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1 | | is independently owned and
operated and that is not dominant |
2 | | in its field of operation. The
chief procurement officer shall |
3 | | establish a detailed
definition by rule, using in addition to |
4 | | the foregoing criteria
other criteria, including the number
of |
5 | | employees and the dollar volume of business. When computing
|
6 | | the size status of a potential contractor,
annual sales and |
7 | | receipts of the potential contractor and all of its affiliates
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8 | | shall be included. The maximum
number of employees and the |
9 | | maximum dollar volume that a small
business may have under
the |
10 | | rules promulgated by the chief procurement officer may vary |
11 | | from industry
to
industry to the extent necessary
to reflect |
12 | | differing characteristics of those industries, subject
to the |
13 | | following limitations:
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14 | | (1) No wholesale business is a small business if its
|
15 | | annual sales for its most
recently completed fiscal year |
16 | | exceed $13,000,000.
|
17 | | (2) No retail business or business selling services is
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18 | | a small business if its
annual sales and receipts exceed |
19 | | $8,000,000.
|
20 | | (3) No manufacturing business is a small business if |
21 | | it
employs more than 250
persons.
|
22 | | (4) No construction business is a small business if |
23 | | its
annual sales and receipts
exceed $14,000,000.
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24 | | (c) Fair proportion. For the purpose of subsection (a), |
25 | | for State agencies
of the executive branch, a
fair proportion |
26 | | of construction
contracts shall be no less than 25% nor more |
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1 | | than 40% of the
annual total contracts for
construction.
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2 | | (d) Withdrawal of designation. A small business set-aside
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3 | | designation may be withdrawn
by the purchasing agency when |
4 | | deemed in the best interests of the
State. Upon withdrawal, |
5 | | all
bids or offers shall be rejected, and the bidders or |
6 | | offerors
shall be notified of the reason for
rejection. The |
7 | | contract shall then be awarded in accordance with
this Code |
8 | | without the
designation of small business set-aside. Each chief |
9 | | procurement officer shall make the annual report available on |
10 | | his or her official website. Each chief procurement officer |
11 | | shall also issue a press release in conjunction with the small |
12 | | business annual report that includes an executive summary of |
13 | | the annual report and a link to the annual report on the chief |
14 | | procurement officer's website.
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15 | | (e) Small business specialist. Each chief procurement |
16 | | officer shall
designate one or more individuals to serve as |
17 | | its small
business specialist. The small business specialists |
18 | | shall collectively work together to accomplish the following |
19 | | duties:
|
20 | | (1) Compiling and maintaining a comprehensive
list of |
21 | | potential small contractors. In this duty, he or she shall |
22 | | cooperate with the
Federal Small Business
Administration |
23 | | in locating potential sources for various products
and |
24 | | services.
|
25 | | (2) Assisting small businesses in complying with the
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26 | | procedures for bidding
on State contracts.
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1 | | (3) Examining requests from State agencies for the
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2 | | purchase of property or
services to help determine which |
3 | | invitations to bid are to be
designated small business |
4 | | set-asides.
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5 | | (4) Making recommendations to the chief procurement |
6 | | officer for the
simplification of
specifications and terms |
7 | | in order to increase the opportunities
for small business |
8 | | participation.
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9 | | (5) Assisting in investigations by purchasing agencies
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10 | | to determine the
responsibility of bidders or offerors on |
11 | | small business set-asides.
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12 | | (f) Small business annual report. Each small business |
13 | | specialist designated under
subsection (e) shall annually |
14 | | before November 1 report in writing
to the General Assembly
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15 | | concerning the awarding of contracts to small businesses. The
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16 | | report shall include the total
value of awards made in the |
17 | | preceding fiscal year under the
designation of small business |
18 | | set-aside.
The report shall also include the total value of |
19 | | awards made to
businesses owned by minorities, women, and |
20 | | persons with disabilities, as
defined in the Business |
21 | | Enterprise for Minorities, Women, and Persons with
|
22 | | Disabilities Act, in the preceding fiscal year under the |
23 | | designation of small
business set-aside.
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24 | | The requirement for reporting to the General Assembly |
25 | | shall
be satisfied by filing copies
of the report as required |
26 | | by Section 3.1 of the General Assembly
Organization Act.
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1 | | (Source: P.A. 100-43, eff. 8-9-17; 100-391, eff. 8-25-17; |
2 | | 100-863, eff. 8-14-18.)
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3 | | Section 10. The Business Enterprise for Minorities, Women, |
4 | | and Persons with
Disabilities Act is amended by changing |
5 | | Section 8f as follows:
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6 | | (30 ILCS 575/8f)
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7 | | (Section scheduled to be repealed on June 30, 2024)
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8 | | Sec. 8f. Annual report. The Council shall file no later |
9 | | than March 1
of each year, an annual report that shall detail |
10 | | the level of achievement
toward the
goals specified in this |
11 | | Act over the 3 most recent fiscal years. The annual
report |
12 | | shall include, but need not be limited to the following:
|
13 | | (1) a summary detailing expenditures subject to the |
14 | | goals, the
actual goals specified, and the goals attained |
15 | | by each State agency and public institution of higher |
16 | | education;
|
17 | | (2) a summary of the number of contracts awarded and |
18 | | the average contract
amount by each State agency and |
19 | | public institution of higher education;
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20 | | (3) an analysis of the level of overall goal |
21 | | achievement concerning
purchases
from minority-owned |
22 | | businesses, women-owned businesses, and businesses owned |
23 | | by
persons with disabilities;
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24 | | (4) an analysis of the number of businesses owned by |
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1 | | minorities, women,
and persons with disabilities that are |
2 | | certified under the program as well as
the number of those |
3 | | businesses that received State procurement contracts; and
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4 | | (5) a summary of the number of contracts awarded to |
5 | | businesses with annual
gross sales of less than |
6 | | $1,000,000; of $1,000,000 or more, but less than
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7 | | $5,000,000; of
$5,000,000 or more, but less than |
8 | | $10,000,000; and of $10,000,000 or more. The Council shall |
9 | | make the annual report available on its official website. |
10 | | The Council shall also issue a press release in |
11 | | conjunction with the annual report that includes an |
12 | | executive summary of the annual report and a link to the |
13 | | annual report on its official website.
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14 | | (Source: P.A. 99-462, eff. 8-25-15; 100-391, eff. 8-25-17 .)".
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