Current through Register Vol. 47, No. 6, September 18, 2024
(1)
Quarterly reports. The director of each agency or department
shall submit to the IDED quarterly reports which shall be in the format and by
the due date specified by the IDED. Each community college president and AEA
administrator shall submit their quarterly reports to the department of
education which shall forward the reports to IDED. The quarterly reports shall
include as a minimum:
a. The number of
contracts awarded to TSB's under the TSB procurement program and the names of
those contractors;
b. A description
of the general categories of contracts awarded to TSB's;
c. The dollar value of contracts awarded to
TSB's;
d. The dollar value of all
contracts awarded to TSB's during this period compared to all contracts awarded
for the period;
e. Progress made
toward attainment of their TSB goals; and
f. In the end-of-year final report (4th
quarter) an indication of whether the department or agency, community college,
or AEA met its TSB goals. If the TSB goals were not met, the report shall
indicate the reasons for not attaining the TSB goals including a description of
any barriers encountered in meeting the TSB goals.
School districts shall submit to the department of education
an annual report containing the information listed above, which shall be
forwarded to IDED.
(2)
Counting TSB participation toward
meeting the TSB goal. TSB participation shall be counted toward
meeting the TSB goal as follows:
a. Once a
firm is determined by the DIA to be a certified TSB, the total value of the
contracts awarded to the TSB is counted toward the goal.
b. A department, agency, or education
institution may count toward its goal only expenditures to TSB's that perform a
commercially useful function in the work of a contract. A TSB is considered to
perform a commercially useful function when it is responsible for execution of
a distinct element of the work of a contract and carrying out its
responsibilities by actually performing, managing, and supervising the work
involved. To determine whether a TSB is performing a commercially useful
function, the department, agency, or education institution shall evaluate the
amount of work subcontracted, normal industry practices, and other relevant
factors.
c. Consistent with normal
industry practices, a TSB may enter into subcontracts. If a TSB subcontracts a
significantly greater portion of the work of the contract than would be
expected on the basis of normal industry practices, a TSB shall be presumed not
to be performing a commercially useful function. The TSB may present evidence
to rebut this presumption to the department, agency, or education institution.
The department's, agency's, or education institution's decision on the rebuttal
of this presumption is subject to review by the IDED.
d. A department, agency, or education
institution may count toward its TSB goal expenditures for materials and
supplies obtained from TSB suppliers and manufacturers, provided that the TSB's
assume the actual and contractual responsibility for the provision of the
materials and supplies.
e. A
department, agency, or education institution may count its entire expenditure
to a TSB manufacturer (i.e., a supplier that produces goods from raw materials
or substantially alters them before resale).
f. A department, agency or education
institution may count 100 percent of its expenditures to TSB suppliers or
brokers that are not manufacturers, provided that the TSB supplier or broker
performs a commercially useful function in the supply process.