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1 | AN ACT concerning finance.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | Section 5. The Illinois Procurement Code is amended by | ||||||
5 | changing Section 45-45 as follows:
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6 | (30 ILCS 500/45-45)
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7 | Sec. 45-45. Small businesses.
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8 | (a) Set-asides. The chief procurement officer has | ||||||
9 | authority to designate as
small business set-asides a fair
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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 bids | ||||||
14 | or offers from
qualified small businesses shall
be considered.
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15 | (b) Small business. "Small business" means a business that
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16 | 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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23 | number of employees and the maximum dollar volume that a small
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1 | business may have under
the rules promulgated by the chief | ||||||
2 | procurement officer may vary from industry
to
industry to the | ||||||
3 | extent necessary
to reflect differing characteristics of those | ||||||
4 | industries, subject
to the following limitations:
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5 | (1) No wholesale business is a small business if its
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6 | average annual sales over the 3 most recent calendar years | ||||||
7 | for its most
recently completed fiscal year exceed | ||||||
8 | $10,000,000.
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9 | (2) No retail business or business selling services is
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10 | a small business if its
average annual sales and receipts | ||||||
11 | over the 3 most recent calendar years exceed $6,000,000.
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12 | (3) (Blank). No manufacturing business is a small | ||||||
13 | business if it
employs more than 250
persons.
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14 | (4) No construction business is a small business if : | ||||||
15 | (A) its
average annual sales and receipts
over the | ||||||
16 | 3 most recent calendar years exceed $10,000,000 ; or | ||||||
17 | (B) its average annual sales and receipts over the | ||||||
18 | 3 most recent calendar years exceed $2,000,000 and it | ||||||
19 | has received a cumulative total of $5,000,000 or more | ||||||
20 | from State construction and construction-related | ||||||
21 | professional services contracts .
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22 | (c) Fair proportion. For the purpose of subsection (a), for | ||||||
23 | State agencies
of the executive branch, a
fair proportion of | ||||||
24 | construction
contracts shall be no less than 25% nor more than | ||||||
25 | 40% of the
annual total contracts for
construction and | ||||||
26 | construction-related professional services. The construction |
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1 | agency must designate under which category set forth in item | ||||||
2 | (4) of subsection (b) the set-asides are made in the agency's | ||||||
3 | procurement notices .
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4 | (d) Withdrawal of designation. A small business set-aside
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5 | designation may be withdrawn
by the purchasing agency when | ||||||
6 | deemed in the best interests of the
State. Upon withdrawal, all
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7 | bids or offers shall be rejected, and the bidders or offerors
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8 | shall be notified of the reason for
rejection. The contract | ||||||
9 | shall then be awarded in accordance with
this Code without the
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10 | designation of small business set-aside.
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11 | (e) Small business specialist. The chief procurement | ||||||
12 | officer shall
designate a
State purchasing officer
who will be | ||||||
13 | responsible for engaging an experienced contract
negotiator to | ||||||
14 | serve as its small
business specialist, whose duties shall | ||||||
15 | include:
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16 | (1) Compiling and maintaining a comprehensive bidders
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17 | list of small
businesses. In this duty, he or she shall | ||||||
18 | cooperate with the
Federal Small Business
Administration | ||||||
19 | in locating potential sources for various products
and | ||||||
20 | services.
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21 | (2) Assisting small businesses in complying with the
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22 | procedures for bidding
on State contracts.
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23 | (3) Examining requests from State agencies for the
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24 | purchase of property or
services to help determine which | ||||||
25 | invitations to bid are to be
designated small business | ||||||
26 | set-asides.
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1 | (4) Making recommendations to the chief procurement | ||||||
2 | officer for the
simplification of
specifications and terms | ||||||
3 | in order to increase the opportunities
for small business | ||||||
4 | participation.
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5 | (5) Assisting in investigations by purchasing agencies
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6 | to determine the
responsibility of bidders on small | ||||||
7 | business set-asides.
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8 | (f) Small business annual report. The State purchasing
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9 | officer designated under
subsection (e) shall annually before | ||||||
10 | December 1 report in writing
to the General Assembly
concerning | ||||||
11 | the awarding of contracts to small businesses. The
report shall | ||||||
12 | include the total
value of awards made in the preceding fiscal | ||||||
13 | year under the
designation of small business set-aside.
The | ||||||
14 | report shall also include the total value of awards made to
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15 | businesses owned by minorities, females, and persons with | ||||||
16 | disabilities, as
defined in the Business Enterprise for | ||||||
17 | Minorities, Females, and Persons with
Disabilities Act, in the | ||||||
18 | preceding fiscal year under the designation of small
business | ||||||
19 | set-aside.
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20 | The requirement for reporting to the General Assembly shall
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21 | be satisfied by filing copies
of the report as required by | ||||||
22 | Section 3.1 of the General Assembly
Organization Act.
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23 | (g) Rulemaking. Notwithstanding any other rulemaking | ||||||
24 | authority that may exist, neither the Governor nor any agency | ||||||
25 | or agency head under the jurisdiction of the Governor has any | ||||||
26 | authority to make or promulgate rules to implement or enforce |
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1 | the provisions of this amendatory Act of the 95th General | ||||||
2 | Assembly. If, however, the Governor believes that rules are | ||||||
3 | necessary to implement or enforce the provisions of this | ||||||
4 | amendatory Act of the 95th General Assembly, the Governor may | ||||||
5 | suggest rules to the General Assembly by filing them with the | ||||||
6 | Clerk of the House and the Secretary of the Senate and by | ||||||
7 | requesting that the General Assembly authorize such rulemaking | ||||||
8 | by law, enact those suggested rules into law, or take any other | ||||||
9 | appropriate action in the General Assembly's discretion. | ||||||
10 | Nothing contained in this amendatory Act of the 95th General | ||||||
11 | Assembly shall be interpreted to grant rulemaking authority | ||||||
12 | under any other Illinois statute where such authority is not | ||||||
13 | otherwise explicitly given. For the purposes of this amendatory | ||||||
14 | Act of the 95th General Assembly, "rules" is given the meaning | ||||||
15 | contained in Section 1-70 of the Illinois Administrative | ||||||
16 | Procedure Act, and "agency" and "agency head" are given the | ||||||
17 | meanings contained in Sections 1-20 and 1-25 of the Illinois | ||||||
18 | Administrative Procedure Act to the extent that such | ||||||
19 | definitions apply to agencies or agency heads under the | ||||||
20 | jurisdiction of the Governor. | ||||||
21 | (Source: P.A. 92-60, eff. 7-12-01; 93-769, eff. 1-1-05.)
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