at the request of the affected agency or university, may permit an entire class of contracts be made exempt from State contracting goals for businesses owned by minorities, females, 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, females, and persons with disabilities to ensure adequate competition and an expectation of reasonable prices on bids or proposals within that class.
(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, females, and persons with
(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 waivers granted under this Section with respect to contracts under his or her jurisdiction. The database, which shall be updated periodically as necessary, shall be searchable by contractor name and by contracting State agency.
Each public notice required by law of the award of a State contract shall include for each bid submitted for that contract the following: (i) the bidder's name, (ii) the bid amount, (iii) the bid's percentage of disadvantaged business utilization plan, and (iv) the bid's percentage of business enterprise program utilization plan.
(Source: P.A. 96-1064, eff. 7-16-10