Full Text of SB2365 100th General Assembly
SB2365ham001 100TH GENERAL ASSEMBLY | Rep. William Davis Filed: 5/28/2018
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| 1 | | AMENDMENT TO SENATE BILL 2365
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2365 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Procurement Code is amended by | 5 | | changing Sections 20-15 and 20-60 and by adding Section 50-80 | 6 | | as follows:
| 7 | | (30 ILCS 500/20-15)
| 8 | | Sec. 20-15. Competitive sealed proposals.
| 9 | | (a) Conditions for use. When provided under this Code or | 10 | | under
rules, or when
the purchasing agency determines in | 11 | | writing that the use of
competitive sealed bidding
is either | 12 | | not practicable or not advantageous to the State, a
contract | 13 | | may be entered into by
competitive sealed proposals.
| 14 | | (b) Request for proposals. Proposals shall be solicited
| 15 | | through a request for proposals.
| 16 | | (c) Public notice. Public notice of the request for
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| 1 | | proposals shall be published in the
Illinois Procurement | 2 | | Bulletin at least 14 calendar days before the date set
in the | 3 | | invitation for the opening
of proposals.
| 4 | | (d) Receipt of proposals. Proposals shall be opened
| 5 | | publicly or via an electronic procurement system in the | 6 | | presence of one or
more witnesses at the time and place | 7 | | designated in the request for
proposals, but proposals shall
be | 8 | | opened in a manner to avoid disclosure of contents to competing
| 9 | | offerors during the process
of negotiation. A record of | 10 | | proposals shall be prepared and
shall be open for public | 11 | | inspection
after contract award.
| 12 | | (e) Evaluation factors. The requests for proposals shall
| 13 | | state the relative importance of
price and other evaluation | 14 | | factors. Proposals shall be submitted
in 2 parts: the first, | 15 | | covering
items except price; and the second, covering price. | 16 | | The first
part of all proposals shall be
evaluated and ranked | 17 | | independently of the second part of
all proposals.
| 18 | | (e-5) Method of scoring. | 19 | | (1) All procurement scoring rubrics for contracts | 20 | | entered into under this Code shall account for and allocate | 21 | | 20% of the total available points towards evaluation of | 22 | | each respondent's commitment to diversity, and shall | 23 | | require supporting documentation to that purpose. | 24 | | (2) The scoring rubric requirements established under | 25 | | this subsection (e-5) shall include, but not be limited to, | 26 | | the following: |
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| 1 | | (A) for publicly owned businesses, the number and | 2 | | percentage of members of the respondent's governance | 3 | | board who are women, minorities, or persons with | 4 | | disabilities; | 5 | | (B) for privately owned businesses, the respondent | 6 | | shall identify whether it or its affiliates are managed | 7 | | by women, minorities, or persons with disabilities. | 8 | | For the purposes of this subparagraph (B), "managed by | 9 | | women, minorities, or persons with disabilities" means | 10 | | being owned or managed by a 51% or more combination of | 11 | | women, minorities, or persons with disabilities; | 12 | | (C) the respondent shall provide the number and | 13 | | percentage of the respondent's owners and managers who | 14 | | are women, minorities, or persons with disabilities; | 15 | | (D) the number and percentage of the respondent's | 16 | | senior executive leaders, including partner, | 17 | | president, chief operating officer, managing director, | 18 | | or other senior executives, who are women, minorities, | 19 | | military veterans, or persons with disabilities; | 20 | | (E) the number and percentage of the respondent's | 21 | | staff, including both full-time and part-time | 22 | | employees, who are women, minorities, or persons with | 23 | | disabilities; and | 24 | | (F) the respondent's intended use of | 25 | | subcontractors for a project, if any, that are women, | 26 | | minorities, or persons with disabilities. |
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| 1 | | (3) When a solicitation for contracts with group | 2 | | purchasing organizations is issued by any State agency or | 3 | | public institution of higher education and falls within a | 4 | | service or product offering that has a history of disparate | 5 | | awards to a class of business owners that are identified | 6 | | under the Business Enterprise Program Act, the scoring | 7 | | rubric allocation identified under paragraph (1) shall be | 8 | | 30% of the total available points towards evaluation of | 9 | | each respondent's commitment to diversity. | 10 | | (4) If any State agency contract is eligible to be paid | 11 | | for, in whole or in part, with federal-aid funds, grants, | 12 | | or loans, and the provisions of this Section would result | 13 | | in the loss of those federal-aid funds, grants, or loans, | 14 | | then the contract is exempt from the provisions of this | 15 | | Section in order to remain eligible for those federal-aid | 16 | | funds, grants, or loans. | 17 | | (5) When the highest ranking offeror to a solicitation, | 18 | | which includes the allocated percentage of scoring based on | 19 | | diversity, is found to be more than 15% higher than the | 20 | | next lowest bidder by the offering State agency or public | 21 | | institution of higher education, the offering State agency | 22 | | or public institution of higher education, with the | 23 | | approval of the Business Enterprise Council Secretary and | 24 | | in consultation with the Business Enterprise Program | 25 | | Council, may deem that offeror non-responsive. | 26 | | (f) Discussion with responsible offerors and revisions of |
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| 1 | | offers or
proposals. As provided in the
request for proposals | 2 | | and under rules, discussions
may be conducted with
responsible | 3 | | offerors who submit offers or proposals determined to be
| 4 | | reasonably susceptible of being
selected for award for the | 5 | | purpose of clarifying and assuring full
understanding of and
| 6 | | responsiveness to the solicitation requirements. Those | 7 | | offerors
shall be accorded fair and equal
treatment with | 8 | | respect to any opportunity for discussion and
revision of | 9 | | proposals. Revisions
may be permitted after submission and | 10 | | before award for the
purpose of obtaining best and final
| 11 | | offers. In conducting discussions there shall be no disclosure | 12 | | of
any information derived from
proposals submitted by | 13 | | competing offerors.
If information is disclosed to any offeror, | 14 | | it shall be
provided to all competing offerors.
| 15 | | (g) Award. Awards shall be made to the responsible offeror
| 16 | | whose proposal is
determined in writing to be the most | 17 | | advantageous to the State,
taking into consideration price and | 18 | | the evaluation factors set forth in the request for proposals.
| 19 | | The contract file shall contain
the basis on which the award is
| 20 | | made.
| 21 | | (Source: P.A. 100-43, eff. 8-9-17.)
| 22 | | (30 ILCS 500/20-60) | 23 | | Sec. 20-60. Duration of contracts. | 24 | | (a) Maximum duration. A contract may be entered into for
| 25 | | any period of time deemed
to be in the best interests of the |
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| 1 | | State but not
exceeding 10 years inclusive, beginning January | 2 | | 1, 2010, of proposed contract renewals. The length of
a lease | 3 | | for real property or capital improvements shall be in
| 4 | | accordance with the provisions of
Section 40-25. The length of | 5 | | energy conservation program contracts or energy savings | 6 | | contracts or leases shall be in accordance with the provisions | 7 | | of Section 25-45. A contract for bond or mortgage insurance | 8 | | awarded by the Illinois Housing Development Authority, | 9 | | however, may be entered into for any period of time less than | 10 | | or equal to the maximum period of time that the subject bond or | 11 | | mortgage may remain outstanding.
| 12 | | (b) Subject to appropriation. All contracts made or entered
| 13 | | into shall recite that they are
subject to termination and | 14 | | cancellation in any year for which the
General Assembly fails | 15 | | to make
an appropriation to make payments under the terms of | 16 | | the contract. | 17 | | (c) The chief procurement officer shall file a proposed | 18 | | extension or renewal of a contract with the Procurement Policy | 19 | | Board prior to entering into any extension or renewal if the | 20 | | cost associated with the extension or renewal exceeds $249,999. | 21 | | The Procurement Policy Board may object to the proposed | 22 | | extension or renewal within 30 calendar days and require a | 23 | | hearing before the Board prior to entering into the extension | 24 | | or renewal. If the Procurement Policy Board does not object | 25 | | within 30 calendar days or takes affirmative action to | 26 | | recommend the extension or renewal, the chief procurement |
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| 1 | | officer may enter into the extension or renewal of a contract. | 2 | | This subsection does not apply to any emergency procurement, | 3 | | any procurement under Article 40, or any procurement exempted | 4 | | by Section 1-10(b) of this Code. If any State agency contract | 5 | | is paid for in whole or in part with federal-aid funds, grants, | 6 | | or loans and the provisions of this subsection would result in | 7 | | the loss of those federal-aid funds, grants, or loans, then the | 8 | | contract is exempt from the provisions of this subsection in | 9 | | order to remain eligible for those federal-aid funds, grants, | 10 | | or loans, and the State agency shall file notice of this | 11 | | exemption with the Procurement Policy Board prior to entering | 12 | | into the proposed extension or renewal. Nothing in this | 13 | | subsection permits a chief procurement officer to enter into an | 14 | | extension or renewal in violation of subsection (a). By August | 15 | | 1 each year, the Procurement Policy Board shall file a report | 16 | | with the General Assembly identifying for the previous fiscal | 17 | | year (i) the proposed extensions or renewals that were filed | 18 | | with the Board and whether the Board objected and (ii) the | 19 | | contracts exempt from this subsection. | 20 | | (d) No vendor shall be eligible for renewal of a contract | 21 | | when that vendor has failed to meet the Business Enterprise | 22 | | Program spending goal specified under the contract, and that | 23 | | vendor is not otherwise excused from compliance under the | 24 | | Business Enterprise Program Act. This subsection (d) does not | 25 | | apply to the renewal of contracts for construction or | 26 | | construction-related services. |
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| 1 | | (Source: P.A. 100-23, eff. 7-6-17.) | 2 | | (30 ILCS 500/50-80 new) | 3 | | Sec. 50-80. Diversity training; report. | 4 | | (a) All employees under each Chief Procurement Officer, as | 5 | | defined under Section 1-15.15, shall complete annual training | 6 | | for diversity and inclusion as prescribed by the Chief | 7 | | Procurement Officer in consultation with the Business | 8 | | Enterprise Council. | 9 | | (b) Each Chief Procurement Officer shall submit to the | 10 | | Business Enterprise Council an annual report that summarizes | 11 | | diversity training that was completed during the previous year, | 12 | | and lays out the plan for the diversity training programs in | 13 | | the coming year. Each Chief Procurement Officer shall also | 14 | | submit to the Executive Ethics Commission an annual report | 15 | | detailing the current status of its diversity efforts, and an | 16 | | action plan to increase diversity internally within their | 17 | | respective offices.
| 18 | | Section 10. The Business Enterprise for Minorities, Women, | 19 | | and Persons with
Disabilities Act is amended by changing | 20 | | Sections 4f and 6 as follows: | 21 | | (30 ILCS 575/4f) | 22 | | (Section scheduled to be repealed on June 30, 2020) | 23 | | Sec. 4f. Award of State contracts. |
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| 1 | | (1) It is hereby declared to be the public policy of the | 2 | | State of Illinois to promote and encourage each State agency | 3 | | and public institution of higher education to use businesses | 4 | | owned by minorities, women, and persons with disabilities in | 5 | | the area of goods and services, including, but not limited to, | 6 | | insurance services, investment management services, | 7 | | information technology services, accounting services, | 8 | | architectural and engineering services, and legal services. | 9 | | Furthermore, each State agency and public institution of higher | 10 | | education shall utilize such firms to the greatest extent | 11 | | feasible within the bounds of financial and fiduciary prudence, | 12 | | and take affirmative steps to remove any barriers to the full | 13 | | participation of such firms in the procurement and contracting | 14 | | opportunities afforded. | 15 | | (a) When a State agency or public institution of higher | 16 | | education, other than a community college, awards a | 17 | | contract for insurance services, for each State agency or | 18 | | public institution of higher education, it shall be the | 19 | | aspirational goal to use insurance brokers owned by | 20 | | minorities, women, and persons with disabilities as | 21 | | defined by this Act, for not less than 20% of the total | 22 | | annual premiums or fees. | 23 | | (b) When a State agency or public institution of higher | 24 | | education, other than a community college, awards a | 25 | | contract for investment services, for each State agency or | 26 | | public institution of higher education, it shall be the |
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| 1 | | aspirational goal to use emerging investment managers | 2 | | owned by minorities, women, and persons with disabilities | 3 | | as defined by this Act, for not less than 20% of the total | 4 | | funds under management. Furthermore, it is the | 5 | | aspirational goal that not less than 20% of the direct | 6 | | asset managers of the State funds be minorities, women, and | 7 | | persons with disabilities. | 8 | | (c) When a State agency or public institution of higher | 9 | | education, other than a community college, awards | 10 | | contracts for information technology services, accounting | 11 | | services, architectural and engineering services, and | 12 | | legal services, for each State agency and public | 13 | | institution of higher education, it shall be the | 14 | | aspirational goal to use such firms owned by minorities, | 15 | | women, and persons with disabilities as defined by this Act | 16 | | and lawyers who are minorities, women, and persons with | 17 | | disabilities as defined by this Act, for not less than 20% | 18 | | of the total dollar amount of State contracts. In the case | 19 | | of State contracts for architectural and engineering | 20 | | services, the provisions of this subsection (c) requiring a | 21 | | portion of State contracts to be awarded to businesses | 22 | | owned and controlled by persons with disabilities do not | 23 | | apply. | 24 | | (d) When a community college awards a contract for | 25 | | insurance services, investment services, information | 26 | | technology services, accounting services, architectural |
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| 1 | | and engineering services, and legal services, it shall be | 2 | | the aspirational goal of each community college to use | 3 | | businesses owned by minorities, women, and persons with | 4 | | disabilities as defined in this Act for not less than 20% | 5 | | of the total amount spent on contracts for these services | 6 | | collectively. When a community college awards contracts | 7 | | for investment services, contracts awarded to investment | 8 | | managers who are not emerging investment managers as | 9 | | defined in this Act shall not be considered businesses | 10 | | owned by minorities, women, or persons with disabilities | 11 | | for the purposes of this Section. | 12 | | (e) When a State agency or public institution of higher | 13 | | education issues requests for proposals or solicitations, | 14 | | including requests and solicitations for contracts with | 15 | | group purchasing organizations, that fall within a service | 16 | | or product offering that has a history of disparate awards | 17 | | to a class of business owners that are underrepresented in | 18 | | contract awards, it shall be the aspirational goal to use | 19 | | service or product providers owned by minorities, women, | 20 | | and persons with disabilities as defined by this Act for | 21 | | not less than 20% of the total dollar amount of State | 22 | | contracts. If the State agency or public institution of | 23 | | higher education believes that it may be difficult to | 24 | | properly assess the minimum 20% aspirational goal, then it | 25 | | may appear before the Council to seek a modification of the | 26 | | goal requirement provided under this paragraph (e). |
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| 1 | | If any State agency contract is eligible to be paid | 2 | | for, in whole or in part, with federal-aid funds, grants, | 3 | | or loans, and the provisions of this paragraph (e) would | 4 | | result in the loss of those federal-aid funds, grants, or | 5 | | loans, then the contract is exempt from the provisions of | 6 | | this paragraph (e) in order to remain eligible for those | 7 | | federal-aid funds, grants, or loans. | 8 | | (2) As used in this Section: | 9 | | "Accounting services" means the measurement, | 10 | | processing and communication of financial information | 11 | | about economic entities including, but is not limited to, | 12 | | financial accounting, management accounting, auditing, | 13 | | cost containment and auditing services, taxation and | 14 | | accounting information systems. | 15 | | "Architectural and engineering services" means | 16 | | professional services of an architectural or engineering | 17 | | nature, or incidental services, that members of the | 18 | | architectural and engineering professions, and individuals | 19 | | in their employ, may logically or justifiably perform, | 20 | | including studies, investigations, surveying and mapping, | 21 | | tests, evaluations, consultations, comprehensive planning, | 22 | | program management, conceptual designs, plans and | 23 | | specifications, value engineering, construction phase | 24 | | services, soils engineering, drawing reviews, preparation | 25 | | of operating and maintenance manuals, and other related | 26 | | services. |
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| 1 | | "Emerging investment manager" means an investment | 2 | | manager or claims consultant having assets under | 3 | | management below $10 billion or otherwise adjudicating | 4 | | claims. | 5 | | "Information technology services" means, but is not | 6 | | limited to, specialized technology-oriented solutions by | 7 | | combining the processes and functions of software, | 8 | | hardware, networks, telecommunications, web designers, | 9 | | cloud developing resellers, and electronics. | 10 | | "Insurance broker" means an insurance brokerage firm, | 11 | | claims administrator, or both, that procures, places all | 12 | | lines of insurance, or administers claims with annual | 13 | | premiums or fees of at least $5,000,000 but not more than | 14 | | $10,000,000. | 15 | | "Legal services" means work performed by a lawyer | 16 | | including, but not limited to, contracts in anticipation of | 17 | | litigation, enforcement actions, or investigations. | 18 | | (3) Each State agency and public institution of higher | 19 | | education shall adopt policies that identify its plan and | 20 | | implementation procedures for increasing the use of service | 21 | | firms owned by minorities, women, and persons with | 22 | | disabilities. | 23 | | (4) Except as provided in subsection (5), the Council shall | 24 | | file no later than March 1 of each year an annual report to the | 25 | | Governor and the General Assembly. The report to the General | 26 | | Assembly shall be filed with the Clerk of the House of |
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| 1 | | Representatives and the Secretary of the Senate in electronic | 2 | | form only, in the manner that the Clerk and the Secretary shall | 3 | | direct The report filed with the General Assembly shall be | 4 | | filed as required in Section 3.1 of the General Assembly | 5 | | Organization Act . This report shall: (i) identify the service | 6 | | firms used by each State agency and public institution of | 7 | | higher education, (ii) identify the actions it has undertaken | 8 | | to increase the use of service firms owned by minorities, | 9 | | women, and persons with disabilities, including encouraging | 10 | | non-minority-owned firms to use other service firms owned by | 11 | | minorities, women, and persons with disabilities as | 12 | | subcontractors when the opportunities arise, (iii) state any | 13 | | recommendations made by the Council to each State agency and | 14 | | public institution of higher education to increase | 15 | | participation by the use of service firms owned by minorities, | 16 | | women, and persons with disabilities, and (iv) include the | 17 | | following: | 18 | | (A) For insurance services: the names of the insurance | 19 | | brokers or claims consultants used, the total of risk | 20 | | managed by each State agency and public institution of | 21 | | higher education by insurance brokers, the total | 22 | | commissions, fees paid, or both, the lines or insurance | 23 | | policies placed, and the amount of premiums placed; and the | 24 | | percentage of the risk managed by insurance brokers, the | 25 | | percentage of total commission, fees paid, or both, the | 26 | | lines or insurance policies placed, and the amount of |
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| 1 | | premiums placed with each by the insurance brokers owned by | 2 | | minorities, women, and persons with disabilities by each | 3 | | State agency and public institution of higher education. | 4 | | (B) For investment management services: the names of | 5 | | the investment managers used, the total funds under | 6 | | management of investment managers; the total commissions, | 7 | | fees paid, or both; the total and percentage of funds under | 8 | | management of emerging investment managers owned by | 9 | | minorities, women, and persons with disabilities, | 10 | | including the total and percentage of total commissions, | 11 | | fees paid, or both by each State agency and public | 12 | | institution of higher education. | 13 | | (C) The names of service firms, the percentage and | 14 | | total dollar amount paid for professional services by | 15 | | category by each State agency and public institution of | 16 | | higher education. | 17 | | (D) The names of service firms, the percentage and | 18 | | total dollar amount paid for services by category to firms | 19 | | owned by minorities, women, and persons with disabilities | 20 | | by each State agency and public institution of higher | 21 | | education. | 22 | | (E) The total number of contracts awarded for services | 23 | | by category and the total number of contracts awarded to | 24 | | firms owned by minorities, women, and persons with | 25 | | disabilities by each State agency and public institution of | 26 | | higher education. |
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| 1 | | (5) For community college districts, the Business | 2 | | Enterprise Council shall only report the following information | 3 | | for each community college district: (i) the name of the | 4 | | community colleges in the district, (ii) the name and contact | 5 | | information of a person at each community college appointed to | 6 | | be the single point of contact for vendors owned by minorities, | 7 | | women, or persons with disabilities, (iii) the policy of the | 8 | | community college district concerning certified vendors, (iv) | 9 | | the certifications recognized by the community college | 10 | | district for determining whether a business is owned or | 11 | | controlled by a minority, woman, or person with a disability, | 12 | | (v) outreach efforts conducted by the community college | 13 | | district to increase the use of certified vendors, (vi) the | 14 | | total expenditures by the community college district in the | 15 | | prior fiscal year in the divisions of work specified in | 16 | | paragraphs (a), (b), and (c) of subsection (1) of this Section | 17 | | and the amount paid to certified vendors in those divisions of | 18 | | work, and (vii) the total number of contracts entered into for | 19 | | the divisions of work specified in paragraphs (a), (b), and (c) | 20 | | of subsection (1) of this Section and the total number of | 21 | | contracts awarded to certified vendors providing these | 22 | | services to the community college district. The Business | 23 | | Enterprise Council shall not make any utilization reports under | 24 | | this Act for community college districts for Fiscal Year 2015 | 25 | | and Fiscal Year 2016, but shall make the report required by | 26 | | this subsection for Fiscal Year 2017 and for each fiscal year |
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| 1 | | thereafter. The Business Enterprise Council shall report the | 2 | | information in items (i), (ii), (iii), and (iv) of this | 3 | | subsection beginning in September of 2016. The Business | 4 | | Enterprise Council may collect the data needed to make its | 5 | | report from the Illinois Community College Board. | 6 | | (6) The status of the utilization of services shall be | 7 | | discussed at each of the regularly scheduled Business | 8 | | Enterprise Council meetings. Time shall be allotted for the | 9 | | Council to receive, review, and discuss the progress of the use | 10 | | of service firms owned by minorities, women, and persons with | 11 | | disabilities by each State agency and public institution of | 12 | | higher education; and any evidence regarding past or present | 13 | | racial, ethnic, or gender-based discrimination which directly | 14 | | impacts a State agency or public institution of higher | 15 | | education contracting with such firms. If after reviewing such | 16 | | evidence the Council finds that there is or has been such | 17 | | discrimination against a specific group, race or sex, the | 18 | | Council shall establish sheltered markets or adjust existing | 19 | | sheltered markets tailored to address the Council's specific | 20 | | findings for the divisions of work specified in paragraphs (a), | 21 | | (b), and (c) of subsection (1) of this Section.
| 22 | | (Source: P.A. 99-462, eff. 8-25-15; 99-642, eff. 7-28-16; | 23 | | 100-391, eff. 8-25-17.)
| 24 | | (30 ILCS 575/6) (from Ch. 127, par. 132.606)
| 25 | | (Section scheduled to be repealed on June 30, 2020)
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| 1 | | Sec. 6. Agency compliance plans. Each State agency and | 2 | | public institutions of higher education
under the
jurisdiction | 3 | | of this Act
shall file
with the Council an annual compliance | 4 | | plan which shall outline the
goals of the State agency or | 5 | | public institutions of higher education for contracting with | 6 | | businesses owned by minorities, women, and
persons with | 7 | | disabilities for the then current fiscal
year, the manner in | 8 | | which the agency intends to reach these goals and a
timetable | 9 | | for reaching these goals. The Council shall review and approve
| 10 | | the plan of each State agency and public institutions of higher | 11 | | education and may reject any
plan that does
not comply with
| 12 | | this Act or any rules or regulations promulgated pursuant to | 13 | | this Act.
| 14 | | (a) The compliance plan shall also include, but not be | 15 | | limited to, (1) a
policy statement, signed by the State agency | 16 | | or public institution of higher education head,
expressing a
| 17 | | commitment to
encourage the use of
businesses owned by
| 18 | | minorities, women, and persons with disabilities, (2) the | 19 | | designation of
the liaison
officer
provided for in Section 5 of | 20 | | this Act, (3) procedures to distribute to
potential contractors | 21 | | and vendors the list of all businesses legitimately classified | 22 | | as businesses owned by
minorities, women, and persons with | 23 | | disabilities and so certified under
this Act, (4) procedures to | 24 | | set
separate contract goals on specific prime contracts and | 25 | | purchase orders
with subcontracting possibilities based upon | 26 | | the type of work or services
and subcontractor availability, |
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| 1 | | (5) procedures to assure that contractors
and vendors make good | 2 | | faith efforts to meet contract goals, (6) procedures
for | 3 | | contract goal exemption, modification and waiver, and (7) the | 4 | | delineation
of separate contract goals for businesses owned by | 5 | | minorities, women, and persons with
disabilities.
| 6 | | (b) Approval of the compliance plans shall include such | 7 | | delegation of
responsibilities to the requesting State agency | 8 | | or public institution of higher education as
the Council
deems | 9 | | necessary
and appropriate to fulfill the purpose of this Act. | 10 | | Such responsibilities
may include, but need not be limited to | 11 | | those outlined in subsections (1),
(2) and (3) of Section 7, | 12 | | paragraph (a) of Section 8, and Section 8a of this Act.
| 13 | | (c) Each State agency and public institution of higher | 14 | | education under the jurisdiction of
this Act
shall
file with | 15 | | the Council an annual report of its utilization of businesses | 16 | | owned
by minorities, women, and persons with disabilities | 17 | | during the preceding fiscal year including lapse period | 18 | | spending
and a mid-fiscal year report of its utilization to | 19 | | date for the then current
fiscal year. The reports shall | 20 | | include a self-evaluation of the efforts of the
State agency or | 21 | | public institution of higher education to meet its goals under | 22 | | the
Act , as well as a plan to increase the diversity
of their | 23 | | vendors engaged in contracts, with a particular focus
on those | 24 | | most underrepresented in contract awards .
| 25 | | (d) Notwithstanding any provisions to the contrary in this | 26 | | Act,
any State
agency or public institution of higher education |
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| 1 | | which administers a construction program,
for which federal law | 2 | | or regulations establish standards and procedures for
the | 3 | | utilization of minority-owned and women-owned businesses and | 4 | | disadvantaged businesses,
shall implement a disadvantaged | 5 | | business enterprise program to include minority-owned and | 6 | | women-owned businesses and disadvantaged businesses, using
the | 7 | | federal
standards and procedures for the establishment of goals | 8 | | and
utilization procedures for the State-funded, as well as the | 9 | | federally
assisted, portions of the program. In such cases, | 10 | | these goals shall not
exceed those established pursuant to the | 11 | | relevant federal statutes or
regulations.
Notwithstanding the | 12 | | provisions of Section 8b, the Illinois Department of
| 13 | | Transportation is authorized to establish sheltered markets | 14 | | for the
State-funded portions of the program consistent with | 15 | | federal law and
regulations.
Additionally, a compliance plan | 16 | | which is filed by such State
agency or public institution of | 17 | | higher education pursuant to this Act, which incorporates
| 18 | | equivalent terms and
conditions of its federally-approved | 19 | | compliance plan, shall be deemed
approved under this Act.
| 20 | | (Source: P.A. 99-462, eff. 8-25-15; 100-391, eff. 8-25-17.)".
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