Full Text of SB0630 99th General Assembly
SB0630sam001 99TH GENERAL ASSEMBLY | Sen. Kimberly A. Lightford Filed: 4/4/2016
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| 1 | | AMENDMENT TO SENATE BILL 630
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 630 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Toll Highway Act is amended by adding | 5 | | Sections 16.5 and 16.10 as follows: | 6 | | (605 ILCS 10/16.5 new) | 7 | | Sec. 16.5. Prequalification of minority-owned and | 8 | | female-owned contractors. The Authority shall, within 30 days | 9 | | after the effective date of this amendatory Act of the 99th | 10 | | General Assembly, establish a committee to review rules for | 11 | | prequalification of contractors under the Illinois Procurement | 12 | | Code. The purpose of the review is to determine whether the | 13 | | rules for prequalification operate as a barrier to | 14 | | minority-owned and female-owned contractors becoming | 15 | | prequalified to bid on or make proposals for Authority | 16 | | contracts. The committee shall, in addition to Authority staff, |
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| 1 | | be comprised of membership representing the construction | 2 | | industry and minority-owned and female-owned contractors. The | 3 | | committee shall complete its work and make recommendations for | 4 | | any changes to the rules for prequalification to the Board of | 5 | | Directors of the Authority within 180 days after the effective | 6 | | date of this amendatory Act of the 99th General Assembly. | 7 | | (605 ILCS 10/16.10 new) | 8 | | Sec. 16.10. Target market program. | 9 | | (a) In order to remedy particular incidents and patterns of | 10 | | egregious race or gender discrimination, the chief procurement | 11 | | officer, in consultation with the Authority, shall have the | 12 | | power to implement a target market program incorporating the | 13 | | following terms: | 14 | | (1) Each fiscal year, the Authority shall review any | 15 | | and all evidence of discrimination related to construction | 16 | | projects. Evidence of discrimination may include, but is | 17 | | not limited to: | 18 | | (A) the determination of the Authority's | 19 | | utilization of minority-owned and female-owned firms | 20 | | in its prime contracts and associated subcontracts; | 21 | | (B) the availability of minority-owned and | 22 | | female-owned firms in the Authority's geographic | 23 | | market areas and specific construction industry | 24 | | markets; | 25 | | (C) any disparities between the utilization of |
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| 1 | | minority-owned and female-owned firms in the | 2 | | Authority's markets and the utilization of those firms | 3 | | in the Authority's prime contracts and subcontracts in | 4 | | those markets; | 5 | | (D) any disparities between the utilization of | 6 | | minority-owned and female-owned firms in the overall | 7 | | construction markets in which the Authority purchases | 8 | | and the utilization of those firms in the overall | 9 | | construction economy in which the Authority operates; | 10 | | (E) evidence of discrimination in the rates at | 11 | | which minority-owned and female-owned firms in the | 12 | | Authority's markets form businesses compared to | 13 | | similar non-minority-owned and non-female-owned firms | 14 | | in the Authority's markets and in the dollars earned by | 15 | | those businesses; and | 16 | | (F) quantitative and qualitative anecdotal | 17 | | evidence of discrimination. | 18 | | If, after reviewing this evidence, the Authority finds, and | 19 | | the chief procurement officer concurs, that the Authority has a | 20 | | strong basis in evidence that it has a compelling interest in | 21 | | remedying the identified discrimination against a specific | 22 | | group, race, or gender, and that the only remedy for the | 23 | | discrimination is a narrowly tailored target market, the chief | 24 | | procurement officer, in consultation with the Authority, has | 25 | | the power to establish and implement a target market program | 26 | | tailored to address the specific findings of egregious |
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| 1 | | discrimination made by the Authority, after a public hearing at | 2 | | which minority groups, female groups, general contractor | 3 | | groups, community organizations, and other interested parties | 4 | | have the opportunity to provide comments. | 5 | | (2) In January of each year, the Authority and the | 6 | | chief procurement officer shall report jointly to the | 7 | | General Assembly the results of the evidentiary inquiries | 8 | | or studies that establish the Authority's compelling | 9 | | interest in remedying egregious discrimination based upon | 10 | | strong evidence of the need for a narrowly tailored target | 11 | | market to remedy the discrimination and public hearings | 12 | | under this Section, and shall report the actions to be | 13 | | taken to address the findings, including the establishment | 14 | | and implementation of any target market initiatives. | 15 | | (3) The chief procurement officer shall work with the | 16 | | officers and divisions of the Authority to determine the | 17 | | appropriate designation of contracts as target market | 18 | | contracts. The chief procurement officer, in consultation | 19 | | with the Authority, shall determine appropriate contract | 20 | | formation and bidding procedures for target market | 21 | | contracts, including, but not limited to, the dividing of | 22 | | procurements into contract award units in order to | 23 | | facilitate offers or bids from minority-owned businesses | 24 | | and female-owned businesses and the removal of bid bond | 25 | | requirements for minority-owned businesses and | 26 | | female-owned businesses. Minority-owned businesses and |
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| 1 | | female-owned businesses shall remain eligible to seek the | 2 | | procurement award of contracts that have not been | 3 | | designated as target market contracts. | 4 | | (4) The chief procurement officer may make | 5 | | participation in the target market program dependent upon | 6 | | submission to stricter compliance audits than are | 7 | | generally applicable. No contract shall be eligible for | 8 | | inclusion in the target market program unless the Authority | 9 | | determines that there are at least 3 minority-owned | 10 | | businesses or female-owned businesses interested in | 11 | | participating in that type of contract. The Authority, with | 12 | | the concurrence of the chief procurement officer, may | 13 | | develop guidelines to regulate the level of participation | 14 | | of individual minority-owned businesses and female-owned | 15 | | businesses in the target market program in order to prevent | 16 | | the domination of the target market program by a small | 17 | | number of those entities. The Authority may require | 18 | | minority-owned businesses and female-owned businesses to | 19 | | participate in training programs offered by the Authority | 20 | | or other State agencies as a condition precedent to | 21 | | participation in the target market program. | 22 | | (5) Participation in the target market program shall be | 23 | | limited to minority-owned businesses and female-owned | 24 | | businesses and joint ventures consisting exclusively of | 25 | | minority-owned businesses, female-owned businesses, or | 26 | | both, that are certified as disadvantaged businesses under |
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| 1 | | the Business Enterprise for Minorities, Females, and | 2 | | Persons with Disabilities Act. A firm awarded a target | 3 | | market contract may subcontract up to 50% of the dollar | 4 | | value of the target market contract to subcontractors who | 5 | | are not minority-owned businesses or female-owned | 6 | | businesses. | 7 | | (6) The Authority may include in the target market | 8 | | program contracts that are funded by the federal government | 9 | | to the extent allowed by federal law and may vary the | 10 | | standards of eligibility of the target market program to | 11 | | the extent necessary to comply with federal funding | 12 | | requirements. | 13 | | (7) If no satisfactory bid or response is received with | 14 | | respect to a contract that has been designated as part of | 15 | | the target market program, the chief procurement officer, | 16 | | in consultation with the Authority, may delete that | 17 | | contract from the target market program. The chief | 18 | | procurement officer, in consultation with the Authority, | 19 | | may designate and set aside for the target market program | 20 | | additional contracts corresponding in approximate value to | 21 | | a contract that was deleted from the target market program, | 22 | | in keeping with the narrowly tailored process used for | 23 | | selecting contracts suitable for the program and to the | 24 | | extent feasible. | 25 | | (b) The chief procurement officer, in consultation with the | 26 | | Authority, shall adopt rules as he or she deems necessary to |
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| 1 | | administer the target market program. | 2 | | (c)
If any part, sentence, or clause of this Section is for | 3 | | any reason held invalid or to be unconstitutional, that | 4 | | decision shall not affect the validity of the remaining | 5 | | portions of this Section. ".
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