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

HB2629ham002 102ND GENERAL ASSEMBLY

Rep. William Davis

Filed: 4/20/2021

 

 


 

 


 
10200HB2629ham002LRB102 12939 RJF 25193 a

1
AMENDMENT TO HOUSE BILL 2629

2    AMENDMENT NO. ______. Amend House Bill 2629 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Business Enterprise for Minorities, Women,
5and Persons with Disabilities Act is amended by changing
6Sections 4, 7, and 8 as follows:
 
7    (30 ILCS 575/4)  (from Ch. 127, par. 132.604)
8    (Text of Section before amendment by P.A. 101-657)
9    (Section scheduled to be repealed on June 30, 2024)
10    Sec. 4. Award of State contracts.
11    (a) Except as provided in subsection (b), not less than
1220% of the total dollar amount of State contracts, as defined
13by the Secretary of the Council and approved by the Council,
14shall be established as an aspirational goal to be awarded to
15businesses owned by minorities, women, and persons with
16disabilities; provided, however, that of the total amount of

 

 

10200HB2629ham002- 2 -LRB102 12939 RJF 25193 a

1all State contracts awarded to businesses owned by minorities,
2women, and persons with disabilities pursuant to this Section,
3contracts representing at least 11% shall be awarded to
4businesses owned by minorities, contracts representing at
5least 7% shall be awarded to women-owned businesses, and
6contracts representing at least 2% shall be awarded to
7businesses owned by persons with disabilities.
8    The above percentage relates to the total dollar amount of
9State contracts during each State fiscal year, calculated by
10examining independently each type of contract for each agency
11or public institutions of higher education which lets such
12contracts. Only that percentage of arrangements which
13represents the participation of businesses owned by
14minorities, women, and persons with disabilities on such
15contracts shall be included. State contracts subject to the
16requirements of this Act shall include the requirement that
17only expenditures to businesses owned by minorities, women,
18and persons with disabilities that perform a commercially
19useful function may be counted toward the goals set forth by
20this Act. Contracts shall include a definition of
21"commercially useful function" that is consistent with 49 CFR
2226.55(c).
23    (b) Not less than 20% of the total dollar amount of State
24construction contracts is established as an aspirational goal
25to be awarded to businesses owned by minorities, women, and
26persons with disabilities; provided that, contracts

 

 

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1representing at least 11% of the total dollar amount of State
2construction contracts shall be awarded to businesses owned by
3minorities; contracts representing at least 7% of the total
4dollar amount of State construction contracts shall be awarded
5to women-owned businesses; and contracts representing at least
62% of the total dollar amount of State construction contracts
7shall be awarded to businesses owned by persons with
8disabilities.
9    (c) (Blank).
10    (d) Within one year after April 28, 2009 (the effective
11date of Public Act 96-8), the Department of Central Management
12Services shall conduct a social scientific study that measures
13the impact of discrimination on minority and women business
14development in Illinois. Within 18 months after April 28, 2009
15(the effective date of Public Act 96-8), the Department shall
16issue a report of its findings and any recommendations on
17whether to adjust the goals for minority and women
18participation established in this Act. Copies of this report
19and the social scientific study shall be filed with the
20Governor and the General Assembly.
21    By December 1, 2020, the Department of Central Management
22Services shall conduct a new social scientific study that
23measures the impact of discrimination on minority and women
24business development in Illinois. By June 1, 2022, the
25Department shall issue a report of its findings and any
26recommendations on whether to adjust the goals for minority

 

 

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1and women participation established in this Act. Copies of
2this report and the social scientific study shall be filed
3with the Governor, the Advisory Board, and the General
4Assembly. By December 1, 2022, the Department of Central
5Management Services Business Enterprise Program shall develop
6a model for social scientific disparity study sourcing for
7local governmental units to adapt and implement to address
8regional disparities in public procurement.
9    (e) Except as permitted under this Act or as otherwise
10mandated by federal law or regulation, those who submit bids
11or proposals for State contracts subject to the provisions of
12this Act, whose bids or proposals are successful and include a
13utilization plan but that fail to meet the goals set forth in
14subsection (b) of this Section, shall be notified of that
15deficiency and shall be afforded a period not to exceed 10
16calendar days from the date of notification to cure that
17deficiency in the bid or proposal. The deficiency in the bid or
18proposal may only be cured by contracting with additional
19subcontractors who are owned by minorities or women. Any
20increase in cost to a contract for the addition of a
21subcontractor to cure a bid's deficiency shall not affect the
22bid price, shall not be used in the request for an exemption in
23this Act, and in no case shall an identified subcontractor
24with a certification made pursuant to this Act be terminated
25from the contract without the written consent of the State
26agency or public institution of higher education entering into

 

 

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1the contract.
2    (f) Non-construction solicitations that include Business
3Enterprise Program participation goals shall require bidders
4and offerors to include utilization plans. Utilization plans
5are due at the time of bid or offer submission. Failure to
6complete and include a utilization plan, including
7documentation demonstrating good faith effort when requesting
8a 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;
10101-601, eff. 1-1-20.)
 
11    (Text of Section after amendment by P.A. 101-657)
12    (Section scheduled to be repealed on June 30, 2024)
13    Sec. 4. Award of State contracts.
14    (a) Except as provided in subsection (b), not less than
1530% of the total dollar amount of State contracts, as defined
16by the Secretary of the Council and approved by the Council,
17shall be established as an aspirational goal to be awarded to
18businesses owned by minorities, women, and persons with
19disabilities; provided, however, that of the total amount of
20all State contracts awarded to businesses owned by minorities,
21women, and persons with disabilities pursuant to this Section,
22contracts representing at least 16% shall be awarded to
23businesses owned by minorities, contracts representing at
24least 10% shall be awarded to women-owned businesses, and
25contracts representing at least 4% shall be awarded to

 

 

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1businesses owned by persons with disabilities. Of the 16% of
2contracts awarded to businesses owned by minorities: (i) a
3minimum of 6% of the total dollar amount of State contracts
4must be spent with certified African American Business
5Enterprise Program vendors; and (ii) a minimum of 6% of the
6total dollar amount of State contracts must be spent with
7certified Hispanic Business Enterprise Program vendors.
8    (a-5) In addition to the aspirational goals in awarding
9State contracts set under subsection (a), the Department of
10Central Management Services shall by rule further establish
11committed diversity aspirational goals for State contracts
12awarded to businesses owned by minorities, women, and persons
13with disabilities. Such efforts shall include, but not be
14limited to, further concerted outreach efforts to businesses
15owned by minorities, women, and persons with disabilities.
16    The above percentage relates to the total dollar amount of
17State contracts during each State fiscal year, calculated by
18examining independently each type of contract for each agency
19or public institutions of higher education which lets such
20contracts. Only that percentage of arrangements which
21represents the participation of businesses owned by
22minorities, women, and persons with disabilities on such
23contracts shall be included. State contracts subject to the
24requirements of this Act shall include the requirement that
25only expenditures to businesses owned by minorities, women,
26and persons with disabilities that perform a commercially

 

 

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1useful function may be counted toward the goals set forth by
2this Act. Contracts shall include a definition of
3"commercially useful function" that is consistent with 49 CFR
426.55(c).
5    (b) Not less than 20% of the total dollar amount of State
6construction contracts is established as an aspirational goal
7to be awarded to businesses owned by minorities, women, and
8persons with disabilities; provided that, contracts
9representing at least 11% of the total dollar amount of State
10construction contracts shall be awarded to businesses owned by
11minorities; contracts representing at least 7% of the total
12dollar amount of State construction contracts shall be awarded
13to women-owned businesses; and contracts representing at least
142% of the total dollar amount of State construction contracts
15shall be awarded to businesses owned by persons with
16disabilities.
17    (c) (Blank).
18    (d) Within one year after April 28, 2009 (the effective
19date of Public Act 96-8), the Department of Central Management
20Services shall conduct a social scientific study that measures
21the impact of discrimination on minority and women business
22development in Illinois. Within 18 months after April 28, 2009
23(the effective date of Public Act 96-8), the Department shall
24issue a report of its findings and any recommendations on
25whether to adjust the goals for minority and women
26participation established in this Act. Copies of this report

 

 

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1and the social scientific study shall be filed with the
2Governor and the General Assembly.
3    By December 1, 2020, the Department of Central Management
4Services shall conduct a new social scientific study that
5measures the impact of discrimination on minority and women
6business development in Illinois. By June 1, 2022, the
7Department shall issue a report of its findings and any
8recommendations on whether to adjust the goals for minority
9and women participation established in this Act. Copies of
10this report and the social scientific study shall be filed
11with the Governor and the General Assembly. By December 1,
122022, the Department of Central Management Services Business
13Enterprise Program shall develop a model for social scientific
14disparity study sourcing for local governmental units to adapt
15and implement to address regional disparities in public
16procurement.
17    (e) Except as permitted under this Act or as otherwise
18mandated by federal law or regulation, those who submit bids
19or proposals for State contracts subject to the provisions of
20this Act, whose bids or proposals are successful and include a
21utilization plan but that fail to meet the goals set forth in
22subsection (b) of this Section, shall be notified of that
23deficiency and shall be afforded a period not to exceed 10
24calendar days from the date of notification to cure that
25deficiency in the bid or proposal. The deficiency in the bid or
26proposal may only be cured by contracting with additional

 

 

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1subcontractors who are owned by minorities or women. Any
2increase in cost to a contract for the addition of a
3subcontractor to cure a bid's deficiency shall not affect the
4bid price, shall not be used in the request for an exemption in
5this Act, and in no case shall an identified subcontractor
6with a certification made pursuant to this Act be terminated
7from the contract without the written consent of the State
8agency or public institution of higher education entering into
9the contract. The Commission on Equity and Inclusion shall be
10notified of all utilization plan deficiencies on submitted
11bids or proposals for State contracts under this subsection
12(e).
13    (f) Non-construction solicitations that include Business
14Enterprise Program participation goals shall require bidders
15and offerors to include utilization plans. Utilization plans
16are due at the time of bid or offer submission. Failure to
17complete and include a utilization plan, including
18documentation demonstrating good faith effort when requesting
19a waiver, shall render the bid or offer non-responsive. The
20Commission on Equity and Inclusion shall be notified of all
21bids and offers that fail to include a utilization plan as
22required under this subsection (f).
23    (g) Bids or proposals for State contracts shall be
24examined to determine if the bid or proposal is responsible,
25competitive, and whether the services to be provided are
26likely to be completed based upon the pricing. If the bid or

 

 

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1proposal is responsible, competitive, and the services to be
2provided are likely to be completed based on the prices
3listed, then the bid is deemed responsive. If the bid or
4proposal is not responsible, competitive, and the services to
5be provided are not likely to be completed based on the prices
6listed, then the entire bid is deemed non-responsive. The
7Commission on Equity and Inclusion shall be notified of all
8non-responsive bids or proposals for State contracts under
9this subsection (g).
10(Source: P.A. 100-391, eff. 8-25-17; 101-170, eff. 1-1-20;
11101-601, eff. 1-1-20; 101-657, Article 1, Section 1-5, eff.
121-1-22; 101-657, Article 40, Section 40-130, eff. 1-1-22;
13revised 4-15-21.)
 
14    (30 ILCS 575/7)  (from Ch. 127, par. 132.607)
15    (Text of Section before amendment by P.A. 101-657)
16    (Section scheduled to be repealed on June 30, 2024)
17    Sec. 7. Exemptions; waivers; publication of data.
18    (1) Individual contract exemptions. The Council, at the
19written request of the affected agency, public institution of
20higher education, or recipient of a grant or loan of State
21funds of $250,000 or more complying with Section 45 of the
22State Finance Act, may permit an individual contract or
23contract package, (related contracts being bid or awarded
24simultaneously for the same project or improvements) be made
25wholly or partially exempt from State contracting goals for

 

 

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1businesses owned by minorities, women, and persons with
2disabilities prior to the advertisement for bids or
3solicitation of proposals whenever there has been a
4determination, reduced to writing and based on the best
5information available at the time of the determination, that
6there is an insufficient number of businesses owned by
7minorities, women, and persons with disabilities to ensure
8adequate competition and an expectation of reasonable prices
9on bids or proposals solicited for the individual contract or
10contract package in question. Any such exemptions shall be
11given by the Council to the Bureau on Apprenticeship Programs.
12        (a) Written request for contract exemption. A written
13    request for an individual contract exemption must include,
14    but is not limited to, the following:
15            (i) a list of eligible businesses owned by
16        minorities, women, and persons with disabilities;
17            (ii) a clear demonstration that the number of
18        eligible businesses identified in subparagraph (i)
19        above is insufficient to ensure adequate competition;
20            (iii) the difference in cost between the contract
21        proposals being offered by businesses owned by
22        minorities, women, and persons with disabilities and
23        the agency or public institution of higher education's
24        expectations of reasonable prices on bids or proposals
25        within that class; and
26            (iv) a list of eligible businesses owned by

 

 

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1        minorities, women, and persons with disabilities that
2        the contractor has used in the current and prior
3        fiscal years.
4        (b) Determination. The Council's determination
5    concerning an individual contract exemption must consider,
6    at a minimum, the following:
7            (i) the justification for the requested exemption,
8        including whether diligent efforts were undertaken to
9        identify and solicit eligible businesses owned by
10        minorities, women, and persons with disabilities;
11            (ii) the total number of exemptions granted to the
12        affected agency, public institution of higher
13        education, or recipient of a grant or loan of State
14        funds of $250,000 or more complying with Section 45 of
15        the State Finance Act that have been granted by the
16        Council in the current and prior fiscal years; and
17            (iii) the percentage of contracts awarded by the
18        agency or public institution of higher education to
19        eligible businesses owned by minorities, women, and
20        persons with disabilities in the current and prior
21        fiscal years.
22    (2) Class exemptions.
23        (a) Creation. The Council, at the written request of
24    the affected agency or public institution of higher
25    education, may permit an entire class of contracts be made
26    exempt from State contracting goals for businesses owned

 

 

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1    by minorities, women, and persons with disabilities
2    whenever there has been a determination, reduced to
3    writing and based on the best information available at the
4    time of the determination, that there is an insufficient
5    number of qualified businesses owned by minorities, women,
6    and persons with disabilities to ensure adequate
7    competition and an expectation of reasonable prices on
8    bids or proposals within that class. Any such exemption
9    shall be given by the Council to the Bureau on
10    Apprenticeship Programs.
11        (a-1) Written request for class exemption. A written
12    request for a class exemption must include, but is not
13    limited to, the following:
14            (i) a list of eligible businesses owned by
15        minorities, women, and persons with disabilities;
16            (ii) a clear demonstration that the number of
17        eligible businesses identified in subparagraph (i)
18        above is insufficient to ensure adequate competition;
19            (iii) the difference in cost between the contract
20        proposals being offered by eligible businesses owned
21        by minorities, women, and persons with disabilities
22        and the agency or public institution of higher
23        education's expectations of reasonable prices on bids
24        or proposals within that class; and
25            (iv) the number of class exemptions the affected
26        agency or public institution of higher education

 

 

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1        requested in the current and prior fiscal years.
2        (a-2) Determination. The Council's determination
3    concerning class exemptions must consider, at a minimum,
4    the following:
5            (i) the justification for the requested exemption,
6        including whether diligent efforts were undertaken to
7        identify and solicit eligible businesses owned by
8        minorities, women, and persons with disabilities;
9            (ii) the total number of class exemptions granted
10        to the requesting agency or public institution of
11        higher education that have been granted by the Council
12        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 the current and prior fiscal
17        years.
18        (b) Limitation. Any such class exemption shall not be
19    permitted for a period of more than one year at a time.
20    (3) Waivers. Where a particular contract requires a
21contractor to meet a goal established pursuant to this Act,
22the contractor shall have the right to request a waiver from
23such requirements. The Council shall grant the waiver where
24the contractor demonstrates that there has been made a good
25faith effort to comply with the goals for participation by
26businesses owned by minorities, women, and persons with

 

 

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1disabilities. Any such waiver shall also be transmitted in
2writing to the Bureau on Apprenticeship Programs.
3        (a) Request for waiver. A contractor's request for a
4    waiver under this subsection (3) must include, but is not
5    limited to, the following, if available:
6            (i) a list of eligible businesses owned by
7        minorities, women, and persons with disabilities that
8        pertain to the class of contracts in the requested
9        waiver;
10            (ii) a clear demonstration that the number of
11        eligible businesses identified in subparagraph (i)
12        above is insufficient to ensure competition;
13            (iii) the difference in cost between the contract
14        proposals being offered by businesses owned by
15        minorities, women, and persons with disabilities and
16        the agency or the public institution of higher
17        education's expectations of reasonable prices on bids
18        or proposals within that class; and
19            (iv) a list of businesses owned by minorities,
20        women, and persons with disabilities that the
21        contractor has used in the current and prior fiscal
22        years.
23        (b) Determination. The Council's determination
24    concerning waivers must include following:
25            (i) the justification for the requested waiver,
26        including whether the requesting contractor made a

 

 

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1        good faith effort to identify and solicit eligible
2        businesses owned by minorities, women, and persons
3        with disabilities;
4            (ii) the total number of waivers the contractor
5        has been granted by the Council in the current and
6        prior fiscal years;
7            (iii) the percentage of contracts awarded by the
8        agency or public institution of higher education to
9        eligible businesses owned by minorities, women, and
10        persons with disabilities in the current and prior
11        fiscal years; and
12            (iv) the contractor's use of businesses owned by
13        minorities, women, and persons with disabilities in
14        the current and prior fiscal years.
15    (3.5) (Blank).
16    (4) Conflict with other laws. In the event that any State
17contract, which otherwise would be subject to the provisions
18of this Act, is or becomes subject to federal laws or
19regulations which conflict with the provisions of this Act or
20actions of the State taken pursuant hereto, the provisions of
21the federal laws or regulations shall apply and the contract
22shall be interpreted and enforced accordingly.
23    (5) Each chief procurement officer, as defined in the
24Illinois Procurement Code, shall maintain on his or her
25official Internet website a database of the following: (i)
26waivers granted under this Section with respect to contracts

 

 

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1under his or her jurisdiction; (ii) a State agency or public
2institution of higher education's written request for an
3exemption of an individual contract or an entire class of
4contracts; and (iii) the Council's written determination
5granting or denying a request for an exemption of an
6individual contract or an entire class of contracts. The
7database, which shall be updated periodically as necessary,
8shall be searchable by contractor name and by contracting
9State agency.
10    (6) Each chief procurement officer, as defined by the
11Illinois Procurement Code, shall maintain on its website a
12list of all firms that have been prohibited from bidding,
13offering, or entering into a contract with the State of
14Illinois as a result of violations of this Act.
15    Each public notice required by law of the award of a State
16contract shall include for each bid or offer submitted for
17that contract the following: (i) the bidder's or offeror's
18name, (ii) the bid amount, (iii) the name or names of the
19certified firms identified in the bidder's or offeror's
20submitted utilization plan, and (iv) the bid's amount and
21percentage of the contract awarded to businesses owned by
22minorities, women, and persons with disabilities identified in
23the utilization plan.
24(Source: P.A. 100-391, eff. 8-25-17; 101-170, eff. 1-1-20;
25101-601, eff. 1-1-20.)
 

 

 

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1    (Text of Section after amendment by P.A. 101-657)
2    (Section scheduled to be repealed on June 30, 2024)
3    Sec. 7. Exemptions; waivers; publication of data.
4    (1) Individual contract exemptions. The Council, at the
5written request of the affected agency, public institution of
6higher education, or recipient of a grant or loan of State
7funds of $250,000 or more complying with Section 45 of the
8State Finance Act, may permit an individual contract or
9contract package, (related contracts being bid or awarded
10simultaneously for the same project or improvements) be made
11wholly or partially exempt from State contracting goals for
12businesses owned by minorities, women, and persons with
13disabilities prior to the advertisement for bids or
14solicitation of proposals whenever there has been a
15determination, reduced to writing and based on the best
16information available at the time of the determination, that
17there is an insufficient number of businesses owned by
18minorities, women, and persons with disabilities to ensure
19adequate competition and an expectation of reasonable prices
20on bids or proposals solicited for the individual contract or
21contract package in question. Any such exemptions shall be
22given by the Council to the Bureau on Apprenticeship Programs.
23        (a) Written request for contract exemption. A written
24    request for an individual contract exemption must include,
25    but is not limited to, the following:
26            (i) a list of eligible businesses owned by

 

 

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

 

 

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

 

 

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

 

 

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1        persons with disabilities the current and prior fiscal
2        years.
3        (b) Limitation. Any such class exemption shall not be
4    permitted for a period of more than one year at a time.
5    (3) Waivers. Where a particular contract requires a
6contractor to meet a goal established pursuant to this Act,
7the contractor shall have the right to request from the
8Council, in consultation with the Commission, a waiver from
9such requirements. The Council may grant the waiver only upon
10a demonstration by the contractor of unreasonable responses to
11the request for proposals given the class of contract. Any
12such waiver shall also be transmitted in writing to the Bureau
13on Apprenticeship Programs.
14        (a) Request for waiver. A contractor's request for a
15    waiver under this subsection (3) must include, but is not
16    limited to, the following, if available:
17            (i) a list of eligible businesses owned by
18        minorities, women, and persons with disabilities that
19        pertain to the class of contracts in the requested
20        waiver. Eligible businesses are only eligible if the
21        business is certified for the products or work
22        advertised in the solicitation;
23            (ii) (blank);
24            (iii) the difference in cost between the contract
25        proposals being offered by businesses owned by
26        minorities, women, and persons with disabilities and

 

 

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

 

 

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

 

 

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1contract shall include for each bid or offer submitted for
2that contract the following: (i) the bidder's or offeror's
3name, (ii) the bid amount, (iii) the name or names of the
4certified firms identified in the bidder's or offeror's
5submitted utilization plan, and (iv) the bid's amount and
6percentage of the contract awarded to businesses owned by
7minorities, women, and persons with disabilities identified in
8the utilization plan.
9(Source: P.A. 100-391, eff. 8-25-17; 101-170, eff. 1-1-20;
10101-601, eff. 1-1-20; 101-657, eff. 1-1-22.)
 
11    (30 ILCS 575/8)  (from Ch. 127, par. 132.608)
12    (Text of Section before amendment by P.A. 101-657)
13    (Section scheduled to be repealed on June 30, 2024)
14    Sec. 8. Enforcement.
15    (1) The Council shall make such findings, recommendations
16and proposals to the Governor as are necessary and appropriate
17to enforce this Act. If, as a result of its monitoring
18activities, the Council determines that its goals and policies
19are not being met by any State agency or public institution of
20higher education, the Council may recommend any or all of the
21following actions:
22        (a) Establish enforcement procedures whereby the
23    Council may recommend to the appropriate State agency,
24    public institutions of higher education, or law
25    enforcement officer that legal or administrative remedies

 

 

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

 

 

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

 

 

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1material breach of the contract and entitle the State agency
2or public institution of higher education to declare a
3default, terminate the contract, or exercise those remedies
4provided for in the contract, at law, or in equity.
5    (3) A vendor shall be in breach of the contract and may be
6subject to penalties for failure to meet contract goals
7established under this Act, unless the vendor can show that it
8made good faith efforts to meet the contract goals.
9(Source: P.A. 99-462, eff. 8-25-15; 100-391, eff. 8-25-17.)
 
10    (Text of Section after amendment by P.A. 101-657)
11    (Section scheduled to be repealed on June 30, 2024)
12    Sec. 8. Enforcement.
13    (1) The Commission on Equity and Inclusion shall make such
14findings, recommendations and proposals to the Governor as are
15necessary and appropriate to enforce this Act. If, as a result
16of its monitoring activities, the Commission determines that
17its goals and policies are not being met by any State agency or
18public institution of higher education, the Commission may
19recommend any or all of the following actions:
20        (a) Establish enforcement procedures whereby the
21    Commission may recommend to the appropriate State agency,
22    public institutions of higher education, or law
23    enforcement officer that legal or administrative remedies
24    be initiated for violations of contract provisions or
25    rules issued hereunder or by a contracting State agency or

 

 

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

 

 

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

 

 

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1default, terminate the contract, or exercise those remedies
2provided for in the contract, at law, or in equity.
3    (3) Prior to the expiration or termination of a contract,
4State agencies and public institutions of higher education
5shall evaluate the contractor's fulfillment of the contract
6goals for participation by businesses owned by minorities,
7women, and persons with disabilities. The agency or public
8institution of higher education shall prepare a report of the
9vendor's compliance with the contract goals and file it with
10the Secretary of the Council. If the Secretary of the Council
11determines that the vendor did not fulfill the contract goals,
12the vendor shall be in breach of the contract and may be
13subject to remedies or sanctions unless the vendor can show
14that it made good faith efforts to meet the contract goals.
15Such remedies or sanctions for failing to make good faith
16efforts may include (i) disqualification of the contractor
17from doing business with the State for a period of no more than
18one year or (ii) cancellation, without any penalty to the
19State, of any contract entered into by the vendor. The
20Business Enterprise Council shall develop procedures for
21determining whether a vendor has made good faith efforts to
22meet the contract goals upon the expiration or termination of
23a contract. A vendor shall be in breach of the contract and may
24be subject to penalties for failure to meet contract goals
25established under this Act, unless the vendor can show that it
26made good faith efforts to meet the contract goals.

 

 

10200HB2629ham002- 32 -LRB102 12939 RJF 25193 a

1(Source: P.A. 100-391, eff. 8-25-17; 101-657, eff. 1-1-22.)
 
2    Section 95. No acceleration or delay. Where this Act makes
3changes in a statute that is represented in this Act by text
4that is not yet or no longer in effect (for example, a Section
5represented by multiple versions), the use of that text does
6not accelerate or delay the taking effect of (i) the changes
7made by this Act or (ii) provisions derived from any other
8Public Act. Removes requirement that eligible businesses are
9only eligible if the business is certified for the products or
10work advertised in the solicitation.".