[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
91_HB3437
LRB9109300SMdv
1 AN ACT to amend the Illinois Procurement Code by changing
2 Section 45-45.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Procurement Code is amended by
6 changing Section 45-45 as follows:
7 (30 ILCS 500/45-45)
8 Sec. 45-45. Small businesses.
9 (a) Set-asides. The chief procurement officer has
10 authority to designate as small business set-asides a fair
11 proportion of construction, supply, and service contracts for
12 award to small businesses in Illinois. Advertisements for
13 bids or offers for those contracts shall specify designation
14 as small business set-asides. In awarding the contracts,
15 only bids or offers from qualified small businesses shall be
16 considered.
17 (b) Small business. "Small business" means a business
18 that is independently owned and operated and that is not
19 dominant in its field of operation. The chief procurement
20 officer shall establish a detailed definition by rule, using
21 in addition to the foregoing criteria other criteria,
22 including the number of employees and the dollar volume of
23 business. When computing the size status of a bidder, annual
24 sales and receipts of the bidder and all of its affiliates
25 shall be included. The maximum number of employees and the
26 maximum dollar volume that a small business may have under
27 the rules promulgated by the chief procurement officer may
28 vary from industry to industry to the extent necessary to
29 reflect differing characteristics of those industries,
30 subject to the following limitations:
31 (1) No wholesale business is a small business if
-2- LRB9109300SMdv
1 its annual sales for its most recently completed fiscal
2 year exceed $7,500,000.
3 (2) No retail business or business selling services
4 is a small business if its annual sales and receipts
5 exceed $1,500,000.
6 (3) No manufacturing business is a small business
7 if it employs more than 250 persons.
8 (4) No construction business is a small business if
9 its annual sales and receipts exceed $15,000,000
10 $3,000,000.
11 (c) Fair proportion. For the purpose of subsection (a),
12 for State agencies of the executive branch, a fair proportion
13 of construction contracts shall be no less than 25% nor more
14 than 40% of the annual total contracts for construction.
15 (d) Withdrawal of designation. A small business
16 set-aside designation may be withdrawn by the purchasing
17 agency when deemed in the best interests of the State. Upon
18 withdrawal, all bids or offers shall be rejected, and the
19 bidders or offerors shall be notified of the reason for
20 rejection. The contract shall then be awarded in accordance
21 with this Code without the designation of small business
22 set-aside.
23 (e) Small business specialist. The chief procurement
24 officer shall designate a State purchasing officer who will
25 be responsible for engaging an experienced contract
26 negotiator to serve as its small business specialist, whose
27 duties shall include:
28 (1) Compiling and maintaining a comprehensive
29 bidders list of small businesses. In this duty, he or
30 she shall cooperate with the Federal Small Business
31 Administration in locating potential sources for various
32 products and services.
33 (2) Assisting small businesses in complying with
34 the procedures for bidding on State contracts.
-3- LRB9109300SMdv
1 (3) Examining requests from State agencies for the
2 purchase of property or services to help determine which
3 invitations to bid are to be designated small business
4 set-asides.
5 (4) Making recommendations to the chief procurement
6 officer for the simplification of specifications and
7 terms in order to increase the opportunities for small
8 business participation.
9 (5) Assisting in investigations by purchasing
10 agencies to determine the responsibility of bidders on
11 small business set-asides.
12 (f) Small business annual report. The State purchasing
13 officer designated under subsection (e) shall annually before
14 December 1 report in writing to the General Assembly
15 concerning the awarding of contracts to small businesses.
16 The report shall include the total value of awards made in
17 the preceding fiscal year under the designation of small
18 business set-aside. The report shall also include the total
19 value of awards made to businesses owned by minorities,
20 females, and persons with disabilities, as defined in the
21 Business Enterprise for Minorities, Females, and Persons with
22 Disabilities Act, in the preceding fiscal year under the
23 designation of small business set-aside.
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.
27 (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
28 Section 99. Effective date. This Act takes effect upon
29 becoming law.