Full Text of SB2365 100th General Assembly
SB2365ham002 100TH GENERAL ASSEMBLY | Rep. William Davis Filed: 11/26/2018
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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 50-85 | 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) Except as otherwise provided in this subsection | 20 | | (e-5), all procurement scoring rubrics for contracts | 21 | | entered into under this Code shall account for and allocate | 22 | | 20% of the total available points toward evaluation of each | 23 | | respondent's commitment to diversity and shall require | 24 | | documentation supporting that purpose. The specific | 25 | | documentation required shall be set by rule by the Chief | 26 | | Procurement Officer. |
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| 1 | | (2) The scoring rubric requirements established under | 2 | | this subsection (e-5) shall include, but are not limited | 3 | | to, the following: | 4 | | (A) for publicly-owned businesses, the number and | 5 | | percentage of members of the respondent's governing | 6 | | board who are women, minorities, or persons with | 7 | | disabilities; | 8 | | (B) for privately-owned businesses, the respondent | 9 | | shall identify whether it or the subsidiaries it owns | 10 | | or controls are managed by women, minorities, or | 11 | | persons with disabilities. For the purposes of this | 12 | | subparagraph (B), "managed by women, minorities, or | 13 | | persons with disabilities" means being managed by | 14 | | women, minorities, or persons with disabilities, or | 15 | | any combination of women, minorities, or persons with | 16 | | disabilities equal to at least 51% of the total number | 17 | | of management personnel; | 18 | | (C) the respondent shall provide the number and | 19 | | percentage of the respondent's owners and managers who | 20 | | are women, minorities, or persons with disabilities; | 21 | | (D) the number and percentage of the respondent's | 22 | | senior executive leaders, including partner, | 23 | | president, chief operating officer, managing director, | 24 | | or other senior executives, who are women, minorities, | 25 | | military veterans, or persons with disabilities; | 26 | | (E) the number and percentage of the respondent's |
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| 1 | | staff, including both full-time and part-time | 2 | | employees, who are women, minorities, or persons with | 3 | | disabilities; and | 4 | | (F) the respondent's intended use of | 5 | | subcontractors for a project, if any, that are women, | 6 | | minorities, or persons with disabilities. | 7 | | (3) When a request for proposal is issued by any State | 8 | | agency or public institution of higher education and falls | 9 | | within a service or product offering that has a history of | 10 | | disparate awards to a class of business owners that are | 11 | | identified under the Business Enterprise Program Act, the | 12 | | scoring rubric allocation provided for under paragraph (1) | 13 | | shall be 30% of the total available points towards | 14 | | evaluation of each respondent's commitment to diversity. | 15 | | (4) If any State agency contract is eligible to be paid | 16 | | for or reimbursed, in whole or in part, with federal-aid | 17 | | funds, grants, or loans, and the provisions of this | 18 | | subsection would result in the loss of those federal-aid | 19 | | funds, grants, or loans, then the contract is exempt from | 20 | | the provisions of this Section in order to remain eligible | 21 | | for those federal-aid funds, grants, or loans. | 22 | | (5) When the price offered by the highest-ranking | 23 | | offeror to a request for proposals, which includes the | 24 | | allocated percentage of scoring based on diversity, is | 25 | | found to be more than 15% higher than the next-ranked | 26 | | offeror by the purchasing State agency or public |
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| 1 | | institution of higher education, the Chief Procurement | 2 | | Officer may approve an award to an offeror other than the | 3 | | highest-ranked offeror. | 4 | | For the purposes of this subsection (e-5): | 5 | | "Manager" means a person who controls or administers | 6 | | all or part of a company or similar organization. | 7 | | "Minorities" has the same meaning as "minority person" | 8 | | under Section 2 of the Business Enterprise for Minorities, | 9 | | Women, and Persons with Disabilities Act. | 10 | | "Persons with disabilities" has the same meaning as | 11 | | "person with a disability" under Section 2 of the Business | 12 | | Enterprise for Minorities, Women, and Persons with | 13 | | Disabilities Act. | 14 | | "Senior executive" means the chief executive officer, | 15 | | chief operating officer, chief financial officer, or | 16 | | anyone else in charge of a principal business unit or | 17 | | function. | 18 | | "Veteran" means a member of the Armed Forces of the | 19 | | United States, a member of the Illinois National Guard, or | 20 | | a member of any reserve component of the Armed Forces of | 21 | | the United States. | 22 | | "Women" has the same meaning as "woman" under Section 2 | 23 | | of the Business Enterprise for Minorities, Women, and | 24 | | Persons with Disabilities Act. | 25 | | (f) Discussion with responsible offerors and revisions of | 26 | | offers or
proposals. As provided in the
request for proposals |
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| 1 | | and under rules, discussions
may be conducted with
responsible | 2 | | offerors who submit offers or proposals determined to be
| 3 | | reasonably susceptible of being
selected for award for the | 4 | | purpose of clarifying and assuring full
understanding of and
| 5 | | responsiveness to the solicitation requirements. Those | 6 | | offerors
shall be accorded fair and equal
treatment with | 7 | | respect to any opportunity for discussion and
revision of | 8 | | proposals. Revisions
may be permitted after submission and | 9 | | before award for the
purpose of obtaining best and final
| 10 | | offers. In conducting discussions there shall be no disclosure | 11 | | of
any information derived from
proposals submitted by | 12 | | competing offerors.
If information is disclosed to any offeror, | 13 | | it shall be
provided to all competing offerors.
| 14 | | (g) Award. Awards shall be made to the responsible offeror
| 15 | | whose proposal is
determined in writing to be the most | 16 | | advantageous to the State,
taking into consideration price and | 17 | | the evaluation factors set forth in the request for proposals.
| 18 | | The contract file shall contain
the basis on which the award is
| 19 | | made.
| 20 | | (Source: P.A. 100-43, eff. 8-9-17.)
| 21 | | (30 ILCS 500/20-60) | 22 | | Sec. 20-60. Duration of contracts. | 23 | | (a) Maximum duration. A contract may be entered into for
| 24 | | any period of time deemed
to be in the best interests of the | 25 | | State but not
exceeding 10 years inclusive, beginning January |
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| 1 | | 1, 2010, of proposed contract renewals. Third parties may lease | 2 | | State-owned dark fiber networks for any period of time deemed | 3 | | to be in the best interest of the State, but not exceeding 20 | 4 | | years. The length of
a lease for real property or capital | 5 | | improvements shall be in
accordance with the provisions of
| 6 | | Section 40-25. The length of energy conservation program | 7 | | contracts or energy savings contracts or leases shall be in | 8 | | accordance with the provisions of Section 25-45. A contract for | 9 | | bond or mortgage insurance awarded by the Illinois Housing | 10 | | Development Authority, however, may be entered into for any | 11 | | period of time less than or equal to the maximum period of time | 12 | | that the subject bond or mortgage may remain outstanding.
| 13 | | (b) Subject to appropriation. All contracts made or entered
| 14 | | into shall recite that they are
subject to termination and | 15 | | cancellation in any year for which the
General Assembly fails | 16 | | to make
an appropriation to make payments under the terms of | 17 | | the contract. | 18 | | (c) The chief procurement officer shall file a proposed | 19 | | extension or renewal of a contract with the Procurement Policy | 20 | | Board prior to entering into any extension or renewal if the | 21 | | cost associated with the extension or renewal exceeds $249,999. | 22 | | The Procurement Policy Board may object to the proposed | 23 | | extension or renewal within 30 calendar days and require a | 24 | | hearing before the Board prior to entering into the extension | 25 | | or renewal. If the Procurement Policy Board does not object | 26 | | within 30 calendar days or takes affirmative action to |
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| 1 | | recommend the extension or renewal, the chief procurement | 2 | | officer may enter into the extension or renewal of a contract. | 3 | | This subsection does not apply to any emergency procurement, | 4 | | any procurement under Article 40, or any procurement exempted | 5 | | by Section 1-10(b) of this Code. If any State agency contract | 6 | | is paid for in whole or in part with federal-aid funds, grants, | 7 | | or loans and the provisions of this subsection would result in | 8 | | the loss of those federal-aid funds, grants, or loans, then the | 9 | | contract is exempt from the provisions of this subsection in | 10 | | order to remain eligible for those federal-aid funds, grants, | 11 | | or loans, and the State agency shall file notice of this | 12 | | exemption with the Procurement Policy Board prior to entering | 13 | | into the proposed extension or renewal. Nothing in this | 14 | | subsection permits a chief procurement officer to enter into an | 15 | | extension or renewal in violation of subsection (a). By August | 16 | | 1 each year, the Procurement Policy Board shall file a report | 17 | | with the General Assembly identifying for the previous fiscal | 18 | | year (i) the proposed extensions or renewals that were filed | 19 | | with the Board and whether the Board objected and (ii) the | 20 | | contracts exempt from this subsection. | 21 | | (d) Notwithstanding the provisions of subsection (a) of | 22 | | this Section, the Department of Innovation and Technology may | 23 | | enter into leases for dark fiber networks for any period of | 24 | | time deemed to be in the best interests of the State but not | 25 | | exceeding 20 years inclusive. The Department of Innovation and | 26 | | Technology may lease dark fiber networks from third parties |
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| 1 | | only for the primary purpose of providing services to (i) to | 2 | | the offices of Governor, Lieutenant Governor, Attorney | 3 | | General, Secretary of State, Comptroller, or Treasurer and | 4 | | State agencies, as defined under Section 5-15 of the Civil | 5 | | Administrative Code of Illinois or (ii) for anchor | 6 | | institutions, as defined in Section 7 of the Illinois Century | 7 | | Network Act. Dark fiber network lease contracts shall be | 8 | | subject to all other provisions of this Code and any applicable | 9 | | rules or requirements, including, but not limited to, | 10 | | publication of lease solicitations, use of standard State | 11 | | contracting terms and conditions, and approval of vendor | 12 | | certifications and financial disclosures. | 13 | | (e) As used in this Section, "dark fiber network" means a | 14 | | network of fiber optic cables laid but currently unused by a | 15 | | third party that the third party is leasing for use as network | 16 | | infrastructure. | 17 | | (f) No vendor shall be eligible for renewal of a contract | 18 | | when that vendor has failed to meet the Business Enterprise | 19 | | Program spending goal specified under the contract, and that | 20 | | vendor is not otherwise excused from compliance under the | 21 | | Business Enterprise Program Act. This subsection (f) does not | 22 | | apply to the renewal of contracts for construction or | 23 | | construction-related services. | 24 | | (Source: P.A. 100-23, eff. 7-6-17; 100-611, eff. 7-20-18; | 25 | | revised 10-11-18.) |
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| 1 | | (30 ILCS 500/50-85 new) | 2 | | Sec. 50-85. Diversity training; report. | 3 | | (a) All employees with purchasing power or the power to | 4 | | award proposals under the Code, including State Procurement | 5 | | Officers, Chief Procurement Officers, Agency Procurement | 6 | | Officers, and applicable supportive personnel and staff, as | 7 | | determined by the Chief Procurement Officer, shall complete | 8 | | annual training for diversity and inclusion as prescribed by | 9 | | the Chief Procurement Officer in consultation with the Business | 10 | | Enterprise Council. | 11 | | (b) Each Chief Procurement Officer shall submit to the | 12 | | General Assembly an annual report that summarizes the diversity | 13 | | training that was completed by personnel of his or her office | 14 | | during the previous year, and lays out the plan for the | 15 | | diversity training programs in the coming year. The report to | 16 | | the General Assembly shall be filed with the Clerk of the House | 17 | | of Representatives and the Secretary of the Senate in | 18 | | electronic form only, in the manner that the Clerk and the | 19 | | Secretary shall direct. | 20 | | Each Chief Procurement Officer shall also submit to the | 21 | | Executive Ethics Commission an annual report detailing the | 22 | | current status of his or her diversity efforts, and an action | 23 | | plan to increase diversity within his or her office.
| 24 | | Section 10. The Business Enterprise for Minorities, Women, | 25 | | and Persons with
Disabilities Act is amended by changing |
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| 1 | | Sections 4f and 6 as follows: | 2 | | (30 ILCS 575/4f) | 3 | | (Section scheduled to be repealed on June 30, 2020) | 4 | | Sec. 4f. Award of State contracts. | 5 | | (1) It is hereby declared to be the public policy of the | 6 | | State of Illinois to promote and encourage each State agency | 7 | | and public institution of higher education to use businesses | 8 | | owned by minorities, women, and persons with disabilities in | 9 | | the area of goods and services, including, but not limited to, | 10 | | insurance services, investment management services, | 11 | | information technology services, accounting services, | 12 | | architectural and engineering services, and legal services. | 13 | | Furthermore, each State agency and public institution of higher | 14 | | education shall utilize such firms to the greatest extent | 15 | | feasible within the bounds of financial and fiduciary prudence, | 16 | | and take affirmative steps to remove any barriers to the full | 17 | | participation of such firms in the procurement and contracting | 18 | | opportunities afforded. | 19 | | (a) When a State agency or public institution of higher | 20 | | education, other than a community college, awards a | 21 | | contract for insurance services, for each State agency or | 22 | | public institution of higher education, it shall be the | 23 | | aspirational goal to use insurance brokers owned by | 24 | | minorities, women, and persons with disabilities as | 25 | | defined by this Act, for not less than 20% of the total |
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| 1 | | annual premiums or fees. | 2 | | (b) When a State agency or public institution of higher | 3 | | education, other than a community college, awards a | 4 | | contract for investment services, for each State agency or | 5 | | public institution of higher education, it shall be the | 6 | | aspirational goal to use emerging investment managers | 7 | | owned by minorities, women, and persons with disabilities | 8 | | as defined by this Act, for not less than 20% of the total | 9 | | funds under management. Furthermore, it is the | 10 | | aspirational goal that not less than 20% of the direct | 11 | | asset managers of the State funds be minorities, women, and | 12 | | persons with disabilities. | 13 | | (c) When a State agency or public institution of higher | 14 | | education, other than a community college, awards | 15 | | contracts for information technology services, accounting | 16 | | services, architectural and engineering services, and | 17 | | legal services, for each State agency and public | 18 | | institution of higher education, it shall be the | 19 | | aspirational goal to use such firms owned by minorities, | 20 | | women, and persons with disabilities as defined by this Act | 21 | | and lawyers who are minorities, women, and persons with | 22 | | disabilities as defined by this Act, for not less than 20% | 23 | | of the total dollar amount of State contracts. In the case | 24 | | of State contracts for architectural and engineering | 25 | | services, the provisions of this subsection (c) requiring a | 26 | | portion of State contracts to be awarded to businesses |
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| 1 | | owned and controlled by persons with disabilities do not | 2 | | apply. | 3 | | (d) When a community college awards a contract for | 4 | | insurance services, investment services, information | 5 | | technology services, accounting services, architectural | 6 | | and engineering services, and legal services, it shall be | 7 | | the aspirational goal of each community college to use | 8 | | businesses owned by minorities, women, and persons with | 9 | | disabilities as defined in this Act for not less than 20% | 10 | | of the total amount spent on contracts for these services | 11 | | collectively. When a community college awards contracts | 12 | | for investment services, contracts awarded to investment | 13 | | managers who are not emerging investment managers as | 14 | | defined in this Act shall not be considered businesses | 15 | | owned by minorities, women, or persons with disabilities | 16 | | for the purposes of this Section. | 17 | | (e) When a State agency or public institution of higher | 18 | | education issues requests for proposals or solicitations, | 19 | | including requests and solicitations for contracts with | 20 | | group purchasing organizations, that fall within a service | 21 | | or product offering that has a history of disparate awards | 22 | | to a class of business owners that are underrepresented in | 23 | | contract awards, it shall be the aspirational goal to use | 24 | | service or product providers owned by minorities, women, | 25 | | and persons with disabilities as defined by this Act for | 26 | | not less than 20% of the total dollar amount of State |
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| 1 | | contracts. If the State agency or public institution of | 2 | | higher education believes that it may be difficult to | 3 | | achieve the minimum 20% aspirational goal, then it may | 4 | | appear before the Council to seek a modification of the | 5 | | goal requirement provided under this paragraph (e). | 6 | | If any State agency or public institution of higher | 7 | | education contract is eligible to be paid for or | 8 | | reimbursed, in whole or in part, with federal-aid funds, | 9 | | grants, or loans, and the provisions of this paragraph (e) | 10 | | would result in the loss of those federal-aid funds, | 11 | | grants, or loans, then the contract is exempt from the | 12 | | provisions of this paragraph (e) in order to remain | 13 | | eligible for those federal-aid funds, grants, or loans. | 14 | | (2) As used in this Section: | 15 | | "Accounting services" means the measurement, | 16 | | processing and communication of financial information | 17 | | about economic entities including, but is not limited to, | 18 | | financial accounting, management accounting, auditing, | 19 | | cost containment and auditing services, taxation and | 20 | | accounting information systems. | 21 | | "Architectural and engineering services" means | 22 | | professional services of an architectural or engineering | 23 | | nature, or incidental services, that members of the | 24 | | architectural and engineering professions, and individuals | 25 | | in their employ, may logically or justifiably perform, | 26 | | including studies, investigations, surveying and mapping, |
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| 1 | | tests, evaluations, consultations, comprehensive planning, | 2 | | program management, conceptual designs, plans and | 3 | | specifications, value engineering, construction phase | 4 | | services, soils engineering, drawing reviews, preparation | 5 | | of operating and maintenance manuals, and other related | 6 | | services. | 7 | | "Emerging investment manager" means an investment | 8 | | manager or claims consultant having assets under | 9 | | management below $10 billion or otherwise adjudicating | 10 | | claims. | 11 | | "Information technology services" means, but is not | 12 | | limited to, specialized technology-oriented solutions by | 13 | | combining the processes and functions of software, | 14 | | hardware, networks, telecommunications, web designers, | 15 | | cloud developing resellers, and electronics. | 16 | | "Insurance broker" means an insurance brokerage firm, | 17 | | claims administrator, or both, that procures, places all | 18 | | lines of insurance, or administers claims with annual | 19 | | premiums or fees of at least $5,000,000 but not more than | 20 | | $10,000,000. | 21 | | "Legal services" means work performed by a lawyer | 22 | | including, but not limited to, contracts in anticipation of | 23 | | litigation, enforcement actions, or investigations. | 24 | | (3) Each State agency and public institution of higher | 25 | | education shall adopt policies that identify its plan and | 26 | | implementation procedures for increasing the use of service |
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| 1 | | firms owned by minorities, women, and persons with | 2 | | disabilities. | 3 | | (4) Except as provided in subsection (5), the Council shall | 4 | | file no later than March 1 of each year an annual report to the | 5 | | Governor and the General Assembly. The report to the General | 6 | | Assembly shall be filed with the Clerk of the House of | 7 | | Representatives and the Secretary of the Senate in electronic | 8 | | form only, in the manner that the Clerk and the Secretary shall | 9 | | direct The report filed with the General Assembly shall be | 10 | | filed as required in Section 3.1 of the General Assembly | 11 | | Organization Act . This report shall: (i) identify the service | 12 | | firms used by each State agency and public institution of | 13 | | higher education, (ii) identify the actions it has undertaken | 14 | | to increase the use of service firms owned by minorities, | 15 | | women, and persons with disabilities, including encouraging | 16 | | non-minority-owned firms to use other service firms owned by | 17 | | minorities, women, and persons with disabilities as | 18 | | subcontractors when the opportunities arise, (iii) state any | 19 | | recommendations made by the Council to each State agency and | 20 | | public institution of higher education to increase | 21 | | participation by the use of service firms owned by minorities, | 22 | | women, and persons with disabilities, and (iv) include the | 23 | | following: | 24 | | (A) For insurance services: the names of the insurance | 25 | | brokers or claims consultants used, the total of risk | 26 | | managed by each State agency and public institution of |
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| 1 | | higher education by insurance brokers, the total | 2 | | commissions, fees paid, or both, the lines or insurance | 3 | | policies placed, and the amount of premiums placed; and the | 4 | | percentage of the risk managed by insurance brokers, the | 5 | | percentage of total commission, fees paid, or both, the | 6 | | lines or insurance policies placed, and the amount of | 7 | | premiums placed with each by the insurance brokers owned by | 8 | | minorities, women, and persons with disabilities by each | 9 | | State agency and public institution of higher education. | 10 | | (B) For investment management services: the names of | 11 | | the investment managers used, the total funds under | 12 | | management of investment managers; the total commissions, | 13 | | fees paid, or both; the total and percentage of funds under | 14 | | management of emerging investment managers owned by | 15 | | minorities, women, and persons with disabilities, | 16 | | including the total and percentage of total commissions, | 17 | | fees paid, or both by each State agency and public | 18 | | institution of higher education. | 19 | | (C) The names of service firms, the percentage and | 20 | | total dollar amount paid for professional services by | 21 | | category by each State agency and public institution of | 22 | | higher education. | 23 | | (D) The names of service firms, the percentage and | 24 | | total dollar amount paid for services by category to firms | 25 | | owned by minorities, women, and persons with disabilities | 26 | | by each State agency and public institution of higher |
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| 1 | | education. | 2 | | (E) The total number of contracts awarded for services | 3 | | by category and the total number of contracts awarded to | 4 | | firms owned by minorities, women, and persons with | 5 | | disabilities by each State agency and public institution of | 6 | | higher education. | 7 | | (5) For community college districts, the Business | 8 | | Enterprise Council shall only report the following information | 9 | | for each community college district: (i) the name of the | 10 | | community colleges in the district, (ii) the name and contact | 11 | | information of a person at each community college appointed to | 12 | | be the single point of contact for vendors owned by minorities, | 13 | | women, or persons with disabilities, (iii) the policy of the | 14 | | community college district concerning certified vendors, (iv) | 15 | | the certifications recognized by the community college | 16 | | district for determining whether a business is owned or | 17 | | controlled by a minority, woman, or person with a disability, | 18 | | (v) outreach efforts conducted by the community college | 19 | | district to increase the use of certified vendors, (vi) the | 20 | | total expenditures by the community college district in the | 21 | | prior fiscal year in the divisions of work specified in | 22 | | paragraphs (a), (b), and (c) of subsection (1) of this Section | 23 | | and the amount paid to certified vendors in those divisions of | 24 | | work, and (vii) the total number of contracts entered into for | 25 | | the divisions of work specified in paragraphs (a), (b), and (c) | 26 | | of subsection (1) of this Section and the total number of |
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| 1 | | contracts awarded to certified vendors providing these | 2 | | services to the community college district. The Business | 3 | | Enterprise Council shall not make any utilization reports under | 4 | | this Act for community college districts for Fiscal Year 2015 | 5 | | and Fiscal Year 2016, but shall make the report required by | 6 | | this subsection for Fiscal Year 2017 and for each fiscal year | 7 | | thereafter. The Business Enterprise Council shall report the | 8 | | information in items (i), (ii), (iii), and (iv) of this | 9 | | subsection beginning in September of 2016. The Business | 10 | | Enterprise Council may collect the data needed to make its | 11 | | report from the Illinois Community College Board. | 12 | | (6) The status of the utilization of services shall be | 13 | | discussed at each of the regularly scheduled Business | 14 | | Enterprise Council meetings. Time shall be allotted for the | 15 | | Council to receive, review, and discuss the progress of the use | 16 | | of service firms owned by minorities, women, and persons with | 17 | | disabilities by each State agency and public institution of | 18 | | higher education; and any evidence regarding past or present | 19 | | racial, ethnic, or gender-based discrimination which directly | 20 | | impacts a State agency or public institution of higher | 21 | | education contracting with such firms. If after reviewing such | 22 | | evidence the Council finds that there is or has been such | 23 | | discrimination against a specific group, race or sex, the | 24 | | Council shall establish sheltered markets or adjust existing | 25 | | sheltered markets tailored to address the Council's specific | 26 | | findings for the divisions of work specified in paragraphs (a), |
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| 1 | | (b), and (c) of subsection (1) of this Section.
| 2 | | (Source: P.A. 99-462, eff. 8-25-15; 99-642, eff. 7-28-16; | 3 | | 100-391, eff. 8-25-17.)
| 4 | | (30 ILCS 575/6) (from Ch. 127, par. 132.606)
| 5 | | (Section scheduled to be repealed on June 30, 2020)
| 6 | | Sec. 6. Agency compliance plans. Each State agency and | 7 | | public institutions of higher education
under the
jurisdiction | 8 | | of this Act
shall file
with the Council an annual compliance | 9 | | plan which shall outline the
goals of the State agency or | 10 | | public institutions of higher education for contracting with | 11 | | businesses owned by minorities, women, and
persons with | 12 | | disabilities for the then current fiscal
year, the manner in | 13 | | which the agency intends to reach these goals and a
timetable | 14 | | for reaching these goals. The Council shall review and approve
| 15 | | the plan of each State agency and public institutions of higher | 16 | | education and may reject any
plan that does
not comply with
| 17 | | this Act or any rules or regulations promulgated pursuant to | 18 | | this Act.
| 19 | | (a) The compliance plan shall also include, but not be | 20 | | limited to, (1) a
policy statement, signed by the State agency | 21 | | or public institution of higher education head,
expressing a
| 22 | | commitment to
encourage the use of
businesses owned by
| 23 | | minorities, women, and persons with disabilities, (2) the | 24 | | designation of
the liaison
officer
provided for in Section 5 of | 25 | | this Act, (3) procedures to distribute to
potential contractors |
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| 1 | | and vendors the list of all businesses legitimately classified | 2 | | as businesses owned by
minorities, women, and persons with | 3 | | disabilities and so certified under
this Act, (4) procedures to | 4 | | set
separate contract goals on specific prime contracts and | 5 | | purchase orders
with subcontracting possibilities based upon | 6 | | the type of work or services
and subcontractor availability, | 7 | | (5) procedures to assure that contractors
and vendors make good | 8 | | faith efforts to meet contract goals, (6) procedures
for | 9 | | contract goal exemption, modification and waiver, and (7) the | 10 | | delineation
of separate contract goals for businesses owned by | 11 | | minorities, women, and persons with
disabilities.
| 12 | | (b) Approval of the compliance plans shall include such | 13 | | delegation of
responsibilities to the requesting State agency | 14 | | or public institution of higher education as
the Council
deems | 15 | | necessary
and appropriate to fulfill the purpose of this Act. | 16 | | Such responsibilities
may include, but need not be limited to | 17 | | those outlined in subsections (1),
(2) and (3) of Section 7, | 18 | | paragraph (a) of Section 8, and Section 8a of this Act.
| 19 | | (c) Each State agency and public institution of higher | 20 | | education under the jurisdiction of
this Act
shall
file with | 21 | | the Council an annual report of its utilization of businesses | 22 | | owned
by minorities, women, and persons with disabilities | 23 | | during the preceding fiscal year including lapse period | 24 | | spending
and a mid-fiscal year report of its utilization to | 25 | | date for the then current
fiscal year. The reports shall | 26 | | include a self-evaluation of the efforts of the
State agency or |
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| 1 | | public institution of higher education to meet its goals under | 2 | | the
Act , as well as a plan to increase the diversity
of the | 3 | | vendors engaged in contracts with the State agency of public | 4 | | institution of higher education, with a particular focus
on | 5 | | those most underrepresented in contract awards .
| 6 | | (d) Notwithstanding any provisions to the contrary in this | 7 | | Act,
any State
agency or public institution of higher education | 8 | | which administers a construction program,
for which federal law | 9 | | or regulations establish standards and procedures for
the | 10 | | utilization of minority-owned and women-owned businesses and | 11 | | disadvantaged businesses,
shall implement a disadvantaged | 12 | | business enterprise program to include minority-owned and | 13 | | women-owned businesses and disadvantaged businesses, using
the | 14 | | federal
standards and procedures for the establishment of goals | 15 | | and
utilization procedures for the State-funded, as well as the | 16 | | federally
assisted, portions of the program. In such cases, | 17 | | these goals shall not
exceed those established pursuant to the | 18 | | relevant federal statutes or
regulations.
Notwithstanding the | 19 | | provisions of Section 8b, the Illinois Department of
| 20 | | Transportation is authorized to establish sheltered markets | 21 | | for the
State-funded portions of the program consistent with | 22 | | federal law and
regulations.
Additionally, a compliance plan | 23 | | which is filed by such State
agency or public institution of | 24 | | higher education pursuant to this Act, which incorporates
| 25 | | equivalent terms and
conditions of its federally-approved | 26 | | compliance plan, shall be deemed
approved under this Act.
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| 1 | | (Source: P.A. 99-462, eff. 8-25-15; 100-391, eff. 8-25-17.)".
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