(30 ILCS 575/8)
(from Ch. 127, par. 132.608)
(Section scheduled to be repealed on June 30, 2024)
(1) The Council shall make such findings, recommendations
and proposals to the Governor as are necessary and appropriate to enforce
this Act. If, as a result of its monitoring activities, the Council determines
that its goals and policies are not being met by any State agency or public institution of higher education,
may recommend any or all of the following actions:
(a) Establish enforcement procedures whereby the
Council may recommend to the appropriate State agency, public institutions of higher education, or law enforcement officer that legal or administrative remedies be initiated for violations of contract provisions or rules issued hereunder or by a contracting State agency or public institutions of higher education. State agencies and public institutions of higher education shall be authorized to adopt remedies for such violations which shall include (1) termination of the contract involved, (2) prohibition of participation of the respondents in public contracts for a period not to exceed one year, (3) imposition of a penalty not to exceed any profit acquired as a result of violation, or (4) any combination thereof.
(b) If the Council concludes that a compliance plan
submitted under Section 6 is unlikely to produce the participation goals for businesses owned by minorities, women, and persons with disabilities within the then current fiscal year, the Council may recommend that the State agency or public institution of higher education revise its plan to provide additional opportunities for participation by businesses owned by minorities, women, and persons with disabilities. Such recommended revisions may include, but shall not be limited to, the following:
(i) assurances of stronger and better focused
solicitation efforts to obtain more businesses owned by minorities, women, and persons with disabilities as potential sources of supply;
(ii) division of job or project requirements,
when economically feasible, into tasks or quantities to permit participation of businesses owned by minorities, women, and persons with disabilities;
(iii) elimination of extended experience or
capitalization requirements, when programmatically feasible, to permit participation of businesses owned by minorities, women, and persons with disabilities;
(iv) identification of specific proposed
contracts as particularly attractive or appropriate for participation by businesses owned by minorities, women, and persons with disabilities, such identification to result from and be coupled with the efforts of subparagraphs (i) through (iii);
(v) implementation of those regulations
established for the use of the sheltered market process.
(2) State agencies and public institutions of higher education shall review a vendor's compliance with its utilization plan and the terms of its contract. Without limitation, a vendor's failure to comply with its contractual commitments as contained in the utilization plan; failure to cooperate in providing information regarding its compliance with its utilization plan; or the provision of false or misleading information or statements concerning compliance, certification status, or eligibility of the Business Enterprise Program-certified vendor, good faith efforts, or any other material fact or representation shall constitute a material breach of the contract and entitle the State agency or public institution of higher education to declare a default, terminate the contract, or exercise those remedies provided for in the contract, at law, or in equity.
(3) A vendor shall be in breach of the contract and may be subject to penalties for failure to meet contract goals established under this Act, unless the vendor can show that it made good faith efforts to meet the contract goals.
(Source: P.A. 99-462, eff. 8-25-15; 100-391, eff. 8-25-17