Sen. Toi W. Hutchinson

Filed: 4/6/2011

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1923

2    AMENDMENT NO. ______. Amend Senate Bill 1923 by replacing
3everything after the enacting clause with the following:
 
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

 

 

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1    and all evidence of discrimination related to
2    transportation construction projects. Evidence of
3    discrimination may include, but is not limited to: (i) the
4    determination of the Department's utilization of
5    minority-owned and female-owned firms in its prime
6    contracts and associated subcontracts; (ii) the
7    availability of minority-owned and female-owned firms in
8    the Department's geographic market areas and specific
9    construction industry markets; (iii) any disparities
10    between the utilization of minority-owned and female-owned
11    firms in the Department's markets and the utilization of
12    those firms on the Department's prime contracts and
13    subcontracts in those markets; (iv) any disparities
14    between the utilization of minority-owned and female-owned
15    firms in the overall construction markets in which the
16    Department purchases and the utilization of those firms in
17    the overall construction economy in which the Department
18    operates; (v) evidence of discrimination in the rates at
19    which minority-owned and female-owned firms in the
20    Department's markets form businesses compared to similar
21    non-minority-owned and non-female-owned firms in the
22    Department's markets and in the dollars earned by such
23    businesses; and (vi) quantitative and qualitative
24    anecdotal evidence of discrimination. If after reviewing
25    such evidence, the Department finds and the chief
26    procurement officer concurs in the findings that the

 

 

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

 

 

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1    business target market percentage for that year. Contracts
2    with an estimated dollar value equal to those products
3    shall be set aside (prior to advertisement in the case of
4    contracts to be awarded by bid) to be let only to qualified
5    minority-owned businesses and qualified women-owned
6    businesses, respectively.
7        (2) The chief procurement officer shall work with the
8    officers and divisions of the Department to determine the
9    appropriate designation of contracts as target market
10    contracts. The To the extent practical, the chief
11    procurement officer, in consultation with the Department,
12    shall determine appropriate contract formation and bidding
13    procedures for target market contracts, including, but not
14    limited to, the dividing of divide the procurements so
15    designated into contract award units of economically
16    feasible production runs in order to facilitate offers or
17    bids from minority-owned businesses and female-owned
18    women-owned businesses and the removal of bid bond
19    requirements for minority-owned businesses and
20    female-owned businesses. In making the annual designation
21    of target market contracts, the chief procurement officer
22    shall attempt to vary the included procurements so that a
23    variety of goods and services produced by different
24    minority-owned businesses and women-owned businesses shall
25    be set aside each year. Minority-owned businesses and
26    female-owned women-owned businesses shall remain eligible

 

 

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1    to seek the procurement award of contracts that have not
2    been designated as target market contracts.
3        (3) The Department shall develop a list of
4    minority-owned businesses and women-owned businesses that
5    are interested in participating in the target market
6    program, including the type of contract in which each
7    minority-owned businesses and women-owned businesses is
8    interested in participating. The chief procurement officer
9    Department may make participation in the target market
10    program dependent upon submission to stricter compliance
11    audits than are generally applicable. No contract shall be
12    eligible for inclusion in the target market program unless
13    the list developed by the Department determines indicates
14    that there are at least 3 qualified minority-owned
15    businesses or female-owned women-owned businesses
16    interested in participating in that type of contract. The
17    Department, with the concurrence of the chief procurement
18    officer, may develop guidelines to regulate the level of
19    participation of individual minority-owned businesses and
20    female-owned women-owned businesses in the target market
21    program in order to prevent the domination of the target
22    market program by a small number of those entities. The If
23    necessary or useful, the Department may require
24    minority-owned businesses and female-owned women-owned
25    businesses to participate in training programs offered by
26    the Department or other State agencies as a condition

 

 

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

 

 

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1    the chief procurement officer, in consultation with the
2    Department, may shall thereupon designate and set aside for
3    the target market program additional contracts
4    corresponding in approximate value to the contract that was
5    deleted from the target market program, in keeping with the
6    narrowly tailored process used for selecting contracts
7    suitable for the program and to the extent feasible.
8        (7) The chief procurement officer, in consultation
9    with the Department, shall promulgate such rules as he or
10    she deems necessary to administer the target market
11    program. In order to facilitate the performance of target
12    market contracts by minority-owned businesses and
13    women-owned businesses, the chief procurement officer may
14    expedite payments under target market contracts, may
15    reduce retainages under target market contracts when
16    appropriate, and may pay the contractor a portion of the
17    value of a target market contract at the time of award as
18    an advance to cover start-up and mobilization costs.
19    If any part, sentence, or clause of this Section is for any
20reason held invalid or to be unconstitutional, such decision
21shall not affect the validity of the remaining portions of this
22Section.
23    This Section is repealed on June 30, 2014.
24(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
25for the effective date of P.A. 96-795).)
 

 

 

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1    Section 99. Effective date. This Act takes effect upon
2becoming law.".