Full Text of HB4947 093rd General Assembly
HB4947enr 93RD GENERAL ASSEMBLY
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HB4947 Enrolled |
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| AN ACT concerning procurement.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Procurement Code is amended by | 5 |
| changing Section 45-45 as follows:
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| (30 ILCS 500/45-45)
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| Sec. 45-45. Small businesses.
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| (a) Set-asides. The chief procurement officer has | 9 |
| authority to designate as
small business set-asides a fair
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| 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 bids | 14 |
| or offers from
qualified small businesses shall
be considered.
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| (b) Small business. "Small business" means a business that
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| is independently owned and
operated and that is not dominant in | 17 |
| its field of operation. The
chief procurement officer shall | 18 |
| establish a detailed
definition by rule, using in addition to | 19 |
| the foregoing criteria
other criteria, including the number
of | 20 |
| employees and the dollar volume of business. When computing
the | 21 |
| size status of a bidder,
annual sales and receipts of the | 22 |
| bidder and all of its affiliates
shall be included. The maximum
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| number of employees and the maximum dollar volume that a small
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| business may have under
the rules promulgated by the chief | 25 |
| procurement officer may vary from industry
to
industry to the | 26 |
| extent necessary
to reflect differing characteristics of those | 27 |
| industries, subject
to the following limitations:
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| (1) No wholesale business is a small business if its
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| annual sales for its most
recently completed fiscal year | 30 |
| exceed $10,000,000
$7,500,000 .
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| (2) No retail business or business selling services is
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| a small business if its
annual sales and receipts exceed |
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| $6,000,000
$1,500,000 .
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| (3) No manufacturing business is a small business if it
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| employs more than 250
persons.
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| (4) No construction business is a small business if its
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| annual sales and receipts
exceed $10,000,000.
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| (c) Fair proportion. For the purpose of subsection (a), for | 7 |
| State agencies
of the executive branch, a
fair proportion of | 8 |
| construction
contracts shall be no less than 25% nor more than | 9 |
| 40% of the
annual total contracts for
construction.
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| (d) Withdrawal of designation. A small business set-aside
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| designation may be withdrawn
by the purchasing agency when | 12 |
| deemed in the best interests of the
State. Upon withdrawal, all
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| bids or offers shall be rejected, and the bidders or offerors
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| shall be notified of the reason for
rejection. The contract | 15 |
| shall then be awarded in accordance with
this Code without the
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| designation of small business set-aside.
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| (e) Small business specialist. The chief procurement | 18 |
| officer shall
designate a
State purchasing officer
who will be | 19 |
| responsible for engaging an experienced contract
negotiator to | 20 |
| serve as its small
business specialist, whose duties shall | 21 |
| include:
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| (1) Compiling and maintaining a comprehensive bidders
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| list of small
businesses. In this duty, he or she shall | 24 |
| cooperate with the
Federal Small Business
Administration | 25 |
| in locating potential sources for various products
and | 26 |
| services.
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| (2) Assisting small businesses in complying with the
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| procedures for bidding
on State contracts.
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| (3) Examining requests from State agencies for the
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| purchase of property or
services to help determine which | 31 |
| invitations to bid are to be
designated small business | 32 |
| set-asides.
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| (4) Making recommendations to the chief procurement | 34 |
| officer for the
simplification of
specifications and terms | 35 |
| in order to increase the opportunities
for small business | 36 |
| participation.
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| (5) Assisting in investigations by purchasing agencies
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| to determine the
responsibility of bidders on small | 3 |
| business set-asides.
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| (f) Small business annual report. The State purchasing
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| officer designated under
subsection (e) shall annually before | 6 |
| December 1 report in writing
to the General Assembly
concerning | 7 |
| the awarding of contracts to small businesses. The
report shall | 8 |
| include the total
value of awards made in the preceding fiscal | 9 |
| year under the
designation of small business set-aside.
The | 10 |
| report shall also include the total value of awards made to
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| businesses owned by minorities, females, and persons with | 12 |
| disabilities, as
defined in the Business Enterprise for | 13 |
| Minorities, Females, and Persons with
Disabilities Act, in the | 14 |
| preceding fiscal year under the designation of small
business | 15 |
| set-aside.
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| The requirement for reporting to the General Assembly shall
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| be satisfied by filing copies
of the report as required by | 18 |
| Section 3.1 of the General Assembly
Organization Act.
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| (Source: P.A. 92-60, eff. 7-12-01.)
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