State of Illinois
2021 and 2022


Introduced 2/19/2021, by Rep. Jeff Keicher


30 ILCS 500/45-47 new

    Amends the Illinois Procurement Code. Provides that each chief procurement officer has authority to designate as Main Street business set-asides a fair proportion of construction, supply, and service contracts for award to businesses in Illinois that have been affected by the coronavirus pandemic of 2020 and 2021. Provides limitations for designating Main Street businesses. Provides for the withdrawal of a Main Street business designation. Requires each chief procurement officer to designate one or more individuals to serve as its Main Street business specialist with specified duties. Provides reporting requirements. Repeals provisions on January 1, 2032. Defines "Main Street business".

LRB102 14985 RJF 20340 b





HB3334LRB102 14985 RJF 20340 b

1    AN ACT concerning finance.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Procurement Code is amended by
5adding Section 45-47 as follows:
6    (30 ILCS 500/45-47 new)
7    Sec. 45-47. Main Street business procurement.
8    (a) Set-asides. Each chief procurement officer has
9authority to designate as Main Street business set-asides a
10fair proportion of construction, supply, and service contracts
11for award to businesses in Illinois that have been affected by
12the coronavirus pandemic of 2020 and 2021. Advertisements for
13bids or offers for those contracts shall specify designation
14as Main Street set-asides. In awarding the contracts, only
15bids or offers from qualified Main Street businesses shall be
17    (b) Main Street business. "Main Street business" means a
18business that: (i) is independently owned and operated; (ii)
19is not dominant in its field of operation; (iii) does a
20significant proportion of its business on a face-to-face
21(rather than electronic, video, or audio) basis; and (iv) was
22disproportionately affected by the public emergency orders
23issued by the Governor in 2020 and 2021 relating to conditions



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1of the coronavirus pandemic. The chief procurement officer
2shall establish a detailed definition by rule, and may also
3utilize other criteria, including the number of employees and
4the dollar volume of business of the applicant firm. When
5computing the size status of a potential contractor, annual
6sales and receipts of the potential contractor and all of its
7affiliates shall be included. The maximum number of employees
8and the maximum dollar volume that a Main Street business may
9have under the rules adopted by the chief procurement officer
10may vary from industry to industry to the extent necessary to
11reflect differing characteristics of those industries, subject
12to the following limitations:
13        (1) No wholesale business is a Main Street business if
14    its annual sales for its most recently completed fiscal
15    year exceed $13,000,000.
16        (2) No retail business or business selling services is
17    a Main Street business if its annual sales and receipts
18    exceed $8,000,000.
19        (3) No manufacturing business is a Main Street
20    business if it employs more than 250 persons.
21        (4) No construction business is a Main Street business
22    if its annual sales and receipts exceed $14,000,000.
23    (c) Fair proportion. For the purpose of subsection (a),
24for State agencies of the executive branch, a fair proportion
25of construction contracts shall be no less than 10% nor more
26than 25% of the annual total contracts for construction.



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1    (d) Withdrawal of designation. A Main Street business
2set-aside designation may be withdrawn by the purchasing
3agency when deemed in the best interests of the State. Upon
4withdrawal, all bids or offers shall be rejected, and the
5bidders or offerors shall be notified of the reason for
6rejection. The contract shall then be awarded in accordance
7with this Code without the designation of Main Street business
9    (e) Main Street business specialist. Each chief
10procurement officer shall designate one or more individuals to
11serve as its Main Street business specialist. The Main Street
12business specialists shall collectively work together to
13accomplish the following duties:
14        (1) Compiling and maintaining a comprehensive list of
15    potential Main Street contractors.
16        (2) Assisting Main Street businesses in complying with
17    the procedures for bidding on State contracts.
18        (3) Examining requests from State agencies for the
19    purchase of property or services to help determine which
20    invitations to bid are to be designated as Main Street
21    business set-asides.
22        (4) Making recommendations to the chief procurement
23    officer for the simplification of specifications and terms
24    in order to increase the opportunities for Main Street
25    business participation.
26        (5) Assisting in investigations by purchasing agencies



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1    to determine the responsibility of bidders or offerors on
2    Main Street business set-asides.
3    (f) Main Street business annual report. Each Main Street
4business specialist designated under subsection (e) shall
5annually before November 1 report in writing to the General
6Assembly concerning the awarding of contracts to Main Street
7businesses. The report shall include the total value of awards
8made in the preceding fiscal year under the designation of
9Main Street business set-aside. The report shall also include
10the total value of awards made to businesses owned by
11minorities, women, and persons with disabilities, as defined
12in the Business Enterprise for Minorities, Women, and Persons
13with Disabilities Act, in the preceding fiscal year under the
14designation of Main Street business set-aside.
15    The requirement for reporting to the General Assembly
16shall be satisfied by filing copies of the report as required
17by Section 3.1 of the General Assembly Organization Act.
18    (g) This Section is repealed on January 1, 2032.