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SB1381 Engrossed |
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LRB095 09923 JAM 30135 b |
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| AN ACT concerning finance.
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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 |
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| adding Sections 25-80 and 25-85 as follows: |
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| (30 ILCS 500/25-80 new) |
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| Sec. 25-80. Government contracts. Each chief procurement |
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| officer may authorize, when in the best interest of the State, |
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| a State agency to procure supplies and services, including but |
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| not limited to technology supplies and services, without any |
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| method of source selection otherwise required by this Code, |
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| from a vendor with a current contract with a unit of local |
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| government in Illinois, an Illinois school district, or an |
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| Illinois community college under the Public Community College |
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| Act. The intended contract must have been let pursuant to |
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| competitive selection procedures reasonably comparable to |
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| procedures used by the State of Illinois. The purchase must be |
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| for substantially similar supplies or services and under the |
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| same or better terms and conditions. Details of the |
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| determination and intent to use another governmental entity's |
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| contract shall be published in the appropriate volume of the |
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| Illinois Procurement Bulletin for a period of 14 days prior to |
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| execution of the new contract to allow for a challenge period |
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LRB095 09923 JAM 30135 b |
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| to the determination of best interest. Contracts resulting from |
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| this process shall contain all statutory provisions required by |
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| Illinois law and rule. |
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| "Unit of local government" is defined as provided in |
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| Section 1 of Article VII of the Illinois Constitution. |
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| (30 ILCS 500/25-85 new) |
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| Sec. 25-85. Cooperative purchasing. Each chief procurement |
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| officer may authorize, when in the best interest of the State, |
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| without any method of source selection otherwise required by |
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| this Code, a State agency to enter into agreements with other |
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| State governmental entities, or consortia of other State |
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| governmental entities, for the purpose of jointly procuring |
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| supplies and services. The State of Illinois may act as the |
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| lead or as a participant in such agreements. All solicitations |
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| and awards resulting from any cooperative purchasing agreement |
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| shall be published in the appropriate volume of the Illinois |
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| Procurement Bulletin in compliance with current solicitation, |
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| protest, and award publication requirements. Contracts |
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| resulting from cooperative purchasing agreements shall contain |
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| all statutory provisions required by Illinois law and rule. The |
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| State procuring agency shall ensure Illinois distributors |
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| participate to the maximum extent practicable. |
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| Section 10. The Business Enterprise for Minorities, |
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| Females, and Persons with
Disabilities Act is amended by |
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LRB095 09923 JAM 30135 b |
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| changing Section 2 as follows:
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| (30 ILCS 575/2) (from Ch. 127, par. 132.602)
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| (Section scheduled to be repealed on September 6, 2008)
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| Sec. 2. Definitions.
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| (A) For the purpose of this Act, the following
terms shall |
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| have the following definitions:
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| (1) "Minority person" shall mean a person who is a citizen |
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| or lawful
permanent resident of the United States and who is:
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| (a) African American (a person having origins in any of |
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| the
black racial groups in Africa);
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| (b) Hispanic (a person of Spanish or Portuguese culture |
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| with origins in
Mexico, South or Central America, or the |
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| Caribbean Islands, regardless of
race);
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| (c) Asian American (a person having origins in any of |
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| the original
peoples of the Far East, Southeast Asia, the |
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| Indian Subcontinent or the
Pacific Islands); or
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| (d) Native American or Alaskan Native (a person having
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| origins in any of
the original peoples of North America).
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| (2) "Female" shall mean a person who is a citizen or lawful |
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| permanent
resident of the United States and who is of the |
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| female gender.
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| (2.05) "Person with a disability" means a person who is a |
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| citizen or
lawful resident of the United States and is a person |
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| qualifying as being
disabled under subdivision (2.1) of this |
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| subsection (A).
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| specific learning disabilities, or
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| end stage renal failure disease; and
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| (b) substantially limits one or more of the person's major |
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| life activities.
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| Another disability or combination of disabilities may also |
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| be considered
as a severe disability for the purposes of item |
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| (a) of this
subdivision (2.1) if it is determined by an |
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| evaluation of
rehabilitation potential to
cause a comparable |
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| degree of substantial functional limitation similar to
the |
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| specific list of disabilities listed in item (a) of this
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| subdivision (2.1).
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| (3) "Minority owned business" means a business concern |
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| which is at least
51% owned by one or more minority persons, or |
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| in the case of a
corporation, at least 51% of the stock in |
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| which is owned by one or
more minority persons; and the |
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| management and daily business operations of
which are |
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| controlled by one or more of the minority individuals who own |
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| it.
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| (4) "Female owned business" means a business concern which |
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| is at least
51% owned by one or more females, or, in the case of |
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| a corporation, at
least 51% of the stock in which is owned by |
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| one or more females; and the
management and daily business |
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| operations of which are controlled by one or
more of the |
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| females who own it.
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| (4.1) "Business owned by a person with a disability" means |
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| a business
concern
that is at least 51% owned by one or more |
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LRB095 09923 JAM 30135 b |
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| persons with a disability
and the management and daily business |
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| operations of which
are controlled by one or more of the |
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| persons with disabilities who own it. A
not-for-profit agency |
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| for persons with disabilities that is exempt from
taxation |
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| under Section 501 of the Internal Revenue Code of 1986 is also
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| considered a "business owned by a person with a disability".
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| (4.2) "Council" means the Business Enterprise Council for |
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| Minorities,
Females, and Persons with Disabilities created |
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| under Section 5 of this Act.
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| (5) "State contracts" shall mean all State contracts, |
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| funded exclusively
with State funds which are not subject to |
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| federal reimbursement, whether
competitively bid or negotiated |
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| as defined by the Secretary of the Council
and approved by the |
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| Council.
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| "State construction contracts" means all State contracts |
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| entered
into by a State agency or State university for the |
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| repair, remodeling,
renovation or
construction of a building or |
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| structure, or for the construction or
maintenance of a highway |
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| defined in Article 2 of the Illinois Highway
Code.
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| (6) "State agencies" shall mean all departments, officers, |
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| boards,
commissions, institutions and bodies politic and |
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| corporate of the State,
but does not include the Board of |
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| Trustees of the University of Illinois,
the Board of Trustees |
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| of Southern Illinois University,
the Board of Trustees
of |
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| Chicago State University, the Board of Trustees of Eastern |
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| Illinois
University, the Board of Trustees of Governors State |
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LRB095 09923 JAM 30135 b |
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| University, the Board of
Trustees of Illinois State University, |
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| the Board of Trustees of Northeastern
Illinois
University, the |
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| Board of Trustees of Northern Illinois University, the Board of
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| Trustees of Western Illinois University,
municipalities or |
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| other local governmental units, or other State constitutional
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| officers.
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| (7) "State universities" shall mean the Board of Trustees |
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| of the
University of Illinois, the Board of Trustees of |
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| Southern Illinois
University,
the Board of Trustees of Chicago |
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| State University, the Board of
Trustees of Eastern Illinois |
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| University, the Board of Trustees of Governors
State |
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| University, the Board of Trustees of Illinois State University, |
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| the Board
of Trustees of Northeastern Illinois University, the |
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| Board of Trustees of
Northern Illinois University, and the |
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| Board of Trustees of Western Illinois
University.
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| (8) "Certification" means a determination made by the |
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| Council
or by one delegated authority from the Council to make |
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| certifications, or by
a State agency with statutory authority |
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| to make such a certification, that a
business entity is a |
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| business owned by a
minority, female, or person with a |
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| disability for whatever
purpose.
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| (9) "Control" means the exclusive or ultimate and sole |
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| control of the
business including, but not limited to, capital |
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| investment and all other
financial matters, property, |
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| acquisitions, contract negotiations, legal
matters, |
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| officer-director-employee selection and comprehensive hiring,
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| operating responsibilities, cost-control matters, income and |
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| dividend
matters, financial transactions and rights of other |
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| shareholders or joint
partners. Control shall be real, |
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| substantial and continuing, not pro forma.
Control shall |
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| include the power to direct or cause the direction of the
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| management and policies of the business and to make the |
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| day-to-day as well
as major decisions in matters of policy, |
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| management and operations.
Control shall be exemplified by |
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| possessing the requisite knowledge and
expertise to run the |
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| particular business and control shall not include
simple |
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| majority or absentee ownership.
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| (10) "Business concern or business" means a business that |
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| has average annual gross sales over the 3 most recent calendar |
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| years of less than $31,400,000 as evidenced by the federal |
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| income tax return of the business. Each July 1 this cap shall |
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| be adjusted for inflation as determined by the Consumer Price |
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| Index for All Urban Consumers as determined by the United |
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| States Department of Labor and rounded to the nearest $100. A |
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| firm with gross sales in excess of this cap may apply to the |
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| Council for certification for a particular contract if the firm |
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| can demonstrate that the contract would have significant impact |
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| on businesses owned by minorities, females, or persons with |
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| disabilities as suppliers or subcontractors or in employment of |
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| minorities, females, or persons with disabilities.
"Business |
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| concern or business" means a business which
has annual gross |
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| sales for the most recent fiscal year
of less than $27,000,000,
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LRB095 09923 JAM 30135 b |
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| except that a firm with gross sales in excess
of that amount |
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| may apply to the Council for certification
for a particular
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| contract if the firm can demonstrate that the contract would |
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| have
significant impact on businesses owned by minorities,
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| females, or persons with disabilities as suppliers or
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| subcontractors or in employment of minorities, females, or |
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| persons with
disabilities.
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| (B) When a business concern is owned at least 51% by any |
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| combination of
minority persons, females, or persons with |
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| disabilities,
even though none of the 3 classes alone holds at |
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| least a 51% interest, the
ownership
requirement for purposes of |
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| this Act is considered to be met. The
certification category |
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| for the business is that of the class holding the
largest |
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| ownership
interest in the business. If 2 or more classes have |
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| equal ownership interests,
the certification category shall be |
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| determined by
the Department of Central Management Services.
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| (Source: P.A. 92-670, eff. 7-16-02 .)
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