Rep. William "Will" Davis

Filed: 3/21/2023

 

 


 

 


 
10300HB2368ham001LRB103 26061 DTM 59763 a

1
AMENDMENT TO HOUSE BILL 2368

2    AMENDMENT NO. ______. Amend House Bill 2368 by replacing
3everything after the enacting clause with the following:"
 
4    Section 5. The Illinois Procurement Code is amended by
5changing Section 45-45 as follows:
 
6    (30 ILCS 500/45-45)
7    Sec. 45-45. Small businesses.
8    (a) Set-asides. Each chief procurement officer has
9authority to designate as small business set-asides a fair
10proportion of construction, supply, and service contracts for
11award to small businesses in Illinois. Advertisements for bids
12or offers for those contracts shall specify designation as
13small business set-asides. In awarding the contracts, only
14bids or offers from qualified small businesses shall be
15considered.
16    (b) Small business. "Small business" means a business that

 

 

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1is independently owned and operated and that is not dominant
2in its field of operation. The chief procurement officer shall
3establish a detailed definition by rule, using in addition to
4the foregoing criteria other criteria, including the number of
5employees and the dollar volume of business. When computing
6the size status of a potential contractor, annual sales and
7receipts of the potential contractor and all of its affiliates
8shall be included. The maximum number of employees and the
9maximum dollar volume that a small business may have under the
10rules promulgated by the chief procurement officer may vary
11from industry to industry to the extent necessary to reflect
12differing characteristics of those industries, subject to the
13following limitations:
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
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.
24    (c) Fair proportion. For the purpose of subsection (a),
25for State agencies of the executive branch, a fair proportion
26of construction contracts shall be no less than 25% nor more

 

 

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1than 40% of the annual total contracts for construction.
2    (d) Withdrawal of designation. A small business set-aside
3designation may be withdrawn by the purchasing agency when
4deemed in the best interests of the State. Upon withdrawal,
5all bids or offers shall be rejected, and the bidders or
6offerors shall be notified of the reason for rejection. The
7contract shall then be awarded in accordance with this Code
8without the designation of small business set-aside.Each chief
9procurement officer shall make the annual report available on
10his or her official website. Each chief procurement officer
11shall also issue a press release in conjunction with the small
12business annual report that includes an executive summary of
13the annual report and a link to the annual report on the chief
14procurement officer's website.
15    (e) Small business specialist. Each chief procurement
16officer shall designate one or more individuals to serve as
17its small business specialist. The small business specialists
18shall collectively work together to accomplish the following
19duties:
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
26    procedures for bidding on State contracts.

 

 

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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 terms
7    in order to increase the opportunities for small business
8    participation.
9        (5) Assisting in investigations by purchasing agencies
10    to determine the responsibility of bidders or offerors on
11    small business set-asides.
12    (f) Small business annual report. Each small business
13specialist designated under subsection (e) shall annually
14before November 1 report in writing to the General Assembly
15concerning the awarding of contracts to small businesses. The
16report shall include the total value of awards made in the
17preceding fiscal year under the designation of small business
18set-aside. The report shall also include the total value of
19awards made to businesses owned by minorities, women, and
20persons with disabilities, as defined in the Business
21Enterprise for Minorities, Women, and Persons with
22Disabilities Act, in the preceding fiscal year under the
23designation of small business set-aside.
24    The requirement for reporting to the General Assembly
25shall be satisfied by filing copies of the report as required
26by 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;
2100-863, eff. 8-14-18.)
 
3    Section 10. The Business Enterprise for Minorities, Women,
4and Persons with Disabilities Act is amended by changing
5Section 8f as follows:
 
6    (30 ILCS 575/8f)
7    (Section scheduled to be repealed on June 30, 2024)
8    Sec. 8f. Annual report. The Council shall file no later
9than March 1 of each year, an annual report that shall detail
10the level of achievement toward the goals specified in this
11Act over the 3 most recent fiscal years. The annual report
12shall 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;
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;
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
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
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.
14(Source: P.A. 99-462, eff. 8-25-15; 100-391, eff. 8-25-17.)".