Illinois General Assembly - Full Text of HB3536
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Full Text of HB3536  93rd General Assembly

HB3536 93rd General Assembly


093_HB3536

 
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 1        AN ACT concerning State contracts.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  1.   Short  title.  This Act may be cited as the
 5    Illinois Historically Underutilized Business Zone Act.

 6        Section 5.  Definitions.  As used in this Act:
 7        "Contracting  officer"  means  a  person  who   has   the
 8    authority   to  enter  into  a  State  department  or  agency
 9    procurement contract on behalf  of  the  State  and  to  make
10    determinations and findings regarding that contract.
11        "Department"   means   the  Department  of  Commerce  and
12    Community Affairs.
13        "Director" means the Director of Commerce  and  Community
14    Affairs.
15        "Full  and open competition" means the competitive sealed
16    bidding process described in Section 20-10  of  the  Illinois
17    Procurement Code.
18        "Small  business"  means  any  business  that  is a small
19    business under Section  45-45  of  the  Illinois  Procurement
20    Code.

21        Section  10.  IHUBZone Program.  There is established the
22    IHUBZone Program to be  carried  out  by  the  Department  to
23    provide   for   State  contracting  assistance  to  qualified
24    IHUBZone small business.

25        Section 15.  IHUBZone designations.  The  Department  may
26    designate an area within the State as an IHUBZone if the area
27    is located in one or more of the following:
28             (1)   A qualified census tract as defined in Section
29        42(d)(5)(C)(i)(I) of the Internal Revenue Code of 1986.
 
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 1             (2)  A   county   (i)  that  is  not  located  in  a
 2        metropolitan  statistical  area  as  defined  in  Section
 3        143(k)(2)(B) of the Internal Revenue  Code  of  1986  and
 4        (ii)  with  a median household income of less than 80% of
 5        the State median household income or with an unemployment
 6        rate of not less than 140% of the statewide average based
 7        on U.S. Department of Labor recent data.
 8             (3)  The boundaries of  federally-recognized  Indian
 9        reservations.

10        Section 15. Qualified small businesses.
11        (a)  To   qualify  for  the  IHUBZone  program,  a  small
12    business must meet all of the following criteria:
13             (1)  It must be located in an IHUBZone.
14             (2)  It must be owned and controlled by one or  more
15        persons  who  (i)  are  U.S.  citizens, (ii) are Illinois
16        residents, and (iii) reside in an IHUBZone.
17             (3)  At least 35% of its employees must reside in an
18        IHUBZone.
19        (b)  The Department shall establish and maintain  a  list
20    of  qualified  IHUBZone  small  business,  which shall to the
21    extent practicable:
22             (1)  Include the name, address, and type of business
23        of the qualified small business.
24             (2)  Be updated by the Department  on  at  least  an
25        annual basis.
26             (3)  Be available to the public upon request.

27        Section  25.   Sole source contracts. Notwithstanding any
28    other provision of law, a contracting officer may award  sole
29    source  contracts  under  this  Act to any qualified IHUBZone
30    small business if all of the following criteria are met:
31             (1)  The  qualified  IHUBZone  small   business   is
32        determined to be a responsible contractor with respect to
 
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 1        the  performance  of  the  contract  opportunity  and the
 2        contracting  officer   does   not   have   a   reasonable
 3        expectation  that  2  or  more  qualified  IHUBZone small
 4        businesses  will  submit  offers  for   the   contracting
 5        opportunity.
 6             (2)  The  anticipated  award  price of the contract,
 7        including options, will not exceed $3,000,000.
 8             (3)  In the estimation of the  contracting  officer,
 9        the  contract  award can be made at a fair and reasonable
10        price.

11        Section    30.    Competitive     IHUBZone     contracts.
12    Notwithstanding  any  other  provision  of law, a contracting
13    officer shall award contracting opportunities on the basis of
14    competition restricted to qualified IHUBZone small businesses
15    if he or she has a reasonable expectation that (i)  not  less
16    than 2 qualified IHUBZone small businesses will submit offers
17    and (ii) that the award can be made at a fair market price.

18        Section 35.  Full and open competition.  If a contract is
19    to  be awarded on the basis of full and open competition, the
20    price offered by a qualified IHUBZone small business shall be
21    deemed as being lower  than  the  price  offered  by  another
22    bidder, other than another qualified IHUBZone small business,
23    if the price offered by the qualified IHUBZone small business
24    is  not  more  than  10% higher than the price offered by the
25    otherwise lowest responsive and responsible bidder.

26        Section 40.  Appeal.  If a contracting officer  does  not
27    award  a  contract  to any qualified IHUBZone small business,
28    then a qualified IHUBZone small business  that  submitted  an
29    offer  may file an appeal with the Department.  Not less than
30    5 days from the date that the Department receives the appeal,
31    the  Director  or  his  or  her  designee  may   notify   the
 
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 1    contracting  officer  of the intent to appeal the contracting
 2    officer's decision and, within 15 days after this  date,  may
 3    file a written request for reconsideration of the contracting
 4    officer's  decision  with  the  director of the department or
 5    agency.

 6        Section 45.  Administration.  The  Department  may  adopt
 7    rules concerning the administration of the IHUBZone Program.

 8        Section  50.  Provision of data.  Upon the request of the
 9    Director, any  State  agency  or  department  shall  promptly
10    provide  to  the Department any information that the Director
11    determines to be necessary to carry out the IHUBZone Program.

12        Section 55.  Penalties.  Any individual  or  entity  that
13    knowingly misrepresents the status of a business concern as a
14    qualified IHUBZone small business commits a Class 3 felony.

15        Section 905.  The Illinois Procurement Code is amended by
16    changing  Section  30-45  and  by  adding  Section  45-47  as
17    follows:

18        (30 ILCS 500/30-45)
19        Sec.  30-45.   Other  Acts.   This  Article is subject to
20    applicable provisions of the following Acts:
21             (1)  the Prevailing Wage Act;
22             (2)  the Public Construction Bond Act;
23             (3)  the Public Works Employment Discrimination Act;
24             (4)  the Public Works Preference Act;
25             (5)  the Employment of Illinois  Workers  on  Public
26        Works Act;
27             (6)  the Public Contract Fraud Act; and
28             (7)  the Illinois Construction Evaluation Act; and
29             (8)  the    Illinois    Historically   Underutilized
 
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 1        Business Zone Act.
 2    (Source: P.A. 90-572, eff. date - See Sec. 99-5.)

 3        (30 ILCS 500/45-47 new)
 4        Sec. 45-47.  IHUBZones. Contracts  shall  be  awarded  to
 5    qualified   IHUBZone  small  businesses  under  the  Illinois
 6    Historically Underutilized Business Zone Act.
 
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 1                                INDEX
 2               Statutes amended in order of appearance
 3    New Act
 4    30 ILCS 500/30-45
 5    30 ILCS 500/45-47 new