Contract Compliance

 

The Illinois Tollway Contract Compliance Team in the department of Procurement is responsible for monitoring all compliance requirements applicable to the Tollway’s Disadvantaged Business Enterprise (DBE) Program, Business Enterprise Program (BEP), Veteran-Owned Small Business Enterprise Program (VOSB), Equal Employment Opportunity Program (EEO) and the State of Illinois Prevailing Wage requirements on Tollway awarded and administered contracts.

Compliance Systems

Compliance Forms

Government Agencies

 

 

Regulations
DBE Requirements – (49 CFR Part 26 & 23)
BEP Requirements - Business Enterprise for Minorities, Women, and Persons with Disabilities Act (30 ILCS 575/)
VOSB Requirements - Illinois Compiled Statutes 30 ILCS 500 Illinois Proc Code. Section 45-57 (30 ILCS 500/45-57)
IL Prevailing Wage Acts - (820 ILCS 130/)
EEO Requirements – Executive Order 11246 and by Title VII of the Civil Rights Act of 1964, the Illinois Department of Human Rights (IDHR) as established through the Illinois Human Rights Act (Illinois Compiled Statutes, 775 ILCS 5/1 -101, et sequitur), and State of Illinois Executive Order 15-2, Executive Order To Ensure Equal Opportunity Is Provided To All Illinois Persons And Businesses.

 

Certifications
DBE/VOSB/BEP firms utilized for credit on Tollway contracts must be currently certified by one of the following:
  • IL UCP DBE (Including IDOT, CTA, Metra, Pace and City of Chicago)
  • City of Chicago (M/WBE)
  • Cook County (M/WBE)
  • Small Business Administration {SBA 8(a)} directory for SBA 8(a)s certified by the Small Business Administration
  • State of Illinois Department of Central Management Services (BEP and VBP) Certifications

 

 

Type of Contract DBE VOSB BEP EEO IL Prevailing Wage
Professional Services Yes Yes No No No
Construction Yes Yes No Yes Yes
Goods and Services No Yes Yes No No

 

Compliance Documents

REQUIRED DBE/VOSB DOCUMENTS FOR CONSTRUCTION BID AND PROFESSIONAL SERVICES SOI submittals:

Construction

  • Form 2026: DBEs/VOSBs Utilization Plan
  • Form 2025: Letter of Intent for DBEs/VOSBs, Subcontractors, Suppliers, Consultants
  • Certification Letter
  • Form 2023: Good Faith Efforts Documentation & Waiver Request

Professional Services (Engineering and Engineering-Related)

  • DBE Utilization Plan within the SOI Team submittal
  • EXHIBIT F – State of Illinois VOSB UTILIZATION PLAN

REQUIRED BEP DOCUMENTS FOR PROPOSAL/BID/SMALL PURCHASE SUBMITTALS:

Goods and Services

  • State of Illinois Utilization Plan version 20.0

 

 

 

Document Name Completed By Details
Form 2026
DBE/VOSB Utilization Plan
Prime Contractor This form lists out all DBE/VOSB subcontractors the Prime plans to work with that will count towards their DBE/VOSB subcontracting requirements, including a self- performing Prime.
Form 2025
Letter of Intent
Each DBE/VOSB listed on the Form 2026, including a self - performing Prime Contractor This form will be submitted by each subcontractor listed on the Form 2026. If a Prime is a DBE/VOSB and its self-performing, it must submit a Form 2025. The information outlined on the Form 2025 must correspond with the Form 2026.  A valid certification letter must be attached.
Certification Letter Each DBE/VOSB listed on the Form 2026, including a self - performing Prime Contractor This letter must be submitted with every Form 2025. Evidence of certification applications are not accepted, and the certification letter cannot be expired.
Form 2023
Good Faith Efforts & Waiver Request - DBE/VOSB
Prime Contractor This form is only to be used if a vendor cannot meet their DBE/VOSB subcontracting requirements. The form must have two things outlined in the justification/request portion for the waiver request: (1) Scope of Work and (2) reason(s) the Prime cannot meet the compliance requirements outlined. Prime must exhaust all good faith efforts.
Form 2024
DBE Trucking Reporting and Verification Form

This form will be replaced by the 3rd Quarter of 2020 with B2GNow entry, prime reported payment and subcontractor confirmation.
Prime Contractor To be completed and submitted to the CM by the prime contractor at 25%, 50%, 75% of contract completion and FINAL request for final retainage.
Form 2115
ISTHA DBE Final Payment Report

This form will be replaced by the 3rd Quarter of 2020 with final waivers of liens submission.
Prime Contractor & Subcontractor This final payment verification form is to be completed by the prime and its DBE subcontractors and submitted by the prime. This form will be replaced by the by Lien Waivers and Sworn Statements which will now be required for submission with pay estimates.
Waivers of Lien/Sworn Statements

These will be required by the 3rd Quarter of 2020 on all construction projects.
Prime Contractor & Subcontractor Lien Waivers are to be completed and submitted by both the Prime and its subcontractors for each pay estimate. Lien waivers will be submitted electronically through B2Gnow and will eventually replace Form 2115. Lien waivers cannot trail for more than 60 days. 
Capture Application Request for Login/Password Form

This system will be replaced in Quarter 3, 2020 with LCPTracker system for payroll and EEO reporting.
Construction Manager & Prime Contractor This form should be used to request a Login and Password for the DBE/EEO Capture Application for contractors or subcontractors.

B2GNow Compliance

B2GNow Implementation

The Illinois Tollway has implemented B2GNow diversity compliance software for all of its contracts. This is a cloud-based software system that allows for real-time data collection, tracking and analysis of compliance data. The system is accessible from any computer or operating system, and may be used anywhere there is an internet connection. The Tollway's Contract Compliance Team utilizes B2GNow to monitor diversity participation (MBE, WBE, DBE and VOSB) on all construction, professional services and goods and services contracts.

All active Tollway vendors/contractors/consultants will be required to use B2GNow. Both diverse and non-diverse subcontractor payments must be reported and confirmed in the system. 

B2GNow Fast Facts

  • The B2GNow system is secure as access to the system is strictly controlled and monitored.
    • Users receive auto-notifications via their email accounts to log into B2GNow to review and respond to audit notices.
    • Primes and their subcontractors can communicate with each other regarding payment data entry and confirmation on Tollway contracts within B2GNow.
  • Contractors and subcontractors must not share login credentials with anyone. The principal of the prime or subcontractor will be held liable for any inacurate or fradulent payment information entered into the system regardless of who entered such reports in the system.
  • Primes and subcontractors may request to add new users to their company accounts through their assigned Contract Compliance Analyst. This request must be on the requestor's company letterhead and signed by a principal.
  • Only one company profile may be created per tax ID number. Please make sure your firm’s users are current or updated in the system when necessary to ensure the Tollway is reaching the right people in your firm – it is critical to have an accurate email address for each user.
  • Companies may access their contract records for any agency using the system with one company profile, but the Tollway can only see company records associated with the Tollway contracts.
  • B2GNow may also be used by primes to search for new subcontractors by certified by multiplevarious certification agencies, making it a great marketing tool for diverse and veteran firms.

Frequently Asked Questions

All prime and subcontractors doing business with the Tollway on contract requiring compliance monitoring are required to use B2GNow on a monthly basis. Self-performing primes who do not need to subcontract with other firms will still need to verify their payments from the Tollway in the system.
Each month, primes are responsible for confirming payments from the Tollway and entering payments they made to subcontractors into the system while subcontractors are responsible for confirming payments received from primes.
B2GNow has the ability to report/track lower tier subcontractors. Subcontractor profiles would normally transfer into B2GNow from the Tollway’s financial system if this were provided to the Tollway. If not, primes will add their first-tier subs, and subcontractors will add lower tier subs in the system.

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Key Points

  1. URL site for ILTollway:    https://iltollway.diversitysoftware.com
  2. User name is your email address on file with ILTollway
    • If you don’t know the email address, please use the Account Lookup button to see if you are in the the system.
    •  If your firm is in the system but you are not, you can click the Request New User for This Entity link.
    • If you forgot your password, please click on the Forgot Password link to reset your password.
  3. If you are unable to find your business through the Account Lookup button:
    • Email B2GNow Customer Support via the button at the top right-hand corner of the Login screen.
    • Please note that when contacting Customer Support, additional information may be requested for security purposes.
  4. Once logged into the system:
    • Please verify that your User Information is correct.
      • Check under the sidebar link Settings or the Users tab across the top of the screen
      • If information is not valid, please update
    • Please verify your Vendor Information is correct.
      • Check under the sidebar link General Biz Info or the Vendor Profile/General tab across the top of the screen
      • If information is not valid, please update
  5. Contracts in the system - verify that all contracts are in B2GNow
    • New contracts will be loaded automatically in B2GNow within 2-4 weeks after award 
    • If you notice a missing contract, please contact your representative from ILTollway
  6. Subcontractors listed on contracts
    • Subcontractors are loaded automatically in B2GNow within a few days of completed A15 Subcontractor Approval process in e-Builder
    • Please verify that the correct subcontractors are listed, both diverse and non-diverse
    • If a sub has been added in error, please request to remove them
    • If a sub is not on the contract and should be, please request to add the subcontractor to the contractor
  7. For primes:
    • As stated above, each prime with a Tollway contract has their own company profile and login to the system
    • Payment by the Tollway to the prime is automatically entered into B2GNow from the Tollway’s internal contract tracking system
    • The total of all payments submitted to the State Comptroller in the audit month for that contract/prime contractor flows into B2GNow no later than the 8th of the audit month.
    • An audit for the prime opens every month once the first payment on the contract is reported in B2GNow
    • The prime then reports payments made to ALL subcontractors/subconsultants, (non-diverse, DBE/BEP and Veteran subcontractors), in the month of the audit by the 15th of the month following the notification that the audit opened
    • EEO Form 0003 Workforce Analysis Reporting must still be submitted using the Tollway’s Capture program.  LCPTracker will replace this system at the start of Quarter 3.
  8. For subcontractors/subconsultants:
    • ALL subcontractors/subconsultants working on a Tollway contract have their own company profile and login to the B2gNow system
    • ALL subcontractors/subconsultants can see payments made to the prime by the Tollway each month via their company login
    • ALL subcontractors/subconsultants can see payments to their firm by the prime each month
    • DIVERSE and NON-DIVERSE subcontractors/subconsultants must confirm payments reported by the prime no later than the 25th of the audit month.

COMING SOON

LCPTracker: Labor Compliance Program Tracker - Certified Payroll/EEO Reporting & Monitoring System

The Tollway will soon launch the LCPtracker System, an online software that allows construction contractors to electronically submit certified payrolls to ensure they are meeting the State of Illinois Prevailing Wage and EEO compliance requirements. Weekly payroll reporting will be required of all construction prime contractors and subcontractors.

A few of the immediate benefits of the LCPtracker System include the following:

  • The system confirms rates and classifications for Contractors to review prior to submitting payroll or payroll-related documents to the Tollway.
  • All reports are available instantly to contractors in electronic formats which can be downloaded if necessary.

 

The hassle of collecting and mailing in paperwork is eliminated! Payrolls are only submitted electronically.

The LCPtracker system can be accessed here.

 

For more information on contract compliance, send us an email here.

LCPTracker System  

How do I gain access to the system? 
The Tollway will load all active contracts into the LCPtracker System. Email notifications will be sent from the system to the prime contractor. In turn, the prime contractors must provide access to each of its subcontractors and their tier-contractors.
  
When will I be required to begin entry into the system? 
Manual paper entries and EEO reporting in Capture will expire on May 31, 2020. All electronic entries will take effect on Monday, June 1, 2020.

Who will be required to enter information into the system? 
All prime contractors and subcontractors that perform on Tollway construction contracts.
  
Will back-dated information be required to be entered into LCPTracker System? 
At this time, only current information will be required, starting June 1, 2020. All manual payroll documents and EEO entries in capture and EEO 003 workforce reporting worksheet must be up to date as of May 31, 2020. Vendors will still be required to meet the EEO goal on contracts.
  
What forms and systems will be eliminated? 
Manual payroll submissions, EEO form 003 and Capture system entries will be eliminated after May 31, 2020, with the inception of the LCPTracker System on June 1, 2020.

FAQs About Changes and Requirements

Why we are changing systems
LCPTracker will replace all manual paper payroll requirements beginning June 1. This automated system will secure payroll entries and provide real-time data comparisons of prevailing wage rates to payroll data reported by contractors and subcontractors and ensure proper payment and require immediate resolution of employee underpayments.
  
How will the system work
Payroll will be uploaded electronically into the LCPTracker system. The training will take the contractors through reporting and loading information into the LCPTracker System. EEO will automatically calculate based on payroll entries.