MBE FBE Design Goal
EFFECTIVE MAY 9, 2013
MBE/FBE Goals of 15% on Design Contracts
Multi-Trade Construction Projects totaling $1,000,000 or more
MBE FBE 15% design goal
New Business Enterprise Act Changes – Public Act 99-0462
On August 25, 2015, Governor Rauner signed into law (SB 1334) Public Act 99-0462, which amends the Business Enterprise for Minorities, Women and Persons with Disabilities Act (“BEP Act”), effective immediately. Public Act 99-0462 amends the BEP Act regarding the use of businesses owned by minorities, women and persons with disabilities for the procurement of goods and services by State agencies, universities, and community colleges. The new law will apply to solicitations posted after August 25, 2015.
ANY BIDDER THAT FAILS TO MEET BEP OR VBP GOALS SHALL BE NOTIFIED AND AFFORDED A PERIOD NOT TO EXCEED TEN (10) CALENDAR DAYS AFTER THE BID OPENING TO CURE THAT DEFICIENCY OR SUBMIT “GOOD FAITH EFFORTS” DOCUMENTATION TO CDB. FAILURE TO CURE A DEFICIENCY OR SUBMIT “GOOD FAITH EFFORTS” WITHIN THE 10 DAY CURE PERIOD WILL RESULT IN REJECTION OF THE BID.
The key provisions are as follows:
· An aspirational goal for contracts for construction and architectural and engineering services (A/E), for not less than 20% of State contracts.
· A cure period not to exceed 10 days for A/E’s and construction contractors whose bids or proposals are otherwise responsive, but fail to meet the minority business enterprise (“MBE”) and/or woman business enterprise (“FBE”) goals.
· It shall also be the policy of the Capital Development Board (“CDB”) to apply the 10-day cure provision to goals established for CMS certified veteran owned businesses (“VBE”).
· The deficiency in the bid or proposal may only be addressed, within 10 days of bid/submittal due date by:
a. contracting with additional MBE/FBE/VBE firms,
b. granting of waiver through the CDB Good Faith Effort process.
The CDB will notify A/E’s and construction contractors whose bids or proposals are being evaluated for responsiveness and fail to meet minority, woman and veteran business goals. Those firms contacted will be given the opportunity to cure the deficiency by contracting with additional certified minority, woman and veteran owned businesses. A waiver may be granted if an A/E or construction contractor provides acceptable evidence to CDB that a good faith effort was made to find sufficient minority, woman, or veteran owned business enterprises willing and able to perform the work.
Link - Public Act 99-0462
e-mail: Office of Fair Employment Practices call: (312) 814-6290
The Capital Development Board's unit of Fair Employment Practices (FEP) oversees the MBE/FBE Participation Program, the Veterans Program and the DHR Minority/Woman/Veteran Workforce Program.
CDB encourages the utilization of minority, woman and veteran tradespersons. The Minority/Woman Workforce Program offers equal employment opportunities in accordance with the Department of Human Rights, Subpart D, Bidding and Compliance, Section 750.
CDB also actively promotes the continuing economic development of minority-/woman-/veteran- owned businesses in the construction field as participants on CDB projects. The MBE/FBE Participation Program promotes opportunities for minority and woman owned firms as stipulated by the "Business Enterprise for Minorities, Women and Persons with Disabilities Act," 30#ILCS#575, Public Act 88-597.
Veterans Program – Promotes opportunities for Veteran owned firms in accordance with 30 ILCS 500/45-57. Public Act 98-0307. Projects with a total estimate construction cost of $250,000 or greater are generally assessed goals for the utilization of VBE certified firms. Veteran firms must be certified with CMS to be eligible for this program. Prime contractors and certified MBE/FBE/VBE firms bidding as prime contractors are encouraged to use VBE certified subcontractors/suppliers.
In order to partake in CDB projects as a MBE/FBE/VBE, certification must be obtained from the Illinois Department of Central Management Services. The Capital Development Board itself does not certify MBE/FBE/VBE firms. CMS periodically offers Business Enterprise Outreach sessions (session schedule).
CMS Certify Registration
The FEP Unit assists prime contractors in locating MBE/FBE/VBE firms to achieve participation goals. The unit also provides assistance to MBE/FBE/VBE firms in participating on CDB projects.
CMS BEP Vendors Directory
FEP Compliance Technicians are frequently available at CDB's pre-bid and pre-construction meetings to aid in the clarification of the programs and procedures. They are also periodically available at the construction sites in conjunction with the FEP programs.
FEP Contractor Information Packet
CDB also offers training sessions for those firms newly prequalified or interested in learning more about CDB project procedures. A detailed session description and schedule are available.