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1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Department of Transportation Law of the
5Civil Administrative Code of Illinois is amended by changing
6Section 2705-600 as follows:
 
7    (20 ILCS 2705/2705-600)
8    Sec. 2705-600. Target market program. In order to remedy
9particular incidents and patterns of egregious race or gender
10discrimination, the chief procurement officer, in consultation
11with the Department, shall have the power to implement a target
12market program incorporating the following terms: achieve all
13diversity goals, the Department's chief procurement officer
14shall develop and coordinate a target market program including
15the following elements:
16        (0.5) Each fiscal year, the Department shall review any
17    and all evidence of discrimination related to
18    transportation construction projects. Evidence of
19    discrimination may include, but is not limited to: (i) the
20    determination of the Department's utilization of
21    minority-owned and female-owned firms in its prime
22    contracts and associated subcontracts; (ii) the
23    availability of minority-owned and female-owned firms in

 

 

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1    the Department's geographic market areas and specific
2    construction industry markets; (iii) any disparities
3    between the utilization of minority-owned and female-owned
4    firms in the Department's markets and the utilization of
5    those firms on the Department's prime contracts and
6    subcontracts in those markets; (iv) any disparities
7    between the utilization of minority-owned and female-owned
8    firms in the overall construction markets in which the
9    Department purchases and the utilization of those firms in
10    the overall construction economy in which the Department
11    operates; (v) evidence of discrimination in the rates at
12    which minority-owned and female-owned firms in the
13    Department's markets form businesses compared to similar
14    non-minority-owned and non-female-owned firms in the
15    Department's markets and in the dollars earned by such
16    businesses; and (vi) quantitative and qualitative
17    anecdotal evidence of discrimination. If after reviewing
18    such evidence, the Department finds and the chief
19    procurement officer concurs in the findings that the
20    Department has a strong basis in evidence that it has a
21    compelling interest in remedying the identified
22    discrimination against a specific group, race, or gender,
23    and that the only remedy for such discrimination is a
24    narrowly tailored target market, the chief procurement
25    officer, in consultation with the Department, has the power
26    to establish and implement a target market program tailored

 

 

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1    to address the specific findings of egregious
2    discrimination made by the Department, after a public
3    hearing at which minority, female, and general contractor
4    groups, community organizations, and other interested
5    parties shall have the opportunity to provide comments.
6        (1) In January of each year, the Department and the
7    chief procurement officer shall report jointly to the
8    General Assembly the results of any evidentiary inquiries
9    or studies that establish the Department's compelling
10    interest in remedying egregious discrimination based upon
11    strong evidence of the need for a narrowly tailored target
12    market to remedy such discrimination and public hearings
13    held pursuant to this Section, and shall report the actions
14    to be taken to address the findings, including, if
15    warranted, the establishment and implementation of any
16    target market initiatives. estimate the dollar value of all
17    contracts to be awarded by the Department during that year
18    and shall multiply that total by the minority-owned
19    business target market percentage and the women-owned
20    business target market percentage for that year. Contracts
21    with an estimated dollar value equal to those products
22    shall be set aside (prior to advertisement in the case of
23    contracts to be awarded by bid) to be let only to qualified
24    minority-owned businesses and qualified women-owned
25    businesses, respectively.
26        (2) The chief procurement officer shall work with the

 

 

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1    officers and divisions of the Department to determine the
2    appropriate designation of contracts as target market
3    contracts. The To the extent practical, the chief
4    procurement officer, in consultation with the Department,
5    shall determine appropriate contract formation and bidding
6    procedures for target market contracts, including, but not
7    limited to, the dividing of divide the procurements so
8    designated into contract award units of economically
9    feasible production runs in order to facilitate offers or
10    bids from minority-owned businesses and female-owned
11    women-owned businesses and the removal of bid bond
12    requirements for minority-owned businesses and
13    female-owned businesses. In making the annual designation
14    of target market contracts, the chief procurement officer
15    shall attempt to vary the included procurements so that a
16    variety of goods and services produced by different
17    minority-owned businesses and women-owned businesses shall
18    be set aside each year. Minority-owned businesses and
19    female-owned women-owned businesses shall remain eligible
20    to seek the procurement award of contracts that have not
21    been designated as target market contracts.
22        (3) The Department shall develop a list of
23    minority-owned businesses and women-owned businesses that
24    are interested in participating in the target market
25    program, including the type of contract in which each
26    minority-owned businesses and women-owned businesses is

 

 

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1    interested in participating. The chief procurement officer
2    Department may make participation in the target market
3    program dependent upon submission to stricter compliance
4    audits than are generally applicable. No contract shall be
5    eligible for inclusion in the target market program unless
6    the list developed by the Department determines indicates
7    that there are at least 3 qualified minority-owned
8    businesses or female-owned women-owned businesses
9    interested in participating in that type of contract. The
10    Department, with the concurrence of the chief procurement
11    officer, may develop guidelines to regulate the level of
12    participation of individual minority-owned businesses and
13    female-owned women-owned businesses in the target market
14    program in order to prevent the domination of the target
15    market program by a small number of those entities. The If
16    necessary or useful, the Department may require
17    minority-owned businesses and female-owned women-owned
18    businesses to participate in training programs offered by
19    the Department or other State agencies as a condition
20    precedent to participation in the target market program.
21        (4) Participation in the target market program shall be
22    limited to minority-owned businesses and female-owned
23    women-owned businesses and joint ventures consisting
24    exclusively of minority-owned businesses, female-owned
25    women-owned businesses, or both, that are certified as
26    disadvantaged businesses pursuant to the provisions of

 

 

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1    Section 6(d) of the Business Enterprise for Minorities,
2    Females, and Persons with Disabilities Act. A firm awarded
3    The prime contractor on a target market contract may
4    subcontract up to 50% of the dollar value of the target
5    market contract to subcontractors who are not
6    minority-owned businesses or female-owned women-owned
7    businesses.
8        (5) The Department may include in the target market
9    program contracts that are funded by the federal government
10    to the extent allowed by federal law and may vary the
11    standards of eligibility of the target market program (for
12    example, by allowing the participation of businesses owned
13    by a person with a disability) to the extent necessary to
14    comply with the federal funding requirements.
15        (6) If no satisfactory bid or response is received with
16    respect to a contract that has been designated as part of
17    the target market program, the chief procurement officer,
18    in consultation with the Department, Department may delete
19    that contract from the target market program. In addition,
20    the chief procurement officer, in consultation with the
21    Department, may shall thereupon designate and set aside for
22    the target market program additional contracts
23    corresponding in approximate value to the contract that was
24    deleted from the target market program, in keeping with the
25    narrowly tailored process used for selecting contracts
26    suitable for the program and to the extent feasible.

 

 

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1        (7) The chief procurement officer, in consultation
2    with the Department, shall promulgate such rules as he or
3    she deems necessary to administer the target market
4    program. In order to facilitate the performance of target
5    market contracts by minority-owned businesses and
6    women-owned businesses, the chief procurement officer may
7    expedite payments under target market contracts, may
8    reduce retainages under target market contracts when
9    appropriate, and may pay the contractor a portion of the
10    value of a target market contract at the time of award as
11    an advance to cover start-up and mobilization costs.
12    If any part, sentence, or clause of this Section is for any
13reason held invalid or to be unconstitutional, such decision
14shall not affect the validity of the remaining portions of this
15Section.
16    This Section is repealed on June 30, 2014.
17(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
18for the effective date of P.A. 96-795).)
 
19    Section 99. Effective date. This Act takes effect upon
20becoming law.