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Public Act 098-0670
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| SB2761 Enrolled | LRB098 16261 MLW 51320 b |
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Department of Transportation Law of the
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Civil Administrative Code of Illinois is amended by changing |
Section 2705-600 as follows:
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(20 ILCS 2705/2705-600) |
(Section scheduled to be repealed on June 30, 2014)
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Sec. 2705-600. Target market program. In order to remedy |
particular incidents and patterns of egregious race or gender |
discrimination, the chief procurement officer, in consultation |
with the Department, shall have the power to implement a target |
market program incorporating the following terms: |
(0.5) Each fiscal year, the Department shall review any |
and all evidence of discrimination related to |
transportation construction projects. Evidence of |
discrimination may include, but is not limited to: (i) the |
determination of the Department's utilization of |
minority-owned and female-owned firms in its prime |
contracts and associated subcontracts; (ii) the |
availability of minority-owned and female-owned firms in |
the Department's geographic market areas and specific |
construction industry markets; (iii) any disparities |
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between the utilization of minority-owned and female-owned |
firms in the Department's markets and the utilization of |
those firms on the Department's prime contracts and |
subcontracts in those markets; (iv) any disparities |
between the utilization of minority-owned and female-owned |
firms in the overall construction markets in which the |
Department purchases and the utilization of those firms in |
the overall construction economy in which the Department |
operates; (v) evidence of discrimination in the rates at |
which minority-owned and female-owned firms in the |
Department's markets form businesses compared to similar |
non-minority-owned and non-female-owned firms in the |
Department's markets and in the dollars earned by such |
businesses; and (vi) quantitative and qualitative |
anecdotal evidence of discrimination. If after reviewing |
such evidence, the Department finds and the chief |
procurement officer concurs in the findings that the |
Department has a strong basis in evidence that it has a |
compelling interest in remedying the identified |
discrimination against a specific group, race, or gender, |
and that the only remedy for such discrimination is a |
narrowly tailored target market, the chief procurement |
officer, in consultation with the Department, has the power |
to establish and implement a target market program tailored |
to address the specific findings of egregious |
discrimination made by the Department, after a public |
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hearing at which minority, female, and general contractor |
groups, community organizations, and other interested |
parties shall have the opportunity to provide comments. |
(1) In January of each year, the Department and the |
chief procurement officer shall report jointly to the |
General Assembly the results of any evidentiary inquiries |
or studies that establish the Department's compelling |
interest in remedying egregious discrimination based upon |
strong evidence of the need for a narrowly tailored target |
market to remedy such discrimination and public hearings |
held pursuant to this Section, and shall report the actions |
to be taken to address the findings, including, if |
warranted, the establishment and implementation of any |
target market initiatives. |
(2) The chief procurement officer shall work with the |
officers and divisions of the Department to determine the |
appropriate designation of contracts as target market |
contracts. The chief procurement officer, in consultation |
with the Department, shall determine appropriate contract |
formation and bidding procedures for target market |
contracts, including, but not limited to, the dividing of |
procurements so designated into contract award units in |
order to facilitate offers or bids from minority-owned |
businesses and female-owned businesses and the removal of |
bid bond requirements for minority-owned businesses and |
female-owned businesses. Minority-owned businesses and |
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female-owned businesses shall remain eligible to seek the |
procurement award of contracts that have not been |
designated as target market contracts. |
(3) The chief procurement officer may make |
participation in the target market program dependent upon |
submission to stricter compliance audits than are |
generally applicable. No contract shall be eligible for |
inclusion in the target market program unless the |
Department determines that there are at least 3 |
minority-owned businesses or female-owned businesses |
interested in participating in that type of contract. The |
Department, with the concurrence of the chief procurement |
officer, may develop guidelines to regulate the level of |
participation of individual minority-owned businesses and |
female-owned businesses in the target market program in |
order to prevent the domination of the target market |
program by a small number of those entities. The Department |
may require minority-owned businesses and female-owned |
businesses to participate in training programs offered by |
the Department or other State agencies as a condition |
precedent to participation in the target market program. |
(4) Participation in the target market program shall be |
limited to minority-owned businesses and female-owned |
businesses and joint ventures consisting exclusively of |
minority-owned businesses, female-owned businesses, or |
both, that are certified as disadvantaged businesses |
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pursuant to the provisions of Section 6(d) of the Business |
Enterprise for Minorities, Females, and Persons with |
Disabilities Act. A firm awarded a target market contract |
may subcontract up to 50% of the dollar value of the target |
market contract to subcontractors who are not |
minority-owned businesses or female-owned businesses. |
(5) The Department may include in the target market |
program contracts that are funded by the federal government |
to the extent allowed by federal law and may vary the |
standards of eligibility of the target market program to |
the extent necessary to comply with the federal funding |
requirements. |
(6) If no satisfactory bid or response is received with |
respect to a contract that has been designated as part of |
the target market program, the chief procurement officer, |
in consultation with the Department, may delete that |
contract from the target market program. In addition, the |
chief procurement officer, in consultation with the |
Department, may thereupon designate and set aside for the |
target market program additional contracts corresponding |
in approximate value to the contract that was deleted from |
the target market program, in keeping with the narrowly |
tailored process used for selecting contracts suitable for |
the program and to the extent feasible. |
(7) The chief procurement officer, in consultation |
with the Department, shall promulgate such rules as he or |
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she deems necessary to administer the target market |
program.
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If any part, sentence, or clause of this Section is for any |
reason held invalid or to be unconstitutional, such decision |
shall not affect the validity of the remaining portions of this |
Section. |
This Section is repealed on June 30, 2017 2014. |
(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793 |
for the effective date of P.A. 96-795); 97-228, eff. 7-28-11.)
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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