Illinois General Assembly - Full Text of HB1454
Illinois General Assembly

Previous General Assemblies

Full Text of HB1454  96th General Assembly


Rep. William Davis

Filed: 1/3/2011





09600HB1454ham001LRB096 05039 HEP 44302 a


2    AMENDMENT NO. ______. Amend House Bill 1454 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. 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



09600HB1454ham001- 2 -LRB096 05039 HEP 44302 a

1the findings that discrimination exists against a specific
2group, race, or gender, the chief procurement officer has the
3power to establish and implement a target market program
4tailored to address the specific findings made by the
5Department after a public hearing at which minority, women's,
6and general contractor groups, community organizations, and
7other interested parties shall have the opportunity to provide
8comments. As used in this Section, "target market program"
9means a procurement process whereby construction contracts
10selected by the chief procurement officer are let utilizing
11procedures designed to encourage and facilitate bidding by
12minority-owned businesses, female-owned businesses, and
13disadvantaged businesses as defined in the Business Enterprise
14for Minorities, Females, and Persons with Disabilities Act. A
15target market program shall incorporate In order to achieve all
16diversity goals, the Department's chief procurement officer
17shall develop and coordinate a target market program including
18the following elements:
19        (1) In January of each year, the Department and the
20    chief procurement officer shall report jointly to the
21    General Assembly the results of hearings held pursuant to
22    this Section, and shall report the actions to be taken to
23    address the findings including the establishment and
24    implementation of target market initiatives. The dollar
25    value of all contracts bid under the target market program
26    shall count towards the achievement of the goals for



09600HB1454ham001- 3 -LRB096 05039 HEP 44302 a

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



09600HB1454ham001- 4 -LRB096 05039 HEP 44302 a

1    providing various contracting opportunities to encourage
2    maximum involvement of minority-owned businesses and
3    female-owned businesses; removal of bid bond requirements
4    for minority-owned businesses and female-owned businesses;
5    and identification of sheltered market contracts as
6    defined in subsection (d) of Section 6 of the Business
7    Enterprise for Minorities, Females, and Persons with
8    Disabilities Act. To the extent practical, the chief
9    procurement officer shall divide the procurements so
10    designated into contract award units of economically
11    feasible production runs in order to facilitate offers or
12    bids from minority-owned businesses and women-owned
13    businesses. In making the annual designation of target
14    market contracts, the chief procurement officer shall
15    attempt to vary the included procurements so that a variety
16    of goods and services produced by different minority-owned
17    businesses and women-owned businesses shall be set aside
18    each year. Minority-owned businesses and female-owned
19    women-owned businesses shall remain eligible to seek the
20    procurement award of contracts that have not been
21    designated as target market contracts.
22        (3) The chief procurement officer Department shall
23    develop a list of minority-owned businesses and
24    women-owned businesses that are interested in
25    participating in the target market program, including the
26    type of contract in which each minority-owned businesses



09600HB1454ham001- 5 -LRB096 05039 HEP 44302 a

1    and women-owned businesses is interested in participating.
2    The 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 concurrence by the chief procurement
11    officer may waive this requirement for a particular
12    contract if the particular contract would have a
13    significant impact on participating businesses. The
14    Department with concurrence by the chief procurement
15    officer may develop guidelines to regulate the level of
16    participation of individual minority-owned businesses and
17    female-owned women-owned businesses in the target market
18    program in order to prevent the domination of the target
19    market program by a small number of those entities. The If
20    necessary or useful, the Department may require
21    minority-owned businesses and female-owned women-owned
22    businesses to participate in training programs offered by
23    the Department or other State agencies as a condition
24    precedent to participation in the target market program.
25        (4) Participation in the target market program shall be
26    limited to prequalified minority-owned businesses and



09600HB1454ham001- 6 -LRB096 05039 HEP 44302 a

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



09600HB1454ham001- 7 -LRB096 05039 HEP 44302 a

1    Department may delete that contract from the target market
2    program. In addition, the chief procurement officer shall
3    thereupon designate and set aside for the target market
4    program additional contracts corresponding in approximate
5    value to the contract that was deleted from the target
6    market program, to the extent feasible.
7        (7) In order to facilitate the performance of target
8    market contracts by minority-owned businesses and
9    female-owned women-owned businesses, the Department chief
10    procurement officer may expedite payments under target
11    market contracts, may reduce retainages under target
12    market contracts when appropriate, and may pay the
13    contractor a portion of the value of a target market
14    contract at the time of award as an advance to cover
15    start-up and mobilization costs.
16(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
17for the effective date of P.A. 96-795).)
18    Section 99. Effective date. This Act takes effect upon
19becoming law.".