§ 5-7 — Commission on Equity and Inclusion; powers and duties

(a) The Commission on Equity and Inclusion, as created under the Commission on Equity and Inclusion Act, shall have the powers and duties provided under this Section with respect to this Code. Nothing in this Section shall be construed as overriding the authority and duties of the Procurement Policy Board as provided under Section 5-5. The powers and duties of the Commission as provided under this Section shall be exercised alongside, but independent of, that of the Procurement Policy Board. (b) The Commission on Equity and Inclusion shall have the authority and responsibility to review, comment upon, and recommend, consistent with this Code, rules and practices governing the procurement, management, control, and disposal of supplies, services, professional or artistic services, construction, and real property and capital improvement leases procured by the State for the purpose of diversity, equity, and inclusion. The Commission on Equity and Inclusion shall also have the authority to recommend a program for professional development and provide opportunities for training in equity and inclusion in procurement practices and policies to chief procurement officers and their staffs in order to ensure that all procurement is conducted in an efficient, professional, and appropriately transparent manner. (c) Upon a majority vote of its members, the Commission on Equity and Inclusion may review a contract for purposes of equity and inclusion. Upon a three-fifths vote of its members, the Commission may propose equity and inclusion in procurement rules for consideration by chief procurement officers. These proposals of equity and inclusion rules shall be published in each volume of the Procurement Bulletin. Except as otherwise provided by law, the Commission on Equity and Inclusion shall act upon the vote of a majority of its members who have been appointed and are serving. (d) The Commission on Equity and Inclusion may review, study, and hold public hearings concerning the implementation and administration of this Code in regard to equity and inclusion in procurement. Each chief procurement officer, State purchasing officer, procurement compliance monitor, and State agency shall cooperate with, provide information to, and be responsive to the Commission on Equity and Inclusion in the conduct of its reviews, studies, and hearings for purposes of equity and inclusion in procurement. (e) Upon a three-fifths vote of its members, the Commission on Equity and Inclusion shall review a proposal, bid, or contract and issue a recommendation to void a contract or reject a proposal or bid based on any violation of this Code in regard to equity and inclusion. A recommendation of the Commission shall be delivered to the appropriate chief procurement officer within 7 calendar days after the proposal due date, bid opening date, or determination of a Code violation and must be published in the next volume of the Procurement Bulletin. The bidder, offeror, potential contractor, contractor, or subcontractor shall have 15 calendar days to provide a written response to the notice. A hearing before the Commission on the violation of the Code in regard to equity and inclusion shall be held upon request by the bidder, offeror, potential contractor, contractor, or subcontractor. The requested hearing date and time shall be determined by the Commission on Equity and Inclusion, but in no event shall the hearing occur later than 15 calendar days after the date of the request. Within 7 days after the hearing, the Commission shall deliver a recommendation to the appropriate chief procurement officer whether to void the contract or reject the proposal or bid.

Legislative History

(Source: P.A. 101-657, eff. 1-1-22; 102-29, eff. 6-25-21 .)