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.\Assets\cover\VBP_Cover.jpg State of Illinois, Commission on Equity and Inclusion - Veterans Business Program (VBP) Utilization Plan, Version 26.1 https://cei.illinois.gov Page Veterans Business Program Utilization Plan Version 26.1 Part I Terms and Conditions The Illinois Procurement Code establishes a goal of awarding not less than 3% of the total dollar amount of state contracts to small businesses owned and controlled by veterans and service-disabled veterans. See 30 ILCS 500/45-57(a).

Failure to complete and include a Veterans Business Program (VBP) Utilization Plan, including documentation demonstrating good faith efforts when requesting a waiver, may render the bid or offer non-responsive. The purchasing entity cannot allow the prime vendor to cure Utilization Plan deficiencies. The VBP Utilization Plan consists of four parts and must be completed and submitted for solicitations with an assigned VBP 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 VBP Subcontractor Participation Agreement Part IV Waiver Requests and Reviews Definitions Certified Vendor A veteran-owned or service-disabled veteran-owned small business that is certified by the VBP.

Commission on Equity and Inclusion or CEI CEI works to maximize supplier diversity in Illinois. CEI oversees programs, including the Business Enterprise Program and the Veterans Business Program, that support small businesses owned by minorities, women, veterans, service-disabled 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 VBP goal that, by scope, intensity, and appropriateness to the objective, can reasonably be expected to fulfill VBP's requirements.

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.

Prime Vendor

Any person or entity having a contract that is subject to the Illinois Procurement Code with an Illinois purchasing entity.

Purchasing Entity Any State agency and public institutions of higher education.

Public Institution of Higher Education Chicago State University, Eastern Illinois University, Governors State University, Illinois State University, Northeastern Illinois University, Northern Illinois University, Southern Illinois University, University of Illinois, Western Illinois University, and the Illinois Mathematics and Science Academy. *This definition differs from the term used in the BEP Utilization Plan.

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

State Agency Means and includes all boards, commissions, agencies, institutions, authorities, and bodies politic and corporate of the State, created by or in accordance with the constitution or statute, of the executive branch of State government and does include colleges, universities, and institutions under the jurisdiction of the governing boards of the University of Illinois, Southern Illinois University, Illinois State University, Eastern Illinois University, Northern Illinois University, Western Illinois University, Chicago State University, Governors State University, Northeastern Illinois University, and the Board of Higher Education.

However, this term does not apply to public employee retirement systems or investment boards that are subject to fiduciary duties imposed by the Illinois Pension Code or to the University of Illinois Foundation. "State agency" does not include units of local government, school districts, community colleges under the Public Community College Act, and the Illinois Comprehensive Health Insurance Board.

State Contracts All types of State agreements, regardless of what they may be called, for the procurement, use, or disposal of supplies, services, professional or artistic services, or construction or for leases of real property where the State is the lessee, or capital improvements, and including renewals, master contracts, contracts for financing through use of installment or lease-purchase arrangements, renegotiated contracts, amendments to contracts, and change orders.

Subcontractor A person or entity that enters into a contractual agreement with a total value that exceeds the small purchase maximum established by Section 20-20 of the Illinois Procurement Code with a person or entity who has a contract subject to the Illinois Procurement Code pursuant to which the person or entity provides some or all of the goods, services, real property, remuneration, or other monetary forms of consideration that are the subject of the primary State contract, including subleases from a lessee of a State contract. A person or entity is not a "subcontractor" if that person only provides goods or supplies that are incidental to the performance of a contract by a person who has a contract subject to the Illinois Procurement Code.

Utilization Plan or U-Plan A document submitted with bids or proposals that outlines how the bidder or offeror plans to meet the VBP 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.

VBP Certification A process through which the Veterans Business Program formally recognizes small businesses that are at least 51% owned and controlled by veterans or service-disabled veterans.

VBP Compliance VBP Compliance includes a VBP Certification Analyst and a CEI Deputy Director over VBP.

Veterans Business Program or VBP The Commission on Equity and Inclusion's Veterans Business Program is an Illinois initiative designed to promote and support small businesses that are at least 51% owned and operated by veterans or service-disabled veterans. The program helps these small businesses gain access to government contracts and other opportunities by certifying them as diverse suppliers. Through VBP, 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.

1. How to Find VBP-Certified Vendors CEI offers the Supplier Diversity Management Portal for the public and purchasing entities to conduct searches on VBP-certified vendors within NIGP Code classifications. To conduct a certified vendor search, select the “Certified Firms Directory” option on the linked login screen. A user profile is not required to conduct a certified vendor search.

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

2. Curable VBP Utilization Plan Deficiencies The purchasing entity cannot allow the prime vendor to cure Utilization Plan deficiencies.

3. Expenditures Eligible for Goal Credit The Utilization Plan and VBP Subcontractor Participation Agreement outline the work, goods, and equipment VBP-certified vendors are expected to provide, with payment made once the work is completed or goods are delivered. Only payments made for the services, supplies, or equipment provided by VBP-certified vendors are counted toward meeting the contract goal.

4. Monitoring Contract Compliance

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

4.2 The VBP goal applies to the contract, amendments, and change orders.

4.3 The prime vendor must submit and/or verify monthly reports to VBP through CEI's Supplier Diversity Management Portal.

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

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

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

4.4 The prime vendor must keep detailed records about using VBP-certified vendors, including payroll 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 or other CEI-authorized representatives.

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

4.6 Purchasing entities must monitor a prime vendor's compliance with its Utilization Plan and the terms of its contract. Purchasing entities must report the following to VBP Compliance on a quarterly basis:

4.6.1 The aggregate amount of dollars spent on State contracts with VBP-certified vendors.

4.6.2 The number of approved VBP contract exemptions and the reason for the exemptions.

4.6.3 The number of granted VBP goal waivers.

5. VBP-Certified Vendor Substitutions

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

6. VBP Utilization Plan Submission

6.1 The completed utilization plan and supporting documentation must be submitted to the purchasing entity for review.

Part II Prime Vendor Commitment The VBP 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 VBP requirements. The solicitation contains a supplier diversity goal. Therefore, VBP-certified vendors, defined by the Commission on Equity and Inclusion (CEI), will perform a percentage of the contract's value. The VBP goal applies to the contract, amendments, and change orders.

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

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

The undersigned bidder or offeror acknowledges reading, understanding, and agreeing to all VBP 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 VBP-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 VBP-certified firm that has identified at least one VBP-certified subcontractor to split the goal with.

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

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

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

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

If checked, review Part IV, complete a VBP Waiver Request and Review Form, the signed Part II, and, if requesting a reduction, a Part III for each VBP-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 VBP Subcontractor Participation Agreement The bidder or offeror must submit a separate, completed, and signed VBP Subcontractor Participation Agreement for each VBP-certified subcontractor. Once submitted with the bid or offer, the Utilization Plan, including each VBP Subcontractor Participation Agreement, will become a mandated part of the awarded contract. The bidder or offeror cannot prohibit or limit any selected VBP-certified subcontractor from providing subcontractor quotes to other potential bidders or offerors.

All VBP Subcontractor Participation Agreements are subject to the procuring purchasing entity's approval. Changes involving or affecting the identified VBP-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 VBP Subcontractor Participation Agreement below.

VBP Subcontractor Information VBP Subcontractor Name:

VBP Subcontractor Address:

VBP Subcontractor Email:

VBP Subcontractor Telephone:

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

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

Select the estimated VBP Subcontractor Participation Agreement term start date.

Select the estimated VBP Subcontractor Participation Agreement term end date.

VBP Subcontractor Goods and Services Description Provide a detailed description of the VBP-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 VBP-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 VBP Subcontractor Participation Agreement, along with the other parts of this Utilization Plan, will become a material part of the contract, and the VBP-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 VBP Subcontractor Part III VBP Subcontractor Participation Agreement 02 The bidder or offeror must submit a separate, completed, and signed VBP Subcontractor Participation Agreement for each VBP-certified subcontractor. Once submitted with the bid or offer, the Utilization Plan, including each VBP Subcontractor Participation Agreement, will become a mandated part of the awarded contract. The bidder or offeror cannot prohibit or limit any selected VBP-certified subcontractor from providing subcontractor quotes to other potential bidders or offerors.

All VBP Subcontractor Participation Agreements are subject to the procuring purchasing entity's approval. Changes involving or affecting the identified VBP-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 VBP Subcontractor Participation Agreement below.

VBP Subcontractor Information VBP Subcontractor Name:

VBP Subcontractor Address:

VBP Subcontractor Email:

VBP Subcontractor Telephone:

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

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

Select the estimated VBP Subcontractor Participation Agreement term start date.

Select the estimated VBP Subcontractor Participation Agreement term end date.

VBP Subcontractor Goods and Services Description Provide a detailed description of the VBP-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 VBP-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 VBP Subcontractor Participation Agreement, along with the other parts of this Utilization Plan, will become a material part of the contract, and the VBP-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 VBP Subcontractor Part III VBP Subcontractor Participation Agreement 03 The bidder or offeror must submit a separate, completed, and signed VBP Subcontractor Participation Agreement for each VBP-certified subcontractor. Once submitted with the bid or offer, the Utilization Plan, including each VBP Subcontractor Participation Agreement, will become a mandated part of the awarded contract. The bidder or offeror cannot prohibit or limit any selected VBP-certified subcontractor from providing subcontractor quotes to other potential bidders or offerors.

All VBP Subcontractor Participation Agreements are subject to the procuring purchasing entity's approval. Changes involving or affecting the identified VBP-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 VBP Subcontractor Participation Agreement below.

VBP Subcontractor Information VBP Subcontractor Name:

VBP Subcontractor Address:

VBP Subcontractor Email:

VBP Subcontractor Telephone:

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

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

Select the estimated VBP Subcontractor Participation Agreement term start date.

Select the estimated VBP Subcontractor Participation Agreement term end date.

VBP Subcontractor Goods and Services Description Provide a detailed description of the VBP-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 VBP-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 VBP Subcontractor Participation Agreement, along with the other parts of this Utilization Plan, will become a material part of the contract, and the VBP-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 VBP Subcontractor Part III VBP Subcontractor Participation Agreement 04 The bidder or offeror must submit a separate, completed, and signed VBP Subcontractor Participation Agreement for each VBP-certified subcontractor. Once submitted with the bid or offer, the Utilization Plan, including each VBP Subcontractor Participation Agreement, will become a mandated part of the awarded contract. The bidder or offeror cannot prohibit or limit any selected VBP-certified subcontractor from providing subcontractor quotes to other potential bidders or offerors.

All VBP Subcontractor Participation Agreements are subject to the procuring purchasing entity's approval. Changes involving or affecting the identified VBP-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 VBP Subcontractor Participation Agreement below.

VBP Subcontractor Information VBP Subcontractor Name:

VBP Subcontractor Address:

VBP Subcontractor Email:

VBP Subcontractor Telephone:

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

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

Select the estimated VBP Subcontractor Participation Agreement term start date.

Select the estimated VBP Subcontractor Participation Agreement term end date.

VBP Subcontractor Goods and Services Description Provide a detailed description of the VBP-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 VBP-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 VBP Subcontractor Participation Agreement, along with the other parts of this Utilization Plan, will become a material part of the contract, and the VBP-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 VBP Subcontractor Part III VBP Subcontractor Participation Agreement 05 The bidder or offeror must submit a separate, completed, and signed VBP Subcontractor Participation Agreement for each VBP-certified subcontractor. Once submitted with the bid or offer, the Utilization Plan, including each VBP Subcontractor Participation Agreement, will become a mandated part of the awarded contract. The bidder or offeror cannot prohibit or limit any selected VBP-certified subcontractor from providing subcontractor quotes to other potential bidders or offerors.

All VBP Subcontractor Participation Agreements are subject to the procuring purchasing entity's approval. Changes involving or affecting the identified VBP-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 VBP Subcontractor Participation Agreement below.

VBP Subcontractor Information VBP Subcontractor Name:

VBP Subcontractor Address:

VBP Subcontractor Email:

VBP Subcontractor Telephone:

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

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

Select the estimated VBP Subcontractor Participation Agreement term start date.

Select the estimated VBP Subcontractor Participation Agreement term end date.

VBP Subcontractor Goods and Services Description Provide a detailed description of the VBP-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 VBP-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 VBP Subcontractor Participation Agreement, along with the other parts of this Utilization Plan, will become a material part of the contract, and the VBP-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 VBP Subcontractor If additional agreements are needed, please contact Jacob Perez at jacob.perez@illinois.gov.

Part IV Waiver Requests and Reviews Waiver Process If the prime vendor cannot wholly or can partly achieve the VBP 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 VBP Waiver Request and Review Form, the signed Part II, and, if requesting a reduction, a Part III for each VBP-certified subcontractor, which must all be submitted with their bid or offer.

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

Follow these steps if the solicitation is from the Capital Development Board:

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

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

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

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

5. Capital Development Board submits its approval or denial recommendation, along with the prime vendor's VBP Waiver Request and Review Form, to VBP Compliance.

6. VBP Compliance reviews Capital Development Board's recommendation and the prime vendor's VBP Waiver Request and Review Form.

7. Within 10 business days of receipt, VBP 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 university:

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

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

3. The prime vendor submits a completed VBP 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 VBP-certified subcontractor, along with its bid or offer.

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

5. The public university submits its approval or denial recommendation with the prime vendor's VBP Waiver Request and Review Form to VBP Compliance.

6. VBP Compliance reviews the public university's recommendation and the prime vendor's VBP Waiver Request and Review Form.

7. Within 10 business days of receipt, VBP 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 the Capital Development Board or a public university.

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

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

3. The prime vendor submits a completed VBP 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 VBP-certified subcontractor, along with its bid or offer.

4. Purchasing entities other than the Capital Development Board or public universities submit the prime vendor's waiver request to VBP Compliance.

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

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

If a prime vendor requested a waiver because it could not meet the full VBP 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 VBP 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 VBP Waiver Request and Review Form.

Use the Supplier Diversity Management Portal to identify VBP-certified firms.

Soliciting through all reasonable and available means (e.g., attendance at a vendor conference, advertising, and/or written notices) the interest of VBP-certified firms that have the capability to perform the work of the contract. The prime vendor must solicit this interest within sufficient time to allow VBP-certified firms to respond to the solicitation. The prime vendor must determine with certainty if the VBP-certified firms are interested by taking appropriate steps to follow up initial solicitations and encourage them to submit a bid or proposal. The prime vendor must provide interested VBP-certified firms with adequate information about the plans, specifications and requirements of the contract in a timely manner to assist them in responding promptly to the solicitation.

Selecting portions of the work to be performed by VBP-certified firms to increase the likelihood that the goal will be achieved. This includes, when appropriate, breaking out contract work items into economically feasible units to facilitate VBP-certified firm participation, even when the prime vendor might otherwise prefer to perform these work items with its own forces.

Making a portion of the work available to VBP-certified firms and selecting those portions of the work or material needs consistent with their availability, to facilitate VBP-certified firm participation. Availability may include considerations of how the location of the VBP-certified firm(s) would affect the performance or cost of the contract.

Negotiating in good faith with interested VBP-certified firms. Evidence of such negotiation must include the names, addresses and telephone numbers of VBP-certified firms that were considered; a description of the information provided regarding the plans and specifications for the work selected for subcontracting, and evidence as to why additional agreements could not be reached for VBP-certified firms to perform the work. A prime vendor using good business judgment may consider a number of factors in negotiating with VBP-certified firms and may take a firm's price and capabilities into consideration. The fact that there may be some additional costs involved in finding and using VBP-certified firms may not be in itself sufficient reason for a prime vendor's failure to meet the goal, as long as such costs are reasonable.

Prime vendors are not required to accept higher quotes from VBP-certified firms if the price difference is excessive or unreasonable.

Thoroughly investigating the capabilities of VBP-certified firms and not rejecting them as unqualified without documented reasons.

Making efforts to assist interested VBP-certified firms in obtaining lines of credit or insurance as required by the State.

Making efforts to assist interested VBP-certified firms in obtaining necessary equipment, supplies, materials, or related assistance or services.

6.5.0.20211215.13 Veterans Business Program (VBP) Utilization Plan