(30 ILCS 575/8) (from Ch. 127, par. 132.608)
(Section scheduled to be repealed on June 30, 2016)
Sec. 8. Enforcement. The Council shall make such findings, recommendations and proposals to the Governor as are necessary and appropriate to enforce this Act. If, as a result of its monitoring activities, the Council determines that its goals and policies are not being met by any State agency or State university, the Council may recommend any or all of the following actions:
(a) Establish enforcement procedures whereby the Council may recommend to the appropriate State agency, State university, or law enforcement officer that legal or administrative remedies be initiated for violations of contract provisions or rules issued hereunder or by a contracting State agency or State university. State agencies and State universities shall be authorized to adopt remedies for such violations which shall include (1) termination of the contract involved, (2) prohibition of participation of the respondents in public contracts for a period not to exceed one year, (3) imposition of a penalty not to exceed any profit acquired as a result of violation, or (4) any combination thereof.
(b) If the Council concludes that a compliance plan submitted under Section 6 is unlikely to produce the participation goals for businesses owned by minorities, females, and persons with disabilities within the then current fiscal year, the Council may recommend that the State agency or State university revise its plan to provide additional opportunities for participation by businesses owned by minorities, females, and persons with disabilities. Such recommended revisions may include, but shall not be limited to, the following:
(i) assurances of stronger and better focused
solicitation efforts to obtain more businesses owned by minorities, females, and persons with disabilities as potential sources of supply;
(ii) division of job or project requirements, when
economically feasible, into tasks or quantities to permit participation of businesses owned by minorities, females, and persons with disabilities;
(iii) elimination of extended experience or
capitalization requirements, when programmatically feasible, to permit participation of businesses owned by minorities, females, and persons with disabilities;
(iv) identification of specific proposed contracts as
particularly attractive or appropriate for participation by businesses owned by minorities, females, and persons with disabilities, such identification to result from and be coupled with the efforts of subparagraphs (i) through (iii);
(v) implementation of those regulations established
for the use of the sheltered market process.
(Source: P.A. 88-377; 88-597, eff. 8-28-94.)
Sections: Previous 2.7 3 4 5 6 6a 7 8 8a 8b 8c 8d 8e 8f 9 Next
Last modified: February 18, 2015