Full Text of HB5915 98th General Assembly
HB5915 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB5915 Introduced , by Rep. Jil Tracy SYNOPSIS AS INTRODUCED: |
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Amends the Illinois Procurement Code. In provisions defining "small business", increases the maximum annual sales for: a wholesale business from $10,000,000 to $13,000,000; a retail business or a business selling services from $6,000,000 to $8,000,000; and a construction business from $10,000,000 to $14,000,000.
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| | A BILL FOR |
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| 1 | | AN ACT concerning finance.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Procurement Code is amended by | 5 | | changing Section 45-45 as follows:
| 6 | | (30 ILCS 500/45-45)
| 7 | | Sec. 45-45. Small businesses.
| 8 | | (a) Set-asides. The chief procurement officer has | 9 | | authority to designate as
small business set-asides a fair
| 10 | | proportion of construction, supply, and service contracts for | 11 | | award
to small businesses in Illinois.
Advertisements for bids | 12 | | or offers for those contracts shall
specify designation as | 13 | | small business
set-asides. In awarding the contracts, only bids | 14 | | or offers from
qualified small businesses shall
be considered.
| 15 | | (b) Small business. "Small business" means a business that
| 16 | | is independently owned and
operated and that is not dominant in | 17 | | its field of operation. The
chief procurement officer shall | 18 | | establish a detailed
definition by rule, using in addition to | 19 | | the foregoing criteria
other criteria, including the number
of | 20 | | employees and the dollar volume of business. When computing
the | 21 | | size status of a bidder,
annual sales and receipts of the | 22 | | bidder and all of its affiliates
shall be included. The maximum
| 23 | | number of employees and the maximum dollar volume that a small
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| 1 | | business may have under
the rules promulgated by the chief | 2 | | procurement officer may vary from industry
to
industry to the | 3 | | extent necessary
to reflect differing characteristics of those | 4 | | industries, subject
to the following limitations:
| 5 | | (1) No wholesale business is a small business if its
| 6 | | annual sales for its most
recently completed fiscal year | 7 | | exceed $13,000,000 $10,000,000 .
| 8 | | (2) No retail business or business selling services is
| 9 | | a small business if its
annual sales and receipts exceed | 10 | | $8,000,000 $6,000,000 .
| 11 | | (3) No manufacturing business is a small business if it
| 12 | | employs more than 250
persons.
| 13 | | (4) No construction business is a small business if its
| 14 | | annual sales and receipts
exceed $14,000,000 $10,000,000 .
| 15 | | (c) Fair proportion. For the purpose of subsection (a), for | 16 | | State agencies
of the executive branch, a
fair proportion of | 17 | | construction
contracts shall be no less than 25% nor more than | 18 | | 40% of the
annual total contracts for
construction.
| 19 | | (d) Withdrawal of designation. A small business set-aside
| 20 | | designation may be withdrawn
by the purchasing agency when | 21 | | deemed in the best interests of the
State. Upon withdrawal, all
| 22 | | bids or offers shall be rejected, and the bidders or offerors
| 23 | | shall be notified of the reason for
rejection. The contract | 24 | | shall then be awarded in accordance with
this Code without the
| 25 | | designation of small business set-aside.
| 26 | | (e) Small business specialist. The chief procurement |
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| 1 | | officer shall
designate a
State purchasing officer
who will be | 2 | | responsible for engaging an experienced contract
negotiator to | 3 | | serve as its small
business specialist, whose duties shall | 4 | | include:
| 5 | | (1) Compiling and maintaining a comprehensive bidders
| 6 | | list of small
businesses. In this duty, he or she shall | 7 | | cooperate with the
Federal Small Business
Administration | 8 | | in locating potential sources for various products
and | 9 | | services.
| 10 | | (2) Assisting small businesses in complying with the
| 11 | | procedures for bidding
on State contracts.
| 12 | | (3) Examining requests from State agencies for the
| 13 | | purchase of property or
services to help determine which | 14 | | invitations to bid are to be
designated small business | 15 | | set-asides.
| 16 | | (4) Making recommendations to the chief procurement | 17 | | officer for the
simplification of
specifications and terms | 18 | | in order to increase the opportunities
for small business | 19 | | participation.
| 20 | | (5) Assisting in investigations by purchasing agencies
| 21 | | to determine the
responsibility of bidders on small | 22 | | business set-asides.
| 23 | | (f) Small business annual report. The State purchasing
| 24 | | officer designated under
subsection (e) shall annually before | 25 | | December 1 report in writing
to the General Assembly
concerning | 26 | | the awarding of contracts to small businesses. The
report shall |
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| 1 | | include the total
value of awards made in the preceding fiscal | 2 | | year under the
designation of small business set-aside.
The | 3 | | report shall also include the total value of awards made to
| 4 | | businesses owned by minorities, females, and persons with | 5 | | disabilities, as
defined in the Business Enterprise for | 6 | | Minorities, Females, and Persons with
Disabilities Act, in the | 7 | | preceding fiscal year under the designation of small
business | 8 | | set-aside.
| 9 | | The requirement for reporting to the General Assembly shall
| 10 | | be satisfied by filing copies
of the report as required by | 11 | | Section 3.1 of the General Assembly
Organization Act.
| 12 | | (Source: P.A. 92-60, eff. 7-12-01; 93-769, eff. 1-1-05.)
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