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1 | | Commission on Equity and Inclusion's State of Illinois |
2 | | Department of Central Management Services Business Enterprise |
3 | | Program or a program with equivalent requirements. |
4 | | "Program" means the Clean Energy Primes Contractor |
5 | | Accelerator Program. |
6 | | "Returning resident" has the meaning given to that term in |
7 | | Section 5-50 of this Act. |
8 | | (b) Subject to appropriation, the Department shall |
9 | | develop, and through a Primes Program Administrator and |
10 | | Regional Primes Program Leads described in this Section, |
11 | | administer the Clean Energy Primes Contractor Accelerator |
12 | | Program. The Program shall be administered in 3 program |
13 | | delivery areas: the Northern Illinois Program Delivery Area |
14 | | covering Northern Illinois, the Central Illinois Program |
15 | | Delivery Area covering Central Illinois, and the Southern |
16 | | Illinois Program Delivery Area covering Southern Illinois. |
17 | | Prior to developing the Program, the Department shall solicit |
18 | | public comments, with a 30-day comment period, to gather input |
19 | | on Program implementation and associated community outreach |
20 | | options. |
21 | | (c) The Program shall be available to selected contractors |
22 | | who best meet the following criteria: |
23 | | (1) 2 or more years of experience in a clean energy or |
24 | | a related contracting field; |
25 | | (2) at least $5,000 in annual business; and |
26 | | (3) a substantial and demonstrated commitment of |
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1 | | investing in and partnering with individuals and |
2 | | institutions in equity investment eligible communities. |
3 | | (c-5) The Department shall develop scoring criteria to |
4 | | select contractors for the Program, which shall consider: |
5 | | (1) projected hiring and industry job creation, |
6 | | including wage and benefit expectations; |
7 | | (2) a clear vision of strategic business growth and |
8 | | how increased capitalization would benefit the business; |
9 | | (3) past project work quality and demonstration of |
10 | | technical knowledge; |
11 | | (4) capacity the applicant is anticipated to bring to |
12 | | project development; |
13 | | (5) willingness to assume risk; |
14 | | (6) anticipated revenues from future projects; |
15 | | (7) history of commitment to advancing equity as |
16 | | demonstrated by, among other things, employment of or |
17 | | ownership by equity investment eligible persons and a |
18 | | history of partnership with equity focused community |
19 | | organizations or government programs; and |
20 | | (8) business models that build wealth in the larger |
21 | | underserved community. |
22 | | Applicants for Program participation shall be allowed to |
23 | | reapply for a future cohort if they are not selected, and the |
24 | | Primes Program Administrator shall inform each applicant of |
25 | | this option. |
26 | | (d) The Department, in consultation with the Primes |
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1 | | Program Administrator and Regional Primes Program Leads, shall |
2 | | select a new cohort of participant contractors from each |
3 | | Program Delivery Area every 18 months. Each regional cohort |
4 | | shall include between 3 and 5 participants. The Program shall |
5 | | cap contractors in the energy efficiency sector at 50% of |
6 | | available cohort spots and 50% of available grants and loans, |
7 | | if possible. |
8 | | (e) The Department shall hire a Primes Program |
9 | | Administrator with experience in leading a large |
10 | | contractor-based business in Illinois; coaching and mentoring; |
11 | | the Illinois clean energy industry; and working with equity |
12 | | investment eligible community members, organizations, and |
13 | | businesses. |
14 | | (f) The Department shall select 3 Regional Primes Program |
15 | | Leads who shall report directly to the Primes Program |
16 | | Administrator. The Regional Primes Program Leads shall be |
17 | | located within their Program Delivery Area and have experience |
18 | | in leading a large contractor-based business in Illinois; |
19 | | coaching and mentoring; the Illinois clean energy industry; |
20 | | developing relationships with companies in the Program |
21 | | Delivery Area; and working with equity investment eligible |
22 | | community members, organizations, and businesses. |
23 | | (g) The Department may determine how Program elements will |
24 | | be delivered or may contract with organizations with |
25 | | experience delivering the Program elements described in |
26 | | subsection (h) of this Section. |
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1 | | (h) The Clean Energy Primes Contractor Accelerator Program |
2 | | shall provide participants with: |
3 | | (1) a 5-year, 6-month progressive course of one-on-one |
4 | | coaching to assist each participant in developing an |
5 | | achievable 5-year business plan, including review of |
6 | | monthly metrics, and advice on achieving participant's |
7 | | goals; |
8 | | (2) operational support grants not to exceed |
9 | | $1,000,000 annually to support the growth of participant |
10 | | contractors with access to capital for upfront project |
11 | | costs and pre-development funding, among others. The |
12 | | amount of the grant shall be based on anticipated project |
13 | | size and scope; |
14 | | (3) business coaching based on the participant's |
15 | | needs; |
16 | | (4) a mentorship of approximately 2 years provided by |
17 | | a qualified company in the participant's field; |
18 | | (5) access to Clean Energy Contractor Incubator |
19 | | Program services; |
20 | | (6) assistance with applying for Minority Business |
21 | | Enterprise certification and other relevant certifications |
22 | | and approved vendor status for programs offered by |
23 | | utilities or other entities; |
24 | | (7) assistance with preparing bids and Request for |
25 | | Proposal applications; |
26 | | (8) opportunities to be listed in any relevant |
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1 | | directories and databases organized by the Commission on |
2 | | Equity and Inclusion Department of Central Management |
3 | | Services ; |
4 | | (9) opportunities to connect with participants in |
5 | | other Department programs; |
6 | | (10) assistance connecting with and initiating |
7 | | participation in the Illinois Power Agency's Adjustable |
8 | | Block program, the Illinois Solar for All Program, and |
9 | | utility programs; and |
10 | | (11) financial development assistance programs such as |
11 | | zero-interest and low-interest loans with the Climate Bank |
12 | | as established by Article 850 of the Illinois Finance |
13 | | Authority Act or a comparable financing mechanism. The |
14 | | Illinois Finance Authority shall retain authority to |
15 | | determine loan repayment terms and conditions. |
16 | | (i) The Primes Program Administrator shall: |
17 | | (1) collect and report performance metrics as |
18 | | described in this Section; |
19 | | (2) review and assess: |
20 | | (i) participant work plans and annual goals; and |
21 | | (ii) the mentorship program, including approved |
22 | | mentor companies and their stipend awards; and |
23 | | (3) work with the Regional Primes Program Leads to |
24 | | publicize the Program; design and implement a mentorship |
25 | | program; and ensure participants are quickly on-boarded. |
26 | | (j) The Regional Primes Program Leads shall: |
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1 | | (1) publicize the Program; the budget shall include |
2 | | funds to pay community-based organizations with a track |
3 | | record of working with equity investment eligible |
4 | | communities to complete this work; |
5 | | (2) recruit qualified Program applicants; |
6 | | (3) assist Program applicants with the application |
7 | | process; |
8 | | (4) introduce participants to the Program offerings; |
9 | | (5) conduct entry and annual assessments with |
10 | | participants to identify training, coaching, and other |
11 | | Program service needs; |
12 | | (6) assist participants in developing goals on entry |
13 | | and annually, and assessing progress toward meeting the |
14 | | goals; |
15 | | (7) establish a metric reporting system with each |
16 | | participant and track the metrics for progress against the |
17 | | contractor's work plan and Program goals; |
18 | | (8) assist participants in receiving their Minority |
19 | | Business Enterprise certification and any other relevant |
20 | | certifications and approved vendor statuses; |
21 | | (9) match participants with Clean Energy Contractor |
22 | | Incubator Program offerings and individualized expert |
23 | | coaching, including training on working with returning |
24 | | residents and companies that employ them; |
25 | | (10) pair participants with a mentor company; |
26 | | (11) facilitate connections between participants and |
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1 | | potential subcontractors and employees; |
2 | | (12) dispense a participant's awarded operational |
3 | | grant funding; |
4 | | (13) connect participants to zero-interest and |
5 | | low-interest loans from the Climate Bank as established by |
6 | | Article 850 of the Illinois Finance Authority Act or a |
7 | | comparable financing mechanism; |
8 | | (14) encourage participants to apply for appropriate |
9 | | State and private business opportunities; |
10 | | (15) review a participant's progress and make a |
11 | | recommendation to the Department about whether the |
12 | | participant should continue in the Program, be considered |
13 | | a Program graduate, and whether adjustments should be made |
14 | | to a participant's grant funding, loans, and related |
15 | | services; |
16 | | (16) solicit information from participants, which |
17 | | participants shall be required to provide, necessary to |
18 | | understand the participant's business, including financial |
19 | | and income information, certifications that the |
20 | | participant is seeking to obtain, and ownership, employee, |
21 | | and subcontractor data, including compensation, length of |
22 | | service, and demographics; and |
23 | | (17) other duties as required. |
24 | | (k) Performance metrics. The Primes Program Administrator |
25 | | and Regional Primes Program Leads shall collaborate to collect |
26 | | and report the following metrics quarterly to the Department |
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1 | | and Advisory Council: |
2 | | (1) demographic information on cohort recruiting and |
3 | | formation, including racial, gender, geographic |
4 | | distribution data, and data on the number and percentage |
5 | | of R3 residents, environmental justice community |
6 | | residents, foster care alumni, and formerly convicted |
7 | | persons who are cohort applicants and admitted |
8 | | participants; |
9 | | (2) participant contractor engagement in other |
10 | | Illinois clean energy programs such as the Adjustable |
11 | | Block program, Illinois Solar for All Program, and the |
12 | | utility-run energy efficiency and electric vehicle |
13 | | programs; |
14 | | (3) retention of participants in each cohort; |
15 | | (4) total projects bid, started, and completed by |
16 | | participants, including information about revenue, hiring, |
17 | | and subcontractor relationships with projects; |
18 | | (5) certifications issued; |
19 | | (6) employment data for contractor hires and industry |
20 | | jobs created, including demographic, salary, length of |
21 | | service, and geographic data; |
22 | | (7) grants and loans distributed; and |
23 | | (8) participant satisfaction with the Program. |
24 | | The metrics in paragraphs (2), (4), and (6) shall be |
25 | | collected from Program participants and graduates for 10 years |
26 | | from their entrance into the Program to help the Department |
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1 | | and Program Administrators understand the Program's long-term |
2 | | effect. |
3 | | Data should be anonymized where needed to protect |
4 | | participant privacy. |
5 | | The Department shall make such reports publicly available |
6 | | on its website. |
7 | | (l) Mentorship Program. |
8 | | (1) The Regional Primes Program Leads shall recruit, |
9 | | and the Primes Program Administrator shall select, with |
10 | | approval from the Department, private companies with the |
11 | | following qualifications to mentor participants and assist |
12 | | them in succeeding in the clean energy industry: |
13 | | (i) excellent standing with state clean energy |
14 | | programs; |
15 | | (ii) 4 or more years of experience in their field; |
16 | | and |
17 | | (iii) a proven track record of success in their |
18 | | field. |
19 | | (2) Mentor companies may receive a stipend, determined |
20 | | by the Department, for their participation. Mentor |
21 | | companies may identify what level of stipend they require. |
22 | | (3) The Primes Program Administrator shall develop |
23 | | guidelines for mentor company-mentee profit sharing or |
24 | | purchased services agreements. |
25 | | (4) The Regional Primes Program Leads shall: |
26 | | (i) collaborate with mentor companies and |
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1 | | participants to create a plan for ongoing contact such |
2 | | as on-the-job training, site walkthroughs, business |
3 | | process and structure walkthroughs, quality assurance |
4 | | and quality control reviews, and other relevant |
5 | | activities; |
6 | | (ii) recommend the mentor company-mentee pairings |
7 | | and associated mentor company stipends for approval; |
8 | | (iii) conduct an annual review of each mentor |
9 | | company-mentee pairing and recommend whether the |
10 | | pairing continues for a second year and the level of |
11 | | stipend that is appropriate. The review shall also |
12 | | ensure that any profit sharing and purchased services |
13 | | agreements adhere to the guidelines established by the |
14 | | Primes Program Administrator. |
15 | | (5) Contractors may request reassignment to a new |
16 | | mentor company. |
17 | | (m) Disparity study. The Program Administrator shall |
18 | | cooperate with the Illinois Power Agency in the conduct of a |
19 | | disparity study, as described in subsection (c-15) of Section |
20 | | 1-75 of the Illinois Power Agency Act, and in the effectuation |
21 | | of appropriate remedies necessary to address any |
22 | | discrimination that such study may find. Potential remedies |
23 | | shall include, but not be limited to, race-conscious remedies |
24 | | to rapidly eliminate discrimination faced by minority |
25 | | businesses and works in the industry this Program serves, |
26 | | consistent with the law. Remedies shall be developed through |
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1 | | consultation with individuals, companies, and organizations |
2 | | that have expertise on discrimination faced in the market and |
3 | | potential legally permissible remedies for addressing it. |
4 | | Notwithstanding any other requirement of this Section, the |
5 | | Program Administrator shall modify program participation |
6 | | criteria or goals as soon as the report has been published, in |
7 | | such a way as is consistent with state and federal law, to |
8 | | rapidly eliminate discrimination on minority businesses and |
9 | | workers in the industry this Program serves by setting |
10 | | standards for Program participation. This study will be paid |
11 | | for with funds from the Energy Transition Assistance Fund or |
12 | | any other lawful source. |
13 | | (n) Program budget. |
14 | | (1) The Department may allocate up to $3,000,000 |
15 | | annually to the Primes Program Administrator for each of |
16 | | the 3 regional budgets from the Energy Transition |
17 | | Assistance Fund. |
18 | | (2) The Primes Program Administrator shall work with |
19 | | the Illinois Finance Authority and the Climate Bank as |
20 | | established by Article 850 of the Illinois Finance |
21 | | Authority Act or comparable financing institution so that |
22 | | loan loss reserves may be sufficient to underwrite |
23 | | $7,000,000 in low-interest loans in each of the 3 Program |
24 | | delivery areas. |
25 | | (3) Any grant and loan funding shall be made available |
26 | | to participants in a timely fashion. |
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1 | | (Source: P.A. 102-662, eff. 9-15-21.) |
2 | | Section 15. The Blind Vendors Act is amended by changing |
3 | | Section 10 as follows: |
4 | | (20 ILCS 2421/10) |
5 | | Sec. 10. Business Enterprise Program for the Blind. |
6 | | (a) The Business Enterprise Program for the Blind is |
7 | | created for the purposes of providing blind persons with |
8 | | remunerative employment, enlarging the economic opportunities |
9 | | of the blind, and stimulating the blind to greater efforts in |
10 | | striving to make themselves self-supporting. In order to |
11 | | achieve these goals, blind persons licensed under this Act |
12 | | shall be authorized to operate vending facilities on any |
13 | | property within this State as provided by this Act. |
14 | | It is the intent of the General Assembly that the |
15 | | Randolph-Sheppard Act, 20 U.S.C. Sections 107-107f, and the |
16 | | federal regulations for its administration set forth in Part |
17 | | 395 of Title 34 of the Code of Federal Regulations, shall serve |
18 | | as a model for minimum standards for the operation of the |
19 | | Business Enterprise Program for the Blind. The federal |
20 | | Randolph-Sheppard Act provides employment opportunities for |
21 | | individuals who are blind or visually impaired through the |
22 | | Business Enterprise Program for the Blind. Under the |
23 | | Randolph-Sheppard Act, all federal agencies are required to |
24 | | give priority to licensed blind vendors in the operation of |
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1 | | vending facilities on federal property. It is the intent of |
2 | | this Act to provide the same priority to licensed blind |
3 | | vendors on State property by requiring State agencies to give |
4 | | priority to licensed blind vendors in the operation of vending |
5 | | facilities on State property and preference to licensed blind |
6 | | vendors in the operation of cafeteria facilities on State |
7 | | property. Furthermore , it is the intent of this Act that all |
8 | | State agencies, particularly the Commission on Equity and |
9 | | Inclusion Department of Central Management Services , promote |
10 | | and advocate for the Business Enterprise Program for the |
11 | | Blind. |
12 | | (b) The Secretary, through the Director, shall continue, |
13 | | maintain, and promote the Business Enterprise Program for the |
14 | | Blind. Some or all of the functions of the program may be |
15 | | provided by the Department of Human Services. The Business |
16 | | Enterprise Program for the Blind must provide that: |
17 | | (1) priority is given to blind vendors in the |
18 | | operation of vending facilities on State property; |
19 | | (2) tie bid preference is given to blind vendors in |
20 | | the operation of cafeterias on State property, unless the |
21 | | cafeteria operations are operated by employees of a State |
22 | | agency; |
23 | | (3) vending machine income from all vending machines |
24 | | on State property is assigned as provided for by Section |
25 | | 30 of this Act; |
26 | | (4) no State agency may impose any commission, service |
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1 | | charge, rent, or utility charge on a licensed blind vendor |
2 | | who is operating a vending facility on State property |
3 | | unless approved by the Department; |
4 | | (5) the Department shall approve a commission to the |
5 | | State agency from a blind vendor operating a vending |
6 | | facility on the State property of the Department of |
7 | | Corrections or the Department of Juvenile Justice in the |
8 | | amount of 10% of the net proceeds from vending machines |
9 | | servicing State employees and 25% of the net proceeds from |
10 | | vending machines servicing visitors on the State property; |
11 | | and |
12 | | (6) vending facilities operated by the Program use |
13 | | reasonable and necessary means and methods to maintain |
14 | | fair market pricing in relation to each facility's given |
15 | | demographic, geographic, and other circumstances. |
16 | | (c) With respect to vending facilities on federal property |
17 | | within this State, priority shall be given as provided in the |
18 | | federal Randolph-Sheppard Act, 20 U.S.C. Sections 107-107f, |
19 | | including any amendments thereto. This Act, as it applies to |
20 | | federal property, is intended to conform to the federal Act, |
21 | | and is to be of no force or effect if, and to the extent that, |
22 | | any provision of this Act or any rule adopted under this Act is |
23 | | in conflict with the federal Act. Nothing in this subsection |
24 | | shall be construed to impose limitations on the operation of |
25 | | vending facilities on State property, or property other than |
26 | | federal property, or to allow only those activities |
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1 | | specifically enumerated in the Randolph-Sheppard Act. |
2 | | (d) The Secretary shall actively pursue all commissions |
3 | | from vending facilities not operated by blind vendors as |
4 | | provided in Section 30 of this Act, and shall propose new |
5 | | placements of vending facilities on State property where a |
6 | | facility is not yet in place. |
7 | | (e) Partnerships and teaming arrangements between blind |
8 | | vendors and private industry, including franchise operations, |
9 | | shall be fostered and encouraged by the Department. |
10 | | (Source: P.A. 96-644, eff. 1-1-10.) |
11 | | Section 20. The Illinois Procurement Code is amended by |
12 | | changing Section 15-25 as follows: |
13 | | (30 ILCS 500/15-25) |
14 | | Sec. 15-25. Bulletin content. |
15 | | (a) Invitations for bids. Notice of each and every |
16 | | contract that is offered, including renegotiated contracts and |
17 | | change orders, shall be published in the Bulletin. The |
18 | | applicable chief procurement officer may provide by rule an |
19 | | organized format for the publication of this information, but |
20 | | in any case it must include at least the date first offered, |
21 | | the date submission of offers is due, the location that offers |
22 | | are to be submitted to, the purchasing State agency, the |
23 | | responsible State purchasing officer, a brief purchase |
24 | | description, the method of source selection, information of |
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1 | | how to obtain a comprehensive purchase description and any |
2 | | disclosure and contract forms, and encouragement to potential |
3 | | contractors to hire qualified veterans, as defined by Section |
4 | | 45-67 of this Code, and qualified Illinois minorities, women, |
5 | | persons with disabilities, and residents discharged from any |
6 | | Illinois adult correctional center. |
7 | | (a-5) All businesses listed on the Illinois Unified |
8 | | Certification Program Disadvantaged Business Enterprise |
9 | | Directory, the Business Enterprise Program of the Commission |
10 | | on Equity and Inclusion Department of Central Management |
11 | | Services , and any small business database created pursuant to |
12 | | Section 45-45 of this Code shall be furnished written |
13 | | instructions and information on how to register for the |
14 | | Illinois Procurement Bulletin. This information shall be |
15 | | provided to each business within 30 calendar days after the |
16 | | business's notice of certification or qualification. |
17 | | (b) Contracts let. Notice of each and every contract that |
18 | | is let, including renegotiated contracts and change orders, |
19 | | shall be issued electronically to those bidders submitting |
20 | | responses to the solicitations, inclusive of the unsuccessful |
21 | | bidders, immediately upon contract let. Failure of any chief |
22 | | procurement officer to give such notice shall result in |
23 | | tolling the time for filing a bid protest up to 7 calendar |
24 | | days. |
25 | | For purposes of this subsection (b), "contracts let" means |
26 | | a construction agency's act of advertising an invitation for |
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1 | | bids for one or more construction projects. |
2 | | (b-5) Contracts awarded. Notice of each and every contract |
3 | | that is awarded, including renegotiated contracts and change |
4 | | orders, shall be issued electronically to the successful |
5 | | responsible bidder, offeror, or contractor and published in |
6 | | the Bulletin. The applicable chief procurement officer may |
7 | | provide by rule an organized format for the publication of |
8 | | this information, but in any case it must include at least all |
9 | | of the information specified in subsection (a) as well as the |
10 | | name of the successful responsible bidder, offeror, the |
11 | | contract price, the number of unsuccessful bidders or offerors |
12 | | and any other disclosure specified in any Section of this |
13 | | Code. This notice must be posted in the online electronic |
14 | | Bulletin prior to execution of the contract. |
15 | | For purposes of this subsection (b-5), "contract award" |
16 | | means the determination that a particular bidder or offeror |
17 | | has been selected from among other bidders or offerors to |
18 | | receive a contract, subject to the successful completion of |
19 | | final negotiations. "Contract award" is evidenced by the |
20 | | posting of a Notice of Award or a Notice of Intent to Award to |
21 | | the respective volume of the Illinois Procurement Bulletin. |
22 | | (c) Emergency purchase disclosure. Any chief procurement |
23 | | officer or State purchasing officer exercising emergency |
24 | | purchase authority under this Code shall publish a written |
25 | | description and reasons and the total cost, if known, or an |
26 | | estimate if unknown and the name of the responsible chief |
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1 | | procurement officer and State purchasing officer, and the |
2 | | business or person contracted with for all emergency purchases |
3 | | in the Bulletin. The notice for an emergency procurement other |
4 | | than the extension of an emergency contract must be posted in |
5 | | the online electronic Bulletin no later than 5 calendar days |
6 | | after the contract is awarded, and notice for the extension of |
7 | | an emergency contract must be posted in the online electronic |
8 | | Bulletin no later than 7 calendar days after the extension is |
9 | | executed. |
10 | | (c-5) Business Enterprise Program report. Each purchasing |
11 | | agency shall, with the assistance of the applicable chief |
12 | | procurement officer, post in the online electronic Bulletin a |
13 | | copy of its annual report of utilization of businesses owned |
14 | | by minorities, women, and persons with disabilities as |
15 | | submitted to the Business Enterprise Council for Minorities, |
16 | | Women, and Persons with Disabilities pursuant to Section 6(c) |
17 | | of the Business Enterprise for Minorities, Women, and Persons |
18 | | with Disabilities Act within 10 calendar days after its |
19 | | submission of its report to the Council. |
20 | | (c-10) Renewals. Notice of each contract renewal shall be |
21 | | posted in the Bulletin within 14 calendar days of the |
22 | | determination to execute a renewal of the contract. The notice |
23 | | shall include at least all of the information required in |
24 | | subsection (a) or (b), as applicable. |
25 | | (c-15) Sole source procurements. Before entering into a |
26 | | sole source contract, a chief procurement officer exercising |
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1 | | sole source procurement authority under this Code shall |
2 | | publish a written description of intent to enter into a sole |
3 | | source contract along with a description of the item to be |
4 | | procured and the intended sole source contractor. This notice |
5 | | must be posted in the online electronic Procurement Bulletin |
6 | | before a sole source contract is awarded and at least 14 |
7 | | calendar days before the hearing required by Section 20-25. |
8 | | (d) Other required disclosure. The applicable chief |
9 | | procurement officer shall provide by rule for the organized |
10 | | publication of all other disclosure required in other Sections |
11 | | of this Code in a timely manner. |
12 | | (e) The changes to subsections (b), (c), (c-5), (c-10), |
13 | | and (c-15) of this Section made by Public Act 96-795 apply to |
14 | | reports submitted, offers made, and notices on contracts |
15 | | executed on or after July 1, 2010 (the effective date of Public |
16 | | Act 96-795). The changes made to subsection (c) by this |
17 | | amendatory Act of the 102nd General Assembly apply only to |
18 | | emergency contract extensions executed on or after the |
19 | | effective date of this amendatory Act of the 102nd General |
20 | | Assembly. |
21 | | (f) Each chief procurement officer shall, in consultation |
22 | | with the agencies under his or her jurisdiction, provide the |
23 | | Procurement Policy Board with the information and resources |
24 | | necessary, and in a manner, to effectuate the purpose of |
25 | | Public Act 96-1444. |
26 | | (Source: P.A. 102-1119, eff. 1-23-23.) |
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1 | | Section 25. The Commission on Equity and Inclusion Act is |
2 | | amended by adding Sections 40-15 and 40-20 as follows: |
3 | | (30 ILCS 574/40-15 new) |
4 | | Sec. 40-15. Higher education supplier diversity report. |
5 | | (a) Every private institution of higher education approved |
6 | | by the Illinois Student Assistance Commission for purposes of |
7 | | the Monetary Award Program shall submit an annual 2-page |
8 | | report in a searchable Adobe PDF format on its voluntary |
9 | | supplier diversity program to the Commission on or before |
10 | | November 15 of each year. The report shall set forth all of the |
11 | | following: |
12 | | (1) The name, address, phone number, and email address |
13 | | of the point of contact for the supplier diversity |
14 | | program, or the institution's procurement program if there |
15 | | is no supplier diversity program, for vendors to register |
16 | | with the program. |
17 | | (2) Local and State certifications the institution |
18 | | accepts or recognizes for minority-owned, women-owned, or |
19 | | veteran-owned business status. |
20 | | (3) On the second page, a narrative explaining the |
21 | | results of the report and the tactics to be employed to |
22 | | achieve the goals. |
23 | | (4) The voluntary goals, if any, for either the fiscal |
24 | | year or calendar year in each category for the entire |
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1 | | budget of the institution, expending both public and |
2 | | private moneys, including any fee-supported entities, and |
3 | | the commodity codes or a description of particular goods |
4 | | and services for the area of procurement in which the |
5 | | institution expects most of those goals to focus on in the |
6 | | next reporting year. The actual spending for the entire |
7 | | budget of the institution, expending both public and |
8 | | private moneys, including any fee-supported entities, for |
9 | | minority-owned business enterprises, women-owned business |
10 | | enterprises, and veteran-owned business enterprises, |
11 | | expressed both in actual dollars and as a percentage of |
12 | | the total budget of the institution, must be included for |
13 | | each reporting year. |
14 | | (b) For each report submitted under subsection (a), the |
15 | | Commission shall publish the results on its website for no |
16 | | less than 5 years after submission. The Commission is not |
17 | | responsible for collecting the reports or for the content of |
18 | | the reports. |
19 | | (c) The Commission shall hold an annual higher education |
20 | | supplier diversity workshop every February to discuss the |
21 | | reports with representatives of the institutions of higher |
22 | | education and vendors. |
23 | | (d) The Commission shall prepare a one-page template, not |
24 | | including the narrative section, for the voluntary supplier |
25 | | diversity reports. |
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1 | | (30 ILCS 574/40-20 new) |
2 | | Sec. 40-20. Race and gender wage reports. |
3 | | (a) Each State agency and public institution of higher |
4 | | education shall annually submit to the Commission a report, |
5 | | categorized by both race and gender, specifying the respective |
6 | | wage earnings of employees of that State agency or public |
7 | | institution of higher education. |
8 | | (b) The Commission shall compile the information submitted |
9 | | under this Section and make that information available to the |
10 | | public on the website of the Commission. |
11 | | (c) The Commission shall annually submit a report of the |
12 | | information compiled under this Section to the Governor and |
13 | | the General Assembly. |
14 | | (d) As used in this Section: |
15 | | "Public institution of higher education" has the meaning |
16 | | provided in Section 1 of the Board of Higher Education Act. |
17 | | "State agency" means all departments, officers, |
18 | | commissions, boards, institutions, and bodies politic and |
19 | | corporate of the State. "State agency" does not include the |
20 | | judicial branch, including, without limitation, the courts of |
21 | | the State, the office of the clerk of the Supreme Court and the |
22 | | clerks of the appellate court, and the Administrative Office |
23 | | of the Illinois Courts, or the legislature, its agencies, or |
24 | | its committees or commissions. |
25 | | Section 30. The Business Enterprise for Minorities, Women, |
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1 | | and Persons with Disabilities Act is amended by changing |
2 | | Sections 4, 6a, 8c, 8g, 8j, and 9 as follows: |
3 | | (30 ILCS 575/4) (from Ch. 127, par. 132.604) |
4 | | (Section scheduled to be repealed on June 30, 2029) |
5 | | Sec. 4. Award of State contracts. |
6 | | (a) Except as provided in subsection (b), not less than |
7 | | 30% of the total dollar amount of State contracts, as defined |
8 | | by the Secretary of the Council and approved by the Council, |
9 | | shall be established as an aspirational goal to be awarded to |
10 | | businesses owned by minorities, women, and persons with |
11 | | disabilities; provided, however, that of the total amount of |
12 | | all State contracts awarded to businesses owned by minorities, |
13 | | women, and persons with disabilities pursuant to this Section, |
14 | | contracts representing at least 16% shall be awarded to |
15 | | businesses owned by minorities, contracts representing at |
16 | | least 10% shall be awarded to women-owned businesses, and |
17 | | contracts representing at least 4% shall be awarded to |
18 | | businesses owned by persons with disabilities. |
19 | | (a-5) In addition to the aspirational goals in awarding |
20 | | State contracts set under subsection (a), the Commission shall |
21 | | by rule further establish targeted efforts to encourage the |
22 | | participation of businesses owned by minorities, women, and |
23 | | persons with disabilities on State contracts. Such efforts |
24 | | shall include, but not be limited to, further concerted |
25 | | outreach efforts to businesses owned by minorities, women, and |
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1 | | persons with disabilities. |
2 | | The above percentage relates to the total dollar amount of |
3 | | State contracts during each State fiscal year, calculated by |
4 | | examining independently each type of contract for each agency |
5 | | or public institutions of higher education which lets such |
6 | | contracts. Only that percentage of arrangements which |
7 | | represents the participation of businesses owned by |
8 | | minorities, women, and persons with disabilities on such |
9 | | contracts shall be included. State contracts subject to the |
10 | | requirements of this Act shall include the requirement that |
11 | | only expenditures to businesses owned by minorities, women, |
12 | | and persons with disabilities that perform a commercially |
13 | | useful function may be counted toward the goals set forth by |
14 | | this Act. Contracts shall include a definition of |
15 | | "commercially useful function" that is consistent with 49 CFR |
16 | | 26.55(c). |
17 | | (b) Not less than 20% of the total dollar amount of State |
18 | | construction contracts is established as an aspirational goal |
19 | | to be awarded to businesses owned by minorities, women, and |
20 | | persons with disabilities; provided that, contracts |
21 | | representing at least 11% of the total dollar amount of State |
22 | | construction contracts shall be awarded to businesses owned by |
23 | | minorities; contracts representing at least 7% of the total |
24 | | dollar amount of State construction contracts shall be awarded |
25 | | to women-owned businesses; and contracts representing at least |
26 | | 2% of the total dollar amount of State construction contracts |
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1 | | shall be awarded to businesses owned by persons with |
2 | | disabilities. |
3 | | (c) (Blank). |
4 | | (c-5) All goals established under this Section shall be |
5 | | contingent upon the results of the most recent disparity study |
6 | | conducted by the State. |
7 | | (d) Within one year after April 28, 2009 (the effective |
8 | | date of Public Act 96-8), the Department of Central Management |
9 | | Services shall conduct a social scientific study that measures |
10 | | the impact of discrimination on minority and women business |
11 | | development in Illinois. Within 18 months after April 28, 2009 |
12 | | (the effective date of Public Act 96-8), the Department shall |
13 | | issue a report of its findings and any recommendations on |
14 | | whether to adjust the goals for minority and women |
15 | | participation established in this Act. Copies of this report |
16 | | and the social scientific study shall be filed with the |
17 | | Governor and the General Assembly. By December 31, 2028 |
18 | | December 1, 2020 , the Commission on Equity and Inclusion |
19 | | Department of Central Management Services shall conduct a new |
20 | | social scientific study that measures the impact of |
21 | | discrimination on minority and women business development in |
22 | | Illinois. By June 30, 2029 June 1, 2022 , the Commission |
23 | | Department shall issue a report of its findings and any |
24 | | recommendations on whether to adjust the goals for minority |
25 | | and women participation established in this Act. Copies of |
26 | | this report and the social scientific study shall be filed |
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1 | | with the Governor and the General Assembly. By December 31, |
2 | | 2029 December 1, 2022 , the Commission on Equity and Inclusion |
3 | | Business Enterprise Program shall develop a model for social |
4 | | scientific disparity study sourcing for local governmental |
5 | | units to adapt and implement to address regional disparities |
6 | | in public procurement. |
7 | | (e) All State contract solicitations that include Business |
8 | | Enterprise Program participation goals shall require bidders |
9 | | or offerors to include utilization plans. Utilization plans |
10 | | are due at the time of bid or offer submission. Failure to |
11 | | complete and include a utilization plan, including |
12 | | documentation demonstrating good faith efforts when requesting |
13 | | a waiver, shall render the bid or offer non-responsive. |
14 | | Except as permitted under this Act or as otherwise |
15 | | mandated by federal regulation, a bidder or offeror whose bid |
16 | | or offer is accepted and who included in that bid a completed |
17 | | utilization plan but who fails to meet the goals set forth in |
18 | | the plan shall be notified of the deficiency by the |
19 | | contracting agency or public institution of higher education |
20 | | and shall be given a period of 10 calendar days to cure the |
21 | | deficiency by contracting with additional subcontractors who |
22 | | are certified by the Business Enterprise Program or by |
23 | | increasing the work to be performed by previously identified |
24 | | vendors certified by the Business Enterprise Program. |
25 | | Deficiencies that may be cured include: (i) scrivener's |
26 | | errors, such as transposed numbers; (ii) information submitted |
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1 | | in an incorrect form or format; (iii) mistakes resulting from |
2 | | failure to follow instructions or to identify and adequately |
3 | | document good faith efforts taken to comply with the |
4 | | utilization plan; or (iv) a proposal to use a firm whose |
5 | | Business Enterprise Program certification has lapsed or is not |
6 | | yet recognized. Cure is not authorized if the bidder or |
7 | | offeror submits a blank utilization plan, a utilization plan |
8 | | that shows lack of reasonable effort to complete the form on |
9 | | time, or a utilization plan that states the contract will be |
10 | | self-performed, by a non-certified vendor, without showing |
11 | | good faith efforts or a request for a waiver. All cure activity |
12 | | shall address the deficiencies identified by the purchasing |
13 | | agency and shall require clear documentation, including that |
14 | | of good faith efforts, to address those deficiencies. Any |
15 | | increase in cost to a contract for the addition of a |
16 | | subcontractor to cure a bid's deficiency shall not affect the |
17 | | bid price and shall not be used in the request for an exemption |
18 | | under this Act, and, in no case, shall an identified |
19 | | subcontractor with a Business Enterprise Program certification |
20 | | made under this Act be terminated from a contract without the |
21 | | written consent of the State agency or public institution of |
22 | | higher education entering into the contract. The purchasing |
23 | | agency or public institution of higher education shall make |
24 | | the determination whether the cure is adequate. |
25 | | Vendors certified with the Business Enterprise Program at |
26 | | the time and date submittals are due and who do not submit a |
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1 | | utilization plan or have utilization plan deficiencies shall |
2 | | have 10 business days to submit a utilization plan or to |
3 | | correct the utilization plan deficiencies. |
4 | | (f) (Blank). |
5 | | (g) (Blank). |
6 | | (h) State agencies and public institutions of higher |
7 | | education shall notify the Commission on Equity and Inclusion |
8 | | of all non-responsive bids or proposals for State contracts. |
9 | | (Source: P.A. 101-170, eff. 1-1-20; 101-601, eff. 1-1-20; |
10 | | 101-657, Article 1, Section 1-5, eff. 1-1-22; 101-657, Article |
11 | | 40, Section 40-130, eff. 1-1-22; 102-29, eff. 6-25-21; |
12 | | 102-558, eff. 8-20-21; 102-1119, eff. 1-23-23 .) |
13 | | (30 ILCS 575/6a) (from Ch. 127, par. 132.606a) |
14 | | (Section scheduled to be repealed on June 30, 2029) |
15 | | Sec. 6a. Notice of contracts to Council. Except in case of |
16 | | emergency as defined in the Illinois Procurement Code, or as |
17 | | authorized by rule promulgated by the Commission on Equity and |
18 | | Inclusion Department of Central Management Services , each |
19 | | agency and public institution of higher education under the |
20 | | jurisdiction of this Act shall notify the Secretary of the |
21 | | Council of proposed contracts for professional and artistic |
22 | | services and provide the information in the form and detail as |
23 | | required by rule promulgated by the Commission on Equity and |
24 | | Inclusion Department of Central Management Services . |
25 | | Notification may be made through direct written communication |
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1 | | to the Secretary to be received at least 14 days before |
2 | | execution of the contract (or the solicitation response date, |
3 | | if applicable). The agency or public institution of higher |
4 | | education must consider any vendor referred by the Secretary |
5 | | before execution of the contract. The provisions of this |
6 | | Section shall not apply to any State agency or public |
7 | | institution of higher education that has awarded contracts for |
8 | | professional and artistic services to businesses owned by |
9 | | minorities, women, and persons with disabilities totaling in |
10 | | the aggregate $40,000,000 or more during the preceding fiscal |
11 | | year. |
12 | | (Source: P.A. 99-462, eff. 8-25-15; 100-391, eff. 8-25-17 .) |
13 | | (30 ILCS 575/8c) (from Ch. 127, par. 132.608c) |
14 | | (Section scheduled to be repealed on June 30, 2029) |
15 | | Sec. 8c. Recommended rules and regulations for the |
16 | | establishment and continuation of narrowly tailored sheltered |
17 | | markets under Section 8b shall be approved by the Council |
18 | | prior to submission by the Commission on Equity and Inclusion |
19 | | Department of Central Management Services to the Joint |
20 | | Committee on Administrative Rules. These rules shall include |
21 | | but not be limited to agency goals, waivers and procedures for |
22 | | use of sheltered markets. |
23 | | (Source: P.A. 86-269; 86-270 .) |
24 | | (30 ILCS 575/8g) |
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1 | | (Section scheduled to be repealed on June 30, 2029) |
2 | | Sec. 8g. Business Enterprise Program Council reports. |
3 | | (a) The Commission on Equity and Inclusion Department of |
4 | | Central Management Services shall provide a report to the |
5 | | Council identifying all State agency non-construction |
6 | | solicitations that exceed $20,000,000 and that have less than |
7 | | a 20% established goal prior to publication. |
8 | | (b) The Commission on Equity and Inclusion Department of |
9 | | Central Management Services shall provide a report to the |
10 | | Council identifying all State agency non-construction awards |
11 | | that exceed $20,000,000. The report shall contain the |
12 | | following: (i) the name of the awardee; (ii) the total bid |
13 | | amount; (iii) the established Business Enterprise Program |
14 | | goal; (iv) the dollar amount and percentage of participation |
15 | | by businesses owned by minorities, women, and persons with |
16 | | disabilities; and (v) the names of the certified firms |
17 | | identified in the utilization plan. |
18 | | (Source: P.A. 100-391, eff. 8-25-17; 100-863, eff. 8-14-18 .) |
19 | | (30 ILCS 575/8j) |
20 | | (Section scheduled to be repealed on June 30, 2029) |
21 | | Sec. 8j. Special Committee on Minority, Female, Persons |
22 | | with Disabilities, and Veterans Contracting. |
23 | | (a) There is created a Special Committee on Minority, |
24 | | Female, Persons with Disabilities, and Veterans Contracting |
25 | | under the Council. The Special Committee shall review |
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1 | | Illinois' procurement laws regarding contracting with |
2 | | minority-owned businesses, women-owned businesses, businesses |
3 | | owned by persons with disabilities, and veteran-owned |
4 | | businesses to determine what changes should be made to |
5 | | increase participation of these businesses in State |
6 | | procurements. |
7 | | (b) The Special Committee shall consist of the following |
8 | | members: |
9 | | (1) 3 persons each to be appointed by the Speaker of |
10 | | the House of Representatives, the Minority Leader of the |
11 | | House of Representatives, the President of the Senate, and |
12 | | the Minority Leader of the Senate; only one Special |
13 | | Committee member of each appointee under this paragraph |
14 | | may be a current member of the General Assembly; |
15 | | (2) the Executive Director of the Commission on Equity |
16 | | and Inclusion or the Executive Director's designee |
17 | | Director of Central Management Services, or his or her |
18 | | designee ; |
19 | | (3) the chairperson of the Council, or his or her |
20 | | designee; and |
21 | | (4) each chief procurement officer. |
22 | | (c) The Special Committee shall conduct at least 3 |
23 | | hearings, with at least one hearing in Springfield and one in |
24 | | Chicago. Each hearing shall be open to the public and notice of |
25 | | the hearings shall be posted on the websites of the |
26 | | Procurement Policy Board, the Commission on Equity and |
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1 | | Inclusion Department of Central Management Services , and the |
2 | | General Assembly at least 6 days prior to the hearing. |
3 | | (Source: P.A. 100-43, eff. 8-9-17; 100-863, eff. 8-14-18 .) |
4 | | (30 ILCS 575/9) (from Ch. 127, par. 132.609) |
5 | | (Section scheduled to be repealed on June 30, 2029) |
6 | | Sec. 9. Repeal. This Act is repealed June 30, 2030 2029 . |
7 | | (Source: P.A. 103-563, eff. 11-17-23.) |
8 | | Section 99. Effective date. This Act takes effect upon |
9 | | becoming law. |
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| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 20 ILCS 405/405-530 rep. | | | 4 | | 20 ILCS 405/405-535 rep. | | | 5 | | 20 ILCS 730/5-55 | | | 6 | | 20 ILCS 2421/10 | | | 7 | | 30 ILCS 500/15-25 | | | 8 | | 30 ILCS 574/40-15 new | | | 9 | | 30 ILCS 574/40-20 new | | | 10 | | 30 ILCS 575/4 | from Ch. 127, par. 132.604 | | 11 | | 30 ILCS 575/6a | from Ch. 127, par. 132.606a | | 12 | | 30 ILCS 575/8c | from Ch. 127, par. 132.608c | | 13 | | 30 ILCS 575/8g | | | 14 | | 30 ILCS 575/8j | | | 15 | | 30 ILCS 575/9 | from Ch. 127, par. 132.609 |
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