Bill Text: IL SB1923 | 2011-2012 | 97th General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends provisions of the Department of Transportation Law of the Civil Administrative Code of Illinois regarding the Department of Transportation's target market program. Makes various changes concerning: the duties of the Department and the chief procurement officer; reviewing evidence of discrimination; establishment and implementation of a target market program tailored to address findings of discrimination; reports to the General Assembly; determination of contract formation and bidding procedures for target market contracts; requirements relating to participation in the target market program; inclusion of contracts funded by the federal government; deletion and designation of contracts for purposes of the target market program; payments under target market contracts; nomenclature; and other matters. Effective immediately.

Spectrum: Partisan Bill (Democrat 13-0)

Status: (Passed) 2011-07-28 - Public Act . . . . . . . . . 97-0228 [SB1923 Detail]

Download: Illinois-2011-SB1923-Enrolled.html

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AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Department of Transportation Law of the
Civil Administrative Code of Illinois is amended by changing
Section 2705-600 as follows:
(20 ILCS 2705/2705-600)
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: achieve all
diversity goals, the Department's chief procurement officer
shall develop and coordinate a target market program including
the following elements:
(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

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the Department's geographic market areas and specific
construction industry markets; (iii) any disparities
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

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to address the specific findings of egregious
discrimination made by the Department, after a public
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. estimate the dollar value of all
contracts to be awarded by the Department during that year
and shall multiply that total by the minority-owned
business target market percentage and the women-owned
business target market percentage for that year. Contracts
with an estimated dollar value equal to those products
shall be set aside (prior to advertisement in the case of
contracts to be awarded by bid) to be let only to qualified
minority-owned businesses and qualified women-owned
businesses, respectively.
(2) The chief procurement officer shall work with the

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officers and divisions of the Department to determine the
appropriate designation of contracts as target market
contracts. The To the extent practical, 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 divide the procurements so
designated into contract award units of economically
feasible production runs in order to facilitate offers or
bids from minority-owned businesses and female-owned
women-owned businesses and the removal of bid bond
requirements for minority-owned businesses and
female-owned businesses. In making the annual designation
of target market contracts, the chief procurement officer
shall attempt to vary the included procurements so that a
variety of goods and services produced by different
minority-owned businesses and women-owned businesses shall
be set aside each year. Minority-owned businesses and
female-owned women-owned businesses shall remain eligible
to seek the procurement award of contracts that have not
been designated as target market contracts.
(3) The Department shall develop a list of
minority-owned businesses and women-owned businesses that
are interested in participating in the target market
program, including the type of contract in which each
minority-owned businesses and women-owned businesses is

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interested in participating. The chief procurement officer
Department 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 list developed by the Department determines indicates
that there are at least 3 qualified minority-owned
businesses or female-owned women-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 women-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 If
necessary or useful, the Department may require
minority-owned businesses and female-owned women-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
women-owned businesses and joint ventures consisting
exclusively of minority-owned businesses, female-owned
women-owned businesses, or both, that are certified as
disadvantaged businesses pursuant to the provisions of

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Section 6(d) of the Business Enterprise for Minorities,
Females, and Persons with Disabilities Act. A firm awarded
The prime contractor on 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 women-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 (for
example, by allowing the participation of businesses owned
by a person with a disability) 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, Department may delete
that contract from the target market program. In addition,
the chief procurement officer, in consultation with the
Department, may shall 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.

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(7) The chief procurement officer, in consultation
with the Department, shall promulgate such rules as he or
she deems necessary to administer the target market
program. In order to facilitate the performance of target
market contracts by minority-owned businesses and
women-owned businesses, the chief procurement officer may
expedite payments under target market contracts, may
reduce retainages under target market contracts when
appropriate, and may pay the contractor a portion of the
value of a target market contract at the time of award as
an advance to cover start-up and mobilization costs.
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, 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).)