Full Text of HB3889 103rd General Assembly
HB3889 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB3889 Introduced 2/17/2023, by Rep. William "Will" Davis SYNOPSIS AS INTRODUCED: |
| 30 ILCS 575/4 | from Ch. 127, par. 132.604 |
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Amends the Business Enterprise for Minorities, Women, and Persons with
Disabilities Act. Provides that notwithstanding any other provision of law, the goals established in this Act should apply to 100% of a State agencies total procurement spending.
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| | A BILL FOR |
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| 1 | | AN ACT concerning finance.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Business Enterprise for Minorities, Women, | 5 | | and Persons with
Disabilities Act is amended by changing | 6 | | Section 4 as follows:
| 7 | | (30 ILCS 575/4) (from Ch. 127, par. 132.604)
| 8 | | (Section scheduled to be repealed on June 30, 2024)
| 9 | | Sec. 4. Award of State contracts.
| 10 | | (a) Except as provided in subsection (b), not less than | 11 | | 30% of
the total dollar amount of State contracts, as defined | 12 | | by the Secretary of
the Council and approved by the Council, | 13 | | shall be established as an aspirational goal to
be awarded to | 14 | | businesses owned by minorities,
women, and persons with | 15 | | disabilities; provided, however, that
of the total amount of | 16 | | all
State contracts awarded to businesses owned by
minorities, | 17 | | women, and persons with disabilities pursuant to
this Section, | 18 | | contracts representing at least 16% shall be awarded to | 19 | | businesses owned by minorities, contracts representing at | 20 | | least 10% shall be awarded to women-owned businesses, and | 21 | | contracts representing at least 4% shall be awarded to | 22 | | businesses owned by persons with disabilities.
| 23 | | (a-5) In addition to the aspirational goals in awarding |
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| 1 | | State contracts set under subsection (a), the Commission shall | 2 | | by rule further establish targeted efforts to encourage the | 3 | | participation of businesses owned by minorities, women, and | 4 | | persons with disabilities on State contracts. Such efforts | 5 | | shall include, but not be limited to, further concerted | 6 | | outreach efforts to businesses owned by minorities, women, and | 7 | | persons with disabilities. | 8 | | The above percentage relates to the total dollar amount of | 9 | | State
contracts during each State fiscal year, calculated by | 10 | | examining
independently each type of contract for each agency | 11 | | or public institutions of higher education which
lets such | 12 | | contracts. Only that percentage of arrangements which | 13 | | represents the participation of businesses owned by
| 14 | | minorities, women, and persons with disabilities on such | 15 | | contracts shall
be included. State contracts subject to the | 16 | | requirements of this Act shall include the requirement that | 17 | | only expenditures to businesses owned by minorities, women, | 18 | | and persons with disabilities that perform a commercially | 19 | | useful function may be counted toward the goals set forth by | 20 | | this Act. Contracts shall include a definition of | 21 | | "commercially useful function" that is consistent with 49 CFR | 22 | | 26.55(c).
| 23 | | (b) Not less
than 20% of the total dollar amount of State | 24 | | construction contracts is
established as an aspirational goal | 25 | | to be awarded to businesses owned by minorities, women, and | 26 | | persons with disabilities; provided that, contracts |
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| 1 | | representing at least 11% of the total dollar amount of State | 2 | | construction contracts shall be awarded to businesses owned by | 3 | | minorities; contracts representing at least 7% of the total | 4 | | dollar amount of State construction contracts shall be awarded | 5 | | to women-owned businesses; and contracts representing at least | 6 | | 2% of the total dollar amount of State construction contracts | 7 | | shall be awarded to businesses owned by persons with | 8 | | disabilities.
| 9 | | (c) (Blank). | 10 | | (c-5) All goals established under this Section shall be | 11 | | contingent upon the results of the most recent disparity study | 12 | | conducted by the State. | 13 | | (d) Within one year after April 28, 2009 (the effective | 14 | | date of Public Act 96-8), the Department of Central Management | 15 | | Services shall conduct a social scientific study that measures | 16 | | the impact of discrimination on minority and women business | 17 | | development in Illinois. Within 18 months after April 28, 2009 | 18 | | (the effective date of Public Act 96-8), the Department shall | 19 | | issue a report of its findings and any recommendations on | 20 | | whether to adjust the goals for minority and women | 21 | | participation established in this Act. Copies of this report | 22 | | and the social scientific study shall be filed with the | 23 | | Governor and the General Assembly. | 24 | | By December 1, 2020, the Department of Central Management | 25 | | Services shall conduct a new social scientific study that | 26 | | measures the impact of discrimination on minority and women |
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| 1 | | business development in Illinois. By June 1, 2022, the | 2 | | Department shall issue a report of its findings and any | 3 | | recommendations on whether to adjust the goals for minority | 4 | | and women participation established in this Act. Copies of | 5 | | this report and the social scientific study shall be filed | 6 | | with the Governor and the General Assembly. By December 1, | 7 | | 2022, the Commission on Equity and Inclusion Business | 8 | | Enterprise Program shall develop a model for social scientific | 9 | | disparity study sourcing for local governmental units to adapt | 10 | | and implement to address regional disparities in public | 11 | | procurement. | 12 | | (e) All State contract solicitations that include Business | 13 | | Enterprise Program participation goals shall require bidders | 14 | | or offerors to include utilization plans. Utilization plans | 15 | | are due at the time of bid or offer submission. Failure to | 16 | | complete and include a utilization plan, including | 17 | | documentation demonstrating good faith efforts when requesting | 18 | | a waiver, shall render the bid or offer non-responsive. | 19 | | Except as permitted under this Act or as otherwise
| 20 | | mandated by federal regulation, a bidder or offeror whose bid | 21 | | or offer is accepted and who included in that bid a completed | 22 | | utilization plan but who fails to meet the goals set forth in | 23 | | the
plan shall be notified of the deficiency by the
| 24 | | contracting agency or public institution of higher education
| 25 | | and shall be given a period of 10 calendar days to cure the | 26 | | deficiency by contracting with additional
subcontractors who |
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| 1 | | are certified by the Business Enterprise
Program or by | 2 | | increasing the work to be performed by
previously identified | 3 | | vendors certified by the Business
Enterprise Program. | 4 | | Deficiencies that may be cured include: (i) scrivener's | 5 | | errors, such as transposed numbers; (ii) information
submitted | 6 | | in an incorrect form or format; (iii) mistakes resulting from | 7 | | failure to follow instructions or to identify and
adequately | 8 | | document good faith efforts taken to comply with the | 9 | | utilization plan; or (iv) a proposal to use a
firm whose | 10 | | Business Enterprise Program certification has lapsed or is
not | 11 | | yet recognized. Cure is
not authorized if the bidder or | 12 | | offeror submits a blank
utilization plan, a utilization plan | 13 | | that shows lack of
reasonable effort to complete the form on | 14 | | time, or a
utilization plan that states the contract will be
| 15 | | self-performed, by a non-certified vendor, without showing
| 16 | | good faith efforts or a request for a waiver. All cure activity
| 17 | | shall address the deficiencies identified by the purchasing
| 18 | | agency and shall require clear documentation, including that
| 19 | | of good faith efforts, to address those deficiencies. Any
| 20 | | increase in cost to a contract for the addition of a
| 21 | | subcontractor to cure a bid's deficiency shall not affect the
| 22 | | bid price and shall not be used in the request for an exemption
| 23 | | under this Act, and, in no case, shall an identified
| 24 | | subcontractor with a Business Enterprise Program certification
| 25 | | made under this Act be terminated from a contract without
the | 26 | | written consent of the State agency or public institution
of |
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| 1 | | higher education entering into the contract. The purchasing
| 2 | | agency or public institution of higher education shall make
| 3 | | the determination whether the cure is adequate. | 4 | | Vendors certified with the Business Enterprise
Program at | 5 | | the time and date submittals are due and who do not submit
a | 6 | | utilization plan or have utilization plan deficiencies shall | 7 | | have 10 business days
to submit a utilization plan or to | 8 | | correct the utilization plan deficiencies. | 9 | | (f) (Blank). | 10 | | (g) (Blank). | 11 | | (h) State agencies and public institutions of higher | 12 | | education shall notify the Commission on Equity and Inclusion | 13 | | of all non-responsive bids or proposals for State contracts. | 14 | | Notwithstanding any other provision of law, the goals | 15 | | established in this Act should apply to 100% of a State | 16 | | agencies total procurement spending. | 17 | | (Source: P.A. 101-170, eff. 1-1-20; 101-601, eff. 1-1-20; | 18 | | 101-657, Article 1, Section 1-5, eff. 1-1-22; 101-657, Article | 19 | | 40, Section 40-130, eff. 1-1-22; 102-29, eff. 6-25-21; | 20 | | 102-558, eff. 8-20-21; 102-1119, eff. 1-23-23.)
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