(30 ILCS 575/7) (from Ch. 127, par. 132.607)
    (Section scheduled to be repealed on June 30, 2024)
    Sec. 7. Exemptions; waivers; publication of data.
    (1) Individual contract exemptions. The Council, at the written request of the affected agency, public institution of higher education, or recipient of a grant or loan of State funds of $250,000 or more complying with Section 45 of the State Finance Act, may permit an individual contract or contract package, (related contracts being bid or awarded simultaneously for the same project or improvements) be made wholly or partially exempt from State contracting goals for businesses owned by minorities, women, and persons with disabilities prior to the advertisement for bids or solicitation of proposals whenever there has been a determination, reduced to writing and based on the best information available at the time of the determination, that there is an insufficient number of businesses owned by minorities, women, and persons with disabilities to ensure adequate competition and an expectation of reasonable prices on bids or proposals solicited for the individual contract or contract package in question. Any such exemptions shall be given by the Council to the Bureau on Apprenticeship Programs.
        (a) Written request for contract exemption. A written
    
request for an individual contract exemption must include, but is not limited to, the following:
            (i) a list of eligible businesses owned by
        
minorities, women, and persons with disabilities;
            (ii) a clear demonstration that the number of
        
eligible businesses identified in subparagraph (i) above is insufficient to ensure adequate competition;
            (iii) the difference in cost between the contract
        
proposals being offered by businesses owned by minorities, women, and persons with disabilities and the agency or public institution of higher education's expectations of reasonable prices on bids or proposals within that class; and
            (iv) a list of eligible businesses owned by
        
minorities, women, and persons with disabilities that the contractor has used in the current and prior fiscal years.
        (b) Determination. The Council's determination
    
concerning an individual contract exemption must consider, at a minimum, the following:
            (i) the justification for the requested
        
exemption, including whether diligent efforts were undertaken to identify and solicit eligible businesses owned by minorities, women, and persons with disabilities;
            (ii) the total number of exemptions granted to
        
the affected agency, public institution of higher education, or recipient of a grant or loan of State funds of $250,000 or more complying with Section 45 of the State Finance Act that have been granted by the Council in the current and prior fiscal years; and
            (iii) the percentage of contracts awarded by the
        
agency or public institution of higher education to eligible businesses owned by minorities, women, and persons with disabilities in the current and prior fiscal years.
    (2) Class exemptions.
        (a) Creation. The Council, at the written request of
    
the affected agency or public institution of higher education, may permit an entire class of contracts be made exempt from State contracting goals for businesses owned by minorities, women, and persons with disabilities whenever there has been a determination, reduced to writing and based on the best information available at the time of the determination, that there is an insufficient number of qualified businesses owned by minorities, women, and persons with disabilities to ensure adequate competition and an expectation of reasonable prices on bids or proposals within that class. Any such exemption shall be given by the Council to the Bureau on Apprenticeship Programs.
        (a-1) Written request for class exemption. A written
    
request for a class exemption must include, but is not limited to, the following:
            (i) a list of eligible businesses owned by
        
minorities, women, and persons with disabilities;
            (ii) a clear demonstration that the number of
        
eligible businesses identified in subparagraph (i) above is insufficient to ensure adequate competition;
            (iii) the difference in cost between the contract
        
proposals being offered by eligible businesses owned by minorities, women, and persons with disabilities and the agency or public institution of higher education's expectations of reasonable prices on bids or proposals within that class; and
            (iv) the number of class exemptions the affected
        
agency or public institution of higher education requested in the current and prior fiscal years.
        (a-2) Determination. The Council's determination
    
concerning class exemptions must consider, at a minimum, the following:
            (i) the justification for the requested
        
exemption, including whether diligent efforts were undertaken to identify and solicit eligible businesses owned by minorities, women, and persons with disabilities;
            (ii) the total number of class exemptions granted
        
to the requesting agency or public institution of higher education that have been granted by the Council in the current and prior fiscal years; and
            (iii) the percentage of contracts awarded by the
        
agency or public institution of higher education to eligible businesses owned by minorities, women, and persons with disabilities the current and prior fiscal years.
        (b) Limitation. Any such class exemption shall not
    
be permitted for a period of more than one year at a time.
    (3) Waivers. Where a particular contract requires a contractor to meet a goal established pursuant to this Act, the contractor shall have the right to request a waiver from such requirements. The Council shall grant the waiver where the contractor demonstrates that there has been made a good faith effort to comply with the goals for participation by businesses owned by minorities, women, and persons with disabilities. Any such waiver shall also be transmitted in writing to the Bureau on Apprenticeship Programs.
        (a) Request for waiver. A contractor's request for a
    
waiver under this subsection (3) must include, but is not limited to, the following, if available:
            (i) a list of eligible businesses owned by
        
minorities, women, and persons with disabilities that pertain to the class of contracts in the requested waiver;
            (ii) a clear demonstration that the number of
        
eligible businesses identified in subparagraph (i) above is insufficient to ensure competition;
            (iii) the difference in cost between the contract
        
proposals being offered by businesses owned by minorities, women, and persons with disabilities and the agency or the public institution of higher education's expectations of reasonable prices on bids or proposals within that class; and
            (iv) a list of businesses owned by minorities,
        
women, and persons with disabilities that the contractor has used in the current and prior fiscal years.
        (b) Determination. The Council's determination
    
concerning waivers must include following:
            (i) the justification for the requested waiver,
        
including whether the requesting contractor made a good faith effort to identify and solicit eligible businesses owned by minorities, women, and persons with disabilities;
            (ii) the total number of waivers the contractor
        
has been granted by the Council in the current and prior fiscal years;
            (iii) the percentage of contracts awarded by the
        
agency or public institution of higher education to eligible businesses owned by minorities, women, and persons with disabilities in the current and prior fiscal years; and
            (iv) the contractor's use of businesses owned by
        
minorities, women, and persons with disabilities in the current and prior fiscal years.
    (3.5) (Blank).
    (4) Conflict with other laws. In the event that any State contract, which otherwise would be subject to the provisions of this Act, is or becomes subject to federal laws or regulations which conflict with the provisions of this Act or actions of the State taken pursuant hereto, the provisions of the federal laws or regulations shall apply and the contract shall be interpreted and enforced accordingly.
    (5) Each chief procurement officer, as defined in the Illinois Procurement Code, shall maintain on his or her official Internet website a database of the following: (i) waivers granted under this Section with respect to contracts under his or her jurisdiction; (ii) a State agency or public institution of higher education's written request for an exemption of an individual contract or an entire class of contracts; and (iii) the Council's written determination granting or denying a request for an exemption of an individual contract or an entire class of contracts. The database, which shall be updated periodically as necessary, shall be searchable by contractor name and by contracting State agency.
    (6) Each chief procurement officer, as defined by the Illinois Procurement Code, shall maintain on its website a list of all firms that have been prohibited from bidding, offering, or entering into a contract with the State of Illinois as a result of violations of this Act.
    Each public notice required by law of the award of a State contract shall include for each bid or offer submitted for that contract the following: (i) the bidder's or offeror's name, (ii) the bid amount, (iii) the name or names of the certified firms identified in the bidder's or offeror's submitted utilization plan, and (iv) the bid's amount and percentage of the contract awarded to businesses owned by minorities, women, and persons with disabilities identified in the utilization plan.
(Source: P.A. 100-391, eff. 8-25-17; 101-170, eff. 1-1-20; 101-601, eff. 1-1-20.)