Full Text of HB2368 103rd General Assembly
HB2368ham002 103RD GENERAL ASSEMBLY | Rep. William "Will" Davis Filed: 3/23/2023
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| 1 | | AMENDMENT TO HOUSE BILL 2368
| 2 | | AMENDMENT NO. ______. Amend House Bill 2368 by replacing | 3 | | everything after the enacting clause with the following:"
| 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. Each 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 | 14 | | bids or offers from
qualified small businesses shall
be | 15 | | considered.
| 16 | | (b) Small business. "Small business" means a business that
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| 1 | | is independently owned and
operated and that is not dominant | 2 | | in its field of operation. The
chief procurement officer shall | 3 | | establish a detailed
definition by rule, using in addition to | 4 | | the foregoing criteria
other criteria, including the number
of | 5 | | employees and the dollar volume of business. When computing
| 6 | | the size status of a potential contractor,
annual sales and | 7 | | receipts of the potential contractor and all of its affiliates
| 8 | | shall be included. The maximum
number of employees and the | 9 | | maximum dollar volume that a small
business may have under
the | 10 | | rules promulgated by the chief procurement officer may vary | 11 | | from industry
to
industry to the extent necessary
to reflect | 12 | | differing characteristics of those industries, subject
to the | 13 | | following 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), | 25 | | for State agencies
of the executive branch, a
fair proportion | 26 | | of construction
contracts shall be no less than 25% nor more |
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| 1 | | than 40% of the
annual total contracts for
construction.
| 2 | | (d) Withdrawal of designation. A small business set-aside
| 3 | | designation may be withdrawn
by the purchasing agency when | 4 | | deemed in the best interests of the
State. Upon withdrawal, | 5 | | all
bids or offers shall be rejected, and the bidders or | 6 | | offerors
shall be notified of the reason for
rejection. The | 7 | | contract shall then be awarded in accordance with
this Code | 8 | | without the
designation of small business set-aside.
| 9 | | (e) Small business specialist. Each chief procurement | 10 | | officer shall
designate one or more individuals to serve as | 11 | | its small
business specialist. The small business specialists | 12 | | shall collectively work together to accomplish the following | 13 | | duties:
| 14 | | (1) Compiling and maintaining a comprehensive
list of | 15 | | potential small contractors. In this duty, he or she shall | 16 | | cooperate with the
Federal Small Business
Administration | 17 | | in locating potential sources for various products
and | 18 | | services.
| 19 | | (2) Assisting small businesses in complying with the
| 20 | | procedures for bidding
on State contracts.
| 21 | | (3) Examining requests from State agencies for the
| 22 | | purchase of property or
services to help determine which | 23 | | invitations to bid are to be
designated small business | 24 | | set-asides.
| 25 | | (4) Making recommendations to the chief procurement | 26 | | officer for the
simplification of
specifications and terms |
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| 1 | | in order to increase the opportunities
for small business | 2 | | participation.
| 3 | | (5) Assisting in investigations by purchasing agencies
| 4 | | to determine the
responsibility of bidders or offerors on | 5 | | small business set-asides.
| 6 | | (f) Small business annual report. Each small business | 7 | | specialist designated under
subsection (e) shall annually | 8 | | before November 1 report in writing
to the General Assembly
| 9 | | concerning the awarding of contracts to small businesses. The
| 10 | | report shall include the total
value of awards made in the | 11 | | preceding fiscal year under the
designation of small business | 12 | | set-aside.
The report shall also include the total value of | 13 | | awards made to
businesses owned by minorities, women, and | 14 | | persons with disabilities, as
defined in the Business | 15 | | Enterprise for Minorities, Women, and Persons with
| 16 | | Disabilities Act, in the preceding fiscal year under the | 17 | | designation of small
business set-aside. Each chief | 18 | | procurement officer shall make the annual report available on | 19 | | his or her official website. Each chief procurement officer | 20 | | shall also issue a press release in conjunction with the small | 21 | | business annual report that includes an executive summary of | 22 | | the annual report and a link to the annual report on the chief | 23 | | procurement officer's website.
| 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.
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| 1 | | (Source: P.A. 100-43, eff. 8-9-17; 100-391, eff. 8-25-17; | 2 | | 100-863, eff. 8-14-18.)
| 3 | | Section 10. The Business Enterprise for Minorities, Women, | 4 | | and Persons with
Disabilities Act is amended by changing | 5 | | Section 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 | 9 | | than March 1
of each year, an annual report that shall detail | 10 | | the level of achievement
toward the
goals specified in this | 11 | | Act over the 3 most recent fiscal years. The annual
report | 12 | | shall 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. | 9 | | The Council shall make the annual report available on its | 10 | | official website. The Council shall also issue a press release | 11 | | in conjunction with the annual report that includes an | 12 | | executive summary of the annual report and a link to the annual | 13 | | report on its official website.
| 14 | | (Source: P.A. 99-462, eff. 8-25-15; 100-391, eff. 8-25-17 .)".
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