101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3292

 

Introduced , by Rep. William Davis

 

SYNOPSIS AS INTRODUCED:
 
30 ILCS 575/4  from Ch. 127, par. 132.604

    Amends the Business Enterprise for Minorities, Women, and Persons with Disabilities Act. Provides that solicitations (currently, only Non-construction solicitations) that include Business Enterprise Program participation goals shall require bidders and offerors to include utilization plans. Provides that failure to complete and include a completed utilization plan shall render a bid or offer non-responsive. Provides that those who submit bids or proposals for State contracts, whose bids or proposals are successful and include a completed utilization plan but that fail to meet the goals set forth in the solicitation, shall be notified of that deficiency and shall be afforded a period not to exceed 10 calendar days from the date of notification to cure that deficiency in the bid or proposal. Provides that the deficiency in the bid or proposal may only be cured by contracting with additional subcontractors owned by minorities or women subcontractors, or by increasing the work to be performed by previously identified vendors owned by minorities or women subcontractors. Provides that in no case shall an identified subcontractor with a certification be terminated from the contract without the written consent of the State agency or public institution of higher education entering into the contract. Makes conforming and other changes.


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A BILL FOR

 

HB3292LRB101 10153 RJF 55256 b

1    AN ACT concerning finance.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Business Enterprise for Minorities, Women,
5and Persons with Disabilities Act is amended by changing
6Section 4 as follows:
 
7    (30 ILCS 575/4)  (from Ch. 127, par. 132.604)
8    (Section scheduled to be repealed on June 30, 2020)
9    Sec. 4. Award of State contracts.
10    (a) Except as provided in subsections (b) and (c), not less
11than 20% of the total dollar amount of State contracts, as
12defined by the Secretary of the Council and approved by the
13Council, shall be established as an aspirational goal to be
14awarded to businesses owned by minorities, women, and persons
15with disabilities; provided, however, that of the total amount
16of all State contracts awarded to businesses owned by
17minorities, women, and persons with disabilities pursuant to
18this Section, contracts representing at least 11% shall be
19awarded to businesses owned by minorities, contracts
20representing at least 7% shall be awarded to women-owned
21businesses, and contracts representing at least 2% shall be
22awarded to businesses owned by persons with disabilities.
23    The above percentage relates to the total dollar amount of

 

 

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1State contracts during each State fiscal year, calculated by
2examining independently each type of contract for each agency
3or public institutions of higher education which awards lets
4such contracts. Only that percentage of arrangements which
5represents the participation of businesses owned by
6minorities, women, and persons with disabilities on such
7contracts shall be included.
8    (b) In the case of State construction contracts, the
9provisions of subsection (a) requiring a portion of State
10contracts to be awarded to businesses owned and controlled by
11persons with disabilities do not apply. The following
12aspirational goals are established for State construction
13contracts: not less than 20% of the total dollar amount of
14State construction contracts is established as a goal to be
15awarded to minority-owned and women-owned businesses.
16    (c) In the case of all work undertaken by the University of
17Illinois related to the planning, organization, and staging of
18the games, the University of Illinois shall establish a goal of
19awarding not less than 25% of the annual dollar value of all
20contracts, purchase orders, and other agreements (collectively
21referred to as "the contracts") to minority-owned businesses or
22businesses owned by a person with a disability and 5% of the
23annual dollar value the contracts to women-owned businesses.
24For purposes of this subsection, the term "games" has the
25meaning set forth in the Olympic Games and Paralympic Games
26(2016) Law.

 

 

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1    (d) Within one year after April 28, 2009 (the effective
2date of Public Act 96-8), the Department of Central Management
3Services shall conduct a social scientific study that measures
4the impact of discrimination on minority and women business
5development in Illinois. Within 18 months after April 28, 2009
6(the effective date of Public Act 96-8), the Department shall
7issue a report of its findings and any recommendations on
8whether to adjust the goals for minority and women
9participation established in this Act. Copies of this report
10and the social scientific study shall be filed with the
11Governor and the General Assembly.
12    (e) (Blank). Except as permitted under this Act or as
13otherwise mandated by federal law or regulation, those who
14submit bids or proposals for State contracts subject to the
15provisions of this Act, whose bids or proposals are successful
16and include a utilization plan but that fail to meet the goals
17set forth in subsection (b) of this Section, shall be notified
18of that deficiency and shall be afforded a period not to exceed
1910 calendar days from the date of notification to cure that
20deficiency in the bid or proposal. The deficiency in the bid or
21proposal may only be cured by contracting with additional
22subcontractors who are owned by minorities or women, but in no
23case shall an identified subcontractor with a certification
24made pursuant to this Act be terminated from the contract
25without the written consent of the State agency or public
26institution of higher education entering into the contract.

 

 

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1    (f) Solicitations Non-construction solicitations that
2include Business Enterprise Program participation goals shall
3require bidders and offerors to include utilization plans.
4    Utilization plans are due at the time of bid or offer
5submission. Failure to complete and include a completed
6utilization plan, including documentation demonstrating good
7faith effort if when requesting a waiver, shall render the bid
8or offer non-responsive.
9    Except as permitted under this Act or as otherwise mandated
10by federal law or regulation, those who submit bids or
11proposals for State contracts, whose bids or proposals are
12successful and include a completed utilization plan but that
13fail to meet the goals set forth in the solicitation, shall be
14notified of that deficiency and shall be afforded a period not
15to exceed 10 calendar days from the date of notification to
16cure that deficiency in the bid or proposal.
17    The deficiency in the bid or proposal may only be cured by
18contracting with additional subcontractors owned by minorities
19or women subcontractors, or by increasing the work to be
20performed by previously identified vendors owned by minorities
21or women subcontractors. In no case shall an identified
22subcontractor with a certification made pursuant to this Act be
23terminated from the contract without the written consent of the
24State agency or public institution of higher education entering
25into the contract.
26(Source: P.A. 99-462, eff. 8-25-15; 99-514, eff. 6-30-16;

 

 

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1100-391, eff. 8-25-17.)