|
Commission on Equity and Inclusion's State of Illinois |
Department of Central Management Services Business Enterprise |
Program or a program with equivalent requirements. |
"Program" means the Clean Energy Primes Contractor |
Accelerator Program. |
"Returning resident" has the meaning given to that term in |
Section 5-50 of this Act. |
(b) Subject to appropriation, the Department shall |
develop, and through a Primes Program Administrator and |
Regional Primes Program Leads described in this Section, |
administer the Clean Energy Primes Contractor Accelerator |
Program. The Program shall be administered in 3 program |
delivery areas: the Northern Illinois Program Delivery Area |
covering Northern Illinois, the Central Illinois Program |
Delivery Area covering Central Illinois, and the Southern |
Illinois Program Delivery Area covering Southern Illinois. |
Prior to developing the Program, the Department shall solicit |
public comments, with a 30-day comment period, to gather input |
on Program implementation and associated community outreach |
options. |
(c) The Program shall be available to selected contractors |
who best meet the following criteria: |
(1) 2 or more years of experience in a clean energy or |
a related contracting field; |
(2) at least $5,000 in annual business; and |
(3) a substantial and demonstrated commitment of |
|
investing in and partnering with individuals and |
institutions in equity investment eligible communities. |
(c-5) The Department shall develop scoring criteria to |
select contractors for the Program, which shall consider: |
(1) projected hiring and industry job creation, |
including wage and benefit expectations; |
(2) a clear vision of strategic business growth and |
how increased capitalization would benefit the business; |
(3) past project work quality and demonstration of |
technical knowledge; |
(4) capacity the applicant is anticipated to bring to |
project development; |
(5) willingness to assume risk; |
(6) anticipated revenues from future projects; |
(7) history of commitment to advancing equity as |
demonstrated by, among other things, employment of or |
ownership by equity investment eligible persons and a |
history of partnership with equity focused community |
organizations or government programs; and |
(8) business models that build wealth in the larger |
underserved community. |
Applicants for Program participation shall be allowed to |
reapply for a future cohort if they are not selected, and the |
Primes Program Administrator shall inform each applicant of |
this option. |
(d) The Department, in consultation with the Primes |
|
Program Administrator and Regional Primes Program Leads, shall |
select a new cohort of participant contractors from each |
Program Delivery Area every 18 months. Each regional cohort |
shall include between 3 and 5 participants. The Program shall |
cap contractors in the energy efficiency sector at 50% of |
available cohort spots and 50% of available grants and loans, |
if possible. |
(e) The Department shall hire a Primes Program |
Administrator with experience in leading a large |
contractor-based business in Illinois; coaching and mentoring; |
the Illinois clean energy industry; and working with equity |
investment eligible community members, organizations, and |
businesses. |
(f) The Department shall select 3 Regional Primes Program |
Leads who shall report directly to the Primes Program |
Administrator. The Regional Primes Program Leads shall be |
located within their Program Delivery Area and have experience |
in leading a large contractor-based business in Illinois; |
coaching and mentoring; the Illinois clean energy industry; |
developing relationships with companies in the Program |
Delivery Area; and working with equity investment eligible |
community members, organizations, and businesses. |
(g) The Department may determine how Program elements will |
be delivered or may contract with organizations with |
experience delivering the Program elements described in |
subsection (h) of this Section. |
|
(h) The Clean Energy Primes Contractor Accelerator Program |
shall provide participants with: |
(1) a 5-year, 6-month progressive course of one-on-one |
coaching to assist each participant in developing an |
achievable 5-year business plan, including review of |
monthly metrics, and advice on achieving participant's |
goals; |
(2) operational support grants not to exceed |
$1,000,000 annually to support the growth of participant |
contractors with access to capital for upfront project |
costs and pre-development funding, among others. The |
amount of the grant shall be based on anticipated project |
size and scope; |
(3) business coaching based on the participant's |
needs; |
(4) a mentorship of approximately 2 years provided by |
a qualified company in the participant's field; |
(5) access to Clean Energy Contractor Incubator |
Program services; |
(6) assistance with applying for Minority Business |
Enterprise certification and other relevant certifications |
and approved vendor status for programs offered by |
utilities or other entities; |
(7) assistance with preparing bids and Request for |
Proposal applications; |
(8) opportunities to be listed in any relevant |
|
directories and databases organized by the Commission on |
Equity and Inclusion Department of Central Management |
Services; |
(9) opportunities to connect with participants in |
other Department programs; |
(10) assistance connecting with and initiating |
participation in the Illinois Power Agency's Adjustable |
Block program, the Illinois Solar for All Program, and |
utility programs; and |
(11) financial development assistance programs such as |
zero-interest and low-interest loans with the Climate Bank |
as established by Article 850 of the Illinois Finance |
Authority Act or a comparable financing mechanism. The |
Illinois Finance Authority shall retain authority to |
determine loan repayment terms and conditions. |
(i) The Primes Program Administrator shall: |
(1) collect and report performance metrics as |
described in this Section; |
(2) review and assess: |
(i) participant work plans and annual goals; and |
(ii) the mentorship program, including approved |
mentor companies and their stipend awards; and |
(3) work with the Regional Primes Program Leads to |
publicize the Program; design and implement a mentorship |
program; and ensure participants are quickly on-boarded. |
(j) The Regional Primes Program Leads shall: |
|
(1) publicize the Program; the budget shall include |
funds to pay community-based organizations with a track |
record of working with equity investment eligible |
communities to complete this work; |
(2) recruit qualified Program applicants; |
(3) assist Program applicants with the application |
process; |
(4) introduce participants to the Program offerings; |
(5) conduct entry and annual assessments with |
participants to identify training, coaching, and other |
Program service needs; |
(6) assist participants in developing goals on entry |
and annually, and assessing progress toward meeting the |
goals; |
(7) establish a metric reporting system with each |
participant and track the metrics for progress against the |
contractor's work plan and Program goals; |
(8) assist participants in receiving their Minority |
Business Enterprise certification and any other relevant |
certifications and approved vendor statuses; |
(9) match participants with Clean Energy Contractor |
Incubator Program offerings and individualized expert |
coaching, including training on working with returning |
residents and companies that employ them; |
(10) pair participants with a mentor company; |
(11) facilitate connections between participants and |
|
potential subcontractors and employees; |
(12) dispense a participant's awarded operational |
grant funding; |
(13) connect participants to zero-interest and |
low-interest loans from the Climate Bank as established by |
Article 850 of the Illinois Finance Authority Act or a |
comparable financing mechanism; |
(14) encourage participants to apply for appropriate |
State and private business opportunities; |
(15) review a participant's progress and make a |
recommendation to the Department about whether the |
participant should continue in the Program, be considered |
a Program graduate, and whether adjustments should be made |
to a participant's grant funding, loans, and related |
services; |
(16) solicit information from participants, which |
participants shall be required to provide, necessary to |
understand the participant's business, including financial |
and income information, certifications that the |
participant is seeking to obtain, and ownership, employee, |
and subcontractor data, including compensation, length of |
service, and demographics; and |
(17) other duties as required. |
(k) Performance metrics. The Primes Program Administrator |
and Regional Primes Program Leads shall collaborate to collect |
and report the following metrics quarterly to the Department |
|
and Advisory Council: |
(1) demographic information on cohort recruiting and |
formation, including racial, gender, geographic |
distribution data, and data on the number and percentage |
of R3 residents, environmental justice community |
residents, foster care alumni, and formerly convicted |
persons who are cohort applicants and admitted |
participants; |
(2) participant contractor engagement in other |
Illinois clean energy programs such as the Adjustable |
Block program, Illinois Solar for All Program, and the |
utility-run energy efficiency and electric vehicle |
programs; |
(3) retention of participants in each cohort; |
(4) total projects bid, started, and completed by |
participants, including information about revenue, hiring, |
and subcontractor relationships with projects; |
(5) certifications issued; |
(6) employment data for contractor hires and industry |
jobs created, including demographic, salary, length of |
service, and geographic data; |
(7) grants and loans distributed; and |
(8) participant satisfaction with the Program. |
The metrics in paragraphs (2), (4), and (6) shall be |
collected from Program participants and graduates for 10 years |
from their entrance into the Program to help the Department |
|
and Program Administrators understand the Program's long-term |
effect. |
Data should be anonymized where needed to protect |
participant privacy. |
The Department shall make such reports publicly available |
on its website. |
(l) Mentorship Program. |
(1) The Regional Primes Program Leads shall recruit, |
and the Primes Program Administrator shall select, with |
approval from the Department, private companies with the |
following qualifications to mentor participants and assist |
them in succeeding in the clean energy industry: |
(i) excellent standing with state clean energy |
programs; |
(ii) 4 or more years of experience in their field; |
and |
(iii) a proven track record of success in their |
field. |
(2) Mentor companies may receive a stipend, determined |
by the Department, for their participation. Mentor |
companies may identify what level of stipend they require. |
(3) The Primes Program Administrator shall develop |
guidelines for mentor company-mentee profit sharing or |
purchased services agreements. |
(4) The Regional Primes Program Leads shall: |
(i) collaborate with mentor companies and |
|
participants to create a plan for ongoing contact such |
as on-the-job training, site walkthroughs, business |
process and structure walkthroughs, quality assurance |
and quality control reviews, and other relevant |
activities; |
(ii) recommend the mentor company-mentee pairings |
and associated mentor company stipends for approval; |
(iii) conduct an annual review of each mentor |
company-mentee pairing and recommend whether the |
pairing continues for a second year and the level of |
stipend that is appropriate. The review shall also |
ensure that any profit sharing and purchased services |
agreements adhere to the guidelines established by the |
Primes Program Administrator. |
(5) Contractors may request reassignment to a new |
mentor company. |
(m) Disparity study. The Program Administrator shall |
cooperate with the Illinois Power Agency in the conduct of a |
disparity study, as described in subsection (c-15) of Section |
1-75 of the Illinois Power Agency Act, and in the effectuation |
of appropriate remedies necessary to address any |
discrimination that such study may find. Potential remedies |
shall include, but not be limited to, race-conscious remedies |
to rapidly eliminate discrimination faced by minority |
businesses and works in the industry this Program serves, |
consistent with the law. Remedies shall be developed through |
|
consultation with individuals, companies, and organizations |
that have expertise on discrimination faced in the market and |
potential legally permissible remedies for addressing it. |
Notwithstanding any other requirement of this Section, the |
Program Administrator shall modify program participation |
criteria or goals as soon as the report has been published, in |
such a way as is consistent with state and federal law, to |
rapidly eliminate discrimination on minority businesses and |
workers in the industry this Program serves by setting |
standards for Program participation. This study will be paid |
for with funds from the Energy Transition Assistance Fund or |
any other lawful source. |
(n) Program budget. |
(1) The Department may allocate up to $3,000,000 |
annually to the Primes Program Administrator for each of |
the 3 regional budgets from the Energy Transition |
Assistance Fund. |
(2) The Primes Program Administrator shall work with |
the Illinois Finance Authority and the Climate Bank as |
established by Article 850 of the Illinois Finance |
Authority Act or comparable financing institution so that |
loan loss reserves may be sufficient to underwrite |
$7,000,000 in low-interest loans in each of the 3 Program |
delivery areas. |
(3) Any grant and loan funding shall be made available |
to participants in a timely fashion. |
|
(Source: P.A. 102-662, eff. 9-15-21.)
|
Section 15. The Blind Vendors Act is amended by changing |
Section 10 as follows:
|
(20 ILCS 2421/10) |
Sec. 10. Business Enterprise Program for the Blind. |
(a) The Business Enterprise Program for the Blind is |
created for the purposes of providing blind persons with |
remunerative employment, enlarging the economic opportunities |
of the blind, and stimulating the blind to greater efforts in |
striving to make themselves self-supporting. In order to |
achieve these goals, blind persons licensed under this Act |
shall be authorized to operate vending facilities on any |
property within this State as provided by this Act. |
It is the intent of the General Assembly that the |
Randolph-Sheppard Act, 20 U.S.C. Sections 107-107f, and the |
federal regulations for its administration set forth in Part |
395 of Title 34 of the Code of Federal Regulations, shall serve |
as a model for minimum standards for the operation of the |
Business Enterprise Program for the Blind. The federal |
Randolph-Sheppard Act provides employment opportunities for |
individuals who are blind or visually impaired through the |
Business Enterprise Program for the Blind. Under the |
Randolph-Sheppard Act, all federal agencies are required to |
give priority to licensed blind vendors in the operation of |
|
vending facilities on federal property. It is the intent of |
this Act to provide the same priority to licensed blind |
vendors on State property by requiring State agencies to give |
priority to licensed blind vendors in the operation of vending |
facilities on State property and preference to licensed blind |
vendors in the operation of cafeteria facilities on State |
property. Furthermore, it is the intent of this Act that all |
State agencies, particularly the Commission on Equity and |
Inclusion Department of Central Management Services, promote |
and advocate for the Business Enterprise Program for the |
Blind. |
(b) The Secretary, through the Director, shall continue, |
maintain, and promote the Business Enterprise Program for the |
Blind. Some or all of the functions of the program may be |
provided by the Department of Human Services. The Business |
Enterprise Program for the Blind must provide that: |
(1) priority is given to blind vendors in the |
operation of vending facilities on State property; |
(2) tie bid preference is given to blind vendors in |
the operation of cafeterias on State property, unless the |
cafeteria operations are operated by employees of a State |
agency; |
(3) vending machine income from all vending machines |
on State property is assigned as provided for by Section |
30 of this Act; |
(4) no State agency may impose any commission, service |
|
charge, rent, or utility charge on a licensed blind vendor |
who is operating a vending facility on State property |
unless approved by the Department; |
(5) the Department shall approve a commission to the |
State agency from a blind vendor operating a vending |
facility on the State property of the Department of |
Corrections or the Department of Juvenile Justice in the |
amount of 10% of the net proceeds from vending machines |
servicing State employees and 25% of the net proceeds from |
vending machines servicing visitors on the State property; |
and |
(6) vending facilities operated by the Program use |
reasonable and necessary means and methods to maintain |
fair market pricing in relation to each facility's given |
demographic, geographic, and other circumstances. |
(c) With respect to vending facilities on federal property |
within this State, priority shall be given as provided in the |
federal Randolph-Sheppard Act, 20 U.S.C. Sections 107-107f, |
including any amendments thereto. This Act, as it applies to |
federal property, is intended to conform to the federal Act, |
and is to be of no force or effect if, and to the extent that, |
any provision of this Act or any rule adopted under this Act is |
in conflict with the federal Act. Nothing in this subsection |
shall be construed to impose limitations on the operation of |
vending facilities on State property, or property other than |
federal property, or to allow only those activities |
|
specifically enumerated in the Randolph-Sheppard Act. |
(d) The Secretary shall actively pursue all commissions |
from vending facilities not operated by blind vendors as |
provided in Section 30 of this Act, and shall propose new |
placements of vending facilities on State property where a |
facility is not yet in place. |
(e) Partnerships and teaming arrangements between blind |
vendors and private industry, including franchise operations, |
shall be fostered and encouraged by the Department. |
(Source: P.A. 96-644, eff. 1-1-10.)
|
Section 20. The Illinois Procurement Code is amended by |
changing Section 15-25 as follows:
|
(30 ILCS 500/15-25) |
Sec. 15-25. Bulletin content. |
(a) Invitations for bids. Notice of each and every |
contract that is offered, including renegotiated contracts and |
change orders, shall be published in the Bulletin. The |
applicable chief procurement officer may provide by rule an |
organized format for the publication of this information, but |
in any case it must include at least the date first offered, |
the date submission of offers is due, the location that offers |
are to be submitted to, the purchasing State agency, the |
responsible State purchasing officer, a brief purchase |
description, the method of source selection, information of |
|
how to obtain a comprehensive purchase description and any |
disclosure and contract forms, and encouragement to potential |
contractors to hire qualified veterans, as defined by Section |
45-67 of this Code, and qualified Illinois minorities, women, |
persons with disabilities, and residents discharged from any |
Illinois adult correctional center. |
(a-5) All businesses listed on the Illinois Unified |
Certification Program Disadvantaged Business Enterprise |
Directory, the Business Enterprise Program of the Commission |
on Equity and Inclusion Department of Central Management |
Services, and any small business database created pursuant to |
Section 45-45 of this Code shall be furnished written |
instructions and information on how to register for the |
Illinois Procurement Bulletin. This information shall be |
provided to each business within 30 calendar days after the |
business's notice of certification or qualification. |
(b) Contracts let. Notice of each and every contract that |
is let, including renegotiated contracts and change orders, |
shall be issued electronically to those bidders submitting |
responses to the solicitations, inclusive of the unsuccessful |
bidders, immediately upon contract let. Failure of any chief |
procurement officer to give such notice shall result in |
tolling the time for filing a bid protest up to 7 calendar |
days. |
For purposes of this subsection (b), "contracts let" means |
a construction agency's act of advertising an invitation for |
|
bids for one or more construction projects. |
(b-5) Contracts awarded. Notice of each and every contract |
that is awarded, including renegotiated contracts and change |
orders, shall be issued electronically to the successful |
responsible bidder, offeror, or contractor and published in |
the Bulletin. The applicable chief procurement officer may |
provide by rule an organized format for the publication of |
this information, but in any case it must include at least all |
of the information specified in subsection (a) as well as the |
name of the successful responsible bidder, offeror, the |
contract price, the number of unsuccessful bidders or offerors |
and any other disclosure specified in any Section of this |
Code. This notice must be posted in the online electronic |
Bulletin prior to execution of the contract. |
For purposes of this subsection (b-5), "contract award" |
means the determination that a particular bidder or offeror |
has been selected from among other bidders or offerors to |
receive a contract, subject to the successful completion of |
final negotiations. "Contract award" is evidenced by the |
posting of a Notice of Award or a Notice of Intent to Award to |
the respective volume of the Illinois Procurement Bulletin. |
(c) Emergency purchase disclosure. Any chief procurement |
officer or State purchasing officer exercising emergency |
purchase authority under this Code shall publish a written |
description and reasons and the total cost, if known, or an |
estimate if unknown and the name of the responsible chief |
|
procurement officer and State purchasing officer, and the |
business or person contracted with for all emergency purchases |
in the Bulletin. The notice for an emergency procurement other |
than the extension of an emergency contract must be posted in |
the online electronic Bulletin no later than 5 calendar days |
after the contract is awarded, and notice for the extension of |
an emergency contract must be posted in the online electronic |
Bulletin no later than 7 calendar days after the extension is |
executed. |
(c-5) Business Enterprise Program report. Each purchasing |
agency shall, with the assistance of the applicable chief |
procurement officer, post in the online electronic Bulletin a |
copy of its annual report of utilization of businesses owned |
by minorities, women, and persons with disabilities as |
submitted to the Business Enterprise Council for Minorities, |
Women, and Persons with Disabilities pursuant to Section 6(c) |
of the Business Enterprise for Minorities, Women, and Persons |
with Disabilities Act within 10 calendar days after its |
submission of its report to the Council. |
(c-10) Renewals. Notice of each contract renewal shall be |
posted in the Bulletin within 14 calendar days of the |
determination to execute a renewal of the contract. The notice |
shall include at least all of the information required in |
subsection (a) or (b), as applicable. |
(c-15) Sole source procurements. Before entering into a |
sole source contract, a chief procurement officer exercising |
|
sole source procurement authority under this Code shall |
publish a written description of intent to enter into a sole |
source contract along with a description of the item to be |
procured and the intended sole source contractor. This notice |
must be posted in the online electronic Procurement Bulletin |
before a sole source contract is awarded and at least 14 |
calendar days before the hearing required by Section 20-25. |
(d) Other required disclosure. The applicable chief |
procurement officer shall provide by rule for the organized |
publication of all other disclosure required in other Sections |
of this Code in a timely manner. |
(e) The changes to subsections (b), (c), (c-5), (c-10), |
and (c-15) of this Section made by Public Act 96-795 apply to |
reports submitted, offers made, and notices on contracts |
executed on or after July 1, 2010 (the effective date of Public |
Act 96-795). The changes made to subsection (c) by this |
amendatory Act of the 102nd General Assembly apply only to |
emergency contract extensions executed on or after the |
effective date of this amendatory Act of the 102nd General |
Assembly. |
(f) Each chief procurement officer shall, in consultation |
with the agencies under his or her jurisdiction, provide the |
Procurement Policy Board with the information and resources |
necessary, and in a manner, to effectuate the purpose of |
Public Act 96-1444. |
(Source: P.A. 102-1119, eff. 1-23-23.)
|
|
Section 23. The Commission on Equity and Inclusion Act is |
amended by changing Section 40-10 as follows:
|
(30 ILCS 574/40-10) |
Sec. 40-10. Powers and duties. In addition to the other |
powers and duties which may be prescribed in this Act or |
elsewhere, the Commission shall have the following powers and |
duties: |
(1) The Commission shall have a role in all State and |
university procurement by facilitating and streamlining |
communications between the Business Enterprise Council for |
Minorities, Women, and Persons with Disabilities, the |
purchasing entities, the Chief Procurement Officers, and |
others. |
(2) The Commission may create a scoring evaluation for |
State agency directors, public university presidents and |
chancellors, and public community college presidents. The |
scoring shall be based on the following 3 principles: (i) |
increasing capacity; (ii) growing revenue; and (iii) |
enhancing credentials. These principles should be the |
foundation of the agency compliance plan required under |
Section 6 of the Business Enterprise for Minorities, |
Women, and Persons with Disabilities Act. |
(3) The Commission shall exercise the authority and |
duties provided to it under Section 5-7 of the Illinois |
|
Procurement Code. |
(4) The Commission, working with State agencies, shall |
provide support for diversity in State hiring. |
(5) The Commission shall oversee the implementation of |
diversity training of the State workforce. |
(6) Each January, and as otherwise frequently as may |
be deemed necessary and appropriate by the Commission, the |
Commission shall propose and submit to the Governor and |
the General Assembly legislative changes to increase |
inclusion and diversity in State government. |
(7) The Commission shall have oversight over the |
following entities: |
(A) the Illinois African-American Family |
Commission; |
(B) the Illinois Latino Family Commission; |
(C) the Asian American Family Commission; |
(D) the Illinois Muslim American Advisory Council; |
(E) the Illinois African-American Fair Contracting |
Commission created under Executive Order 2018-07; and |
(F) the Business Enterprise Council for |
Minorities, Women, and Persons with Disabilities. |
(7.5) The Commission shall have oversight over the |
collection of supplier diversity reports by State agencies |
to the extent that those agencies are required to collect |
supplier diversity reports. This oversight shall include |
publishing, on the Commission's website, a copy of each |
|
such supplier diversity report submitted to a State agency |
and may include conducting an annual hearing with each |
State agency to discuss ongoing compliance with supplier |
diversity reporting requirements. The Commission is not |
responsible for ensuring compliance by the filers of |
supplier diversity reports to their respective agencies. |
The agencies subject to oversight by the Commission and |
the relevant voluntary supplier diversity reports include |
the following: |
(A) the Health Facilities and Services Review |
Board for hospitals; |
(B) the Department of Commerce and Economic |
Opportunity for tax credit recipients under the |
Economic Development for a Growing Economy Tax Credit |
Act; |
(C) the Illinois Commerce Commission for |
utilities and railroads; |
(D) the Illinois Gaming Board for casinos; and |
(E) the Illinois Racing Board for race tracks. |
(7.6) The Commission may hold public workshops focused |
on specific industries and reports to collaboratively |
connect diverse enterprises with entities that manage |
supplier diversity programs. These workshops may be |
modeled after Illinois Commerce Commission hearings for |
utilities and railroads that include a collaborative |
discussion of filed supplier diversity reports. |
|
(8) The Commission shall adopt any rules necessary for |
the implementation and administration of the requirements |
of this Act. |
(9) The Commission shall exercise the authority and |
duties provided to it under Section 45-57 of the Illinois |
Procurement Code. |
(Source: P.A. 101-657, eff. 1-1-22; 102-29, eff. 6-25-21; |
102-671, eff. 11-30-21.)
|
Section 25. The Commission on Equity and Inclusion Act is |
amended by adding Sections 40-15 and 40-20 as follows:
|
(30 ILCS 574/40-15 new) |
Sec. 40-15. Higher education supplier diversity report. |
(a) Every private institution of higher education approved |
by the Illinois Student Assistance Commission for purposes of |
the Monetary Award Program shall submit an annual 2-page |
report in a searchable Adobe PDF format on its voluntary |
supplier diversity program to the Commission on or before |
November 15 of each year. The report shall set forth all of the |
following: |
(1) The name, address, phone number, and email address |
of the point of contact for the supplier diversity |
program, or the institution's procurement program if there |
is no supplier diversity program, for vendors to register |
with the program. |
|
(2) Local and State certifications the institution |
accepts or recognizes for minority-owned, women-owned, or |
veteran-owned business status. |
(3) On the second page, a narrative explaining the |
results of the report and the tactics to be employed to |
achieve the goals. |
(4) The voluntary goals, if any, for either the fiscal |
year or calendar year in each category for the entire |
budget of the institution, expending both public and |
private moneys, including any fee-supported entities, and |
the commodity codes or a description of particular goods |
and services for the area of procurement in which the |
institution expects most of those goals to focus on in the |
next reporting year. The actual spending for the entire |
budget of the institution, expending both public and |
private moneys, including any fee-supported entities, for |
minority-owned business enterprises, women-owned business |
enterprises, and veteran-owned business enterprises, |
expressed both in actual dollars and as a percentage of |
the total budget of the institution, must be included for |
each reporting year. |
(b) For each report submitted under subsection (a), the |
Commission shall publish the results on its website for no |
less than 5 years after submission. The Commission is not |
responsible for collecting the reports or for the content of |
the reports. |
|
(c) The Commission shall hold an annual higher education |
supplier diversity workshop every February to discuss the |
reports with representatives of the institutions of higher |
education and vendors. |
(d) The Commission shall prepare a one-page template, not |
including the narrative section, for the voluntary supplier |
diversity reports.
|
(30 ILCS 574/40-20 new) |
Sec. 40-20. Race and gender wage reports. |
(a) Each State agency and public institution of higher |
education shall annually submit to the Commission a report, |
categorized by both race and gender, specifying the respective |
wage earnings of employees of that State agency or public |
institution of higher education. |
(b) The Commission shall compile the information submitted |
under this Section and make that information available to the |
public on the website of the Commission. |
(c) The Commission shall annually submit a report of the |
information compiled under this Section to the Governor and |
the General Assembly. |
(d) As used in this Section: |
"Public institution of higher education" has the meaning |
provided in Section 1 of the Board of Higher Education Act. |
"State agency" means all departments, officers, |
commissions, boards, institutions, and bodies politic and |
|
corporate of the State. "State agency" does not include the |
judicial branch, including, without limitation, the courts of |
the State, the office of the clerk of the Supreme Court and the |
clerks of the appellate court, and the Administrative Office |
of the Illinois Courts, or the legislature, its agencies, or |
its committees or commissions.
|
Section 30. The Business Enterprise for Minorities, Women, |
and Persons with Disabilities Act is amended by changing |
Sections 4, 6a, 8c, 8g, 8j, and 9 as follows:
|
(30 ILCS 575/4) (from Ch. 127, par. 132.604) |
(Section scheduled to be repealed on June 30, 2029) |
Sec. 4. Award of State contracts. |
(a) Except as provided in subsection (b), not less than |
30% of the total dollar amount of State contracts, as defined |
by the Secretary of the Council and approved by the Council, |
shall be established as an aspirational goal to be awarded to |
businesses owned by minorities, women, and persons with |
disabilities; provided, however, that of the total amount of |
all State contracts awarded to businesses owned by minorities, |
women, and persons with disabilities pursuant to this Section, |
contracts representing at least 16% shall be awarded to |
businesses owned by minorities, contracts representing at |
least 10% shall be awarded to women-owned businesses, and |
contracts representing at least 4% shall be awarded to |
|
businesses owned by persons with disabilities. |
(a-5) In addition to the aspirational goals in awarding |
State contracts set under subsection (a), the Commission shall |
by rule further establish targeted efforts to encourage the |
participation of businesses owned by minorities, women, and |
persons with disabilities on State contracts. Such efforts |
shall include, but not be limited to, further concerted |
outreach efforts to businesses owned by minorities, women, and |
persons with disabilities. |
The above percentage relates to the total dollar amount of |
State contracts during each State fiscal year, calculated by |
examining independently each type of contract for each agency |
or public institutions of higher education which lets such |
contracts. Only that percentage of arrangements which |
represents the participation of businesses owned by |
minorities, women, and persons with disabilities on such |
contracts shall be included. State contracts subject to the |
requirements of this Act shall include the requirement that |
only expenditures to businesses owned by minorities, women, |
and persons with disabilities that perform a commercially |
useful function may be counted toward the goals set forth by |
this Act. Contracts shall include a definition of |
"commercially useful function" that is consistent with 49 CFR |
26.55(c). |
(b) Not less than 20% of the total dollar amount of State |
construction contracts is established as an aspirational goal |
|
to be awarded to businesses owned by minorities, women, and |
persons with disabilities; provided that, contracts |
representing at least 11% of the total dollar amount of State |
construction contracts shall be awarded to businesses owned by |
minorities; contracts representing at least 7% of the total |
dollar amount of State construction contracts shall be awarded |
to women-owned businesses; and contracts representing at least |
2% of the total dollar amount of State construction contracts |
shall be awarded to businesses owned by persons with |
disabilities. |
(c) (Blank). |
(c-5) All goals established under this Section shall be |
contingent upon the results of the most recent disparity study |
conducted by the State. |
(d) Within one year after April 28, 2009 (the effective |
date of Public Act 96-8), the Department of Central Management |
Services shall conduct a social scientific study that measures |
the impact of discrimination on minority and women business |
development in Illinois. Within 18 months after April 28, 2009 |
(the effective date of Public Act 96-8), the Department shall |
issue a report of its findings and any recommendations on |
whether to adjust the goals for minority and women |
participation established in this Act. Copies of this report |
and the social scientific study shall be filed with the |
Governor and the General Assembly. By December 31, 2028 |
December 1, 2020, the Commission on Equity and Inclusion |
|
Department of Central Management Services shall conduct a new |
social scientific study that measures the impact of |
discrimination on minority and women business development in |
Illinois. By June 30, 2029 June 1, 2022, the Commission |
Department shall issue a report of its findings and any |
recommendations on whether to adjust the goals for minority |
and women participation established in this Act. Copies of |
this report and the social scientific study shall be filed |
with the Governor and the General Assembly. By December 31, |
2029 December 1, 2022, the Commission on Equity and Inclusion |
Business Enterprise Program shall develop a model for social |
scientific disparity study sourcing for local governmental |
units to adapt and implement to address regional disparities |
in public procurement. |
(e) All State contract solicitations that include Business |
Enterprise Program participation goals shall require bidders |
or offerors to include utilization plans. Utilization plans |
are due at the time of bid or offer submission. Failure to |
complete and include a utilization plan, including |
documentation demonstrating good faith efforts when requesting |
a waiver, shall render the bid or offer non-responsive. |
Except as permitted under this Act or as otherwise |
mandated by federal regulation, a bidder or offeror whose bid |
or offer is accepted and who included in that bid a completed |
utilization plan but who fails to meet the goals set forth in |
the plan shall be notified of the deficiency by the |
|
contracting agency or public institution of higher education |
and shall be given a period of 10 calendar days to cure the |
deficiency by contracting with additional subcontractors who |
are certified by the Business Enterprise Program or by |
increasing the work to be performed by previously identified |
vendors certified by the Business Enterprise Program. |
Deficiencies that may be cured include: (i) scrivener's |
errors, such as transposed numbers; (ii) information submitted |
in an incorrect form or format; (iii) mistakes resulting from |
failure to follow instructions or to identify and adequately |
document good faith efforts taken to comply with the |
utilization plan; or (iv) a proposal to use a firm whose |
Business Enterprise Program certification has lapsed or is not |
yet recognized. Cure is not authorized if the bidder or |
offeror submits a blank utilization plan, a utilization plan |
that shows lack of reasonable effort to complete the form on |
time, or a utilization plan that states the contract will be |
self-performed, by a non-certified vendor, without showing |
good faith efforts or a request for a waiver. All cure activity |
shall address the deficiencies identified by the purchasing |
agency and shall require clear documentation, including that |
of good faith efforts, to address those deficiencies. Any |
increase in cost to a contract for the addition of a |
subcontractor to cure a bid's deficiency shall not affect the |
bid price and shall not be used in the request for an exemption |
under this Act, and, in no case, shall an identified |
|
subcontractor with a Business Enterprise Program certification |
made under this Act be terminated from a contract without the |
written consent of the State agency or public institution of |
higher education entering into the contract. The purchasing |
agency or public institution of higher education shall make |
the determination whether the cure is adequate. |
Vendors certified with the Business Enterprise Program at |
the time and date submittals are due and who do not submit a |
utilization plan or have utilization plan deficiencies shall |
have 10 business days to submit a utilization plan or to |
correct the utilization plan deficiencies. |
(f) (Blank). |
(g) (Blank). |
(h) State agencies and public institutions of higher |
education shall notify the Commission on Equity and Inclusion |
of all non-responsive bids or proposals for State contracts. |
(Source: P.A. 101-170, eff. 1-1-20; 101-601, eff. 1-1-20; |
101-657, Article 1, Section 1-5, eff. 1-1-22; 101-657, Article |
40, Section 40-130, eff. 1-1-22; 102-29, eff. 6-25-21; |
102-558, eff. 8-20-21; 102-1119, eff. 1-23-23.)
|
(30 ILCS 575/6a) (from Ch. 127, par. 132.606a) |
(Section scheduled to be repealed on June 30, 2029) |
Sec. 6a. Notice of contracts to Council. Except in case of |
emergency as defined in the Illinois Procurement Code, or as |
authorized by rule promulgated by the Commission on Equity and |
|
Inclusion Department of Central Management Services, each |
agency and public institution of higher education under the |
jurisdiction of this Act shall notify the Secretary of the |
Council of proposed contracts for professional and artistic |
services and provide the information in the form and detail as |
required by rule promulgated by the Commission on Equity and |
Inclusion Department of Central Management Services. |
Notification may be made through direct written communication |
to the Secretary to be received at least 14 days before |
execution of the contract (or the solicitation response date, |
if applicable). The agency or public institution of higher |
education must consider any vendor referred by the Secretary |
before execution of the contract. The provisions of this |
Section shall not apply to any State agency or public |
institution of higher education that has awarded contracts for |
professional and artistic services to businesses owned by |
minorities, women, and persons with disabilities totaling in |
the aggregate $40,000,000 or more during the preceding fiscal |
year. |
(Source: P.A. 99-462, eff. 8-25-15; 100-391, eff. 8-25-17.)
|
(30 ILCS 575/8c) (from Ch. 127, par. 132.608c) |
(Section scheduled to be repealed on June 30, 2029) |
Sec. 8c. Recommended rules and regulations for the |
establishment and continuation of narrowly tailored sheltered |
markets under Section 8b shall be approved by the Council |
|
prior to submission by the Commission on Equity and Inclusion |
Department of Central Management Services to the Joint |
Committee on Administrative Rules. These rules shall include |
but not be limited to agency goals, waivers and procedures for |
use of sheltered markets. |
(Source: P.A. 86-269; 86-270.)
|
(30 ILCS 575/8g) |
(Section scheduled to be repealed on June 30, 2029) |
Sec. 8g. Business Enterprise Program Council reports. |
(a) The Commission on Equity and Inclusion Department of |
Central Management Services shall provide a report to the |
Council identifying all State agency non-construction |
solicitations that exceed $20,000,000 and that have less than |
a 20% established goal prior to publication. |
(b) The Commission on Equity and Inclusion Department of |
Central Management Services shall provide a report to the |
Council identifying all State agency non-construction awards |
that exceed $20,000,000. The report shall contain the |
following: (i) the name of the awardee; (ii) the total bid |
amount; (iii) the established Business Enterprise Program |
goal; (iv) the dollar amount and percentage of participation |
by businesses owned by minorities, women, and persons with |
disabilities; and (v) the names of the certified firms |
identified in the utilization plan. |
(Source: P.A. 100-391, eff. 8-25-17; 100-863, eff. 8-14-18.)
|
|
(30 ILCS 575/8j) |
(Section scheduled to be repealed on June 30, 2029) |
Sec. 8j. Special Committee on Minority, Female, Persons |
with Disabilities, and Veterans Contracting. |
(a) There is created a Special Committee on Minority, |
Female, Persons with Disabilities, and Veterans Contracting |
under the Council. The Special Committee shall review |
Illinois' procurement laws regarding contracting with |
minority-owned businesses, women-owned businesses, businesses |
owned by persons with disabilities, and veteran-owned |
businesses to determine what changes should be made to |
increase participation of these businesses in State |
procurements. |
(b) The Special Committee shall consist of the following |
members: |
(1) 3 persons each to be appointed by the Speaker of |
the House of Representatives, the Minority Leader of the |
House of Representatives, the President of the Senate, and |
the Minority Leader of the Senate; only one Special |
Committee member of each appointee under this paragraph |
may be a current member of the General Assembly; |
(2) the Executive Director of the Commission on Equity |
and Inclusion or the Executive Director's designee |
Director of Central Management Services, or his or her |
designee; |
|
(3) the chairperson of the Council, or his or her |
designee; and |
(4) each chief procurement officer. |
(c) The Special Committee shall conduct at least 3 |
hearings, with at least one hearing in Springfield and one in |
Chicago. Each hearing shall be open to the public and notice of |
the hearings shall be posted on the websites of the |
Procurement Policy Board, the Commission on Equity and |
Inclusion Department of Central Management Services, and the |
General Assembly at least 6 days prior to the hearing. |
(Source: P.A. 100-43, eff. 8-9-17; 100-863, eff. 8-14-18.)
|
(30 ILCS 575/9) (from Ch. 127, par. 132.609) |
(Section scheduled to be repealed on June 30, 2029) |
Sec. 9. Repeal. This Act is repealed June 30, 2030 2029. |
(Source: P.A. 103-563, eff. 11-17-23.)
|
Section 99. Effective date. This Act takes effect upon |
becoming law, except that Section 23 takes effect on July 1, |
2025. |
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INDEX
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Statutes amended in order of appearance
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