SB2761 EngrossedLRB098 16261 MLW 51320 b

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8    (Section scheduled to be repealed on June 30, 2014)
9    Sec. 2705-600. Target market program. In order to remedy
10particular incidents and patterns of egregious race or gender
11discrimination, the chief procurement officer, in consultation
12with the Department, shall have the power to implement a target
13market program incorporating the following terms:
14        (0.5) Each fiscal year, the Department shall review any
15    and all evidence of discrimination related to
16    transportation construction projects. Evidence of
17    discrimination may include, but is not limited to: (i) the
18    determination of the Department's utilization of
19    minority-owned and female-owned firms in its prime
20    contracts and associated subcontracts; (ii) the
21    availability of minority-owned and female-owned firms in
22    the Department's geographic market areas and specific
23    construction industry markets; (iii) any disparities

 

 

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

 

 

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1    hearing at which minority, female, and general contractor
2    groups, community organizations, and other interested
3    parties shall have the opportunity to provide comments.
4        (1) In January of each year, the Department and the
5    chief procurement officer shall report jointly to the
6    General Assembly the results of any evidentiary inquiries
7    or studies that establish the Department's compelling
8    interest in remedying egregious discrimination based upon
9    strong evidence of the need for a narrowly tailored target
10    market to remedy such discrimination and public hearings
11    held pursuant to this Section, and shall report the actions
12    to be taken to address the findings, including, if
13    warranted, the establishment and implementation of any
14    target market initiatives.
15        (2) The chief procurement officer shall work with the
16    officers and divisions of the Department to determine the
17    appropriate designation of contracts as target market
18    contracts. The chief procurement officer, in consultation
19    with the Department, shall determine appropriate contract
20    formation and bidding procedures for target market
21    contracts, including, but not limited to, the dividing of
22    procurements so designated into contract award units in
23    order to facilitate offers or bids from minority-owned
24    businesses and female-owned businesses and the removal of
25    bid bond requirements for minority-owned businesses and
26    female-owned businesses. Minority-owned businesses and

 

 

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

 

 

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1    pursuant to the provisions of Section 6(d) of the Business
2    Enterprise for Minorities, Females, and Persons with
3    Disabilities Act. A firm awarded a target market contract
4    may 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 businesses.
7        (5) The Department may include in the target market
8    program contracts that are funded by the federal government
9    to the extent allowed by federal law and may vary the
10    standards of eligibility of the target market program to
11    the extent necessary to comply with the federal funding
12    requirements.
13        (6) If no satisfactory bid or response is received with
14    respect to a contract that has been designated as part of
15    the target market program, the chief procurement officer,
16    in consultation with the Department, may delete that
17    contract from the target market program. In addition, the
18    chief procurement officer, in consultation with the
19    Department, may thereupon designate and set aside for the
20    target market program additional contracts corresponding
21    in approximate value to the contract that was deleted from
22    the target market program, in keeping with the narrowly
23    tailored process used for selecting contracts suitable for
24    the program and to the extent feasible.
25        (7) The chief procurement officer, in consultation
26    with the Department, shall promulgate such rules as he or

 

 

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1    she deems necessary to administer the target market
2    program.
3    If any part, sentence, or clause of this Section is for any
4reason held invalid or to be unconstitutional, such decision
5shall not affect the validity of the remaining portions of this
6Section.
7    This Section is repealed on June 30, 2017 2014.
8(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
9for the effective date of P.A. 96-795); 97-228, eff. 7-28-11.)
 
10    Section 99. Effective date. This Act takes effect upon
11becoming law.