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| Public Act 097-0228
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| SB1923 Enrolled | LRB097 07401 HEP 47510 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)
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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: 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.
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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, 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).)
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