State of Illinois
92nd General Assembly
Legislation

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[ Introduced ][ Engrossed ][ Senate Amendment 001 ]


92_SB0269enr

 
SB269 Enrolled                                 LRB9202711SMdv

 1        AN ACT concerning procurement.

 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
12    bids  or offers for those contracts shall specify designation
13    as small business set-asides.   In  awarding  the  contracts,
14    only  bids or offers from qualified small businesses shall be
15    considered.
16        (b)  Small business.  "Small business" means  a  business
17    that  is  independently  owned  and  operated and that is not
18    dominant in its field of operation.   The  chief  procurement
19    officer  shall establish a detailed definition by rule, using
20    in  addition  to  the  foregoing  criteria  other   criteria,
21    including  the  number  of employees and the dollar volume of
22    business.  When computing the size status of a bidder, annual
23    sales and receipts of the bidder and all  of  its  affiliates
24    shall  be  included.  The maximum number of employees and the
25    maximum dollar volume that a small business  may  have  under
26    the  rules  promulgated  by the chief procurement officer may
27    vary from industry to industry to  the  extent  necessary  to
28    reflect   differing   characteristics  of  those  industries,
29    subject to the following limitations:
30             (1)  No wholesale business is a  small  business  if
31        its  annual  sales for its most recently completed fiscal
 
SB269 Enrolled              -2-                LRB9202711SMdv
 1        year exceed $7,500,000.
 2             (2)  No retail business or business selling services
 3        is a small business if  its  annual  sales  and  receipts
 4        exceed $1,500,000.
 5             (3)  No  manufacturing  business is a small business
 6        if it employs more than 250 persons.
 7             (4)  No construction business is a small business if
 8        its  annual  sales  and   receipts   exceed   $10,000,000
 9        $3,000,000.
10        (c)  Fair proportion.  For the purpose of subsection (a),
11    for State agencies of the executive branch, a fair proportion
12    of  construction contracts shall be no less than 25% nor more
13    than 40% of the annual total contracts for construction.
14        (d)  Withdrawal  of  designation.    A   small   business
15    set-aside  designation  may  be  withdrawn  by the purchasing
16    agency when deemed in the best interests of the State.   Upon
17    withdrawal,  all  bids  or  offers shall be rejected, and the
18    bidders or offerors shall  be  notified  of  the  reason  for
19    rejection.   The contract shall then be awarded in accordance
20    with this Code without  the  designation  of  small  business
21    set-aside.
22        (e)  Small  business  specialist.   The chief procurement
23    officer shall designate a State purchasing officer  who  will
24    be   responsible   for   engaging   an  experienced  contract
25    negotiator to serve as its small business  specialist,  whose
26    duties shall include:
27             (1)  Compiling   and   maintaining  a  comprehensive
28        bidders list of small businesses.  In this  duty,  he  or
29        she  shall  cooperate  with  the  Federal  Small Business
30        Administration in locating potential sources for  various
31        products and services.
32             (2)  Assisting  small  businesses  in complying with
33        the procedures for bidding on State contracts.
34             (3)  Examining requests from State agencies for  the
 
SB269 Enrolled              -3-                LRB9202711SMdv
 1        purchase  of property or services to help determine which
 2        invitations to bid are to be  designated  small  business
 3        set-asides.
 4             (4)  Making recommendations to the chief procurement
 5        officer  for  the  simplification  of  specifications and
 6        terms in order to increase the  opportunities  for  small
 7        business participation.
 8             (5)  Assisting   in   investigations  by  purchasing
 9        agencies to determine the responsibility  of  bidders  on
10        small business set-asides.
11        (f)  Small  business annual report.  The State purchasing
12    officer designated under subsection (e) shall annually before
13    December  1  report  in  writing  to  the  General   Assembly
14    concerning  the  awarding  of  contracts to small businesses.
15    The report shall include the total value of  awards  made  in
16    the  preceding  fiscal  year  under  the designation of small
17    business set-aside. The report shall also include  the  total
18    value  of  awards  made  to  businesses  owned by minorities,
19    females, and persons with disabilities,  as  defined  in  the
20    Business Enterprise for Minorities, Females, and Persons with
21    Disabilities  Act,   in  the  preceding fiscal year under the
22    designation of small business set-aside.
23        The requirement for reporting  to  the  General  Assembly
24    shall be satisfied by filing copies of the report as required
25    by Section 3.1 of the General Assembly Organization Act.
26    (Source: P.A. 90-572, eff. date - See Sec. 99-5.)

27        Section  99.  Effective date.  This Act takes effect upon
28    becoming law.

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