Illinois General Assembly - Full Text of HB2629
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Full Text of HB2629  102nd General Assembly

HB2629 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB2629

 

Introduced 2/19/2021, by Rep. William Davis

 

SYNOPSIS AS INTRODUCED:
 
30 ILCS 575/2
30 ILCS 575/4  from Ch. 127, par. 132.604
30 ILCS 575/7  from Ch. 127, par. 132.607
30 ILCS 575/8  from Ch. 127, par. 132.608
30 ILCS 575/8f

    Amends the Business Enterprise for Minorities, Women, and Persons with Disabilities Act. Provides that not less than 40% of the total dollar amount of State contracts shall be established as an aspirational goal to be awarded to businesses owned by minorities. Provides that of the total amount of all State contracts awarded to businesses owned by minorities, contracts representing at least 20% shall be awarded to businesses owned by black or African American persons. Removes provisions allowing for a waiver from contract goals established under the Act. Requires the return of specified funds for failing to accomplish contract goals established under the Act. Makes conforming changes.


LRB102 12939 RJF 18282 b

 

 

A BILL FOR

 

HB2629LRB102 12939 RJF 18282 b

1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Business Enterprise for Minorities, Women,
5and Persons with Disabilities Act is amended by changing
6Sections 2, 4, 7, 8, and 8f as follows:
 
7    (30 ILCS 575/2)
8    (Section scheduled to be repealed on June 30, 2024)
9    Sec. 2. Definitions.
10    (A) For the purpose of this Act, the following terms shall
11have the following definitions:
12        (1) "Minority person" shall mean a person who is a
13    citizen or lawful permanent resident of the United States
14    and who is any of the following:
15            (a) American Indian or Alaska Native (a person
16        having origins in any of the original peoples of North
17        and South America, including Central America, and who
18        maintains tribal affiliation or community attachment).
19            (b) Asian (a person having origins in any of the
20        original peoples of the Far East, Southeast Asia, or
21        the Indian subcontinent, including, but not limited
22        to, Cambodia, China, India, Japan, Korea, Malaysia,
23        Pakistan, the Philippine Islands, Thailand, and

 

 

HB2629- 2 -LRB102 12939 RJF 18282 b

1        Vietnam).
2            (c) Black or African American (a person having
3        origins in any of the black racial groups of Africa).
4            (d) Hispanic or Latino (a person of Cuban,
5        Mexican, Puerto Rican, South or Central American, or
6        other Spanish culture or origin, regardless of race).
7            (e) Native Hawaiian or Other Pacific Islander (a
8        person having origins in any of the original peoples
9        of Hawaii, Guam, Samoa, or other Pacific Islands).
10        (2) "Woman" shall mean a person who is a citizen or
11    lawful permanent resident of the United States and who is
12    of the female gender.
13        (2.05) "Person with a disability" means a person who
14    is a citizen or lawful resident of the United States and is
15    a person qualifying as a person with a disability under
16    subdivision (2.1) of this subsection (A).
17        (2.1) "Person with a disability" means a person with a
18    severe physical or mental disability that:
19            (a) results from:
20            amputation,
21            arthritis,
22            autism,
23            blindness,
24            burn injury,
25            cancer,
26            cerebral palsy,

 

 

HB2629- 3 -LRB102 12939 RJF 18282 b

1            Crohn's disease,
2            cystic fibrosis,
3            deafness,
4            head injury,
5            heart disease,
6            hemiplegia,
7            hemophilia,
8            respiratory or pulmonary dysfunction,
9            an intellectual disability,
10            mental illness,
11            multiple sclerosis,
12            muscular dystrophy,
13            musculoskeletal disorders,
14            neurological disorders, including stroke and
15        epilepsy,
16            paraplegia,
17            quadriplegia and other spinal cord conditions,
18            sickle cell anemia,
19            ulcerative colitis,
20            specific learning disabilities, or
21            end stage renal failure disease; and
22            (b) substantially limits one or more of the
23        person's major life activities.
24        Another disability or combination of disabilities may
25    also be considered as a severe disability for the purposes
26    of item (a) of this subdivision (2.1) if it is determined

 

 

HB2629- 4 -LRB102 12939 RJF 18282 b

1    by an evaluation of rehabilitation potential to cause a
2    comparable degree of substantial functional limitation
3    similar to the specific list of disabilities listed in
4    item (a) of this subdivision (2.1).
5        (3) "Minority-owned business" means a business which
6    is at least 51% owned by one or more minority persons, or
7    in the case of a corporation, at least 51% of the stock in
8    which is owned by one or more minority persons; and the
9    management and daily business operations of which are
10    controlled by one or more of the minority individuals who
11    own it.
12        (4) "Women-owned business" means a business which is
13    at least 51% owned by one or more women, or, in the case of
14    a corporation, at least 51% of the stock in which is owned
15    by one or more women; and the management and daily
16    business operations of which are controlled by one or more
17    of the women who own it.
18        (4.1) "Business owned by a person with a disability"
19    means a business that is at least 51% owned by one or more
20    persons with a disability and the management and daily
21    business operations of which are controlled by one or more
22    of the persons with disabilities who own it. A
23    not-for-profit agency for persons with disabilities that
24    is exempt from taxation under Section 501 of the Internal
25    Revenue Code of 1986 is also considered a "business owned
26    by a person with a disability".

 

 

HB2629- 5 -LRB102 12939 RJF 18282 b

1        (4.2) "Council" means the Business Enterprise Council
2    for Minorities, Women, and Persons with Disabilities
3    created under Section 5 of this Act.
4        (5) "State contracts" means all contracts entered into
5    by the State, any agency or department thereof, or any
6    public institution of higher education, including
7    community college districts, regardless of the source of
8    the funds with which the contracts are paid, which are not
9    subject to federal reimbursement. "State contracts" does
10    not include contracts awarded by a retirement system,
11    pension fund, or investment board subject to Section
12    1-109.1 of the Illinois Pension Code. This definition
13    shall control over any existing definition under this Act
14    or applicable administrative rule.
15        "State construction contracts" means all State
16    contracts entered into by a State agency or public
17    institution of higher education for the repair,
18    remodeling, renovation or construction of a building or
19    structure, or for the construction or maintenance of a
20    highway defined in Article 2 of the Illinois Highway Code.
21        (6) "State agencies" shall mean all departments,
22    officers, boards, commissions, institutions and bodies
23    politic and corporate of the State, but does not include
24    the Board of Trustees of the University of Illinois, the
25    Board of Trustees of Southern Illinois University, the
26    Board of Trustees of Chicago State University, the Board

 

 

HB2629- 6 -LRB102 12939 RJF 18282 b

1    of Trustees of Eastern Illinois University, the Board of
2    Trustees of Governors State University, the Board of
3    Trustees of Illinois State University, the Board of
4    Trustees of Northeastern Illinois University, the Board of
5    Trustees of Northern Illinois University, the Board of
6    Trustees of Western Illinois University, municipalities or
7    other local governmental units, or other State
8    constitutional officers.
9        (7) "Public institutions of higher education" means
10    the University of Illinois, Southern Illinois University,
11    Chicago State University, Eastern Illinois University,
12    Governors State University, Illinois State University,
13    Northeastern Illinois University, Northern Illinois
14    University, Western Illinois University, the public
15    community colleges of the State, and any other public
16    universities, colleges, and community colleges now or
17    hereafter established or authorized by the General
18    Assembly.
19        (8) "Certification" means a determination made by the
20    Council or by one delegated authority from the Council to
21    make certifications, or by a State agency with statutory
22    authority to make such a certification, that a business
23    entity is a business owned by a minority, woman, or person
24    with a disability for whatever purpose. A business owned
25    and controlled by women shall be certified as a
26    "woman-owned business". A business owned and controlled by

 

 

HB2629- 7 -LRB102 12939 RJF 18282 b

1    women who are also minorities shall be certified as both a
2    "women-owned business" and a "minority-owned business".
3        (9) "Control" means the exclusive or ultimate and sole
4    control of the business including, but not limited to,
5    capital investment and all other financial matters,
6    property, acquisitions, contract negotiations, legal
7    matters, officer-director-employee selection and
8    comprehensive hiring, operating responsibilities,
9    cost-control matters, income and dividend matters,
10    financial transactions and rights of other shareholders or
11    joint partners. Control shall be real, substantial and
12    continuing, not pro forma. Control shall include the power
13    to direct or cause the direction of the management and
14    policies of the business and to make the day-to-day as
15    well as major decisions in matters of policy, management
16    and operations. Control shall be exemplified by possessing
17    the requisite knowledge and expertise to run the
18    particular business and control shall not include simple
19    majority or absentee ownership.
20        (10) "Business" means a business that has annual gross
21    sales of less than $75,000,000 as evidenced by the federal
22    income tax return of the business. A firm with gross sales
23    in excess of this cap may apply to the Council for
24    certification for a particular contract if the firm can
25    demonstrate that the contract would have significant
26    impact on businesses owned by minorities, women, or

 

 

HB2629- 8 -LRB102 12939 RJF 18282 b

1    persons with disabilities as suppliers or subcontractors
2    or in employment of minorities, women, or persons with
3    disabilities.
4        (11) "Utilization plan" means a form and additional
5    documentations included in all bids or proposals that
6    demonstrates a vendor's proposed utilization of vendors
7    certified by the Business Enterprise Program to meet the
8    targeted goal. The utilization plan shall demonstrate that
9    the Vendor has either: (1) met the entire contract goal or
10    (2) requested a full or partial waiver and made good faith
11    efforts towards meeting the goal.
12        (12) "Business Enterprise Program" means the Business
13    Enterprise Program of the Department of Central Management
14    Services.
15    (B) When a business is owned at least 51% by any
16combination of minority persons, women, or persons with
17disabilities, even though none of the 3 classes alone holds at
18least a 51% interest, the ownership requirement for purposes
19of this Act is considered to be met. The certification
20category for the business is that of the class holding the
21largest ownership interest in the business. If 2 or more
22classes have equal ownership interests, the certification
23category shall be determined by the business.
24(Source: P.A. 100-391, eff. 8-25-17; 101-601, eff. 1-1-20.)
 
25    (30 ILCS 575/4)  (from Ch. 127, par. 132.604)

 

 

HB2629- 9 -LRB102 12939 RJF 18282 b

1    (Section scheduled to be repealed on June 30, 2024)
2    Sec. 4. Award of State contracts.
3    (a) Except as provided in subsection (b), not less than
420% of the total dollar amount of State contracts, as defined
5by the Secretary of the Council and approved by the Council,
6shall be established as an aspirational goal to be awarded to
7businesses owned by minorities, women, and persons with
8disabilities; provided, however, that of the total amount of
9all State contracts awarded to businesses owned by minorities,
10women, and persons with disabilities pursuant to this Section,
11contracts representing at least 11% shall be awarded to
12businesses owned by minorities, contracts representing at
13least 10% 7% shall be awarded to women-owned businesses, and
14contracts representing at least 10% 2% shall be awarded to
15businesses owned by persons with disabilities.
16    Additionally, not less than 40% of the total dollar amount
17of State contracts shall be established as an aspirational
18goal to be awarded to businesses owned by minorities;
19provided, however, that of the total amount of all State
20contracts awarded to businesses owned by minorities, contracts
21representing at least 20% shall be awarded to businesses owned
22by black or African American persons.
23    The above percentage relates to the total dollar amount of
24State contracts during each State fiscal year, calculated by
25examining independently each type of contract for each agency
26or public institutions of higher education which lets such

 

 

HB2629- 10 -LRB102 12939 RJF 18282 b

1contracts. Only that percentage of arrangements which
2represents the participation of businesses owned by
3minorities, women, and persons with disabilities on such
4contracts shall be included. State contracts subject to the
5requirements of this Act shall include the requirement that
6only expenditures to businesses owned by minorities, women,
7and persons with disabilities that perform a commercially
8useful function may be counted toward the goals set forth by
9this Act. Contracts shall include a definition of
10"commercially useful function" that is consistent with 49 CFR
1126.55(c).
12    (b) Not less than 20% of the total dollar amount of State
13construction contracts is established as an aspirational goal
14to be awarded to businesses owned by minorities, women, and
15persons with disabilities; provided that, contracts
16representing at least 11% of the total dollar amount of State
17construction contracts shall be awarded to businesses owned by
18minorities; contracts representing at least 7% of the total
19dollar amount of State construction contracts shall be awarded
20to women-owned businesses; and contracts representing at least
212% of the total dollar amount of State construction contracts
22shall be awarded to businesses owned by persons with
23disabilities.
24    (c) (Blank).
25    (d) Within one year after April 28, 2009 (the effective
26date of Public Act 96-8), the Department of Central Management

 

 

HB2629- 11 -LRB102 12939 RJF 18282 b

1Services shall conduct a social scientific study that measures
2the impact of discrimination on minority and women business
3development in Illinois. Within 18 months after April 28, 2009
4(the effective date of Public Act 96-8), the Department shall
5issue a report of its findings and any recommendations on
6whether to adjust the goals for minority and women
7participation established in this Act. Copies of this report
8and the social scientific study shall be filed with the
9Governor and the General Assembly.
10    By December 1, 2020, the Department of Central Management
11Services shall conduct a new social scientific study that
12measures the impact of discrimination on minority and women
13business development in Illinois. By June 1, 2022, the
14Department shall issue a report of its findings and any
15recommendations on whether to adjust the goals for minority
16and women participation established in this Act. Copies of
17this report and the social scientific study shall be filed
18with the Governor, the Advisory Board, and the General
19Assembly. By December 1, 2022, the Department of Central
20Management Services Business Enterprise Program shall develop
21a model for social scientific disparity study sourcing for
22local governmental units to adapt and implement to address
23regional disparities in public procurement.
24    (e) Except as permitted under this Act or as otherwise
25mandated by federal law or regulation, those who submit bids
26or proposals for State contracts subject to the provisions of

 

 

HB2629- 12 -LRB102 12939 RJF 18282 b

1this Act, whose bids or proposals are successful and include a
2utilization plan but that fail to meet the goals set forth in
3subsection (b) of this Section, shall be notified of that
4deficiency and shall be afforded a period not to exceed 10
5calendar days from the date of notification to cure that
6deficiency in the bid or proposal. The deficiency in the bid or
7proposal may only be cured by contracting with additional
8subcontractors who are owned by minorities or women. Any
9increase in cost to a contract for the addition of a
10subcontractor to cure a bid's deficiency shall not affect the
11bid price, shall not be used in the request for an exemption in
12this Act, and in no case shall an identified subcontractor
13with a certification made pursuant to this Act be terminated
14from the contract without the written consent of the State
15agency or public institution of higher education entering into
16the contract.
17    (f) Non-construction solicitations that include Business
18Enterprise Program participation goals shall require bidders
19and offerors to include utilization plans. Utilization plans
20are due at the time of bid or offer submission. Failure to
21complete and include a utilization plan, including
22documentation demonstrating good faith effort when requesting
23a waiver, shall render the bid or offer non-responsive.
24(Source: P.A. 100-391, eff. 8-25-17; 101-170, eff. 1-1-20;
25101-601, eff. 1-1-20; revised 10-26-20.)
 

 

 

HB2629- 13 -LRB102 12939 RJF 18282 b

1    (30 ILCS 575/7)  (from Ch. 127, par. 132.607)
2    (Section scheduled to be repealed on June 30, 2024)
3    Sec. 7. Exemptions; waivers; publication of data.
4    (1) Individual contract exemptions. The Council, at the
5written request of the affected agency, public institution of
6higher education, or recipient of a grant or loan of State
7funds of $250,000 or more complying with Section 45 of the
8State Finance Act, may permit an individual contract or
9contract package, (related contracts being bid or awarded
10simultaneously for the same project or improvements) be made
11wholly or partially exempt from State contracting goals for
12businesses owned by minorities, women, and persons with
13disabilities prior to the advertisement for bids or
14solicitation of proposals whenever there has been a
15determination, reduced to writing and based on the best
16information available at the time of the determination, that
17there is an insufficient number of businesses owned by
18minorities, women, and persons with disabilities to ensure
19adequate competition and an expectation of reasonable prices
20on bids or proposals solicited for the individual contract or
21contract package in question. Any such exemptions shall be
22given by the Council to the Bureau on Apprenticeship Programs.
23        (a) Written request for contract exemption. A written
24    request for an individual contract exemption must include,
25    but is not limited to, the following:
26            (i) a list of eligible businesses owned by

 

 

HB2629- 14 -LRB102 12939 RJF 18282 b

1        minorities, women, and persons with disabilities;
2            (ii) a clear demonstration that the number of
3        eligible businesses identified in subparagraph (i)
4        above is insufficient to ensure adequate competition;
5            (iii) the difference in cost between the contract
6        proposals being offered by businesses owned by
7        minorities, women, and persons with disabilities and
8        the agency or public institution of higher education's
9        expectations of reasonable prices on bids or proposals
10        within that class; and
11            (iv) a list of eligible businesses owned by
12        minorities, women, and persons with disabilities that
13        the contractor has used in the current and prior
14        fiscal years.
15        (b) Determination. The Council's determination
16    concerning an individual contract exemption must consider,
17    at a minimum, the following:
18            (i) the justification for the requested exemption,
19        including whether diligent efforts were undertaken to
20        identify and solicit eligible businesses owned by
21        minorities, women, and persons with disabilities;
22            (ii) the total number of exemptions granted to the
23        affected agency, public institution of higher
24        education, or recipient of a grant or loan of State
25        funds of $250,000 or more complying with Section 45 of
26        the State Finance Act that have been granted by the

 

 

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1        Council in the current and prior fiscal years; and
2            (iii) the percentage of contracts awarded by the
3        agency or public institution of higher education to
4        eligible businesses owned by minorities, women, and
5        persons with disabilities in the current and prior
6        fiscal years.
7    (2) Class exemptions.
8        (a) Creation. The Council, at the written request of
9    the affected agency or public institution of higher
10    education, may permit an entire class of contracts be made
11    exempt from State contracting goals for businesses owned
12    by minorities, women, and persons with disabilities
13    whenever there has been a determination, reduced to
14    writing and based on the best information available at the
15    time of the determination, that there is an insufficient
16    number of qualified businesses owned by minorities, women,
17    and persons with disabilities to ensure adequate
18    competition and an expectation of reasonable prices on
19    bids or proposals within that class. Any such exemption
20    shall be given by the Council to the Bureau on
21    Apprenticeship Programs.
22        (a-1) Written request for class exemption. A written
23    request for a class exemption must include, but is not
24    limited to, the following:
25            (i) a list of eligible businesses owned by
26        minorities, women, and persons with disabilities;

 

 

HB2629- 16 -LRB102 12939 RJF 18282 b

1            (ii) a clear demonstration that the number of
2        eligible businesses identified in subparagraph (i)
3        above is insufficient to ensure adequate competition;
4            (iii) the difference in cost between the contract
5        proposals being offered by eligible businesses owned
6        by minorities, women, and persons with disabilities
7        and the agency or public institution of higher
8        education's expectations of reasonable prices on bids
9        or proposals within that class; and
10            (iv) the number of class exemptions the affected
11        agency or public institution of higher education
12        requested in the current and prior fiscal years.
13        (a-2) Determination. The Council's determination
14    concerning class exemptions must consider, at a minimum,
15    the following:
16            (i) the justification for the requested exemption,
17        including whether diligent efforts were undertaken to
18        identify and solicit eligible businesses owned by
19        minorities, women, and persons with disabilities;
20            (ii) the total number of class exemptions granted
21        to the requesting agency or public institution of
22        higher education that have been granted by the Council
23        in the current and prior fiscal years; and
24            (iii) the percentage of contracts awarded by the
25        agency or public institution of higher education to
26        eligible businesses owned by minorities, women, and

 

 

HB2629- 17 -LRB102 12939 RJF 18282 b

1        persons with disabilities the current and prior fiscal
2        years.
3        (b) Limitation. Any such class exemption shall not be
4    permitted for a period of more than one year at a time.
5    (3) (Blank). Waivers. Where a particular contract requires
6a contractor to meet a goal established pursuant to this Act,
7the contractor shall have the right to request a waiver from
8such requirements. The Council shall grant the waiver where
9the contractor demonstrates that there has been made a good
10faith effort to comply with the goals for participation by
11businesses owned by minorities, women, and persons with
12disabilities. Any such waiver shall also be transmitted in
13writing to the Bureau on Apprenticeship Programs.
14        (a) Request for waiver. A contractor's request for a
15    waiver under this subsection (3) must include, but is not
16    limited to, the following, if available:
17            (i) a list of eligible businesses owned by
18        minorities, women, and persons with disabilities that
19        pertain to the class of contracts in the requested
20        waiver;
21            (ii) a clear demonstration that the number of
22        eligible businesses identified in subparagraph (i)
23        above is insufficient to ensure competition;
24            (iii) the difference in cost between the contract
25        proposals being offered by businesses owned by
26        minorities, women, and persons with disabilities and

 

 

HB2629- 18 -LRB102 12939 RJF 18282 b

1        the agency or the public institution of higher
2        education's expectations of reasonable prices on bids
3        or proposals within that class; and
4            (iv) a list of businesses owned by minorities,
5        women, and persons with disabilities that the
6        contractor has used in the current and prior fiscal
7        years.
8        (b) Determination. The Council's determination
9    concerning waivers must include following:
10            (i) the justification for the requested waiver,
11        including whether the requesting contractor made a
12        good faith effort to identify and solicit eligible
13        businesses owned by minorities, women, and persons
14        with disabilities;
15            (ii) the total number of waivers the contractor
16        has been granted by the Council in the current and
17        prior fiscal years;
18            (iii) the percentage of contracts awarded by the
19        agency or public institution of higher education to
20        eligible businesses owned by minorities, women, and
21        persons with disabilities in the current and prior
22        fiscal years; and
23            (iv) the contractor's use of businesses owned by
24        minorities, women, and persons with disabilities in
25        the current and prior fiscal years.
26    (3.5) (Blank).

 

 

HB2629- 19 -LRB102 12939 RJF 18282 b

1    (4) Conflict with other laws. In the event that any State
2contract, which otherwise would be subject to the provisions
3of this Act, is or becomes subject to federal laws or
4regulations which conflict with the provisions of this Act or
5actions of the State taken pursuant hereto, the provisions of
6the federal laws or regulations shall apply and the contract
7shall be interpreted and enforced accordingly.
8    (5) Each chief procurement officer, as defined in the
9Illinois Procurement Code, shall maintain on his or her
10official Internet website a database of the following: (i)
11waivers granted under this Section with respect to contracts
12under his or her jurisdiction; (ii) a State agency or public
13institution of higher education's written request for an
14exemption of an individual contract or an entire class of
15contracts; and (iii) the Council's written determination
16granting or denying a request for an exemption of an
17individual contract or an entire class of contracts. The
18database, which shall be updated periodically as necessary,
19shall be searchable by contractor name and by contracting
20State agency.
21    (6) Each chief procurement officer, as defined by the
22Illinois Procurement Code, shall maintain on its website a
23list of all firms that have been prohibited from bidding,
24offering, or entering into a contract with the State of
25Illinois as a result of violations of this Act.
26    Each public notice required by law of the award of a State

 

 

HB2629- 20 -LRB102 12939 RJF 18282 b

1contract shall include for each bid or offer submitted for
2that contract the following: (i) the bidder's or offeror's
3name, (ii) the bid amount, (iii) the name or names of the
4certified firms identified in the bidder's or offeror's
5submitted utilization plan, and (iv) the bid's amount and
6percentage of the contract awarded to businesses owned by
7minorities, women, and persons with disabilities identified in
8the utilization plan.
9(Source: P.A. 100-391, eff. 8-25-17; 101-170, eff. 1-1-20;
10101-601, eff. 1-1-20.)
 
11    (30 ILCS 575/8)  (from Ch. 127, par. 132.608)
12    (Section scheduled to be repealed on June 30, 2024)
13    Sec. 8. Enforcement.
14    (1) The Council shall make such findings, recommendations
15and proposals to the Governor as are necessary and appropriate
16to enforce this Act. If, as a result of its monitoring
17activities, the Council determines that its goals and policies
18are not being met by any State agency or public institution of
19higher education, the Council may recommend any or all of the
20following actions:
21        (a) Establish enforcement procedures whereby the
22    Council may recommend to the appropriate State agency,
23    public institutions of higher education, or law
24    enforcement officer that legal or administrative remedies
25    be initiated for violations of contract provisions or

 

 

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1    rules issued hereunder or by a contracting State agency or
2    public institutions of higher education. State agencies
3    and public institutions of higher education shall be
4    authorized to adopt remedies for such violations which
5    shall include (1) termination of the contract involved,
6    (2) prohibition of participation of the respondents in
7    public contracts for a period not to exceed one year, (3)
8    imposition of a penalty not to exceed any profit acquired
9    as a result of violation, or (4) any combination thereof.
10        (b) If the Council concludes that a compliance plan
11    submitted under Section 6 is unlikely to produce the
12    participation goals for businesses owned by minorities,
13    women, and persons with disabilities within the then
14    current fiscal year, the Council may recommend that the
15    State agency or public institution of higher education
16    revise its plan to provide additional opportunities for
17    participation by businesses owned by minorities, women,
18    and persons with disabilities. Such recommended revisions
19    may include, but shall not be limited to, the following:
20            (i) assurances of stronger and better focused
21        solicitation efforts to obtain more businesses owned
22        by minorities, women, and persons with disabilities as
23        potential sources of supply;
24            (ii) division of job or project requirements, when
25        economically feasible, into tasks or quantities to
26        permit participation of businesses owned by

 

 

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1        minorities, women, and persons with disabilities;
2            (iii) elimination of extended experience or
3        capitalization requirements, when programmatically
4        feasible, to permit participation of businesses owned
5        by minorities, women, and persons with disabilities;
6            (iv) identification of specific proposed contracts
7        as particularly attractive or appropriate for
8        participation by businesses owned by minorities,
9        women, and persons with disabilities, such
10        identification to result from and be coupled with the
11        efforts of subparagraphs (i) through (iii);
12            (v) implementation of those regulations
13        established for the use of the sheltered market
14        process.
15    (2) State agencies and public institutions of higher
16education shall review a vendor's compliance with its
17utilization plan and the terms of its contract. Without
18limitation, a vendor's failure to comply with its contractual
19commitments as contained in the utilization plan; failure to
20cooperate in providing information regarding its compliance
21with its utilization plan; or the provision of false or
22misleading information or statements concerning compliance,
23certification status, or eligibility of the Business
24Enterprise Program-certified vendor, good faith efforts, or
25any other material fact or representation shall constitute a
26material breach of the contract and entitle the State agency

 

 

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1or public institution of higher education to declare a
2default, terminate the contract, or exercise those remedies
3provided for in the contract, at law, or in equity.
4    (3) A vendor shall be in breach of the contract and may be
5subject to penalties for failure to meet contract goals
6established under this Act. Any vendor failing to meet the
7contract goals established under this Act shall return all
8funds which were allocated for, but not awarded to, black or
9African owned businesses. The vendor shall have 60 days after
10completion of any project to return such funds , unless the
11vendor can show that it made good faith efforts to meet the
12contract goals.
13(Source: P.A. 99-462, eff. 8-25-15; 100-391, eff. 8-25-17.)
 
14    (30 ILCS 575/8f)
15    (Section scheduled to be repealed on June 30, 2024)
16    Sec. 8f. Annual report. The Council shall file no later
17than March 1 of each year, an annual report that shall detail
18the level of achievement toward the goals specified in this
19Act over the 3 most recent fiscal years. The annual report
20shall include, but need not be limited to the following:
21        (1) a summary detailing expenditures subject to the
22    goals, the actual goals specified, and the goals attained
23    by each State agency and public institution of higher
24    education;
25        (2) a summary of the number of contracts awarded and

 

 

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1    the average contract amount by each State agency and
2    public institution of higher education;
3        (3) an analysis of the level of overall goal
4    achievement concerning purchases from minority-owned
5    businesses, women-owned businesses, and businesses owned
6    by persons with disabilities;
7        (4) an analysis of the number of businesses owned by
8    minorities, women, and persons with disabilities that are
9    certified under the program as well as the number of those
10    businesses that received State procurement contracts; and
11        (5) a summary of the number of contracts awarded to
12    businesses with annual gross sales of less than
13    $1,000,000; of $1,000,000 or more, but less than
14    $5,000,000; of $5,000,000 or more, but less than
15    $10,000,000; and of $10,000,000 or more; .
16        (6) the total procurement budget of the State and the
17    percentage of the State budget spent on procurement; and
18        (7) the amount of revenue procured by black or African
19    American owned businesses through State contracts.
20(Source: P.A. 99-462, eff. 8-25-15; 100-391, eff. 8-25-17.)