Public Act 093-0769
 
HB4947 Enrolled LRB093 15972 JAM 41595 b

    AN ACT concerning procurement.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Procurement Code is amended by
changing Section 45-45 as follows:
 
    (30 ILCS 500/45-45)
    Sec. 45-45. Small businesses.
    (a) Set-asides. The chief procurement officer has
authority to designate as small business set-asides a fair
proportion of construction, supply, and service contracts for
award to small businesses in Illinois. Advertisements for bids
or offers for those contracts shall specify designation as
small business set-asides. In awarding the contracts, only bids
or offers from qualified small businesses shall be considered.
    (b) Small business. "Small business" means a business that
is independently owned and operated and that is not dominant in
its field of operation. The chief procurement officer shall
establish a detailed definition by rule, using in addition to
the foregoing criteria other criteria, including the number of
employees and the dollar volume of business. When computing the
size status of a bidder, annual sales and receipts of the
bidder and all of its affiliates shall be included. The maximum
number of employees and the maximum dollar volume that a small
business may have under the rules promulgated by the chief
procurement officer may vary from industry to industry to the
extent necessary to reflect differing characteristics of those
industries, subject to the following limitations:
        (1) No wholesale business is a small business if its
    annual sales for its most recently completed fiscal year
    exceed $10,000,000 $7,500,000.
        (2) No retail business or business selling services is
    a small business if its annual sales and receipts exceed
    $6,000,000 $1,500,000.
        (3) No manufacturing business is a small business if it
    employs more than 250 persons.
        (4) No construction business is a small business if its
    annual sales and receipts exceed $10,000,000.
    (c) Fair proportion. For the purpose of subsection (a), for
State agencies of the executive branch, a fair proportion of
construction contracts shall be no less than 25% nor more than
40% of the annual total contracts for construction.
    (d) Withdrawal of designation. A small business set-aside
designation may be withdrawn by the purchasing agency when
deemed in the best interests of the State. Upon withdrawal, all
bids or offers shall be rejected, and the bidders or offerors
shall be notified of the reason for rejection. The contract
shall then be awarded in accordance with this Code without the
designation of small business set-aside.
    (e) Small business specialist. The chief procurement
officer shall designate a State purchasing officer who will be
responsible for engaging an experienced contract negotiator to
serve as its small business specialist, whose duties shall
include:
        (1) Compiling and maintaining a comprehensive bidders
    list of small businesses. In this duty, he or she shall
    cooperate with the Federal Small Business Administration
    in locating potential sources for various products and
    services.
        (2) Assisting small businesses in complying with the
    procedures for bidding on State contracts.
        (3) Examining requests from State agencies for the
    purchase of property or services to help determine which
    invitations to bid are to be designated small business
    set-asides.
        (4) Making recommendations to the chief procurement
    officer for the simplification of specifications and terms
    in order to increase the opportunities for small business
    participation.
        (5) Assisting in investigations by purchasing agencies
    to determine the responsibility of bidders on small
    business set-asides.
    (f) Small business annual report. The State purchasing
officer designated under subsection (e) shall annually before
December 1 report in writing to the General Assembly concerning
the awarding of contracts to small businesses. The report shall
include the total value of awards made in the preceding fiscal
year under the designation of small business set-aside. The
report shall also include the total value of awards made to
businesses owned by minorities, females, and persons with
disabilities, as defined in the Business Enterprise for
Minorities, Females, and Persons with Disabilities Act, in the
preceding fiscal year under the designation of small business
set-aside.
    The requirement for reporting to the General Assembly shall
be satisfied by filing copies of the report as required by
Section 3.1 of the General Assembly Organization Act.
(Source: P.A. 92-60, eff. 7-12-01.)

Effective Date: 1/1/2005