Full Text of HB2629 102nd General Assembly
HB2629ham001 102ND GENERAL ASSEMBLY | Rep. William Davis Filed: 3/22/2021
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| 1 | | AMENDMENT TO HOUSE BILL 2629
| 2 | | AMENDMENT NO. ______. Amend House Bill 2629 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Business Enterprise for Minorities, Women, | 5 | | and Persons with
Disabilities Act is amended by changing | 6 | | Sections 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| 8 | | (Section scheduled to be repealed on June 30, 2024) | 9 | | Sec. 2.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 | 11 | | have 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 |
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| 1 | | and South America, including Central America, and who | 2 | | maintains tribal affiliation or community attachment). | 3 | | (b) Asian (a person having origins in any of the | 4 | | original peoples of the Far East, Southeast Asia, or | 5 | | the Indian subcontinent, including, but not limited | 6 | | to, Cambodia, China, India, Japan, Korea, Malaysia, | 7 | | Pakistan, the Philippine Islands, Thailand, and | 8 | | Vietnam). | 9 | | (c) Black or African American (a person having | 10 | | origins in any of the black racial groups of Africa). | 11 | | (d) Hispanic or Latino (a person of Cuban, | 12 | | Mexican, Puerto Rican, South or Central American, or | 13 | | other Spanish culture or origin, regardless of race). | 14 | | (e) Native Hawaiian or Other Pacific Islander (a | 15 | | person having origins in any of the original peoples | 16 | | of Hawaii, Guam, Samoa, or other Pacific Islands).
| 17 | | (2) "Woman" shall mean a person who is a citizen or | 18 | | lawful permanent
resident of the United States and who is | 19 | | of the female gender.
| 20 | | (2.05) "Person with a disability" means a person who | 21 | | is a citizen or
lawful resident of the United States and is | 22 | | a person qualifying as a person with a disability under | 23 | | subdivision (2.1) of this subsection (A).
| 24 | | (2.1) "Person with a disability" means a person with a | 25 | | severe physical or mental disability that:
| 26 | | (a) results from:
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| 1 | | amputation,
| 2 | | arthritis,
| 3 | | autism,
| 4 | | blindness,
| 5 | | burn injury,
| 6 | | cancer,
| 7 | | cerebral palsy,
| 8 | | Crohn's disease, | 9 | | cystic fibrosis,
| 10 | | deafness,
| 11 | | head injury,
| 12 | | heart disease,
| 13 | | hemiplegia,
| 14 | | hemophilia,
| 15 | | respiratory or pulmonary dysfunction,
| 16 | | an intellectual disability,
| 17 | | mental illness,
| 18 | | multiple sclerosis,
| 19 | | muscular dystrophy,
| 20 | | musculoskeletal disorders,
| 21 | | neurological disorders, including stroke and | 22 | | epilepsy,
| 23 | | paraplegia,
| 24 | | quadriplegia and other spinal cord conditions,
| 25 | | sickle cell anemia,
| 26 | | ulcerative colitis, |
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| 1 | | specific learning disabilities, or
| 2 | | end stage renal failure disease; and
| 3 | | (b) substantially limits one or more of the | 4 | | person's major life activities.
| 5 | | Another disability or combination of disabilities may | 6 | | also be considered
as a severe disability for the purposes | 7 | | of item (a) of this
subdivision (2.1) if it is determined | 8 | | by an evaluation of
rehabilitation potential to
cause a | 9 | | comparable degree of substantial functional limitation | 10 | | similar to
the specific list of disabilities listed in | 11 | | item (a) of this
subdivision (2.1).
| 12 | | (3) "Minority-owned business" means a business which | 13 | | is at least
51% owned by one or more minority persons, or | 14 | | in the case of a
corporation, at least 51% of the stock in | 15 | | which is owned by one or
more minority persons; and the | 16 | | management and daily business operations of
which are | 17 | | controlled by one or more of the minority individuals who | 18 | | own it.
| 19 | | (4) "Women-owned business" means a business which is | 20 | | at least
51% owned by one or more women, or, in the case of | 21 | | a corporation, at
least 51% of the stock in which is owned | 22 | | by one or more women; and the
management and daily | 23 | | business operations of which are controlled by one or
more | 24 | | of the women who own it.
| 25 | | (4.1) "Business owned by a person with a disability" | 26 | | means a business
that is at least 51% owned by one or more |
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| 1 | | persons with a disability
and the management and daily | 2 | | business operations of which
are controlled by one or more | 3 | | of the persons with disabilities who own it. A
| 4 | | not-for-profit agency for persons with disabilities that | 5 | | is exempt from
taxation under Section 501 of the Internal | 6 | | Revenue Code of 1986 is also
considered a "business owned | 7 | | by a person with a disability".
| 8 | | (4.2) "Council" means the Business Enterprise Council | 9 | | for Minorities, Women, and Persons with Disabilities | 10 | | created under Section 5 of this Act.
| 11 | | (5) "State contracts" means all contracts entered into | 12 | | by the State, any agency or department thereof, or any | 13 | | public institution of higher education, including | 14 | | community college districts, regardless of the source of | 15 | | the funds with which the contracts are paid, which are not | 16 | | subject to federal reimbursement. "State contracts" does | 17 | | not include contracts awarded by a retirement system, | 18 | | pension fund, or investment board subject to Section | 19 | | 1-109.1 of the Illinois Pension Code. This definition | 20 | | shall control over any existing definition under this Act | 21 | | or applicable administrative rule.
| 22 | | "State construction contracts" means all State | 23 | | contracts entered
into by a State agency or public | 24 | | institution of higher education for the repair, | 25 | | remodeling,
renovation or
construction of a building or | 26 | | structure, or for the construction or
maintenance of a |
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| 1 | | highway defined in Article 2 of the Illinois Highway
Code.
| 2 | | (6) "State agencies" shall mean all departments, | 3 | | officers, boards,
commissions, institutions and bodies | 4 | | politic and corporate of the State,
but does not include | 5 | | the Board of Trustees of the University of Illinois,
the | 6 | | Board of Trustees of Southern Illinois University,
the | 7 | | Board of Trustees
of Chicago State University, the Board | 8 | | of Trustees of Eastern Illinois
University, the Board of | 9 | | Trustees of Governors State University, the Board of
| 10 | | Trustees of Illinois State University, the Board of | 11 | | Trustees of Northeastern
Illinois
University, the Board of | 12 | | Trustees of Northern Illinois University, the Board of
| 13 | | Trustees of Western Illinois University,
municipalities or | 14 | | other local governmental units, or other State | 15 | | constitutional
officers.
| 16 | | (7) "Public institutions of higher education" means | 17 | | the University of Illinois, Southern Illinois University, | 18 | | Chicago State University, Eastern Illinois University, | 19 | | Governors State University, Illinois State University, | 20 | | Northeastern Illinois University, Northern Illinois | 21 | | University, Western Illinois University, the public | 22 | | community colleges of the State, and any other public | 23 | | universities, colleges, and community colleges now or | 24 | | hereafter established or authorized by the General | 25 | | Assembly.
| 26 | | (8) "Certification" means a determination made by the |
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| 1 | | Council
or by one delegated authority from the Council to | 2 | | make certifications, or by
a State agency with statutory | 3 | | authority to make such a certification, that a
business | 4 | | entity is a business owned by a
minority, woman, or person | 5 | | with a disability for whatever
purpose. A business owned | 6 | | and controlled by women shall be certified as a | 7 | | "woman-owned business". A business owned and controlled by | 8 | | women who are also minorities shall be certified as both a | 9 | | "women-owned business" and a "minority-owned business".
| 10 | | (9) "Control" means the exclusive or ultimate and sole | 11 | | control of the
business including, but not limited to, | 12 | | capital investment and all other
financial matters, | 13 | | property, acquisitions, contract negotiations, legal
| 14 | | matters, officer-director-employee selection and | 15 | | comprehensive hiring,
operating responsibilities, | 16 | | cost-control matters, income and dividend
matters, | 17 | | financial transactions and rights of other shareholders or | 18 | | joint
partners. Control shall be real, substantial and | 19 | | continuing, not pro forma.
Control shall include the power | 20 | | to direct or cause the direction of the
management and | 21 | | policies of the business and to make the day-to-day as | 22 | | well
as major decisions in matters of policy, management | 23 | | and operations.
Control shall be exemplified by possessing | 24 | | the requisite knowledge and
expertise to run the | 25 | | particular business and control shall not include
simple | 26 | | majority or absentee ownership.
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| 1 | | (10) "Business" means a business that has annual gross | 2 | | sales of less than $75,000,000 as evidenced by the federal | 3 | | income tax return of the business. A firm with gross sales | 4 | | in excess of this cap may apply to the Council for | 5 | | certification for a particular contract if the firm can | 6 | | demonstrate that the contract would have significant | 7 | | impact on businesses owned by minorities, women, or | 8 | | persons with disabilities as suppliers or subcontractors | 9 | | or in employment of minorities, women, or persons with | 10 | | disabilities.
| 11 | | (11) "Utilization plan" means a form and additional | 12 | | documentations included in all bids or proposals that | 13 | | demonstrates a vendor's proposed utilization of vendors | 14 | | certified by the Business Enterprise Program to meet the | 15 | | targeted goal. The utilization plan shall demonstrate that | 16 | | the Vendor has either: (1) met the entire contract goal or | 17 | | (2) requested a full or partial waiver and made good faith | 18 | | efforts towards meeting the goal . | 19 | | (12) "Business Enterprise Program" means the Business | 20 | | Enterprise Program of the Department of Central Management | 21 | | Services. | 22 | | (B) When a business is owned at least 51% by any | 23 | | combination of
minority persons, women, or persons with | 24 | | disabilities,
even though none of the 3 classes alone holds at | 25 | | least a 51% interest, the
ownership
requirement for purposes | 26 | | of this Act is considered to be met. The
certification |
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| 1 | | category for the business is that of the class holding the
| 2 | | largest ownership
interest in the business. If 2 or more | 3 | | classes have equal ownership interests,
the certification | 4 | | category shall be determined by
the business.
| 5 | | (Source: P.A. 100-391, eff. 8-25-17; 101-601, eff. 1-1-20.)
| 6 | | (30 ILCS 575/4) (from Ch. 127, par. 132.604)
| 7 | | (Section scheduled to be repealed on June 30, 2024)
| 8 | | Sec. 4. Award of State contracts.
| 9 | | (a) Except as provided in subsection (b), not less than 7% | 10 | | 20% of
the total dollar amount of State contracts, as defined | 11 | | by the Secretary of
the Council and approved by the Council, | 12 | | shall be established as an aspirational goal to
be awarded to | 13 | | businesses owned by women, and not less than 2% of the total | 14 | | dollar amount of State Contracts shall be established as an | 15 | | aspirational goal to be awarded to businesses owned by persons | 16 | | with disabilities. minorities,
women, and persons with | 17 | | disabilities; provided, however, that
of the total amount of | 18 | | all
State contracts awarded to businesses owned by
minorities, | 19 | | women, and persons with disabilities pursuant to
this Section, | 20 | | contracts representing at least 11% shall be awarded to | 21 | | businesses owned by minorities, contracts representing at | 22 | | least 7% shall be awarded to women-owned businesses, and | 23 | | contracts representing at least 2% shall be awarded to | 24 | | businesses owned by persons with disabilities.
| 25 | | Additionally, not less than 40% of the total dollar amount |
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| 1 | | of State Contracts, as defined by the Secretary of the Council | 2 | | and approved by the Council, shall be established as an | 3 | | aspirational goal to be awarded to businesses owned by | 4 | | minorities; provided however, that of the total amount of all | 5 | | State contracts awarded to businesses owned by minorities, | 6 | | contracts representing at least 20% shall be awarded to | 7 | | businesses owned by black or African American persons. | 8 | | The above percentage relates to the total dollar amount of | 9 | | State
contracts during each State fiscal year, calculated by | 10 | | examining
independently each type of contract for each agency | 11 | | or public institutions of higher education which
lets such | 12 | | contracts. Only that percentage of arrangements which | 13 | | represents the participation of businesses owned by
| 14 | | minorities, women, and persons with disabilities on such | 15 | | contracts shall
be included. State contracts subject to the | 16 | | requirements of this Act shall include the requirement that | 17 | | only expenditures to businesses owned by minorities, women, | 18 | | and persons with disabilities that perform a commercially | 19 | | useful function may be counted toward the goals set forth by | 20 | | this Act. Contracts shall include a definition of | 21 | | "commercially useful function" that is consistent with 49 CFR | 22 | | 26.55(c).
| 23 | | (b) Not less
than 20% of the total dollar amount of State | 24 | | construction contracts is
established as an aspirational goal | 25 | | to be awarded to businesses owned by minorities, women, and | 26 | | persons with disabilities; provided that, contracts |
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| 1 | | representing at least 11% of the total dollar amount of State | 2 | | construction contracts shall be awarded to businesses owned by | 3 | | minorities; contracts representing at least 7% of the total | 4 | | dollar amount of State construction contracts shall be awarded | 5 | | to women-owned businesses; and contracts representing at least | 6 | | 2% of the total dollar amount of State construction contracts | 7 | | shall be awarded to businesses owned by persons with | 8 | | disabilities.
| 9 | | (c) (Blank). | 10 | | (d) Within one year after April 28, 2009 (the effective | 11 | | date of Public Act 96-8), the Department of Central Management | 12 | | Services shall conduct a social scientific study that measures | 13 | | the impact of discrimination on minority and women business | 14 | | development in Illinois. Within 18 months after April 28, 2009 | 15 | | (the effective date of Public Act 96-8), the Department shall | 16 | | issue a report of its findings and any recommendations on | 17 | | whether to adjust the goals for minority and women | 18 | | participation established in this Act. Copies of this report | 19 | | and the social scientific study shall be filed with the | 20 | | Governor and the General Assembly. | 21 | | By December 1, 2020, the Department of Central Management | 22 | | Services shall conduct a new social scientific study that | 23 | | measures the impact of discrimination on minority and women | 24 | | business development in Illinois. By June 1, 2022, the | 25 | | Department shall issue a report of its findings and any | 26 | | recommendations on whether to adjust the goals for minority |
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| 1 | | and women participation established in this Act. Copies of | 2 | | this report and the social scientific study shall be filed | 3 | | with the Governor , the Advisory Board, and the General | 4 | | Assembly. By December 1, 2022, the Department of Central | 5 | | Management Services Business Enterprise Program shall develop | 6 | | a model for social scientific disparity study sourcing for | 7 | | local governmental units to adapt and implement to address | 8 | | regional disparities in public procurement. | 9 | | (e) Except as permitted under this Act or as otherwise | 10 | | mandated by federal law or regulation, those who submit bids | 11 | | or proposals for State contracts subject to the provisions of | 12 | | this Act, whose bids or proposals are successful and include a | 13 | | utilization plan but that fail to meet the goals set forth in | 14 | | subsection (b) of this Section, shall be notified of that | 15 | | deficiency and shall be afforded a period not to exceed 10 | 16 | | calendar days from the date of notification to cure that | 17 | | deficiency in the bid or proposal. The deficiency in the bid or | 18 | | proposal may only be cured by contracting with additional | 19 | | subcontractors who are owned by minorities or women. Any | 20 | | increase in cost to
a contract for the addition of a | 21 | | subcontractor to cure a bid's deficiency shall not affect the | 22 | | bid price,
shall not be used in the request for an exemption in | 23 | | this Act, and in no case shall an identified subcontractor | 24 | | with a certification made pursuant to this Act be terminated | 25 | | from the contract without the written consent of the State | 26 | | agency or public institution of higher education entering into |
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| 1 | | the contract. | 2 | | (f) Non-construction solicitations that include Business | 3 | | Enterprise Program participation goals shall require bidders | 4 | | and offerors to include utilization plans. Utilization plans | 5 | | are due at the time of bid or offer submission. Failure to | 6 | | complete and include a utilization plan , including | 7 | | documentation demonstrating good faith effort when requesting | 8 | | a waiver, shall render the bid or offer non-responsive. | 9 | | (Source: P.A. 100-391, eff. 8-25-17; 101-170, eff. 1-1-20; | 10 | | 101-601, eff. 1-1-20; revised 10-26-20.) | 11 | | (30 ILCS 575/7) (from Ch. 127, par. 132.607) | 12 | | (Section scheduled to be repealed on June 30, 2024) | 13 | | Sec. 7. Exemptions; waivers; publication of data. | 14 | | (1) Individual contract exemptions.
The Council, at the | 15 | | written request of the affected agency,
public institution of | 16 | | higher education, or recipient of a grant or loan of State | 17 | | funds of $250,000 or more complying with Section 45 of the | 18 | | State Finance Act, may permit an individual contract or | 19 | | contract package,
(related contracts being bid or awarded | 20 | | simultaneously for the same project
or improvements) be made | 21 | | wholly or partially exempt from State contracting
goals for | 22 | | businesses owned by
minorities, women, and persons with | 23 | | disabilities prior to the advertisement
for bids or | 24 | | solicitation of proposals whenever there has been a
| 25 | | determination, reduced to writing and based on the best |
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| 1 | | information
available at the time of the determination, that | 2 | | there is an insufficient
number of businesses owned by | 3 | | minorities, women, and persons with disabilities to ensure | 4 | | adequate
competition and an expectation of reasonable prices | 5 | | on bids or proposals
solicited for the individual contract or | 6 | | contract package in question. Any such exemptions shall be | 7 | | given by
the Council to the Bureau on Apprenticeship Programs. | 8 | | (a) Written request for contract exemption. A written | 9 | | request for an individual contract exemption must include, | 10 | | but is not limited to, the following: | 11 | | (i) a list of eligible businesses owned by | 12 | | minorities, women, and persons with disabilities; | 13 | | (ii) a clear demonstration that the number of | 14 | | eligible businesses identified in subparagraph (i) | 15 | | above is insufficient to ensure adequate competition; | 16 | | (iii) the difference in cost between the contract | 17 | | proposals being offered by businesses owned by | 18 | | minorities, women, and persons with disabilities and | 19 | | the agency or public institution of higher education's | 20 | | expectations of reasonable prices on bids or proposals | 21 | | within that class; and | 22 | | (iv) a list of eligible businesses owned by | 23 | | minorities, women, and persons with
disabilities that | 24 | | the contractor has used in the current and prior | 25 | | fiscal years. | 26 | | (b) Determination. The Council's determination |
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| 1 | | concerning an individual contract exemption must consider, | 2 | | at a minimum, the following: | 3 | | (i) the justification for the requested exemption, | 4 | | including whether diligent efforts were undertaken to | 5 | | identify and solicit eligible businesses owned by | 6 | | minorities, women, and persons with disabilities; | 7 | | (ii) the total number of exemptions granted to the | 8 | | affected agency, public institution of higher | 9 | | education, or recipient of a grant or loan of State | 10 | | funds of $250,000 or more complying with Section 45 of | 11 | | the State Finance Act that have been granted by the | 12 | | Council in the current and prior fiscal years; and | 13 | | (iii) the percentage of contracts awarded by the | 14 | | agency or public institution of higher education to | 15 | | eligible businesses owned by minorities, women, and | 16 | | persons with disabilities in the current and prior | 17 | | fiscal years. | 18 | | (2) Class exemptions. | 19 | | (a) Creation. The Council, at the written request of | 20 | | the affected agency or public institution of higher | 21 | | education, may permit an entire
class of
contracts be made | 22 | | exempt from State
contracting goals for businesses owned | 23 | | by minorities, women, and persons
with disabilities | 24 | | whenever there has been a determination, reduced to
| 25 | | writing and based on the best information available at the | 26 | | time of the
determination, that there is an insufficient |
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| 1 | | number of qualified businesses owned by minorities, women, | 2 | | and persons with
disabilities to ensure adequate | 3 | | competition and an
expectation of reasonable prices on | 4 | | bids or proposals within that class. Any such exemption | 5 | | shall be given by
the Council to the Bureau on | 6 | | Apprenticeship Programs. | 7 | | (a-1) Written request for class exemption. A written | 8 | | request for a class exemption must include, but is not | 9 | | limited to, the following: | 10 | | (i) a list of eligible businesses owned by | 11 | | minorities, women, and persons with disabilities; | 12 | | (ii) a clear demonstration that the number of | 13 | | eligible businesses identified in subparagraph (i) | 14 | | above is insufficient to ensure adequate competition; | 15 | | (iii) the difference in cost between the contract | 16 | | proposals being offered by eligible businesses owned | 17 | | by minorities, women, and persons with disabilities | 18 | | and the agency or public institution of higher | 19 | | education's expectations of reasonable prices on bids | 20 | | or proposals within that class; and | 21 | | (iv) the number of class exemptions the affected | 22 | | agency or public institution
of higher education | 23 | | requested in the current and prior fiscal years. | 24 | | (a-2) Determination. The Council's determination | 25 | | concerning class exemptions must consider, at a minimum, | 26 | | the following: |
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| 1 | | (i) the justification for the requested exemption, | 2 | | including whether diligent efforts were undertaken to | 3 | | identify and solicit eligible businesses owned by | 4 | | minorities, women, and persons with disabilities; | 5 | | (ii) the total number of class exemptions granted | 6 | | to the requesting agency or public institution of | 7 | | higher education that have been granted by the Council | 8 | | in the current and prior fiscal years; and | 9 | | (iii) the percentage of contracts awarded by the | 10 | | agency or public institution of higher education to | 11 | | eligible businesses owned by minorities, women, and | 12 | | persons with disabilities the current and prior fiscal | 13 | | years. | 14 | | (b) Limitation. Any such class exemption shall not be | 15 | | permitted for a
period of more than one year at a time. | 16 | | (3) (Blank). Waivers. Where a particular contract requires | 17 | | a contractor to meet
a goal established pursuant to this Act, | 18 | | the contractor shall have the right
to request a waiver from | 19 | | such requirements. The Council shall grant the
waiver where | 20 | | the contractor demonstrates that there has been made a good
| 21 | | faith effort to comply with the goals for
participation by | 22 | | businesses owned by minorities, women, and persons with
| 23 | | disabilities. Any such waiver shall also be
transmitted in | 24 | | writing to the Bureau on Apprenticeship Programs. | 25 | | (a) Request for waiver. A contractor's request for a | 26 | | waiver under this subsection (3) must include, but is not |
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| 1 | | limited to, the following, if available: | 2 | | (i) a list of eligible businesses owned by | 3 | | minorities, women, and persons with disabilities that | 4 | | pertain to the class of contracts in the requested | 5 | | waiver; | 6 | | (ii) a clear demonstration that the number of | 7 | | eligible businesses identified in subparagraph (i) | 8 | | above is insufficient to ensure competition; | 9 | | (iii) the difference in cost between the contract | 10 | | proposals being offered by businesses owned by | 11 | | minorities, women, and persons with disabilities and | 12 | | the agency or the public institution of higher | 13 | | education's expectations of reasonable prices on bids | 14 | | or proposals within that class; and | 15 | | (iv) a list of businesses owned by minorities, | 16 | | women, and persons with disabilities that the | 17 | | contractor has used in the current and prior fiscal | 18 | | years. | 19 | | (b) Determination. The Council's determination | 20 | | concerning waivers must include following: | 21 | | (i) the justification for the requested waiver, | 22 | | including whether the requesting contractor made a | 23 | | good faith effort to identify and solicit eligible | 24 | | businesses owned by minorities, women, and persons | 25 | | with disabilities; | 26 | | (ii) the total number of waivers the contractor |
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| 1 | | has been granted by the Council in the current and | 2 | | prior fiscal years; | 3 | | (iii) the percentage of contracts awarded by the | 4 | | agency or public institution of higher education to | 5 | | eligible businesses owned by minorities, women, and | 6 | | persons with disabilities in the current and prior | 7 | | fiscal years; and | 8 | | (iv) the contractor's use of businesses owned by | 9 | | minorities, women, and persons with disabilities in | 10 | | the current and prior fiscal years. | 11 | | (3.5) (Blank). | 12 | | (4) Conflict with other laws. In the event that any State | 13 | | contract, which
otherwise would be subject to the provisions | 14 | | of this Act, is or becomes
subject to federal laws or | 15 | | regulations which conflict with the provisions
of this Act or | 16 | | actions of the State taken pursuant hereto, the provisions
of | 17 | | the federal laws or regulations shall apply and the contract | 18 | | shall be
interpreted and enforced accordingly. | 19 | | (5) Each chief procurement officer, as defined in the | 20 | | Illinois Procurement Code, shall maintain on his or her | 21 | | official Internet website a database of the following: (i) | 22 | | waivers granted under this Section with respect to contracts | 23 | | under his or her jurisdiction; (ii) a State agency or public | 24 | | institution of higher education's written request for an | 25 | | exemption of an individual contract or an entire class of | 26 | | contracts; and (iii) the Council's written determination |
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| 1 | | granting or denying a request for an exemption of an | 2 | | individual contract or an entire class of contracts. The | 3 | | database, which shall be updated periodically as necessary, | 4 | | shall be searchable by contractor name and by contracting | 5 | | State agency. | 6 | | (6) Each chief procurement officer, as defined by the | 7 | | Illinois Procurement Code, shall maintain on its website a | 8 | | list of all firms that have been prohibited from bidding, | 9 | | offering, or entering into a contract with the State of | 10 | | Illinois as a result of violations of this Act. | 11 | | Each public notice required by law of the award of a State | 12 | | contract shall include for each bid or offer submitted for | 13 | | that contract the following: (i) the bidder's or offeror's | 14 | | name, (ii) the bid amount, (iii) the name or names of the | 15 | | certified firms identified in the bidder's or offeror's | 16 | | submitted utilization plan, and (iv) the bid's amount and | 17 | | percentage of the contract awarded to businesses owned by | 18 | | minorities, women, and persons with disabilities identified in | 19 | | the utilization plan. | 20 | | (Source: P.A. 100-391, eff. 8-25-17; 101-170, eff. 1-1-20; | 21 | | 101-601, eff. 1-1-20.)
| 22 | | (30 ILCS 575/8) (from Ch. 127, par. 132.608)
| 23 | | (Section scheduled to be repealed on June 30, 2024)
| 24 | | Sec. 8. Enforcement. | 25 | | (1) The Council shall make such findings, recommendations
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| 1 | | and proposals to the Governor as are necessary and appropriate | 2 | | to enforce
this Act. If, as a result of its monitoring | 3 | | activities, the Council determines
that its goals and policies | 4 | | are not being met by any State agency or public institution of | 5 | | higher education,
the Council
may recommend any or all of the | 6 | | following actions:
| 7 | | (a) Establish enforcement procedures whereby the | 8 | | Council may recommend
to the appropriate State agency, | 9 | | public institutions of higher education, or law | 10 | | enforcement
officer that legal or
administrative remedies | 11 | | be initiated for violations of contract provisions
or | 12 | | rules issued hereunder or by a contracting State agency or | 13 | | public institutions of higher education. State agencies | 14 | | and public institutions of higher education
shall be | 15 | | authorized to adopt remedies for such violations which | 16 | | shall include
(1) termination of the contract involved, | 17 | | (2) prohibition of participation
of the respondents in | 18 | | public contracts for a period not to exceed one year,
(3) | 19 | | imposition of a penalty not to exceed any profit acquired | 20 | | as a result
of violation, or (4) any combination thereof.
| 21 | | (b) If the Council concludes that a compliance plan | 22 | | submitted under Section
6 is unlikely to produce the
| 23 | | participation
goals for businesses owned by minorities, | 24 | | women, and persons with
disabilities within the then | 25 | | current fiscal year, the Council may recommend
that
the | 26 | | State agency or public institution of higher education |
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| 1 | | revise its plan to provide
additional
opportunities
for | 2 | | participation by businesses owned by minorities, women, | 3 | | and persons with disabilities. Such recommended revisions | 4 | | may
include, but shall not be limited to, the following:
| 5 | | (i) assurances of stronger and better focused | 6 | | solicitation efforts to
obtain more businesses owned | 7 | | by minorities, women, and persons with disabilities as | 8 | | potential sources of
supply;
| 9 | | (ii) division of job or project requirements, when | 10 | | economically feasible,
into tasks or quantities to | 11 | | permit participation of
businesses owned by | 12 | | minorities, women, and persons with disabilities;
| 13 | | (iii) elimination of extended experience or | 14 | | capitalization requirements,
when programmatically | 15 | | feasible, to permit participation of businesses owned | 16 | | by minorities, women, and persons with
disabilities;
| 17 | | (iv) identification of specific proposed contracts | 18 | | as particularly
attractive or appropriate for | 19 | | participation by
businesses owned by minorities, | 20 | | women, and persons with disabilities,
such | 21 | | identification to result from and be coupled with the
| 22 | | efforts of subparagraphs
(i) through (iii);
| 23 | | (v) implementation of those regulations | 24 | | established for the use of the
sheltered market | 25 | | process.
| 26 | | (2) State agencies and public institutions of higher |
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| 1 | | education shall review a vendor's compliance with its | 2 | | utilization plan and the terms of its contract. Without | 3 | | limitation, a vendor's failure to comply with its contractual | 4 | | commitments as contained in the utilization plan; failure to | 5 | | cooperate in providing information regarding its compliance | 6 | | with its utilization plan; or the provision of false or | 7 | | misleading information or statements concerning compliance, | 8 | | certification status, or eligibility of the Business | 9 | | Enterprise Program-certified vendor, good faith efforts, or | 10 | | any other material fact or representation shall constitute a | 11 | | material breach of the contract and entitle the State agency | 12 | | or public institution of higher education to declare a | 13 | | default, terminate the contract, or exercise those remedies | 14 | | provided for in the contract, at law, or in equity. | 15 | | (3) A vendor shall be in breach of the contract and may be | 16 | | subject to penalties for failure to meet contract goals | 17 | | established under this Act . Any vendor failing to meet the | 18 | | contract goals established under this Act shall return all | 19 | | funds which were allocated for, but not awarded to, | 20 | | women-owned businesses, businesses owned by persons with | 21 | | disabilities, minority-owned businesses, and black-owned and | 22 | | African American owned businesses , unless the vendor can show | 23 | | that it made good faith efforts to meet the contract goals . | 24 | | (Source: P.A. 99-462, eff. 8-25-15; 100-391, eff. 8-25-17 .)
| 25 | | (30 ILCS 575/8f)
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| 1 | | (Section scheduled to be repealed on June 30, 2024)
| 2 | | Sec. 8f. Annual report. The Council shall file no later | 3 | | than March 1
of each year, an annual report that shall detail | 4 | | the level of achievement
toward the
goals specified in this | 5 | | Act over the 3 most recent fiscal years. The annual
report | 6 | | shall include, but need not be limited to the following:
| 7 | | (1) a summary detailing expenditures subject to the | 8 | | goals, the
actual goals specified, and the goals attained | 9 | | by each State agency and public institution of higher | 10 | | education;
| 11 | | (2) a summary of the number of contracts awarded and | 12 | | the average contract
amount by each State agency and | 13 | | public institution of higher education;
| 14 | | (3) an analysis of the level of overall goal | 15 | | achievement concerning
purchases
from minority-owned | 16 | | businesses, black and African American owned businesses, | 17 | | women-owned businesses, and businesses owned by
persons | 18 | | with disabilities;
| 19 | | (4) an analysis of the number of businesses owned by | 20 | | minorities, black and African American persons, women,
and | 21 | | persons with disabilities that are certified under the | 22 | | program as well as
the number of those businesses that | 23 | | received State procurement contracts; and
| 24 | | (5) a summary of the number of contracts awarded to | 25 | | businesses with annual
gross sales of less than | 26 | | $1,000,000; of $1,000,000 or more, but less than
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| 1 | | $5,000,000; of
$5,000,000 or more, but less than | 2 | | $10,000,000; and of $10,000,000 or more ; .
| 3 | | (6) the total procurement budget of the State and the | 4 | | percentage of the State budget spent on procurement; | 5 | | (7) the amount of revenue procured by minority-owned | 6 | | businesses, black and African American owned businesses, | 7 | | women-owned businesses, and businesses owned by persons | 8 | | with disabilities; | 9 | | (8) the number of contracts awarded to minority-owned | 10 | | businesses, black and African American owned businesses, | 11 | | women-owned businesses, and businesses owned by persons | 12 | | with disabilities; | 13 | | (9) the amount of State funds paid to contractors and | 14 | | the amount of said funds paid to minority-owned | 15 | | businesses, black and African American owned businesses, | 16 | | women-owned businesses, and businesses owned by persons | 17 | | with disabilities; and | 18 | | (10) the number of times State contracts were clawed | 19 | | back because a contractor did not meet the contracting | 20 | | goals established under this Act. | 21 | | (Source: P.A. 99-462, eff. 8-25-15; 100-391, eff. 8-25-17 .)".
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