(30 ILCS 575/7) (from Ch. 127, par. 132.607) (Section scheduled to be repealed on June 30, 2024) Sec. 7. Exemptions; waivers; publication of data. (1) Individual contract exemptions.
The Council, at the written request of the affected agency,
public institution of higher education, or recipient of a grant or loan of State funds of $250,000 or more complying with Section 45 of the State Finance Act, may permit an individual contract or contract package,
(related contracts being bid or awarded simultaneously for the same project
or improvements) be made wholly or partially exempt from State contracting
goals for businesses owned by
minorities, women, and persons with disabilities prior to the advertisement
for bids or solicitation of proposals whenever there has been a
determination, reduced to writing and based on the best information
available at the time of the determination, that there is an insufficient
number of businesses owned by minorities, women, and persons with disabilities to ensure adequate
competition and an expectation of reasonable prices on bids or proposals
solicited for the individual contract or contract package in question. Any such exemptions shall be given by
the Council to the Bureau on Apprenticeship Programs and Clean Energy Jobs. (a) Written request for contract exemption. A written |
| request for an individual contract exemption must include, but is not limited to, the following:
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(i) a list of eligible businesses owned by
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| minorities, women, and persons with disabilities;
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(ii) a clear demonstration that the number of
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| eligible businesses identified in subparagraph (i) above is insufficient to ensure adequate competition;
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(iii) the difference in cost between the contract
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| proposals being offered by businesses owned by minorities, women, and persons with disabilities and the agency or public institution of higher education's expectations of reasonable prices on bids or proposals within that class; and
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(iv) a list of eligible businesses owned by
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| minorities, women, and persons with disabilities that the contractor has used in the current and prior fiscal years.
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(b) Determination. The Council's determination
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| concerning an individual contract exemption must consider, at a minimum, the following:
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(i) the justification for the requested
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| exemption, including whether diligent efforts were undertaken to identify and solicit eligible businesses owned by minorities, women, and persons with disabilities;
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(ii) the total number of exemptions granted to
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| the affected agency, public institution of higher education, or recipient of a grant or loan of State funds of $250,000 or more complying with Section 45 of the State Finance Act that have been granted by the Council in the current and prior fiscal years; and
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(iii) the percentage of contracts awarded by the
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| agency or public institution of higher education to eligible businesses owned by minorities, women, and persons with disabilities in the current and prior fiscal years.
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(2) Class exemptions.
(a) Creation. The Council, at the written request of
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| the affected agency or public institution of higher education, may permit an entire class of contracts be made exempt from State contracting goals for businesses owned by minorities, women, and persons with disabilities whenever there has been a determination, reduced to writing and based on the best information available at the time of the determination, that there is an insufficient number of qualified businesses owned by minorities, women, and persons with disabilities to ensure adequate competition and an expectation of reasonable prices on bids or proposals within that class. Any such exemption shall be given by the Council to the Bureau on Apprenticeship Programs and Clean Energy Jobs.
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(a-1) Written request for class exemption. A written
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| request for a class exemption must include, but is not limited to, the following:
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(i) a list of eligible businesses owned by
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| minorities, women, and persons with disabilities;
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(ii) a clear demonstration that the number of
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| eligible businesses identified in subparagraph (i) above is insufficient to ensure adequate competition;
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(iii) the difference in cost between the contract
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| proposals being offered by eligible businesses owned by minorities, women, and persons with disabilities and the agency or public institution of higher education's expectations of reasonable prices on bids or proposals within that class; and
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(iv) the number of class exemptions the affected
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| agency or public institution of higher education requested in the current and prior fiscal years.
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(a-2) Determination. The Council's determination
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| concerning class exemptions must consider, at a minimum, the following:
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(i) the justification for the requested
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| exemption, including whether diligent efforts were undertaken to identify and solicit eligible businesses owned by minorities, women, and persons with disabilities;
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(ii) the total number of class exemptions granted
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| to the requesting agency or public institution of higher education that have been granted by the Council in the current and prior fiscal years; and
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(iii) the percentage of contracts awarded by the
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| agency or public institution of higher education to eligible businesses owned by minorities, women, and persons with disabilities the current and prior fiscal years.
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(b) Limitation. Any such class exemption shall not
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| be permitted for a period of more than one year at a time.
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(3) Waivers. Where a particular contract requires a contractor to meet
a goal established pursuant to this Act, the contractor shall have the right
to request a waiver from such requirements prior to the contract award. The Council shall grant the waiver when the contractor demonstrates that there has been made a good faith effort to comply with the goals for participation by businesses owned by minorities, women, and persons with disabilities. Any such waiver shall also be
transmitted in writing to the Bureau on Apprenticeship Programs and Clean Energy Jobs.
(a) Request for waiver. A contractor's request for a
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| waiver under this subsection (3) must include, but is not limited to, the following, if available:
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(i) a list of eligible businesses owned by
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| minorities, women, and persons with disabilities that pertain to the scope of work of the contract. Eligible businesses are only eligible if the business is certified for the products or work advertised in the solicitation;
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(ii) (blank);
(iia) a clear demonstration that the contractor
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| selected portions of the work to be performed by eligible businesses owned by minorities, women, and persons with disabilities, solicited through all reasonable and available means eligible businesses, and negotiated in good faith with interested eligible businesses;
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(iib) documentation demonstrating that
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| businesses owned by minorities, women, and persons with disabilities are not rejected as being unqualified without sound reasons based on a thorough investigation of their capabilities;
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(iii) documentation demonstrating that the
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| contract proposals being offered by businesses owned by minorities, women, and persons with disabilities are excessive or unreasonable; and
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(iv) a list of businesses owned by minorities,
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| women, and persons with disabilities that the contractor has used in the current and prior fiscal years.
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(b) Determination. The Council's determination
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| concerning waivers must include following:
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(i) the justification for the requested waiver,
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| including whether the requesting contractor made a good faith effort to identify and solicit eligible businesses owned by minorities, women, and persons with disabilities;
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(ii) the total number of waivers the contractor
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| has been granted by the Council in the current and prior fiscal years;
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(iii) (blank); and
(iv) the contractor's use of businesses owned by
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| minorities, women, and persons with disabilities in the current and prior fiscal years.
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(3.5) (Blank).
(4) Conflict with other laws. In the event that any State contract, which
otherwise would be subject to the provisions of this Act, is or becomes
subject to federal laws or regulations which conflict with the provisions
of this Act or actions of the State taken pursuant hereto, the provisions
of the federal laws or regulations shall apply and the contract shall be
interpreted and enforced accordingly.
(5) Each chief procurement officer, as defined in the Illinois Procurement Code, shall maintain on his or her official Internet website a database of the following: (i) waivers granted under this Section with respect to contracts under his or her jurisdiction; (ii) a State agency or public institution of higher education's written request for an exemption of an individual contract or an entire class of contracts; and (iii) the Council's written determination granting or denying a request for an exemption of an individual contract or an entire class of contracts. The database, which shall be updated periodically as necessary, shall be searchable by contractor name and by contracting State agency.
(6) Each chief procurement officer, as defined by the Illinois Procurement Code, shall maintain on its website a list of all firms that have been prohibited from bidding, offering, or entering into a contract with the State of Illinois as a result of violations of this Act.
Each public notice required by law of the award of a State contract shall include for each bid or offer submitted for that contract the following: (i) the bidder's or offeror's name, (ii) the bid amount, (iii) the name or names of the certified firms identified in the bidder's or offeror's submitted utilization plan, and (iv) the bid's amount and percentage of the contract awarded to businesses owned by minorities, women, and persons with disabilities identified in the utilization plan.
(Source: P.A. 101-170, eff. 1-1-20; 101-601, eff. 1-1-20; 101-657, eff. 1-1-22; 102-29, eff. 6-25-21; 102-662, eff. 9-15-21.)
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