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| Public Act 093-0769 |
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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 | ||||
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 | ||||
authority to designate as
small business set-asides a fair
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proportion of construction, supply, and service contracts for | ||||
award
to small businesses in Illinois.
Advertisements for bids | ||||
or offers for those contracts shall
specify designation as | ||||
small business
set-asides. In awarding the contracts, only bids | ||||
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 | ||||
its field of operation. The
chief procurement officer shall | ||||
establish a detailed
definition by rule, using in addition to | ||||
the foregoing criteria
other criteria, including the number
of | ||||
employees and the dollar volume of business. When computing
the | ||||
size status of a bidder,
annual sales and receipts of the | ||||
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 | ||||
procurement officer may vary from industry
to
industry to the | ||||
extent necessary
to reflect differing characteristics of those | ||||
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 | ||||
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 | ||||
$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 | ||
State agencies
of the executive branch, a
fair proportion of | ||
construction
contracts shall be no less than 25% nor more than | ||
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 | ||
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 | ||
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 | ||
officer shall
designate a
State purchasing officer
who will be | ||
responsible for engaging an experienced contract
negotiator to | ||
serve as its small
business specialist, whose duties shall | ||
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 | ||
cooperate with the
Federal Small Business
Administration | ||
in locating potential sources for various products
and | ||
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 | ||
invitations to bid are to be
designated small business | ||
set-asides.
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(4) Making recommendations to the chief procurement | ||
officer for the
simplification of
specifications and terms | ||
in order to increase the opportunities
for small business | ||
participation.
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(5) Assisting in investigations by purchasing agencies
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to determine the
responsibility of bidders on small | ||
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 | ||
December 1 report in writing
to the General Assembly
concerning | ||
the awarding of contracts to small businesses. The
report shall | ||
include the total
value of awards made in the preceding fiscal | ||
year under the
designation of small business set-aside.
The | ||
report shall also include the total value of awards made to
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businesses owned by minorities, females, and persons with | ||
disabilities, as
defined in the Business Enterprise for | ||
Minorities, Females, and Persons with
Disabilities Act, in the | ||
preceding fiscal year under the designation of small
business | ||
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 | ||
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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