Illinois General Assembly - Full Text of SB2365
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Full Text of SB2365  100th General Assembly

SB2365ham002 100TH GENERAL ASSEMBLY

Rep. William Davis

Filed: 11/26/2018

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2365

2    AMENDMENT NO. ______. Amend Senate Bill 2365 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Procurement Code is amended by
5changing Sections 20-15 and 20-60 and by adding Section 50-85
6as follows:
 
7    (30 ILCS 500/20-15)
8    Sec. 20-15. Competitive sealed proposals.
9    (a) Conditions for use. When provided under this Code or
10under rules, or when the purchasing agency determines in
11writing that the use of competitive sealed bidding is either
12not practicable or not advantageous to the State, a contract
13may be entered into by competitive sealed proposals.
14    (b) Request for proposals. Proposals shall be solicited
15through a request for proposals.
16    (c) Public notice. Public notice of the request for

 

 

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1proposals shall be published in the Illinois Procurement
2Bulletin at least 14 calendar days before the date set in the
3invitation for the opening of proposals.
4    (d) Receipt of proposals. Proposals shall be opened
5publicly or via an electronic procurement system in the
6presence of one or more witnesses at the time and place
7designated in the request for proposals, but proposals shall be
8opened in a manner to avoid disclosure of contents to competing
9offerors during the process of negotiation. A record of
10proposals shall be prepared and shall be open for public
11inspection after contract award.
12    (e) Evaluation factors. The requests for proposals shall
13state the relative importance of price and other evaluation
14factors. Proposals shall be submitted in 2 parts: the first,
15covering items except price; and the second, covering price.
16The first part of all proposals shall be evaluated and ranked
17independently of the second part of all proposals.
18    (e-5) Method of scoring.
19        (1) Except as otherwise provided in this subsection
20    (e-5), all procurement scoring rubrics for contracts
21    entered into under this Code shall account for and allocate
22    20% of the total available points toward evaluation of each
23    respondent's commitment to diversity and shall require
24    documentation supporting that purpose. The specific
25    documentation required shall be set by rule by the Chief
26    Procurement Officer.

 

 

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1        (2) The scoring rubric requirements established under
2    this subsection (e-5) shall include, but are not limited
3    to, the following:
4            (A) for publicly-owned businesses, the number and
5        percentage of members of the respondent's governing
6        board who are women, minorities, or persons with
7        disabilities;
8            (B) for privately-owned businesses, the respondent
9        shall identify whether it or the subsidiaries it owns
10        or controls are managed by women, minorities, or
11        persons with disabilities. For the purposes of this
12        subparagraph (B), "managed by women, minorities, or
13        persons with disabilities" means being managed by
14        women, minorities, or persons with disabilities, or
15        any combination of women, minorities, or persons with
16        disabilities equal to at least 51% of the total number
17        of management personnel;
18            (C) the respondent shall provide the number and
19        percentage of the respondent's owners and managers who
20        are women, minorities, or persons with disabilities;
21            (D) the number and percentage of the respondent's
22        senior executive leaders, including partner,
23        president, chief operating officer, managing director,
24        or other senior executives, who are women, minorities,
25        military veterans, or persons with disabilities;
26            (E) the number and percentage of the respondent's

 

 

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1        staff, including both full-time and part-time
2        employees, who are women, minorities, or persons with
3        disabilities; and
4            (F) the respondent's intended use of
5        subcontractors for a project, if any, that are women,
6        minorities, or persons with disabilities.
7        (3) When a request for proposal is issued by any State
8    agency or public institution of higher education and falls
9    within a service or product offering that has a history of
10    disparate awards to a class of business owners that are
11    identified under the Business Enterprise Program Act, the
12    scoring rubric allocation provided for under paragraph (1)
13    shall be 30% of the total available points towards
14    evaluation of each respondent's commitment to diversity.
15        (4) If any State agency contract is eligible to be paid
16    for or reimbursed, in whole or in part, with federal-aid
17    funds, grants, or loans, and the provisions of this
18    subsection would result in the loss of those federal-aid
19    funds, grants, or loans, then the contract is exempt from
20    the provisions of this Section in order to remain eligible
21    for those federal-aid funds, grants, or loans.
22        (5) When the price offered by the highest-ranking
23    offeror to a request for proposals, which includes the
24    allocated percentage of scoring based on diversity, is
25    found to be more than 15% higher than the next-ranked
26    offeror by the purchasing State agency or public

 

 

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1    institution of higher education, the Chief Procurement
2    Officer may approve an award to an offeror other than the
3    highest-ranked offeror.
4    For the purposes of this subsection (e-5):
5        "Manager" means a person who controls or administers
6    all or part of a company or similar organization.
7        "Minorities" has the same meaning as "minority person"
8    under Section 2 of the Business Enterprise for Minorities,
9    Women, and Persons with Disabilities Act.
10        "Persons with disabilities" has the same meaning as
11    "person with a disability" under Section 2 of the Business
12    Enterprise for Minorities, Women, and Persons with
13    Disabilities Act.
14        "Senior executive" means the chief executive officer,
15    chief operating officer, chief financial officer, or
16    anyone else in charge of a principal business unit or
17    function.
18        "Veteran" means a member of the Armed Forces of the
19    United States, a member of the Illinois National Guard, or
20    a member of any reserve component of the Armed Forces of
21    the United States.
22        "Women" has the same meaning as "woman" under Section 2
23    of the Business Enterprise for Minorities, Women, and
24    Persons with Disabilities Act.
25    (f) Discussion with responsible offerors and revisions of
26offers or proposals. As provided in the request for proposals

 

 

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1and under rules, discussions may be conducted with responsible
2offerors who submit offers or proposals determined to be
3reasonably susceptible of being selected for award for the
4purpose of clarifying and assuring full understanding of and
5responsiveness to the solicitation requirements. Those
6offerors shall be accorded fair and equal treatment with
7respect to any opportunity for discussion and revision of
8proposals. Revisions may be permitted after submission and
9before award for the purpose of obtaining best and final
10offers. In conducting discussions there shall be no disclosure
11of any information derived from proposals submitted by
12competing offerors. If information is disclosed to any offeror,
13it shall be provided to all competing offerors.
14    (g) Award. Awards shall be made to the responsible offeror
15whose proposal is determined in writing to be the most
16advantageous to the State, taking into consideration price and
17the evaluation factors set forth in the request for proposals.
18The contract file shall contain the basis on which the award is
19made.
20(Source: P.A. 100-43, eff. 8-9-17.)
 
21    (30 ILCS 500/20-60)
22    Sec. 20-60. Duration of contracts.
23    (a) Maximum duration. A contract may be entered into for
24any period of time deemed to be in the best interests of the
25State but not exceeding 10 years inclusive, beginning January

 

 

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11, 2010, of proposed contract renewals. Third parties may lease
2State-owned dark fiber networks for any period of time deemed
3to be in the best interest of the State, but not exceeding 20
4years. The length of a lease for real property or capital
5improvements shall be in accordance with the provisions of
6Section 40-25. The length of energy conservation program
7contracts or energy savings contracts or leases shall be in
8accordance with the provisions of Section 25-45. A contract for
9bond or mortgage insurance awarded by the Illinois Housing
10Development Authority, however, may be entered into for any
11period of time less than or equal to the maximum period of time
12that the subject bond or mortgage may remain outstanding.
13    (b) Subject to appropriation. All contracts made or entered
14into shall recite that they are subject to termination and
15cancellation in any year for which the General Assembly fails
16to make an appropriation to make payments under the terms of
17the contract.
18    (c) The chief procurement officer shall file a proposed
19extension or renewal of a contract with the Procurement Policy
20Board prior to entering into any extension or renewal if the
21cost associated with the extension or renewal exceeds $249,999.
22The Procurement Policy Board may object to the proposed
23extension or renewal within 30 calendar days and require a
24hearing before the Board prior to entering into the extension
25or renewal. If the Procurement Policy Board does not object
26within 30 calendar days or takes affirmative action to

 

 

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1recommend the extension or renewal, the chief procurement
2officer may enter into the extension or renewal of a contract.
3This subsection does not apply to any emergency procurement,
4any procurement under Article 40, or any procurement exempted
5by Section 1-10(b) of this Code. If any State agency contract
6is paid for in whole or in part with federal-aid funds, grants,
7or loans and the provisions of this subsection would result in
8the loss of those federal-aid funds, grants, or loans, then the
9contract is exempt from the provisions of this subsection in
10order to remain eligible for those federal-aid funds, grants,
11or loans, and the State agency shall file notice of this
12exemption with the Procurement Policy Board prior to entering
13into the proposed extension or renewal. Nothing in this
14subsection permits a chief procurement officer to enter into an
15extension or renewal in violation of subsection (a). By August
161 each year, the Procurement Policy Board shall file a report
17with the General Assembly identifying for the previous fiscal
18year (i) the proposed extensions or renewals that were filed
19with the Board and whether the Board objected and (ii) the
20contracts exempt from this subsection.
21    (d) Notwithstanding the provisions of subsection (a) of
22this Section, the Department of Innovation and Technology may
23enter into leases for dark fiber networks for any period of
24time deemed to be in the best interests of the State but not
25exceeding 20 years inclusive. The Department of Innovation and
26Technology may lease dark fiber networks from third parties

 

 

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1only for the primary purpose of providing services to (i) to
2the offices of Governor, Lieutenant Governor, Attorney
3General, Secretary of State, Comptroller, or Treasurer and
4State agencies, as defined under Section 5-15 of the Civil
5Administrative Code of Illinois or (ii) for anchor
6institutions, as defined in Section 7 of the Illinois Century
7Network Act. Dark fiber network lease contracts shall be
8subject to all other provisions of this Code and any applicable
9rules or requirements, including, but not limited to,
10publication of lease solicitations, use of standard State
11contracting terms and conditions, and approval of vendor
12certifications and financial disclosures.
13    (e) As used in this Section, "dark fiber network" means a
14network of fiber optic cables laid but currently unused by a
15third party that the third party is leasing for use as network
16infrastructure.
17    (f) No vendor shall be eligible for renewal of a contract
18when that vendor has failed to meet the Business Enterprise
19Program spending goal specified under the contract, and that
20vendor is not otherwise excused from compliance under the
21Business Enterprise Program Act. This subsection (f) does not
22apply to the renewal of contracts for construction or
23construction-related services.
24(Source: P.A. 100-23, eff. 7-6-17; 100-611, eff. 7-20-18;
25revised 10-11-18.)
 

 

 

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1    (30 ILCS 500/50-85 new)
2    Sec. 50-85. Diversity training; report.
3    (a) All employees with purchasing power or the power to
4award proposals under the Code, including State Procurement
5Officers, Chief Procurement Officers, Agency Procurement
6Officers, and applicable supportive personnel and staff, as
7determined by the Chief Procurement Officer, shall complete
8annual training for diversity and inclusion as prescribed by
9the Chief Procurement Officer in consultation with the Business
10Enterprise Council.
11    (b) Each Chief Procurement Officer shall submit to the
12General Assembly an annual report that summarizes the diversity
13training that was completed by personnel of his or her office
14during the previous year, and lays out the plan for the
15diversity training programs in the coming year. The report to
16the General Assembly shall be filed with the Clerk of the House
17of Representatives and the Secretary of the Senate in
18electronic form only, in the manner that the Clerk and the
19Secretary shall direct.
20    Each Chief Procurement Officer shall also submit to the
21Executive Ethics Commission an annual report detailing the
22current status of his or her diversity efforts, and an action
23plan to increase diversity within his or her office.
 
24    Section 10. The Business Enterprise for Minorities, Women,
25and Persons with Disabilities Act is amended by changing

 

 

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1Sections 4f and 6 as follows:
 
2    (30 ILCS 575/4f)
3    (Section scheduled to be repealed on June 30, 2020)
4    Sec. 4f. Award of State contracts.
5    (1) It is hereby declared to be the public policy of the
6State of Illinois to promote and encourage each State agency
7and public institution of higher education to use businesses
8owned by minorities, women, and persons with disabilities in
9the area of goods and services, including, but not limited to,
10insurance services, investment management services,
11information technology services, accounting services,
12architectural and engineering services, and legal services.
13Furthermore, each State agency and public institution of higher
14education shall utilize such firms to the greatest extent
15feasible within the bounds of financial and fiduciary prudence,
16and take affirmative steps to remove any barriers to the full
17participation of such firms in the procurement and contracting
18opportunities afforded.
19        (a) When a State agency or public institution of higher
20    education, other than a community college, awards a
21    contract for insurance services, for each State agency or
22    public institution of higher education, it shall be the
23    aspirational goal to use insurance brokers owned by
24    minorities, women, and persons with disabilities as
25    defined by this Act, for not less than 20% of the total

 

 

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1    annual premiums or fees.
2        (b) When a State agency or public institution of higher
3    education, other than a community college, awards a
4    contract for investment services, for each State agency or
5    public institution of higher education, it shall be the
6    aspirational goal to use emerging investment managers
7    owned by minorities, women, and persons with disabilities
8    as defined by this Act, for not less than 20% of the total
9    funds under management. Furthermore, it is the
10    aspirational goal that not less than 20% of the direct
11    asset managers of the State funds be minorities, women, and
12    persons with disabilities.
13        (c) When a State agency or public institution of higher
14    education, other than a community college, awards
15    contracts for information technology services, accounting
16    services, architectural and engineering services, and
17    legal services, for each State agency and public
18    institution of higher education, it shall be the
19    aspirational goal to use such firms owned by minorities,
20    women, and persons with disabilities as defined by this Act
21    and lawyers who are minorities, women, and persons with
22    disabilities as defined by this Act, for not less than 20%
23    of the total dollar amount of State contracts. In the case
24    of State contracts for architectural and engineering
25    services, the provisions of this subsection (c) requiring a
26    portion of State contracts to be awarded to businesses

 

 

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1    owned and controlled by persons with disabilities do not
2    apply.
3        (d) When a community college awards a contract for
4    insurance services, investment services, information
5    technology services, accounting services, architectural
6    and engineering services, and legal services, it shall be
7    the aspirational goal of each community college to use
8    businesses owned by minorities, women, and persons with
9    disabilities as defined in this Act for not less than 20%
10    of the total amount spent on contracts for these services
11    collectively. When a community college awards contracts
12    for investment services, contracts awarded to investment
13    managers who are not emerging investment managers as
14    defined in this Act shall not be considered businesses
15    owned by minorities, women, or persons with disabilities
16    for the purposes of this Section.
17        (e) When a State agency or public institution of higher
18    education issues requests for proposals or solicitations,
19    including requests and solicitations for contracts with
20    group purchasing organizations, that fall within a service
21    or product offering that has a history of disparate awards
22    to a class of business owners that are underrepresented in
23    contract awards, it shall be the aspirational goal to use
24    service or product providers owned by minorities, women,
25    and persons with disabilities as defined by this Act for
26    not less than 20% of the total dollar amount of State

 

 

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1    contracts. If the State agency or public institution of
2    higher education believes that it may be difficult to
3    achieve the minimum 20% aspirational goal, then it may
4    appear before the Council to seek a modification of the
5    goal requirement provided under this paragraph (e).
6        If any State agency or public institution of higher
7    education contract is eligible to be paid for or
8    reimbursed, in whole or in part, with federal-aid funds,
9    grants, or loans, and the provisions of this paragraph (e)
10    would result in the loss of those federal-aid funds,
11    grants, or loans, then the contract is exempt from the
12    provisions of this paragraph (e) in order to remain
13    eligible for those federal-aid funds, grants, or loans.
14    (2) As used in this Section:
15        "Accounting services" means the measurement,
16    processing and communication of financial information
17    about economic entities including, but is not limited to,
18    financial accounting, management accounting, auditing,
19    cost containment and auditing services, taxation and
20    accounting information systems.
21        "Architectural and engineering services" means
22    professional services of an architectural or engineering
23    nature, or incidental services, that members of the
24    architectural and engineering professions, and individuals
25    in their employ, may logically or justifiably perform,
26    including studies, investigations, surveying and mapping,

 

 

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1    tests, evaluations, consultations, comprehensive planning,
2    program management, conceptual designs, plans and
3    specifications, value engineering, construction phase
4    services, soils engineering, drawing reviews, preparation
5    of operating and maintenance manuals, and other related
6    services.
7        "Emerging investment manager" means an investment
8    manager or claims consultant having assets under
9    management below $10 billion or otherwise adjudicating
10    claims.
11        "Information technology services" means, but is not
12    limited to, specialized technology-oriented solutions by
13    combining the processes and functions of software,
14    hardware, networks, telecommunications, web designers,
15    cloud developing resellers, and electronics.
16        "Insurance broker" means an insurance brokerage firm,
17    claims administrator, or both, that procures, places all
18    lines of insurance, or administers claims with annual
19    premiums or fees of at least $5,000,000 but not more than
20    $10,000,000.
21        "Legal services" means work performed by a lawyer
22    including, but not limited to, contracts in anticipation of
23    litigation, enforcement actions, or investigations.
24    (3) Each State agency and public institution of higher
25education shall adopt policies that identify its plan and
26implementation procedures for increasing the use of service

 

 

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1firms owned by minorities, women, and persons with
2disabilities.
3    (4) Except as provided in subsection (5), the Council shall
4file no later than March 1 of each year an annual report to the
5Governor and the General Assembly. The report to the General
6Assembly shall be filed with the Clerk of the House of
7Representatives and the Secretary of the Senate in electronic
8form only, in the manner that the Clerk and the Secretary shall
9direct The report filed with the General Assembly shall be
10filed as required in Section 3.1 of the General Assembly
11Organization Act. This report shall: (i) identify the service
12firms used by each State agency and public institution of
13higher education, (ii) identify the actions it has undertaken
14to increase the use of service firms owned by minorities,
15women, and persons with disabilities, including encouraging
16non-minority-owned firms to use other service firms owned by
17minorities, women, and persons with disabilities as
18subcontractors when the opportunities arise, (iii) state any
19recommendations made by the Council to each State agency and
20public institution of higher education to increase
21participation by the use of service firms owned by minorities,
22women, and persons with disabilities, and (iv) include the
23following:
24        (A) For insurance services: the names of the insurance
25    brokers or claims consultants used, the total of risk
26    managed by each State agency and public institution of

 

 

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1    higher education by insurance brokers, the total
2    commissions, fees paid, or both, the lines or insurance
3    policies placed, and the amount of premiums placed; and the
4    percentage of the risk managed by insurance brokers, the
5    percentage of total commission, fees paid, or both, the
6    lines or insurance policies placed, and the amount of
7    premiums placed with each by the insurance brokers owned by
8    minorities, women, and persons with disabilities by each
9    State agency and public institution of higher education.
10        (B) For investment management services: the names of
11    the investment managers used, the total funds under
12    management of investment managers; the total commissions,
13    fees paid, or both; the total and percentage of funds under
14    management of emerging investment managers owned by
15    minorities, women, and persons with disabilities,
16    including the total and percentage of total commissions,
17    fees paid, or both by each State agency and public
18    institution of higher education.
19        (C) The names of service firms, the percentage and
20    total dollar amount paid for professional services by
21    category by each State agency and public institution of
22    higher education.
23        (D) The names of service firms, the percentage and
24    total dollar amount paid for services by category to firms
25    owned by minorities, women, and persons with disabilities
26    by each State agency and public institution of higher

 

 

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1    education.
2        (E) The total number of contracts awarded for services
3    by category and the total number of contracts awarded to
4    firms owned by minorities, women, and persons with
5    disabilities by each State agency and public institution of
6    higher education.
7    (5) For community college districts, the Business
8Enterprise Council shall only report the following information
9for each community college district: (i) the name of the
10community colleges in the district, (ii) the name and contact
11information of a person at each community college appointed to
12be the single point of contact for vendors owned by minorities,
13women, or persons with disabilities, (iii) the policy of the
14community college district concerning certified vendors, (iv)
15the certifications recognized by the community college
16district for determining whether a business is owned or
17controlled by a minority, woman, or person with a disability,
18(v) outreach efforts conducted by the community college
19district to increase the use of certified vendors, (vi) the
20total expenditures by the community college district in the
21prior fiscal year in the divisions of work specified in
22paragraphs (a), (b), and (c) of subsection (1) of this Section
23and the amount paid to certified vendors in those divisions of
24work, and (vii) the total number of contracts entered into for
25the divisions of work specified in paragraphs (a), (b), and (c)
26of subsection (1) of this Section and the total number of

 

 

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1contracts awarded to certified vendors providing these
2services to the community college district. The Business
3Enterprise Council shall not make any utilization reports under
4this Act for community college districts for Fiscal Year 2015
5and Fiscal Year 2016, but shall make the report required by
6this subsection for Fiscal Year 2017 and for each fiscal year
7thereafter. The Business Enterprise Council shall report the
8information in items (i), (ii), (iii), and (iv) of this
9subsection beginning in September of 2016. The Business
10Enterprise Council may collect the data needed to make its
11report from the Illinois Community College Board.
12    (6) The status of the utilization of services shall be
13discussed at each of the regularly scheduled Business
14Enterprise Council meetings. Time shall be allotted for the
15Council to receive, review, and discuss the progress of the use
16of service firms owned by minorities, women, and persons with
17disabilities by each State agency and public institution of
18higher education; and any evidence regarding past or present
19racial, ethnic, or gender-based discrimination which directly
20impacts a State agency or public institution of higher
21education contracting with such firms. If after reviewing such
22evidence the Council finds that there is or has been such
23discrimination against a specific group, race or sex, the
24Council shall establish sheltered markets or adjust existing
25sheltered markets tailored to address the Council's specific
26findings for the divisions of work specified in paragraphs (a),

 

 

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1(b), and (c) of subsection (1) of this Section.
2(Source: P.A. 99-462, eff. 8-25-15; 99-642, eff. 7-28-16;
3100-391, eff. 8-25-17.)
 
4    (30 ILCS 575/6)  (from Ch. 127, par. 132.606)
5    (Section scheduled to be repealed on June 30, 2020)
6    Sec. 6. Agency compliance plans. Each State agency and
7public institutions of higher education under the jurisdiction
8of this Act shall file with the Council an annual compliance
9plan which shall outline the goals of the State agency or
10public institutions of higher education for contracting with
11businesses owned by minorities, women, and persons with
12disabilities for the then current fiscal year, the manner in
13which the agency intends to reach these goals and a timetable
14for reaching these goals. The Council shall review and approve
15the plan of each State agency and public institutions of higher
16education and may reject any plan that does not comply with
17this Act or any rules or regulations promulgated pursuant to
18this Act.
19    (a) The compliance plan shall also include, but not be
20limited to, (1) a policy statement, signed by the State agency
21or public institution of higher education head, expressing a
22commitment to encourage the use of businesses owned by
23minorities, women, and persons with disabilities, (2) the
24designation of the liaison officer provided for in Section 5 of
25this Act, (3) procedures to distribute to potential contractors

 

 

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1and vendors the list of all businesses legitimately classified
2as businesses owned by minorities, women, and persons with
3disabilities and so certified under this Act, (4) procedures to
4set separate contract goals on specific prime contracts and
5purchase orders with subcontracting possibilities based upon
6the type of work or services and subcontractor availability,
7(5) procedures to assure that contractors and vendors make good
8faith efforts to meet contract goals, (6) procedures for
9contract goal exemption, modification and waiver, and (7) the
10delineation of separate contract goals for businesses owned by
11minorities, women, and persons with disabilities.
12    (b) Approval of the compliance plans shall include such
13delegation of responsibilities to the requesting State agency
14or public institution of higher education as the Council deems
15necessary and appropriate to fulfill the purpose of this Act.
16Such responsibilities may include, but need not be limited to
17those outlined in subsections (1), (2) and (3) of Section 7,
18paragraph (a) of Section 8, and Section 8a of this Act.
19    (c) Each State agency and public institution of higher
20education under the jurisdiction of this Act shall file with
21the Council an annual report of its utilization of businesses
22owned by minorities, women, and persons with disabilities
23during the preceding fiscal year including lapse period
24spending and a mid-fiscal year report of its utilization to
25date for the then current fiscal year. The reports shall
26include a self-evaluation of the efforts of the State agency or

 

 

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1public institution of higher education to meet its goals under
2the Act, as well as a plan to increase the diversity of the
3vendors engaged in contracts with the State agency of public
4institution of higher education, with a particular focus on
5those most underrepresented in contract awards.
6    (d) Notwithstanding any provisions to the contrary in this
7Act, any State agency or public institution of higher education
8which administers a construction program, for which federal law
9or regulations establish standards and procedures for the
10utilization of minority-owned and women-owned businesses and
11disadvantaged businesses, shall implement a disadvantaged
12business enterprise program to include minority-owned and
13women-owned businesses and disadvantaged businesses, using the
14federal standards and procedures for the establishment of goals
15and utilization procedures for the State-funded, as well as the
16federally assisted, portions of the program. In such cases,
17these goals shall not exceed those established pursuant to the
18relevant federal statutes or regulations. Notwithstanding the
19provisions of Section 8b, the Illinois Department of
20Transportation is authorized to establish sheltered markets
21for the State-funded portions of the program consistent with
22federal law and regulations. Additionally, a compliance plan
23which is filed by such State agency or public institution of
24higher education pursuant to this Act, which incorporates
25equivalent terms and conditions of its federally-approved
26compliance plan, shall be deemed approved under this Act.

 

 

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1(Source: P.A. 99-462, eff. 8-25-15; 100-391, eff. 8-25-17.)".