TITLE 44: GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY MANAGEMENT
SUBTITLE A: PROCUREMENT AND CONTRACT PROVISIONS
CHAPTER III: CHIEF PROCUREMENT OFFICER FOR THE DEPARTMENT OF TRANSPORTATION
PART 6 CHIEF PROCUREMENT OFFICER FOR THE DEPARTMENT OF TRANSPORTATION - CONTRACT PROCUREMENT
SECTION 6.820 IMPLEMENTATION PROCEDURES
Section 6.820 Implementation Procedures
a) Evidentiary Findings
The Department is required to review any and all evidence of egregious race or gender discrimination related to all contracts awarded to complete the transportation construction projects undertaken during the course of each fiscal year. It is the delegated responsibility of the Department to evaluate any and all evidence of racial or gender discrimination that may have occurred during the performance of its transportation construction projects to determine whether the required factual predicate exists to support the establishment of a target market program by the CPO. Furthermore, the Department is mandated to determine and define a compelling interest in remedying the identified discrimination by making a record of the evidence disclosed by the review. The evidence to be reviewed by the Department includes, but is not limited to:
1) Utilization of Disadvantaged Business Enterprises, minority-owned businesses and female-owned businesses in Department contracts and subcontracts (e.g., disparity and related utilization studies).
2) Availability of qualified, willing and able Disadvantaged Business Enterprises, minority-owned businesses and female-owned businesses in the Department's geographic market areas and specific construction industry markets. (See the Illinois Unified Certification Program Disadvantaged Business Enterprises Directory (IL UCP DBE Directory) at www.dot.il.gov/ucp/ucp.html.)
3) Disparities among the utilization of Disadvantaged Business Enterprises, minority-owned businesses and female-owned businesses in the Department's geographic market areas and the utilization of those firms participating on the Department's contracts and subcontracts in those markets (e.g., disparity and related utilization studies and the FHWA Uniform Report of DBE Awards or Commitments and Payments).
4) Disparities among the utilization of Disadvantaged Business Enterprises, minority-owned businesses and female-owned businesses in the construction industry markets in which the Department operates and the utilization of those firms in the transportation construction economies in which the Department operates.
5) Rates of business formation of certified DBEs in the geographic and construction markets and the dollars earned by those businesses (e.g., disparity and related utilization studies).
6) Quantitative and qualitative anecdotal evidence of discrimination (e.g., letters to the Department, surveys or comments made during a public hearing) related to transportation construction projects.
7) Documented incidents evidencing discrimination related to transportation construction projects.
8) Documented and reported results of established goal-oriented remedial programs affecting the geographic market areas or construction markets.
b) After evaluation of all evidence considered, the Department may issue findings that there is a strong basis in the evidence that there is a compelling interest present to remedy the egregious discrimination identified in the findings against a specific group, race or gender, and that the only remedy for the discrimination is a narrowly tailored target market remedial action. The findings will be provided to the CPO for review in order to determine whether the CPO concurs in the findings. In the event that the Department issues no findings of a compelling interest, the CPO will be informed in writing that the evidentiary review was concluded without findings.
c) Public Hearing
The Department will conduct a public hearing if the CPO concurs in the findings that the Department has a strong basis in evidence that there is:
1) a compelling interest in remedying the identified race or gender discrimination;
2) insufficient race or gender-neutral means available to remedy the egregious discrimination;
3) insufficient existing goal-oriented remedial programs available to remedy the egregious discrimination; and
4) that the only remedy for the race or gender discrimination is a narrowly tailored target market remedial action.
d) The Department will set a time and place for the hearing. Minority, female and general contractors, contracting organizations, community organizations and other interested parties shall have the opportunity to provide comments before, during and for a period of time determined by the Department, after the hearing. After concurrence by the CPO, the hearing will take place within 30 days. A written record of the public hearing will be made and kept by the CPO. (See Section 2705-600(0.5) of the Law.)
Within 14 calendar days following the public hearing, and after consideration of the comments provided by the public, the CPO, in consultation with the Department, will make a written determination either to implement a narrowly tailored target market remedial action or to discontinue further action. The written determination will identify the type of target market remedial action to be implemented and any race or gender limitations applicable to the action. The written determination will be publicly available on the Department's website at www.dot.il.gov.
(Source: Added at 36 Ill. Reg. 230, effective December 21, 2011)