Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 750 - PROCEDURES APPLICABLE TO ALL AGENCIES › Subpart D - BIDDING AND COMPLIANCE › Section 750.220 - Construction Employee Utilization Projection

Current through Register Vol. 48, No. 28, July 12, 2024
a) All bidders on construction contracts
				subject to the requirements of the Illinois Purchasing Act (Ill. Rev. Stat. ch.
				127, pars. 132.1 et seq., as hereafter amended) shall complete and submit along
				with and as part of their bids, a Bidder's Employee Utilization Form -
				Construction (Form PC-2) setting forth a projection and breakdown of the total
				workforce intended to be hired and/or allocated to such contract work by the
				bidder including a projection of minority and female employee utilization in
				all job classifications on the contract project. A contracting agency may,
				however, with the approval of the Department, modify the Form PC-2 for use with
				some or all of its contracts without impairing compliance with this
				Section.
b) The contracting agency
				letting such a contract shall review the Employee Utilization Form, and
				workforce projections contained therein, of the contract awardee to determine
				if such projections reflect an underutilization of minority persons and/or
				women in any job classification in accordance with the Equal Employment
				Opportunity Clause and Section
				750.120
				of this Part. If it is determined that the contract awardee's projections
				reflect an underutilization of minority persons and/or women in any job
				classification, the agency shall confer and negotiate with the awardee to
				obtain satisfactory projections as a prerequisite to commencement of the
				contract work. The awardee may be required to develop an acceptable written
				affirmative action plan to correct such underutilization including a specific
				timetable geared to the completion stages of the contract.
c) The contracting agency shall provide to
				the Department a copy of the contract awardee's Employee Utilization Form,
				including any revisions as may be negotiated by the agency and a copy of any
				required written affirmative action plan. The Department may review and revise
				any action taken by the contracting agency with respect to the requirements of
				this Section; provided that the Department may from time to time enter into
				agreements with individual contracting agencies whose compliance programs meet
				with its approval whereby utilization projections accepted by such agencies
				shall be accorded substantial weight by the Department. A contractor's
				utilization projections approved under this Section shall constitute goals
				which the contractor shall make all good faith efforts to achieve, but such
				goals may be subject to later revision among the parties to reflect
				fluctuations in the available minority and female labor forces.
d) Upon the written request of a contracting
				agency, which request shall state the reasons therefor, the Department may
				exempt any person from the requirements of subsection (a) of this Section when
				it deems that exceptional circumstances and the public interest so require.
				Such exemption shall be granted for a specified purpose and duration but may be
				withdrawn by the Department at any time; provided however, that such withdrawal
				of exemption shall not apply to contracts awarded prior to the
				withdrawal.