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Public Act 097-0228


 

Public Act 0228 97TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 097-0228
 
SB1923 EnrolledLRB097 07401 HEP 47510 b

    AN ACT concerning State government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Department of Transportation Law of the
Civil Administrative Code of Illinois is amended by changing
Section 2705-600 as follows:
 
    (20 ILCS 2705/2705-600)
    Sec. 2705-600. Target market program. In order to remedy
particular incidents and patterns of egregious race or gender
discrimination, the chief procurement officer, in consultation
with the Department, shall have the power to implement a target
market program incorporating the following terms: achieve all
diversity goals, the Department's chief procurement officer
shall develop and coordinate a target market program including
the following elements:
        (0.5) Each fiscal year, the Department shall review any
    and all evidence of discrimination related to
    transportation construction projects. Evidence of
    discrimination may include, but is not limited to: (i) the
    determination of the Department's utilization of
    minority-owned and female-owned firms in its prime
    contracts and associated subcontracts; (ii) the
    availability of minority-owned and female-owned firms in
    the Department's geographic market areas and specific
    construction industry markets; (iii) any disparities
    between the utilization of minority-owned and female-owned
    firms in the Department's markets and the utilization of
    those firms on the Department's prime contracts and
    subcontracts in those markets; (iv) any disparities
    between the utilization of minority-owned and female-owned
    firms in the overall construction markets in which the
    Department purchases and the utilization of those firms in
    the overall construction economy in which the Department
    operates; (v) evidence of discrimination in the rates at
    which minority-owned and female-owned firms in the
    Department's markets form businesses compared to similar
    non-minority-owned and non-female-owned firms in the
    Department's markets and in the dollars earned by such
    businesses; and (vi) quantitative and qualitative
    anecdotal evidence of discrimination. If after reviewing
    such evidence, the Department finds and the chief
    procurement officer concurs in the findings that the
    Department has a strong basis in evidence that it has a
    compelling interest in remedying the identified
    discrimination against a specific group, race, or gender,
    and that the only remedy for such discrimination is a
    narrowly tailored target market, the chief procurement
    officer, in consultation with the Department, has the power
    to establish and implement a target market program tailored
    to address the specific findings of egregious
    discrimination made by the Department, after a public
    hearing at which minority, female, and general contractor
    groups, community organizations, and other interested
    parties shall have the opportunity to provide comments.
        (1) In January of each year, the Department and the
    chief procurement officer shall report jointly to the
    General Assembly the results of any evidentiary inquiries
    or studies that establish the Department's compelling
    interest in remedying egregious discrimination based upon
    strong evidence of the need for a narrowly tailored target
    market to remedy such discrimination and public hearings
    held pursuant to this Section, and shall report the actions
    to be taken to address the findings, including, if
    warranted, the establishment and implementation of any
    target market initiatives. estimate the dollar value of all
    contracts to be awarded by the Department during that year
    and shall multiply that total by the minority-owned
    business target market percentage and the women-owned
    business target market percentage for that year. Contracts
    with an estimated dollar value equal to those products
    shall be set aside (prior to advertisement in the case of
    contracts to be awarded by bid) to be let only to qualified
    minority-owned businesses and qualified women-owned
    businesses, respectively.
        (2) The chief procurement officer shall work with the
    officers and divisions of the Department to determine the
    appropriate designation of contracts as target market
    contracts. The To the extent practical, the chief
    procurement officer, in consultation with the Department,
    shall determine appropriate contract formation and bidding
    procedures for target market contracts, including, but not
    limited to, the dividing of divide the procurements so
    designated into contract award units of economically
    feasible production runs in order to facilitate offers or
    bids from minority-owned businesses and female-owned
    women-owned businesses and the removal of bid bond
    requirements for minority-owned businesses and
    female-owned businesses. In making the annual designation
    of target market contracts, the chief procurement officer
    shall attempt to vary the included procurements so that a
    variety of goods and services produced by different
    minority-owned businesses and women-owned businesses shall
    be set aside each year. Minority-owned businesses and
    female-owned women-owned businesses shall remain eligible
    to seek the procurement award of contracts that have not
    been designated as target market contracts.
        (3) The Department shall develop a list of
    minority-owned businesses and women-owned businesses that
    are interested in participating in the target market
    program, including the type of contract in which each
    minority-owned businesses and women-owned businesses is
    interested in participating. The chief procurement officer
    Department may make participation in the target market
    program dependent upon submission to stricter compliance
    audits than are generally applicable. No contract shall be
    eligible for inclusion in the target market program unless
    the list developed by the Department determines indicates
    that there are at least 3 qualified minority-owned
    businesses or female-owned women-owned businesses
    interested in participating in that type of contract. The
    Department, with the concurrence of the chief procurement
    officer, may develop guidelines to regulate the level of
    participation of individual minority-owned businesses and
    female-owned women-owned businesses in the target market
    program in order to prevent the domination of the target
    market program by a small number of those entities. The If
    necessary or useful, the Department may require
    minority-owned businesses and female-owned women-owned
    businesses to participate in training programs offered by
    the Department or other State agencies as a condition
    precedent to participation in the target market program.
        (4) Participation in the target market program shall be
    limited to minority-owned businesses and female-owned
    women-owned businesses and joint ventures consisting
    exclusively of minority-owned businesses, female-owned
    women-owned businesses, or both, that are certified as
    disadvantaged businesses pursuant to the provisions of
    Section 6(d) of the Business Enterprise for Minorities,
    Females, and Persons with Disabilities Act. A firm awarded
    The prime contractor on a target market contract may
    subcontract up to 50% of the dollar value of the target
    market contract to subcontractors who are not
    minority-owned businesses or female-owned women-owned
    businesses.
        (5) The Department may include in the target market
    program contracts that are funded by the federal government
    to the extent allowed by federal law and may vary the
    standards of eligibility of the target market program (for
    example, by allowing the participation of businesses owned
    by a person with a disability) to the extent necessary to
    comply with the federal funding requirements.
        (6) If no satisfactory bid or response is received with
    respect to a contract that has been designated as part of
    the target market program, the chief procurement officer,
    in consultation with the Department, Department may delete
    that contract from the target market program. In addition,
    the chief procurement officer, in consultation with the
    Department, may shall thereupon designate and set aside for
    the target market program additional contracts
    corresponding in approximate value to the contract that was
    deleted from the target market program, in keeping with the
    narrowly tailored process used for selecting contracts
    suitable for the program and to the extent feasible.
        (7) The chief procurement officer, in consultation
    with the Department, shall promulgate such rules as he or
    she deems necessary to administer the target market
    program. In order to facilitate the performance of target
    market contracts by minority-owned businesses and
    women-owned businesses, the chief procurement officer may
    expedite payments under target market contracts, may
    reduce retainages under target market contracts when
    appropriate, and may pay the contractor a portion of the
    value of a target market contract at the time of award as
    an advance to cover start-up and mobilization costs.
    If any part, sentence, or clause of this Section is for any
reason held invalid or to be unconstitutional, such decision
shall not affect the validity of the remaining portions of this
Section.
    This Section is repealed on June 30, 2014.
(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
for the effective date of P.A. 96-795).)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 7/28/2011