SB2791 99TH GENERAL ASSEMBLY

LRB099 20590 HLH 45147 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB2791

Introduced 2/17/2016, by Sen. Gary Forby

SYNOPSIS AS INTRODUCED:

30 ILCS 500/20-27 new

Amends the Illinois Procurement Code. Provides that a State purchasing officer or chief procurement officer may award a sole source contract to a qualified HUBZone small business concern, subject to certain restrictions. Provides that, if a contract is awarded pursuant to a competitive bidding process, the price offered by a qualified HUBZone small business concern shall be deemed to be lower than the price offered by another responsible bidder if the price offered by the qualified HUBZone small business concern is not more than 10% higher than the price offered by the other responsible bidder. Provides that the term "qualified HUBZone small business concern" means a business located in the State that qualifies as a HUBZone small business concern under the Historically Underutilized Business Zones (HUBZone) program administered by the United States Small Business Administration.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning finance.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Procurement Code is amended by adding Section 20-27 as follows:

(30 ILCS 500/20-27 new)

Sec. 20-27. HUBZone businesses.

(a) Notwithstanding any other provision of law, a State purchasing officer or chief procurement officer may award a sole source contract to a qualified HUBZone small business concern if:

(1) the qualified HUBZone small business concern is determined to be a responsible bidder, potential contractor, or offeror with respect to the performance of that contract;

(2) the State purchasing officer or chief procurement officer has a reasonable expectation that only one qualified HUBZone small business concern will submit an offer for the contract;

(3) the anticipated award price of the contract (including options) does not exceed (i) $5,000,000 in the case of a contract opportunity assigned a standard industrial classification code for manufacturing or (ii) $3,000,000 in the case of all other contracts; and

(4) in the estimation of the State purchasing officer or chief procurement officer, the contract will be awarded to the qualified HUBZone small business concern at a fair and reasonable price.

(b) A contract may be awarded under this Section on the basis of competition restricted to qualified HUBZone small business concerns if the State purchasing officer or chief procurement officer has a reasonable expectation that 2 or more qualified HUBZone small business concerns will submit offers and that the award can be made at a fair market price.

(c) If a contract is to be awarded pursuant to a competitive bidding process, other than the process described in subsection (b) of this Section, the price offered by a qualified HUBZone small business concern shall be deemed to be lower than the price offered by another responsible bidder, potential contractor, or offeror if the price offered by the qualified HUBZone small business concern is not more than 10% higher than the price offered by the other responsible bidder, potential contractor, or offeror.

(d) Each chief procurement officer shall establish rules related to the eligibility of qualified HUBZone small business concerns to receive sole source contracts and preferences under this Section and shall verify the accuracy of any information submitted by a qualified HUBZone small business concern with respect to a contract awarded under this Section.

(e) For the purposes of this Section:

"Qualified HUBZone small business concern" means a business located in the State that qualifies as a HUBZone small business concern under the Historically Underutilized Business Zones (HUBZone) program administered by the United States Small Business Administration.

"Responsible bidder, potential contractor, or offeror" has the meaning given to that term in Section 1-15.80 of this Code.