Bidder or Offeror Address:

Bidder or Offeror Email:

Bidder or Offeror Telephone:

Print the name of the bidder or offeror contact responsible for ensuring compliance with this BEP Subcontractor Participation Agreement below.

BEP Subcontractor Information BEP Subcontractor Name:

BEP Subcontractor Address:

BEP Subcontractor Email:

BEP Subcontractor Telephone:

Print the name of the BEP-certified subcontractor contact responsible for ensuring compliance with this BEP Subcontractor Participation Agreement below.

Indicate the percentage or dollar amount of the estimated contract award that will be subcontracted to the certified BEP-certified subcontractor.

Select the estimated BEP Subcontractor Participation Agreement term start date.

Select the estimated BEP Subcontractor Participation Agreement term end date.

BEP Subcontractor Goods and Services Description Provide a detailed description of the BEP-certified subcontractor's scope of work, the goods to be delivered, and the exact scope identifiers (i.e., commodity codes or other scope identifying information). This description must clearly define the services and products the BEP-certified subcontractor will provide under the contract. The description must also include a detailed list of tasks, responsibilities, materials, and deliverables. Provide a detailed description for each scope identifier.

Scope Identifier Description THE UNDERSIGNED PARTIES AGREE that once signed and submitted with the bid or offer, this BEP Subcontractor Participation Agreement, along with the other parts of this Utilization Plan, will become a material part of the contract, and the BEP-certified vendor will perform the designated scope of work at the percentage indicated above. The undersigned parties also certify that they did not affix their signatures to this document until all other areas were completed.

Prime Vendor BEP Subcontractor Part III BEP Subcontractor Participation Agreement 04 The bidder or offeror must submit a separate, completed, and signed BEP Subcontractor Participation Agreement for each BEP-certified subcontractor. Once submitted with the bid or offer, the Utilization Plan, including each BEP Subcontractor Participation Agreement, will become a mandated part of the awarded contract. The bidder or offeror cannot prohibit or limit any selected BEP-certified subcontractor from providing subcontractor quotes to other potential bidders or offerors. All BEP Subcontractor Participation Agreements are subject to the procuring purchasing entity's approval. Changes involving or affecting the identified BEP-certified subcontractor and scope of work will not be permitted without written notification to and the approval of the purchasing entity.

Solicitation Information Bidder or Offeror Information Bidder or Offeror Name:

Bidder or Offeror Address:

Bidder or Offeror Email:

Bidder or Offeror Telephone:

Print the name of the bidder or offeror contact responsible for ensuring compliance with this BEP Subcontractor Participation Agreement below.

BEP Subcontractor Information BEP Subcontractor Name:

BEP Subcontractor Address:

BEP Subcontractor Email:

BEP Subcontractor Email:

BEP Subcontractor Telephone:

Print the name of the BEP-certified subcontractor contact responsible for ensuring compliance with this BEP Subcontractor Participation Agreement below.

Indicate the percentage or dollar amount of the estimated contract award that will be subcontracted to the certified BEP-certified subcontractor.

Select the estimated BEP Subcontractor Participation Agreement term end date.

BEP Subcontractor Goods and Services Description Provide a detailed description of the BEP-certified subcontractor's scope of work, the goods to be delivered, and the exact scope identifiers (i.e., commodity codes or other scope identifying information). This description must clearly define the services and products the BEP-certified subcontractor will provide under the contract. The description must also include a detailed list of tasks, responsibilities, materials, and deliverables. Provide a detailed description for each scope identifier.

Scope Identifier Description THE UNDERSIGNED PARTIES AGREE that once signed and submitted with the bid or offer, this BEP Subcontractor Participation Agreement, along with the other parts of this Utilization Plan, will become a material part of the contract, and the BEP-certified vendor will perform the designated scope of work at the percentage indicated above. The undersigned parties also certify that they did not affix their signatures to this document until all other areas were completed.

Prime Vendor BEP Subcontractor Part III BEP Subcontractor Participation Agreement 05 The bidder or offeror must submit a separate, completed, and signed BEP Subcontractor Participation Agreement for each BEP-certified subcontractor. Once submitted with the bid or offer, the Utilization Plan, including each BEP Subcontractor Participation Agreement, will become a mandated part of the awarded contract. The bidder or offeror cannot prohibit or limit any selected BEP-certified subcontractor from providing subcontractor quotes to other potential bidders or offerors. All BEP Subcontractor Participation Agreements are subject to the procuring purchasing entity's approval. Changes involving or affecting the identified BEP-certified subcontractor and scope of work will not be permitted without written notification to and the approval of the purchasing entity.

Solicitation Information Bidder or Offeror Information Bidder or Offeror Name:

Bidder or Offeror Address:

Bidder or Offeror Email:

Bidder or Offeror Telephone:

Print the name of the bidder or offeror contact responsible for ensuring compliance with this BEP Subcontractor Participation Agreement below.

BEP Subcontractor Information BEP Subcontractor Name:

BEP Subcontractor Address:

BEP Subcontractor Email:

BEP Subcontractor Telephone:

Print the name of the BEP-certified subcontractor contact responsible for ensuring compliance with this BEP Subcontractor Participation Agreement below.

Indicate the percentage or dollar amount of the estimated contract award that will be subcontracted to the certified BEP-certified subcontractor.

Select the estimated BEP Subcontractor Participation Agreement term start date.

Select the estimated BEP Subcontractor Participation Agreement term end date.

BEP Subcontractor Goods and Services Description Provide a detailed description of the BEP-certified subcontractor's scope of work, the goods to be delivered, and the exact scope identifiers (i.e., commodity codes or other scope identifying information). This description must clearly define the services and products the BEP-certified subcontractor will provide under the contract. The description must also include a detailed list of tasks, responsibilities, materials, and deliverables. Provide a detailed description for each scope identifier.

Scope Identifier Description THE UNDERSIGNED PARTIES AGREE that once signed and submitted with the bid or offer, this BEP Subcontractor Participation Agreement, along with the other parts of this Utilization Plan, will become a material part of the contract, and the BEP-certified vendor will perform the designated scope of work at the percentage indicated above. The undersigned parties also certify that they did not affix their signatures to this document until all other areas were completed.

Prime Vendor BEP Subcontractor If additional agreements are needed, please contact Jacob Perez at jacob.perez@illinois.gov.

Part IV Waiver Requests and Reviews Per 30 ILCS 575/4(e), failure to complete and include a BEP Utilization Plan, including documentation demonstrating good faith efforts when requesting a waiver, renders the bid or offer non-responsive.

Waiver Process If the prime vendor cannot wholly or can partly achieve the BEP participation goal, it must follow the waiver process outlined in Part IV. A prime vendor providing good faith effort documentation and a goal waiver request must review this Part IV, complete a BEP Waiver Request and Review Form, the signed Part II, and, if requesting a reduction, a Part III for each BEP-certified subcontractor, which must all be submitted with their bid or offer.

The Business Enterprise Council for Women, Minorities, and Persons with Disabilities (BEP Council) passed the Goal Waiver Determination Resolution on February 26, 2024. Effective July 1, 2024, this resolution rescinds the BEP Council's August 2013 resolution delegating the authority to approve or deny prime vendors' waiver requests to the Capital Development Board and universities and grants the Business Enterprise Program (BEP) the authority to approve or deny prime vendors' waiver requests on CDB, public university, and community college procurements. This resolution also creates a process whereby CDB and public institutions of higher education, including community colleges, will continue to evaluate vendors' good faith efforts, but instead of making the final determination on waiver requests, these entities will submit an overall recommendation on every waiver request to BEP Compliance, who will make the final determination. The resolution ensures all purchasing entities subject to the BEP Act consistently use the required waiver methodology by giving BEP the authority to review and determine all waiver requests.

The steps of the waiver request process are identified below. The BEP Waiver Request and Review Form is located on CEI's website.

Follow these steps if the solicitation is from CDB:

1. The prime vendor reviews Part IV of the Utilization Plan.

2. The prime vendor completes the BEP Waiver Request and Review Form.

3. The prime vendor submits a completed BEP Waiver Request and Review Form, a completed Utilization Plan Part II, and, if requesting a goal reduction, a Utilization Plan Part III for each BEP-certified subcontractor, with its bid or offer.

4. CDB evaluates the prime vendor's waiver request using its prescribed internal review process.

5. CDB submits its approval or denial recommendation, along with the prime vendor's BEP Waiver Request and Review Form, to BEP Compliance.

6. BEP Compliance reviews CDB's recommendation and the prime vendor's BEP Waiver Request and Review Form.

7. Within 10 business days of receipt, BEP Compliance makes a waiver approval or denial determination and notifies both the purchasing entity and the applicable State Purchasing Officer.

Follow these steps if the solicitation is from a public institution of higher education:

1. The prime vendor reviews Part IV of the Utilization Plan.

2. The prime vendor completes the BEP Waiver Request and Review Form.

3. The prime vendor submits a completed BEP Waiver Request and Review Form, a completed Utilization Plan Part II, and, if requesting a goal reduction, a completed Utilization Plan Part III for each BEP-certified subcontractor, along with its bid or offer.

4. The public institution of higher education evaluates the prime vendor's waiver request using its prescribed internal review process.

5. The public institution of higher education submits its approval or denial recommendation with the prime vendor's BEP Waiver Request and Review Form to BEP Compliance.

6. BEP Compliance reviews the public institution of higher education's recommendation and the prime vendor's BEP Waiver Request and Review Form.

7. Within 10 business days of receipt, BEP Compliance makes a waiver approval or denial determination and notifies the purchasing entity and the applicable State Purchasing Officer.

Follow these steps if the solicitation is from a purchasing entity other than CDB or a public institution of higher education:

1. The prime vendor reviews Part IV of the Utilization Plan.

2. The prime vendor completes the BEP Waiver Request and Review Form.

3. The prime vendor submits a completed BEP Waiver Request and Review Form, a completed Utilization Plan Part II, and, if requesting a goal reduction, a completed Utilization Plan Part III for each BEP-certified subcontractor, along with its bid or offer.

4. Purchasing entities other than CDB or public institutions of higher education submit their prime vendor's waiver request to BEP Compliance.

5. BEP Compliance reviews the prime vendor's BEP Waiver Request and Review Form.

6. Within 10 business days of receipt, BEP Compliance makes a waiver approval or denial determination and notifies both the purchasing entity and the applicable State Purchasing Officer.

BEP Compliance's waiver determination will include the justification for the requested waiver, including whether the requesting contractor made a good faith effort to identify and solicit eligible businesses owned by minorities, women, and persons with disabilities, the total number of waivers the contractor has been granted in the current and prior fiscal years, and the contractor's use of these diverse businesses in the current and prior fiscal years.

If a prime vendor requested a waiver because it could not meet the full BEP goal (as a bidder or offeror) but demonstrated a good faith effort, the final contract goal will be the percentage denoted in the adjusted and approved Utilization Plan.

Waiver Checklist BEP Compliance will use the checklist below to evaluate a prime vendor's waiver request. Marking this checklist does not count as completing a waiver request. A waiver request will only be considered when submitted on the BEP Waiver Request and Review Form.

The prime vendor provided a list of eligible businesses owned by minorities, women, and persons with disabilities that pertain to the class of contracts in the requested waiver that the vendor contacted. Businesses are only eligible if certified for the products or work advertised in the solicitation.

The prime vendor provided a clear demonstration that the vendor selected portions of the work to be performed by certified vendors to facilitate meeting the contract-specific goal, and that certified vendors that can perform the work of the contract were solicited through all reasonable and available means.

The prime vendor provided documentation demonstrating that certified vendors were not rejected as being unqualified without sound reasons based on a thorough investigation of their capabilities. The certified vendor's standing within its industry, membership in specific groups, organizations, or associations, and political or social affiliations are not legitimate causes for rejecting or not contacting or negotiating with a certified vendor.

The prime vendor provided proof that the prime vendor solicited eligible certified vendors with: (1) sufficient time to respond; (2) adequate information about the scope, specifications, and requirements of the solicitation or bid, including plans, drawings, and addenda, to allow eligible businesses an opportunity to respond to the solicitation or bid; and (3) sufficient follow up with certified vendors.

The prime vendor provided a clear demonstration that the prime vendor communicated with certified vendors.

The prime vendor provided evidence that the prime vendor negotiated with certified vendors to enter into subcontracts to provide a commercially useful function of the contract for a reasonable cost.

The prime vendor provided documentation demonstrating that the difference in cost between the contract proposals being offered by certified vendors is excessive or unreasonable.

The prime vendor provided a list of certified vendors owned by minorities, women, and persons with disabilities that the contractor has used in the current and prior fiscal years.

The prime vendor provided documentation demonstrating that the vendor made efforts to utilize certified vendors despite the ability or desire of a vendor to perform the work with its own operations by selecting portions of the work to be performed by certified vendors, which may, when appropriate, include breaking out portions of the work to be performed into economically feasible units to facilitate certified vendor participation.

The prime vendor provided documentation that the vendor used the services of: (1) the state; (2) organizations or contractors' groups representing or composed of minorities, women, or persons with disabilities; (3) local, state, or federal assistance offices representing or assisting minorities, women, or persons with disabilities; and (4) other organizations that provide assistance in the recruitment and engagement of certified vendor.

6.5.0.20211215.13 BEP Utilization Plan