Loading...
The chief procurement officer is authorized to impose reasonable reporting requirements on participants in the MBI construction program. Such reporting requirements shall be designed and used to evaluate the effectiveness of the program. Any MBI construction program participant shall comply with the reporting requirements as required by the chief procurement officer.
(Added Coun. J. 10-5-16, p. 33574, § 1)
(a) Fraudulent misrepresentation. If the chief procurement officer determines, after notice and a hearing before the chief procurement officer, that any MSB has made fraudulent misrepresentations to the city regarding its MSB status, or has colluded with another making such fraudulent misrepresentations, the MSB shall be declared ineligible to contract or subcontract on additional contracts. Upon making a finding of ineligibility, the chief procurement officer shall determine the period of ineligibility imposed, which may include permanent or indefinite ineligibility, or ineligibility for a lesser duration. No MSB shall be disqualified for collusive misrepresentations unless all parties with which the MSB was found to have colluded with are also disqualified. The city shall regard as nonresponsive any bid submitted during such period of ineligibility which includes a disqualified entity as a contractor, subcontractor or member of a joint venture. In the event that a contractor submitting a bid is determined by DPS not to have been involved in any misrepresentation of the status of a disqualified subcontractor included in the bid, DPS may allow the contractor to discharge the disqualified subcontractor and, if possible, identify and engage a qualified subcontractor as its replacement for inclusion in the bid. The consequences provided herein shall be in addition to any other criminal or civil liability to which such entities may be subject DPS shall inform the State's Attorney of Cook County of instances of fraudulent misrepresentation and collusion.
(b) In addition to any other penalty imposed by law, any person who knowingly obtains, or knowingly assists another in obtaining, a contract with the city by falsely representing that the entity, or the entity assisted, is an MSB is guilty of a misdemeanor, punishable by incarceration in the county jail for a period not to exceed six months or a fine of not less than $5,000 and not more than $10,000, or both.
(c) Other violations. Except as otherwise provided in subsections (a) and (b), any person who violates this Article VII shall be fined not less than $1,000 nor more than $5,000 for each offense.
(Added Coun. J. 10-5-16, p. 33574, § 1)
ARTICLE VIII. VETERAN-OWNED BUSINESS ENTERPRISE PROCUREMENT PROGRAM (2-92-910 et seq.)
This article is enacted pursuant to the home rule powers of the City and supersedes any inconsistent provision of any law or regulation of the State of Illinois to the extent such inconsistency is permitted under the home rule powers of the City. This article shall not apply to any contract to the extent that it is inconsistent with procedures or standards required by any law or regulation of the United States or the State of Illinois to the extent such inconsistency is not permitted under the home rule powers of the City. In connection with any contract funded in whole or in part from state or federal sources, state or federal standards and regulations shall control to the extent this article is inconsistent with such federal or state standards.
(Added Coun. J. 6-28-17, p. 51157, § 1)
For purposes of this Article VIII, the following definitions shall apply:
"Bid incentive" means an amount deducted, for bid evaluation purposes only, from the contract base bid in order to calculate the bid price to be used to evaluate the bid on a competitively bid contract.
"Chief Procurement Officer" means the City's Chief Procurement Officer.
"Construction project" means any project to be paid for by the City, but which is not funded in whole or part by any federal or state funds, to construct, remodel or reconstruct any public works, public buildings, public structures, roadways, parkways, bridges, parking facilities or parks, or any portion of any of the same, belonging to the City within its geographical boundaries as they exist or shall exist in the future.
"Contract base bid" means the total dollar amount a contractor bids on a contract without factoring any bid incentive or percentage reductions to the bid amount.
"Contract" means any contract, purchase order, construction project, or other agreement (other than a delegate agency contract or lease of real property or collective bargaining agreement) awarded by the City and whose cost is to be paid from funds belonging to or administered by the City.
"Eligible joint venture" means an association of one or more small business enterprises in combination with one or more veteran-owned business enterprises, proposing to perform as a single for-profit business enterprise, in which each joint venture partner contributes property, capital, efforts, skill and knowledge. Joint ventures must have an agreement in writing specifying the terms and conditions of the relationship between the partners and their respective roles in the contract.
"Local business enterprise" means a business entity located within the counties of Cook, DuPage, Kane, Lake, McHenry or Will in the State of Illinois (the "Six County Region").
"Owned" means having all of the customary incidents of ownership, including the right of disposition, and sharing in all of the risks, responsibilities and profits commensurate with the degree of ownership.
"Prime contractor" means a person who is the primary contractor on a contract.
"Small business enterprise" means: (i) for a construction business enterprise, a small business enterprise, as the term is defined in Section 2-92-670; or (ii) for a non-construction business enterprise, a business enterprise which is not an established business, as the term is defined in Section 2-92-420.
"Veteran" means a person who has served in the United States armed forces and was discharged or separated under honorable conditions.
"Veteran-owned business enterprise" means an enterprise which: (1) is at least 51 percent owned by one or more veterans, or in the case of a publicly held corporation, at least 51 percent of all classes of the stock of which is owned by one or more veterans, whose management, policies, major decisions and daily business operations are independently managed and controlled by one or more veterans; and (2) has been: (i) certified by the City as a veteran-owned small local business pursuant to Section 2-92-930; (ii) certified by the County of Cook as a veteran business enterprise; (iii) certified by the State of Illinois as a qualified service- disabled veteran-owned small business or a qualified veteran-owned small business pursuant to 30 ILCS 500/45-57; or (iv) verified and approved by the United States Department of Veterans Affairs as a service- disabled veteran-owned small business or a veteran- owned small business.
"Veteran-owned small local business" means a veteran-owned business enterprise which is also a local business enterprise and a small business enterprise, and which has been certified by the City as a veteran-owned small local business pursuant to Section 2-92-930.
"Veteran-owned subcontractor" means a subcontractor that: (i) is a veteran-owned small local business; (ii) holds all appropriate City licenses; and (iii) is subject to applicable City taxes; provided that a veteran-owned subcontractor shall not include the prime contractor.
(Added Coun. J. 6-28-17, p. 51157, § 1; Amend Coun. J. 10-27-21, p. 39543, Art. III, § 2)
The Chief Procurement Officer is authorized to certify veteran-owned small local businesses. The Chief Procurement Officer shall provide a semi-annual report to the City Council Committee on Contracting Oversight and Equity regarding veteran-owned small local businesses certified by the City.
(Added Coun. J. 6-28-17, p. 51157, § 1; Amend Coun. J. 11-20-19, p. 9510, Art. II, § 8)
Loading...