Bill Text: IL HB4846 | 2023-2024 | 103rd General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Reinserts the provisions of the introduced bill with changes. Further amends the Business Enterprise for Minorities, Women, and Persons with Disabilities Act to define the term "goal". Removes provisions from the introduced bill providing that no State agency or public institution of higher education shall maintain a policy of establishing contract specific goals for the participation of certified vendors that is inconsistent with or less stringent than the uniform standards for calculating contract specific goals established by the Business Enterprise Program. Removes provisions requiring State agencies and public institutions of higher education to submit reports to the Business Enterprise Council. Removes provisions from the introduced bill concerning procedures for determining whether a vendor has made good faith efforts to meet the contract goals. Provides that the Business Enterprise Program may (in the introduced bill, shall) establish uniform standards for calculating contract specific Business Enterprise Program goals for State contracts and State construction contracts. Provides that, for the purposes of those provisions, the terms "State contract" and "State construction contract" do not include grants from State agencies to grantees for capital improvements or operational expenses.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Engrossed) 2024-05-20 - Referred to Assignments [HB4846 Detail]
Download: Illinois-2023-HB4846-Introduced.html
Bill Title: Reinserts the provisions of the introduced bill with changes. Further amends the Business Enterprise for Minorities, Women, and Persons with Disabilities Act to define the term "goal". Removes provisions from the introduced bill providing that no State agency or public institution of higher education shall maintain a policy of establishing contract specific goals for the participation of certified vendors that is inconsistent with or less stringent than the uniform standards for calculating contract specific goals established by the Business Enterprise Program. Removes provisions requiring State agencies and public institutions of higher education to submit reports to the Business Enterprise Council. Removes provisions from the introduced bill concerning procedures for determining whether a vendor has made good faith efforts to meet the contract goals. Provides that the Business Enterprise Program may (in the introduced bill, shall) establish uniform standards for calculating contract specific Business Enterprise Program goals for State contracts and State construction contracts. Provides that, for the purposes of those provisions, the terms "State contract" and "State construction contract" do not include grants from State agencies to grantees for capital improvements or operational expenses.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Engrossed) 2024-05-20 - Referred to Assignments [HB4846 Detail]
Download: Illinois-2023-HB4846-Introduced.html
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1 | AN ACT concerning finance.
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2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The Business Enterprise for Minorities, Women, | |||||||||||||||||||||||||
5 | and Persons with Disabilities Act is amended by changing | |||||||||||||||||||||||||
6 | Sections 5, 7, and 8 and by adding Section 3.5 as follows:
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7 | (30 ILCS 575/3.5 new) | |||||||||||||||||||||||||
8 | Sec. 3.5. Uniform standard of contract goals. | |||||||||||||||||||||||||
9 | (a) The Business Enterprise Program shall establish | |||||||||||||||||||||||||
10 | uniform standards for calculating contract specific Business | |||||||||||||||||||||||||
11 | Enterprise Program goals for all State contracts and State | |||||||||||||||||||||||||
12 | construction contracts subject to this Act. The uniform | |||||||||||||||||||||||||
13 | standards may consider normal industry practice, the scope of | |||||||||||||||||||||||||
14 | the work to be performed under a contract, the availability of | |||||||||||||||||||||||||
15 | vendors that are able to perform the scope of the work to be | |||||||||||||||||||||||||
16 | performed under a contract, the availability of certified | |||||||||||||||||||||||||
17 | vendors that are able to perform the work to be performed under | |||||||||||||||||||||||||
18 | a contract, and the State's progress to date toward meeting | |||||||||||||||||||||||||
19 | the aspirational goals set forth in this Act. | |||||||||||||||||||||||||
20 | (b) No State agency or public institution of higher | |||||||||||||||||||||||||
21 | education shall maintain a policy of establishing contract | |||||||||||||||||||||||||
22 | specific goals for the participation of certified vendors that | |||||||||||||||||||||||||
23 | is inconsistent with or less stringent than the uniform |
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1 | standards for calculating contract specific goals established | ||||||
2 | by the Business Enterprise Program. | ||||||
3 | (c) Each State agency and public institution of higher | ||||||
4 | education subject to the requirements of this Act shall, on an | ||||||
5 | annual basis, submit a report to the Council detailing its | ||||||
6 | plan to meet the aspirational contract goals established under | ||||||
7 | this Act and established for that agency and institution.
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8 | (30 ILCS 575/5) (from Ch. 127, par. 132.605) | ||||||
9 | (Section scheduled to be repealed on June 30, 2029) | ||||||
10 | Sec. 5. Business Enterprise Council. | ||||||
11 | (1) To help implement, monitor, and enforce the goals of | ||||||
12 | this Act, there is created the Business Enterprise Council for | ||||||
13 | Minorities, Women, and Persons with Disabilities, hereinafter | ||||||
14 | referred to as the Council, composed of the Chairperson of the | ||||||
15 | Commission on Equity and Inclusion, the Secretary of Human | ||||||
16 | Services and the Directors of the Department of Human Rights, | ||||||
17 | the Department of Commerce and Economic Opportunity, the | ||||||
18 | Department of Central Management Services, the Department of | ||||||
19 | Transportation and the Capital Development Board, or their | ||||||
20 | duly appointed representatives, with the Comptroller, or his | ||||||
21 | or her designee, serving as an advisory member of the Council. | ||||||
22 | Ten individuals representing businesses that are | ||||||
23 | minority-owned, women-owned, or owned by persons with | ||||||
24 | disabilities, 2 individuals representing the business | ||||||
25 | community, and a representative of public institutions of |
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1 | higher education shall be appointed by the Governor. These | ||||||
2 | members shall serve 2-year terms and shall be eligible for | ||||||
3 | reappointment. Any vacancy occurring on the Council shall also | ||||||
4 | be filled by the Governor. Any member appointed to fill a | ||||||
5 | vacancy occurring prior to the expiration of the term for | ||||||
6 | which his or her predecessor was appointed shall be appointed | ||||||
7 | for the remainder of such term. Members of the Council shall | ||||||
8 | serve without compensation but shall be reimbursed for any | ||||||
9 | ordinary and necessary expenses incurred in the performance of | ||||||
10 | their duties. | ||||||
11 | The Chairperson of the Commission shall serve as the | ||||||
12 | Council chairperson and shall select, subject to approval of | ||||||
13 | the Council, a Secretary responsible for the operation of the | ||||||
14 | program who shall serve as the Division Manager of the | ||||||
15 | Business Enterprise for Minorities, Women, and Persons with | ||||||
16 | Disabilities Division of the Commission on Equity and | ||||||
17 | Inclusion. | ||||||
18 | The Director of each State agency and the chief executive | ||||||
19 | officer of each public institution of higher education shall | ||||||
20 | appoint a liaison to the Council. The liaison shall be | ||||||
21 | responsible for submitting to the Council any reports and | ||||||
22 | documents necessary under this Act. | ||||||
23 | (2) The Council's authority and responsibility shall be | ||||||
24 | to: | ||||||
25 | (a) Devise a certification procedure to assure that | ||||||
26 | businesses taking advantage of this Act are legitimately |
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1 | classified as businesses owned by minorities, women, or | ||||||
2 | persons with disabilities and a registration procedure to | ||||||
3 | recognize, without additional evidence of Business | ||||||
4 | Enterprise Program eligibility, the certification of | ||||||
5 | businesses owned by minorities, women, or persons with | ||||||
6 | disabilities certified by the City of Chicago, Cook | ||||||
7 | County, or other jurisdictional programs with requirements | ||||||
8 | and procedures equaling or exceeding those in this Act. | ||||||
9 | (b) Maintain a list of all businesses legitimately | ||||||
10 | classified as businesses owned by minorities, women, or | ||||||
11 | persons with disabilities to provide to State agencies and | ||||||
12 | public institutions of higher education. | ||||||
13 | (c) Review rules and regulations for the | ||||||
14 | implementation of the program for businesses owned by | ||||||
15 | minorities, women, and persons with disabilities. | ||||||
16 | (d) Review compliance plans submitted by each State | ||||||
17 | agency and public institution of higher education pursuant | ||||||
18 | to this Act. | ||||||
19 | (e) Make annual reports as provided in Section 8f to | ||||||
20 | the Governor and the General Assembly on the status of the | ||||||
21 | program. | ||||||
22 | (f) Serve as a central clearinghouse for information | ||||||
23 | on State contracts, including the maintenance of a list of | ||||||
24 | all pending State contracts upon which businesses owned by | ||||||
25 | minorities, women, and persons with disabilities may bid. | ||||||
26 | At the Council's discretion, maintenance of the list may |
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1 | include 24-hour electronic access to the list along with | ||||||
2 | the bid and application information. | ||||||
3 | (g) Establish a toll-free telephone number to | ||||||
4 | facilitate information requests concerning the | ||||||
5 | certification process and pending contracts. | ||||||
6 | (h) Adopt a procedure to grant automatic certification | ||||||
7 | to businesses holding a certification from at least one of | ||||||
8 | the following entities: (i) the Illinois Unified | ||||||
9 | Certification Program; (ii) the Women's Business | ||||||
10 | Development Center in Chicago; (iii) the Chicago Minority | ||||||
11 | Supplier Development Council; or (iv) any other similar | ||||||
12 | entity offering such certification to businesses. | ||||||
13 | (i) Develop and maintain a repository for | ||||||
14 | non-certified vendors that: (i) have applied for | ||||||
15 | certification and have been denied; (ii) have started, but | ||||||
16 | not completed, the certification process; (iii) have | ||||||
17 | achieved certification, but did not seek renewal; or (iv) | ||||||
18 | are known businesses owned by minorities, women, or | ||||||
19 | persons with disabilities. | ||||||
20 | (3) No premium bond rate of a surety company for a bond | ||||||
21 | required of a business owned by a minority, woman, or person | ||||||
22 | with a disability bidding for a State contract shall be higher | ||||||
23 | than the lowest rate charged by that surety company for a | ||||||
24 | similar bond in the same classification of work that would be | ||||||
25 | written for a business not owned by a minority, woman, or | ||||||
26 | person with a disability. |
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1 | (4) Any Council member who has direct financial or | ||||||
2 | personal interest in any measure pending before the Council | ||||||
3 | shall disclose this fact to the Council and refrain from | ||||||
4 | participating in the determination upon such measure. | ||||||
5 | (5) The Secretary shall have the following duties and | ||||||
6 | responsibilities: | ||||||
7 | (a) To be responsible for the day-to-day operation of | ||||||
8 | the Council. | ||||||
9 | (b) To serve as a coordinator for all of the State's | ||||||
10 | programs for businesses owned by minorities, women, and | ||||||
11 | persons with disabilities and as the information and | ||||||
12 | referral center for all State initiatives for businesses | ||||||
13 | owned by minorities, women, and persons with disabilities. | ||||||
14 | (c) To establish an enforcement procedure whereby the | ||||||
15 | Council may recommend to the appropriate State legal | ||||||
16 | officer that the State exercise its legal remedies which | ||||||
17 | shall include (1) termination of the contract involved, | ||||||
18 | (2) prohibition of participation by the respondent in | ||||||
19 | State public contracts for a period not to exceed 3 years, | ||||||
20 | (3) imposition of a penalty in the amount of the | ||||||
21 | discrepancy between the commitment contained in the | ||||||
22 | utilization plan, as such amount may be amended over the | ||||||
23 | term of the contract, and the qualifying payments made to | ||||||
24 | the eligible certified vendors listed in the utilization | ||||||
25 | plan a penalty not to exceed any profit acquired as a | ||||||
26 | result of violation , or (4) any combination thereof. Such |
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1 | procedures shall require prior approval by Council. All | ||||||
2 | funds collected as penalties under this subsection shall | ||||||
3 | be used exclusively for maintenance and further | ||||||
4 | development of the Business Enterprise Program and | ||||||
5 | encouragement of participation in State procurement by | ||||||
6 | minorities, women, and persons with disabilities. | ||||||
7 | (d) To devise appropriate policies, regulations, and | ||||||
8 | procedures for including participation by businesses owned | ||||||
9 | by minorities, women, and persons with disabilities as | ||||||
10 | prime contractors, including, but not limited to: (i) | ||||||
11 | encouraging the inclusions of qualified businesses owned | ||||||
12 | by minorities, women, and persons with disabilities on | ||||||
13 | solicitation lists, (ii) investigating the potential of | ||||||
14 | blanket bonding programs for small construction jobs, and | ||||||
15 | (iii) investigating and making recommendations concerning | ||||||
16 | the use of the sheltered market process. | ||||||
17 | (e) To devise procedures for the waiver of the | ||||||
18 | participation goals in appropriate circumstances. | ||||||
19 | (f) To accept donations and, with the approval of the | ||||||
20 | Council or the Chairperson of the Commission on Equity and | ||||||
21 | Inclusion, grants related to the purposes of this Act; to | ||||||
22 | conduct seminars related to the purpose of this Act and to | ||||||
23 | charge reasonable registration fees; and to sell | ||||||
24 | directories, vendor lists, and other such information to | ||||||
25 | interested parties, except that forms necessary to become | ||||||
26 | eligible for the program shall be provided free of charge |
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1 | to a business or individual applying for the Business | ||||||
2 | Enterprise Program. | ||||||
3 | (Source: P.A. 101-601, eff. 1-1-20; 101-657, eff. 1-1-22; | ||||||
4 | 102-29, eff. 6-25-21; 102-558, eff. 8-20-21; 102-721, eff. | ||||||
5 | 1-1-23 .)
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6 | (30 ILCS 575/7) (from Ch. 127, par. 132.607) | ||||||
7 | (Section scheduled to be repealed on June 30, 2029) | ||||||
8 | Sec. 7. Exemptions; waivers; publication of data. | ||||||
9 | (1) Individual contract exemptions. The Council, at the | ||||||
10 | written request of the affected agency, public institution of | ||||||
11 | higher education, or recipient of a grant or loan of State | ||||||
12 | funds of $250,000 or more complying with Section 45 of the | ||||||
13 | State Finance Act, may permit an individual contract or | ||||||
14 | contract package, (related contracts being bid or awarded | ||||||
15 | simultaneously for the same project or improvements) be made | ||||||
16 | wholly or partially exempt from State contracting goals for | ||||||
17 | businesses owned by minorities, women, and persons with | ||||||
18 | disabilities prior to the advertisement for bids or | ||||||
19 | solicitation of proposals whenever there has been a | ||||||
20 | determination, reduced to writing and based on the best | ||||||
21 | information available at the time of the determination, that | ||||||
22 | there is an insufficient number of businesses owned by | ||||||
23 | minorities, women, and persons with disabilities to ensure | ||||||
24 | adequate competition and an expectation of reasonable prices | ||||||
25 | on bids or proposals solicited for the individual contract or |
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1 | contract package in question. Any such exemptions shall be | ||||||
2 | given by the Council to the Bureau on Apprenticeship Programs | ||||||
3 | and Clean Energy Jobs. | ||||||
4 | (a) Written request for contract exemption. A written | ||||||
5 | request for an individual contract exemption must include, | ||||||
6 | but is not limited to, the following: | ||||||
7 | (i) a list of eligible businesses owned by | ||||||
8 | minorities, women, and persons with disabilities; | ||||||
9 | (ii) a clear demonstration that the number of | ||||||
10 | eligible businesses identified in subparagraph (i) | ||||||
11 | above is insufficient to ensure adequate competition; | ||||||
12 | (iii) the difference in cost between the contract | ||||||
13 | proposals being offered by businesses owned by | ||||||
14 | minorities, women, and persons with disabilities and | ||||||
15 | the agency or public institution of higher education's | ||||||
16 | expectations of reasonable prices on bids or proposals | ||||||
17 | within that class; and | ||||||
18 | (iv) a list of eligible businesses owned by | ||||||
19 | minorities, women, and persons with disabilities that | ||||||
20 | the contractor has used in the current and prior | ||||||
21 | fiscal years. | ||||||
22 | (b) Determination. The Council's determination | ||||||
23 | concerning an individual contract exemption must consider, | ||||||
24 | at a minimum, the following: | ||||||
25 | (i) the justification for the requested exemption, | ||||||
26 | including whether diligent efforts were undertaken to |
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1 | identify and solicit eligible businesses owned by | ||||||
2 | minorities, women, and persons with disabilities; | ||||||
3 | (ii) the total number of exemptions granted to the | ||||||
4 | affected agency, public institution of higher | ||||||
5 | education, or recipient of a grant or loan of State | ||||||
6 | funds of $250,000 or more complying with Section 45 of | ||||||
7 | the State Finance Act that have been granted by the | ||||||
8 | Council 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 in the current and prior | ||||||
13 | fiscal years. | ||||||
14 | (2) Class exemptions. | ||||||
15 | (a) Creation. The Council, at the written request of | ||||||
16 | the affected agency or public institution of higher | ||||||
17 | education, may permit an entire class of contracts be made | ||||||
18 | exempt from State contracting goals for businesses owned | ||||||
19 | by minorities, women, and persons with disabilities | ||||||
20 | whenever there has been a determination, reduced to | ||||||
21 | writing and based on the best information available at the | ||||||
22 | time of the determination, that there is an insufficient | ||||||
23 | number of qualified businesses owned by minorities, women, | ||||||
24 | and persons with disabilities to ensure adequate | ||||||
25 | competition and an expectation of reasonable prices on | ||||||
26 | bids or proposals within that class. Any such exemption |
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1 | shall be given by the Council to the Bureau on | ||||||
2 | Apprenticeship Programs and Clean Energy Jobs. | ||||||
3 | (a-1) Written request for class exemption. A written | ||||||
4 | request for a class exemption must include, but is not | ||||||
5 | limited to, the following: | ||||||
6 | (i) a list of eligible businesses owned by | ||||||
7 | minorities, women, and persons with disabilities; | ||||||
8 | (ii) a clear demonstration that the number of | ||||||
9 | eligible businesses identified in subparagraph (i) | ||||||
10 | above is insufficient to ensure adequate competition; | ||||||
11 | (iii) the difference in cost between the contract | ||||||
12 | proposals being offered by eligible businesses owned | ||||||
13 | by minorities, women, and persons with disabilities | ||||||
14 | and the agency or public institution of higher | ||||||
15 | education's expectations of reasonable prices on bids | ||||||
16 | or proposals within that class; and | ||||||
17 | (iv) the number of class exemptions the affected | ||||||
18 | agency or public institution of higher education | ||||||
19 | requested in the current and prior fiscal years. | ||||||
20 | (a-2) Determination. The Council's determination | ||||||
21 | concerning class exemptions must consider, at a minimum, | ||||||
22 | the following: | ||||||
23 | (i) the justification for the requested exemption, | ||||||
24 | including whether diligent efforts were undertaken to | ||||||
25 | identify and solicit eligible businesses owned by | ||||||
26 | minorities, women, and persons with disabilities; |
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1 | (ii) the total number of class exemptions granted | ||||||
2 | to the requesting agency or public institution of | ||||||
3 | higher education that have been granted by the Council | ||||||
4 | in the current and prior fiscal years; and | ||||||
5 | (iii) the percentage of contracts awarded by the | ||||||
6 | agency or public institution of higher education to | ||||||
7 | eligible businesses owned by minorities, women, and | ||||||
8 | persons with disabilities the current and prior fiscal | ||||||
9 | years. | ||||||
10 | (b) Limitation. Any such class exemption shall not be | ||||||
11 | permitted for a period of more than one year at a time. | ||||||
12 | (3) Waivers. Where a particular contract requires a vendor | ||||||
13 | to meet a goal established pursuant to this Act, the vendor | ||||||
14 | shall have the right to request a waiver from such | ||||||
15 | requirements prior to the contract award. The Business | ||||||
16 | Enterprise Program shall evaluate a vendor's request for a | ||||||
17 | waiver based on the vendor's documented good faith efforts to | ||||||
18 | meet the contract-specific Business Enterprise Program goal. | ||||||
19 | The Council may shall grant the waiver when the contractor | ||||||
20 | demonstrates that there has been made a good faith effort to | ||||||
21 | comply with the goals for participation by businesses owned by | ||||||
22 | minorities, women, and persons with disabilities. Any such | ||||||
23 | waiver may shall also be transmitted in writing to the Bureau | ||||||
24 | on Apprenticeship Programs and Clean Energy Jobs. | ||||||
25 | (a) Request for waiver. A vendor's request for a | ||||||
26 | waiver under this subsection (3) must include, but is not |
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1 | limited to, the following: | ||||||
2 | (i) a list of eligible businesses owned by | ||||||
3 | minorities, women, and persons with disabilities that | ||||||
4 | pertain to the the class of contracts in the requested | ||||||
5 | waiver that were contracted contacted by the vendor. | ||||||
6 | Eligible businesses are only eligible if the business | ||||||
7 | is certified for the products or work advertised in | ||||||
8 | the solicitation or bid; | ||||||
9 | (ii) (blank); | ||||||
10 | (iia) a clear demonstration that the vendor | ||||||
11 | selected portions of the work to be performed by | ||||||
12 | certified vendors to facilitate meeting the contract | ||||||
13 | specific goal, and that certified vendors that have | ||||||
14 | the capability to perform the work of the contract | ||||||
15 | were solicited through all reasonable and available | ||||||
16 | means; | ||||||
17 | (iib) documentation demonstrating that certified | ||||||
18 | vendors are not rejected as being unqualified without | ||||||
19 | sound reasons based on a thorough investigation of | ||||||
20 | their capabilities. The certified vendor's standing | ||||||
21 | within its industry, membership in specific groups, | ||||||
22 | organizations, or associations, and political or | ||||||
23 | social affiliations are not legitimate causes for | ||||||
24 | rejecting or not contacting or negotiating with a | ||||||
25 | certified vendor; | ||||||
26 | (iic) proof that the prime vendor solicited |
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1 | eligible certified vendors with: (1) sufficient time | ||||||
2 | to respond; (2) adequate information about the scope, | ||||||
3 | specifications, and requirements of the solicitation | ||||||
4 | or bid, including plans, drawings, and addenda, to | ||||||
5 | allow eligible businesses an opportunity to respond to | ||||||
6 | the solicitation or bid; and (3) sufficient follow up | ||||||
7 | with certified vendors; | ||||||
8 | (iid) a clear demonstration that the prime vendor | ||||||
9 | communicated with certified vendors; | ||||||
10 | (iie) evidence that the prime vendor negotiated | ||||||
11 | with certified vendors to enter into subcontracts to | ||||||
12 | provide a commercially useful function of the contract | ||||||
13 | for a reasonable cost; | ||||||
14 | (iii) documentation demonstrating that the | ||||||
15 | difference in cost between the contract proposals | ||||||
16 | being offered by certified vendors is excessive or | ||||||
17 | unreasonable; | ||||||
18 | (iv) a list of certified vendors owned by | ||||||
19 | minorities, women, and persons with disabilities that | ||||||
20 | the contractor has used in the current and prior | ||||||
21 | fiscal years; | ||||||
22 | (v) documentation demonstrating that the vendor | ||||||
23 | made efforts to utilize certified vendors despite the | ||||||
24 | ability or desire of a vendor to perform the work with | ||||||
25 | its own operations by selecting portions of the work | ||||||
26 | to be performed by certified vendors, which may, when |
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1 | appropriate, include breaking out portions of the work | ||||||
2 | to be performed into economically feasible units to | ||||||
3 | facilitate certified vendor participation; and | ||||||
4 | (vi) documentation that the vendor used the | ||||||
5 | services of: (1) the State; (2) organizations or | ||||||
6 | contractors' groups representing or composed of | ||||||
7 | minorities, women, or persons with disabilities; (3) | ||||||
8 | local, State, or federal assistance offices | ||||||
9 | representing or assisting minorities, women, or | ||||||
10 | persons with disabilities; and (4) other organizations | ||||||
11 | that provide assistance in the recruitment and | ||||||
12 | engagement of certified vendors. | ||||||
13 | If any of the information required under this | ||||||
14 | subdivision (a) is not available to the vendor, despite | ||||||
15 | the vendor's good faith efforts to obtain the information, | ||||||
16 | the vendor's request for a waiver must contain a written | ||||||
17 | explanation of why that information is not included. | ||||||
18 | (b) Determination. The Council's determination | ||||||
19 | concerning waivers must include following: | ||||||
20 | (i) the justification for the requested waiver, | ||||||
21 | including whether the requesting vendor made a good | ||||||
22 | faith effort to identify and solicit certified vendors | ||||||
23 | based on the criteria set forth in this Section; | ||||||
24 | (ii) the total number of waivers the vendor has | ||||||
25 | been granted by the Council in the current and prior | ||||||
26 | fiscal years; |
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1 | (iii) (blank); and | ||||||
2 | (iv) the vendor's use of businesses owned by | ||||||
3 | minorities, women, and persons with disabilities in | ||||||
4 | the current and prior fiscal years. | ||||||
5 | (3.5) (Blank). | ||||||
6 | (4) Conflict with other laws. In the event that any State | ||||||
7 | contract, which otherwise would be subject to the provisions | ||||||
8 | of this Act, is or becomes subject to federal laws or | ||||||
9 | regulations which conflict with the provisions of this Act or | ||||||
10 | actions of the State taken pursuant hereto, the provisions of | ||||||
11 | the federal laws or regulations shall apply and the contract | ||||||
12 | shall be interpreted and enforced accordingly. | ||||||
13 | (5) Each chief procurement officer, as defined in the | ||||||
14 | Illinois Procurement Code, shall maintain on his or her | ||||||
15 | official Internet website a database of the following: (i) | ||||||
16 | waivers granted under this Section with respect to contracts | ||||||
17 | under his or her jurisdiction; (ii) a State agency or public | ||||||
18 | institution of higher education's written request for an | ||||||
19 | exemption of an individual contract or an entire class of | ||||||
20 | contracts; and (iii) the Council's written determination | ||||||
21 | granting or denying a request for an exemption of an | ||||||
22 | individual contract or an entire class of contracts. The | ||||||
23 | database, which shall be updated periodically as necessary, | ||||||
24 | shall be searchable by contractor name and by contracting | ||||||
25 | State agency. | ||||||
26 | (6) Each chief procurement officer, as defined by the |
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1 | Illinois Procurement Code, shall maintain on its website a | ||||||
2 | list of all vendors that have been prohibited from bidding, | ||||||
3 | offering, or entering into a contract with the State of | ||||||
4 | Illinois as a result of violations of this Act. | ||||||
5 | Each public notice required by law of the award of a State | ||||||
6 | contract shall include for each bid or offer submitted for | ||||||
7 | that contract the following: (i) the bidder's or offeror's | ||||||
8 | name, (ii) the bid amount, (iii) the name or names of the | ||||||
9 | certified vendors identified in the bidder's or offeror's | ||||||
10 | submitted utilization plan, and (iv) the percentage of the | ||||||
11 | contract awarded to each certified vendor that is a business | ||||||
12 | owned by minorities, women, and persons with disabilities | ||||||
13 | identified in the utilization plan. | ||||||
14 | (Source: P.A. 102-29, eff. 6-25-21; 102-662, eff. 9-15-21; | ||||||
15 | 103-570, eff. 1-1-24.)
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16 | (30 ILCS 575/8) (from Ch. 127, par. 132.608) | ||||||
17 | (Section scheduled to be repealed on June 30, 2029) | ||||||
18 | Sec. 8. Enforcement. | ||||||
19 | (1) The Commission on Equity and Inclusion shall make such | ||||||
20 | findings, recommendations and proposals to the Governor as are | ||||||
21 | necessary and appropriate to enforce this Act. If, as a result | ||||||
22 | of its monitoring activities, the Commission determines that | ||||||
23 | its goals and policies are not being met by any State agency or | ||||||
24 | public institution of higher education, the Commission may | ||||||
25 | recommend any or all of the following actions: |
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1 | (a) Establish enforcement procedures whereby the | ||||||
2 | Commission may recommend to the appropriate State agency, | ||||||
3 | public institutions of higher education, or law | ||||||
4 | enforcement officer that legal or administrative remedies | ||||||
5 | be initiated for violations of contract provisions or | ||||||
6 | rules issued hereunder or by a contracting State agency or | ||||||
7 | public institutions of higher education. State agencies | ||||||
8 | and public institutions of higher education shall be | ||||||
9 | authorized to adopt remedies for such violations which | ||||||
10 | shall include (1) termination of the contract involved, | ||||||
11 | (2) prohibition of participation of the respondents in | ||||||
12 | public contracts for a period not to exceed one year, (3) | ||||||
13 | the assessment of a penalty in the amount of the | ||||||
14 | discrepancy between the commitment contained in the | ||||||
15 | utilization plan, as such amount may be amended over the | ||||||
16 | term of the contract, and the qualifying payments made to | ||||||
17 | the certified vendors listed in the utilization plan | ||||||
18 | imposition of a penalty not to exceed any profit acquired | ||||||
19 | as a result of violation , or (4) any combination thereof. | ||||||
20 | (b) If the Commission concludes that a compliance plan | ||||||
21 | submitted under Section 6 is unlikely to produce the | ||||||
22 | participation goals for businesses owned by minorities, | ||||||
23 | women, and persons with disabilities within the then | ||||||
24 | current fiscal year, the Commission may recommend that the | ||||||
25 | State agency or public institution of higher education | ||||||
26 | revise its plan to provide additional opportunities for |
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1 | participation by businesses owned by minorities, women, | ||||||
2 | and persons with disabilities. Such recommended revisions | ||||||
3 | may include, but shall not be limited to, the following: | ||||||
4 | (i) assurances of stronger and better focused | ||||||
5 | solicitation efforts to obtain more businesses owned | ||||||
6 | by minorities, women, and persons with disabilities as | ||||||
7 | potential sources of supply; | ||||||
8 | (ii) division of the scope of work job or project | ||||||
9 | requirements , when economically feasible, into tasks | ||||||
10 | or quantities to permit participation of businesses | ||||||
11 | owned by minorities, women, and persons with | ||||||
12 | 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 monitor 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) Prior to the expiration or termination of a contract, | ||||||
16 | State agencies and public institutions of higher education | ||||||
17 | shall evaluate the contractor's fulfillment of the contract | ||||||
18 | goals for participation by certified businesses owned by | ||||||
19 | minorities, women, and persons with disabilities. The agency | ||||||
20 | or public institution of higher education shall prepare a | ||||||
21 | report of the vendor's compliance with the contract goals and | ||||||
22 | file it with the Secretary. If the Secretary determines that | ||||||
23 | the vendor did not fulfill the contract goals, the vendor | ||||||
24 | shall be in breach of the contract and may be subject to | ||||||
25 | remedies or sanctions, unless the vendor can show that it made | ||||||
26 | good faith efforts to meet the contract goals. Such remedies |
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