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| Public Act 098-0670 | ||||
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Department of Transportation Law of the
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Civil Administrative Code of Illinois is amended by changing | ||||
Section 2705-600 as follows: | ||||
(20 ILCS 2705/2705-600) | ||||
(Section scheduled to be repealed on June 30, 2014)
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Sec. 2705-600. Target market program. In order to remedy | ||||
particular incidents and patterns of egregious race or gender | ||||
discrimination, the chief procurement officer, in consultation | ||||
with the Department, shall have the power to implement a target | ||||
market program incorporating the following terms: | ||||
(0.5) Each fiscal year, the Department shall review any | ||||
and all evidence of discrimination related to | ||||
transportation construction projects. Evidence of | ||||
discrimination may include, but is not limited to: (i) the | ||||
determination of the Department's utilization of | ||||
minority-owned and female-owned firms in its prime | ||||
contracts and associated subcontracts; (ii) the | ||||
availability of minority-owned and female-owned firms in | ||||
the Department's geographic market areas and specific | ||||
construction industry markets; (iii) any disparities | ||||
between the utilization of minority-owned and female-owned | ||
firms in the Department's markets and the utilization of | ||
those firms on the Department's prime contracts and | ||
subcontracts in those markets; (iv) any disparities | ||
between the utilization of minority-owned and female-owned | ||
firms in the overall construction markets in which the | ||
Department purchases and the utilization of those firms in | ||
the overall construction economy in which the Department | ||
operates; (v) evidence of discrimination in the rates at | ||
which minority-owned and female-owned firms in the | ||
Department's markets form businesses compared to similar | ||
non-minority-owned and non-female-owned firms in the | ||
Department's markets and in the dollars earned by such | ||
businesses; and (vi) quantitative and qualitative | ||
anecdotal evidence of discrimination. If after reviewing | ||
such evidence, the Department finds and the chief | ||
procurement officer concurs in the findings that the | ||
Department has a strong basis in evidence that it has a | ||
compelling interest in remedying the identified | ||
discrimination against a specific group, race, or gender, | ||
and that the only remedy for such discrimination is a | ||
narrowly tailored target market, the chief procurement | ||
officer, in consultation with the Department, has the power | ||
to establish and implement a target market program tailored | ||
to address the specific findings of egregious | ||
discrimination made by the Department, after a public | ||
hearing at which minority, female, and general contractor | ||
groups, community organizations, and other interested | ||
parties shall have the opportunity to provide comments. | ||
(1) In January of each year, the Department and the | ||
chief procurement officer shall report jointly to the | ||
General Assembly the results of any evidentiary inquiries | ||
or studies that establish the Department's compelling | ||
interest in remedying egregious discrimination based upon | ||
strong evidence of the need for a narrowly tailored target | ||
market to remedy such discrimination and public hearings | ||
held pursuant to this Section, and shall report the actions | ||
to be taken to address the findings, including, if | ||
warranted, the establishment and implementation of any | ||
target market initiatives. | ||
(2) The chief procurement officer shall work with the | ||
officers and divisions of the Department to determine the | ||
appropriate designation of contracts as target market | ||
contracts. The chief procurement officer, in consultation | ||
with the Department, shall determine appropriate contract | ||
formation and bidding procedures for target market | ||
contracts, including, but not limited to, the dividing of | ||
procurements so designated into contract award units in | ||
order to facilitate offers or bids from minority-owned | ||
businesses and female-owned businesses and the removal of | ||
bid bond requirements for minority-owned businesses and | ||
female-owned businesses. Minority-owned businesses and | ||
female-owned businesses shall remain eligible to seek the | ||
procurement award of contracts that have not been | ||
designated as target market contracts. | ||
(3) The chief procurement officer may make | ||
participation in the target market program dependent upon | ||
submission to stricter compliance audits than are | ||
generally applicable. No contract shall be eligible for | ||
inclusion in the target market program unless the | ||
Department determines that there are at least 3 | ||
minority-owned businesses or female-owned businesses | ||
interested in participating in that type of contract. The | ||
Department, with the concurrence of the chief procurement | ||
officer, may develop guidelines to regulate the level of | ||
participation of individual minority-owned businesses and | ||
female-owned businesses in the target market program in | ||
order to prevent the domination of the target market | ||
program by a small number of those entities. The Department | ||
may require minority-owned businesses and female-owned | ||
businesses to participate in training programs offered by | ||
the Department or other State agencies as a condition | ||
precedent to participation in the target market program. | ||
(4) Participation in the target market program shall be | ||
limited to minority-owned businesses and female-owned | ||
businesses and joint ventures consisting exclusively of | ||
minority-owned businesses, female-owned businesses, or | ||
both, that are certified as disadvantaged businesses | ||
pursuant to the provisions of Section 6(d) of the Business | ||
Enterprise for Minorities, Females, and Persons with | ||
Disabilities Act. A firm awarded a target market contract | ||
may subcontract up to 50% of the dollar value of the target | ||
market contract to subcontractors who are not | ||
minority-owned businesses or female-owned businesses. | ||
(5) The Department may include in the target market | ||
program contracts that are funded by the federal government | ||
to the extent allowed by federal law and may vary the | ||
standards of eligibility of the target market program to | ||
the extent necessary to comply with the federal funding | ||
requirements. | ||
(6) If no satisfactory bid or response is received with | ||
respect to a contract that has been designated as part of | ||
the target market program, the chief procurement officer, | ||
in consultation with the Department, may delete that | ||
contract from the target market program. In addition, the | ||
chief procurement officer, in consultation with the | ||
Department, may thereupon designate and set aside for the | ||
target market program additional contracts corresponding | ||
in approximate value to the contract that was deleted from | ||
the target market program, in keeping with the narrowly | ||
tailored process used for selecting contracts suitable for | ||
the program and to the extent feasible. | ||
(7) The chief procurement officer, in consultation | ||
with the Department, shall promulgate such rules as he or | ||
she deems necessary to administer the target market | ||
program.
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If any part, sentence, or clause of this Section is for any | ||
reason held invalid or to be unconstitutional, such decision | ||
shall not affect the validity of the remaining portions of this | ||
Section. | ||
This Section is repealed on June 30, 2017 2014. | ||
(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793 | ||
for the effective date of P.A. 96-795); 97-228, eff. 7-28-11.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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