Illinois General Assembly - Full Text of HB1454
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Full Text of HB1454  96th General Assembly



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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. The Department of
9Transportation shall regularly review any and all evidence of
10discrimination including but not limited to evidence used for
11purposes of establishing disadvantaged business enterprise
12goals applicable to minority-owned businesses and female-owned
13businesses pursuant to subsection (d) of Section 6 of the
14Business Enterprise for Minorities, Females, and Persons with
15Disabilities Act. If, after reviewing such evidence, the
16Department finds and the chief procurement officer concurs in
17the findings that discrimination exists against a specific
18group, race, or gender, the chief procurement officer has the
19power to establish and implement a target market program
20tailored to address the specific findings made by the
21Department after a public hearing at which minority, women's,
22and general contractor groups, community organizations, and
23other interested parties shall have the opportunity to provide



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1comments. As used in this Section, "target market program"
2means a procurement process whereby construction contracts
3selected by the chief procurement officer are let utilizing
4procedures designed to encourage and facilitate bidding by
5minority-owned businesses, female-owned businesses, and
6disadvantaged businesses as defined in the Business Enterprise
7for Minorities, Females, and Persons with Disabilities Act. A
8target market program shall incorporate In order to achieve all
9diversity goals, the Department's chief procurement officer
10shall develop and coordinate a target market program including
11the following elements:
12        (1) In January of each year, the Department and the
13    chief procurement officer shall report jointly to the
14    General Assembly the results of hearings held pursuant to
15    this Section, and shall report the actions to be taken to
16    address the findings including the establishment and
17    implementation of target market initiatives. The dollar
18    value of all contracts bid under the target market program
19    shall count towards the achievement of the goals for
20    utilization of minority-owned businesses, female-owned
21    businesses, and disadvantaged businesses established for
22    the State-funded construction program pursuant to
23    subsection (d) of Section 6 of the Business Enterprise for
24    Minorities, Females, and Persons with Disabilities Act.
25    estimate the dollar value of all contracts to be awarded by
26    the Department during that year and shall multiply that



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1    total by the minority-owned business target market
2    percentage and the women-owned business target market
3    percentage for that year. Contracts with an estimated
4    dollar value equal to those products shall be set aside
5    (prior to advertisement in the case of contracts to be
6    awarded by bid) to be let only to qualified minority-owned
7    businesses and qualified women-owned businesses,
8    respectively.
9        (2) The chief procurement officer shall work with the
10    officers and divisions of the Department to determine the
11    appropriate designation of contracts as target market
12    contracts. The chief procurement officer working with the
13    Department shall determine appropriate contract formation
14    and bidding procedures for target market contracts
15    including but not limited to: division of procurements so
16    designated into contract award units to facilitate offers
17    or bids from minority-owned businesses and female-owned
18    businesses; direct solicitation of bids or offers from
19    minority-owned businesses and female-owned businesses;
20    providing various contracting opportunities to encourage
21    maximum involvement of minority-owned businesses and
22    female-owned businesses; removal of bid bond requirements
23    for minority-owned businesses and female-owned businesses;
24    and identification of sheltered market contracts as
25    defined in subsection (d) of Section 6 of the Business
26    Enterprise for Minorities, Females, and Persons with



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1    Disabilities Act. To the extent practical, the chief
2    procurement officer shall divide the procurements so
3    designated into contract award units of economically
4    feasible production runs in order to facilitate offers or
5    bids from minority-owned businesses and women-owned
6    businesses. In making the annual designation of target
7    market contracts, the chief procurement officer shall
8    attempt to vary the included procurements so that a variety
9    of goods and services produced by different minority-owned
10    businesses and women-owned businesses shall be set aside
11    each year. Minority-owned businesses and female-owned
12    women-owned businesses shall remain eligible to seek the
13    procurement award of contracts that have not been
14    designated as target market contracts.
15        (3) The chief procurement officer Department shall
16    develop a list of minority-owned businesses and
17    women-owned businesses that are interested in
18    participating in the target market program, including the
19    type of contract in which each minority-owned businesses
20    and women-owned businesses is interested in participating.
21    The Department may make participation in the target market
22    program dependent upon submission to stricter compliance
23    audits than are generally applicable. No contract shall be
24    eligible for inclusion in the target market program unless
25    the list developed by the Department determines indicates
26    that there are at least 3 qualified minority-owned



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1    businesses or female-owned women-owned businesses
2    interested in participating in that type of contract. The
3    Department with concurrence by the chief procurement
4    officer may waive this requirement for a particular
5    contract if the particular contract would have a
6    significant impact on participating businesses. The
7    Department with concurrence by the chief procurement
8    officer may develop guidelines to regulate the level of
9    participation of individual minority-owned businesses and
10    female-owned women-owned businesses in the target market
11    program in order to prevent the domination of the target
12    market program by a small number of those entities. The If
13    necessary or useful, the Department may require
14    minority-owned businesses and female-owned women-owned
15    businesses to participate in training programs offered by
16    the Department or other State agencies as a condition
17    precedent to participation in the target market program.
18        (4) Participation in the target market program shall be
19    limited to prequalified minority-owned businesses and
20    female-owned women-owned businesses and joint ventures
21    consisting exclusively of minority-owned businesses,
22    female-owned women-owned businesses, or both, that are
23    certified as disadvantaged businesses pursuant to the
24    provisions of subsection (d) of Section 6 of the Business
25    Enterprise for Minorities, Females, and Persons with
26    Disabilities Act. The Department may include previously



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



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1    market contracts by minority-owned businesses and
2    female-owned women-owned businesses, the Department chief
3    procurement officer may expedite payments under target
4    market contracts, may reduce retainages under target
5    market contracts when appropriate, and may pay the
6    contractor a portion of the value of a target market
7    contract at the time of award as an advance to cover
8    start-up and mobilization costs.
9(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
10for the effective date of P.A. 96-795).)
11    Section 99. Effective date. This Act takes effect upon
12becoming law.