Section 1120.4550  Contracting with Business Owned and Controlled by Minorities, Women, and Persons with Disabilities

a)         The Business Enterprise for Minorities, Women, and Persons with Disabilities Act [30 ILCS 575/0.01] (Act) sets a goal (minimum 20%) for contracting with businesses owned by minorities, women, or persons with disabilities.

b)         IOC hereby establishes a goal that at least 20% of the dollar amount of contracts be awarded to businesses owned by minorities, women, or persons with disabilities.  Of that 20%, 7% shall be for women-owned businesses, 2% for businesses owned by persons with disabilities and not-for-profit entities for the disabled, and the remaining 11% for minority-owned businesses, unless these amounts are modified by the Business Enterprise Council for Minorities, Women, and Persons with Disabilities created under Section 5 of the Act [30 ILCS 575/5].

c)         The goal established in subsection (b) may be satisfied, in whole or in part, by counting expenditures made by IOC vendors to subcontractors.

d)         The CPO may undertake the following actions to reach the goal established in subsection (b):

1)         focus solicitation upon vendors from the list of certified businesses ascertained by the Business Enterprise Council for Minorities, Women, and Persons with Disabilities;

2)         advertise in appropriate media;

3)         divide job or project requirements, when economically, technically, and programmatically feasible, into smaller tasks or quantities;

4)         eliminate extended experience or capitalization requirements when programmatically feasible;

5)         identify specific, proposed projects, purchases, or contracts as particularly appropriate for participation by businesses owned by minorities, women, or persons with disabilities; and

6)         establish set-asides in accordance with applicable law.

e)         The Act and the rules promulgated thereunder (44 Ill. Adm. Code 10) set forth the procedures for certification as a business owned by minorities, women, or persons with disabilities.

f)         The CPO shall acquire and maintain a list of businesses certified by the Business Enterprise Council for Minorities, Women, and Persons with Disabilities.  The names and addresses of certified vendors shall be made available to the public.

g)         Those categories of contracts and expenditures exempted by the Business Enterprise Council for Minorities, Women, and Persons with Disabilities as set forth in its rules (44 Ill. Adm. Code 10.22) are exempt from the contracting goal established in this Section.  In addition, the CPO may exempt specific contracts or expenditures from the goal prior to the advertisement for bids or solicitation of proposals, when the CPO has determined, based upon the best information available at the time of the determination, that there is an insufficient number of businesses owned by minorities, women, and persons with disabilities to ensure adequate competition and an expectation of reasonable prices on bids or proposals solicited for the specific contract or expenditure.  A determination of the CPO made under this subsection shall be reduced to writing and published in the Illinois Procurement Bulletin.

(Source:  Amended at 42 Ill. Reg. 6682, effective March 30, 2018)