BEP_WaiverRequest_Review~3.pdf

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Attached to
Aeronautics Program Management System(APMS) RFP
Solicitation number
26-494DOT-FINAD-B-50780
Issued by
Illinois

About this file

This is a Business Enterprise Program (BEP) Waiver Request and Review Form issued by the State of Illinois, Commission on Equity and Inclusion (CEI), for use in state and local contract procurements. The form is designed to document and evaluate waiver requests for BEP goals when bidders or offerors claim inability to meet certified vendor participation requirements. The form applies to procurements under the Chief Procurement Office for Capital Development Board (CPO-CDB), Chief Procurement Office for Higher Education (CPO-HE), and Illinois Community Colleges, including the referenced Aeronautics Program Management System (APMS) RFP with a 2% BEP goal. Bidders must complete all ten requirements of the BEP Act, demonstrating good faith efforts to identify, solicit, and negotiate with certified vendors owned by minorities, women, and persons with disabilities. Failure to complete the utilization plan with documentation of good faith efforts renders the bid or offer non-responsive per 30 ILCS 575/7(3).

The waiver request process involves multiple levels of review and approval. Prime vendors must document all communications with certified vendors, including dates, times, and methods of contact; provide evidence of negotiations for commercially useful functions at reasonable costs; and demonstrate that cost differences are excessive or unreasonable when applicable. Vendors must also list certified vendors used in current and prior fiscal years and provide evidence of efforts to break out work into economically feasible units. The completed form requires signatures from the prime vendor, the purchasing entity, CEI Compliance staff, and the CEI Deputy Director. The final determination by the CEI Deputy Director is then sent to the purchasing entity for inclusion in the procurement file, with copies to Jacob Perez, CEI Deputy Director, and CEI's BEP Compliance office.

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Version 26.2 Printed by Authority of the State of Illinois 3/26 https://cei.illinois.gov

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State of Illinois, Commission on Equity and Inclusion BEP Waiver Request and Review Form Pursuant to 30 ILCS 575/7(3), failure to complete and include a utilization plan, including documentation demonstrating good faith efforts when requesting a waiver, shall render the bid or offer non-responsive. This document represents the bidder’s or offeror's submission of a full or partial Business Enterprise Program (BEP) goal waiver request, based on the due diligence conducted to facilitate BEP vendor participation for the contract. The Commission on Illinois and Inclusion (CEI) will make the final determination on the waiver request.

To obtain a CEI-approved waiver, the bidder or offeror must complete all ten requirements of the BEP Act in detail, demonstrating their actions and efforts for each of the ten requirements.

If additional space is needed, you may attach supplementary documentation to support your responses. Please ensure all attachments are submitted alongside the form and in accordance with the provided instructions.

Section I – Solicitation Information Section II – Prime Vendor Waiver Request

3. By checking the following box, the prime vendor affirms that no certified vendors were rejected as unqualified without sound justification based on a thorough and objective evaluation of their capabilities. The vendor further affirms that rejection or failure to engage with certified vendors was not based on their industry standing, membership in particular groups, organizations, or associations, or on any political or social affiliations.

4. Provide documentation demonstrating your good faith effort to solicit eligible certified vendors. Your submission must include proof that certified vendors were given sufficient time to respond to the solicitation or bid, the information shared with them, including the scope, specifications, and requirements of the opportunity, and evidence of follow-up communications to encourage participation or respond to inquiries. All documentation should reflect the timeline and thoroughness of the outreach effort.

5. Provide a clear demonstration that you communicated with certified vendors by listing the date, time, and type of communication for each certified vendor below.

List the date, time, and method of communication for each certified vendor below.

Date Time Communication Method

6. Provide evidence that you negotiated with certified vendors to enter into contracts to provide a commercially useful function of the contract for a reasonable cost. Complete a response for each certified vendor.

7. Provide documentation demonstrating that the difference in cost between the contract proposals being offered by certified vendors is excessive or unreasonable. If this doesn’t apply to this good faith effort waiver request, please note that below.

8. Provide a list of certified vendors owned by minorities, women, and persons with disabilities that you have used in the current and prior fiscal years.

Certified Vendor Name Purchasing Entity Contract Number Certified Vendor Name Purchasing Entity Contract Number

9. By checking the following box, the prime vendor affirms that it made efforts to utilize certified vendors despite its ability or desire 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.

12. Please complete the Prime Vendor Authorization statement below.

I have completed this good faith effort waiver request to the best of my ability and confirm that the responses and associated documentation provided represent due diligence on my behalf.

Prime vendors must not make any entries on this form beyond this point. Include the signed document with your bid or offer submission to the purchasing entity identified in the solicitation.

Section III – Purchasing Entity Review and Recommendation If the prime vendor's waiver request is for a procurement under the Chief Procurement Office for Capital Development Board (CPO-CDB), the Chief Procurement Office for Higher Education (CPO-HE), or from an Illinois Community College, CEI will evaluate the waiver request and determine upon receipt of the purchasing entity’s review and recommendation.

The individual listed below, representing the specified purchasing entity, confirms that the review and recommendation provided below are complete and accurate to the best of their knowledge and ability.

Submit the completed form, including this signed Section III and all other parts, to your assigned Compliance Officer, copying Jacob Perez, CEI Deputy Director at Jacob.Perez@Illinois.gov.

Purchasing entities must not make any entries on this form beyond this point.

Section IV – CEI Compliance Review and Recommendation CEI's determination will include: the justification for the requested waiver, including whether the prime vendor made a good faith effort to identify and solicit certified vendors based on the required criteria; the total number of waivers the BEP Council has granted to the prime vendor in the current and prior fiscal years; and the prime vendor’s use of businesses owned by minorities, women, and persons with disabilities in the current and prior fiscal years.

The individual listed below confirms that the review and recommendation provided below are complete and accurate to the best of their knowledge and ability.

CEI Compliance staff must not make any entries on this form beyond this point.

Submit the completed form, including this signed Section IV and all other parts, to Jacob Perez, CEI Deputy Director at Jacob.Perez@Illinois.gov, copying CEI’s BEP Compliance at CEI.BEP.Compliance@Illinois.gov.

Section V - CEI Deputy Director Review and Determination The individual listed below confirms that the review and determination provided below are complete and accurate to the best of their knowledge and ability.

This fully completed form with all signatures will be sent to the purchasing entity for inclusion in the procurement file.

11.0.0.20130303.1.892433.887364 BEP Waiver Request and Review Form

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