Full Text of HB3334 94th General Assembly
HB3334ham001 94TH GENERAL ASSEMBLY
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Rep. Ruth Munson
Filed: 4/12/2005
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| AMENDMENT TO HOUSE BILL 3334
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| AMENDMENT NO. ______. Amend House Bill 3334 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Illinois Procurement Code is amended by | 5 |
| changing Sections 20-50 and 45-45 as follows:
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| (30 ILCS 500/20-50)
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| Sec. 20-50. Specifications. Specifications shall be
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| prepared in accordance with consistent
standards that are | 9 |
| promulgated by the chief procurement officer and reviewed by
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| the
Board and the Joint Committee on Administrative Rules. | 11 |
| Those standards shall
include
a prohibition against the use
of | 12 |
| brand-name only products, except for products intended for | 13 |
| retail sale or as
specified by rule, and shall include a
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| restriction on the use of
specifications drafted by a potential | 15 |
| bidder. All specifications
shall seek to promote overall
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| economy for the purposes intended and encourage competition in
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| satisfying the State's needs
and shall not be unduly | 18 |
| restrictive.
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| A solicitation or specification for a contract or a | 20 |
| contract, including a
contract of a college, university, or | 21 |
| institution under the jurisdiction of a
governing board listed | 22 |
| in Section 1-15.100, may not require, stipulate,
suggest, or | 23 |
| encourage a monetary or other financial contribution or | 24 |
| donation as
an explicit or implied term or condition for |
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| awarding or completing the
contract. The contract, | 2 |
| solicitation, or specification also may not include
a | 3 |
| requirement that an individual or individuals employed by
such
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| a college,
university, or institution receive a consulting
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| contract for professional services.
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| Each specification shall include a best estimate of the | 7 |
| payment cycle under the contract. This best estimate (i) shall | 8 |
| be expressed as the number of days between the submission of a | 9 |
| proper bill or invoice under the contract and the expected | 10 |
| payment date and (ii) shall also be recited in the contract | 11 |
| documents. The payment cycle shall not be for a period longer | 12 |
| than the period allowed for payment without interest penalties | 13 |
| under the State Prompt Payment Act. If with due diligence | 14 |
| payment can be made in a period shorter than the payment cycle, | 15 |
| the recitation of the payment cycle in the contract shall not | 16 |
| be used to delay payment.
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| (Source: P.A. 90-572, eff. date - See Sec. 99-5; 91-627, eff. | 18 |
| 8-19-99.)
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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 | 22 |
| authority to designate as
small business set-asides a fair
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| proportion of construction, supply, and service contracts for | 24 |
| award
to small businesses in Illinois.
Advertisements for bids | 25 |
| or offers for those contracts shall
specify designation as | 26 |
| small business
set-asides. In awarding the contracts, only bids | 27 |
| or offers from
qualified small businesses shall
be considered.
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| If an invitation for bids, a request for proposals, or any | 29 |
| other solicitation that has been designated as a small business | 30 |
| set-aside is cancelled, then a new invitation for bids, request | 31 |
| for proposals, or other solicitation for the same or | 32 |
| substantially the same goods or services must also be | 33 |
| designated as a small business set-aside; except that if the |
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| invitation, request, or other solicitation is cancelled | 2 |
| because there are no small business bids, proposals, or other | 3 |
| responses, then the new invitation, request, or other | 4 |
| solicitation for the same or substantially similar goods or | 5 |
| services need not by designated as a small business set-aside. | 6 |
| Due diligence must be used to promote the availability of a | 7 |
| small business set-aside by searching for small businesses and | 8 |
| targeting small businesses in the solicitation process.
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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 | 11 |
| its field of operation. The
chief procurement officer shall | 12 |
| establish a detailed
definition by rule, using in addition to | 13 |
| the foregoing criteria
other criteria, including the number
of | 14 |
| employees and the dollar volume of business. When computing
the | 15 |
| size status of a bidder,
annual sales and receipts of the | 16 |
| 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 | 19 |
| procurement officer may vary from industry
to
industry to the | 20 |
| extent necessary
to reflect differing characteristics of those | 21 |
| 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 | 24 |
| exceed $10,000,000.
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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 | 27 |
| $6,000,000.
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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 | 33 |
| State agencies
of the executive branch, a
fair proportion of | 34 |
| construction
contracts shall be no less than 25% nor more than |
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| 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 | 4 |
| 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 | 7 |
| 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 | 10 |
| officer shall
designate a
State purchasing officer
who will be | 11 |
| responsible for engaging an experienced contract
negotiator to | 12 |
| serve as its small
business specialist, whose duties shall | 13 |
| 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 | 16 |
| cooperate with the
Federal Small Business
Administration | 17 |
| in locating potential sources for various products
and | 18 |
| 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 | 23 |
| invitations to bid are to be
designated small business | 24 |
| set-asides.
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| (4) Making recommendations to the chief procurement | 26 |
| officer for the
simplification of
specifications and terms | 27 |
| in order to increase the opportunities
for small business | 28 |
| participation.
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| (5) Assisting in investigations by purchasing agencies
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| to determine the
responsibility of bidders on small | 31 |
| 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 | 34 |
| December 1 report in writing
to the General Assembly
concerning |
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| the awarding of contracts to small businesses. The
report shall | 2 |
| include the total
value of awards made in the preceding fiscal | 3 |
| year under the
designation of small business set-aside.
The | 4 |
| report shall also include the total value of awards made to
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| businesses owned by minorities, females, and persons with | 6 |
| disabilities, as
defined in the Business Enterprise for | 7 |
| Minorities, Females, and Persons with
Disabilities Act, in the | 8 |
| preceding fiscal year under the designation of small
business | 9 |
| 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 | 12 |
| Section 3.1 of the General Assembly
Organization Act.
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| (Source: P.A. 92-60, eff. 7-12-01; 93-769, eff. 1-1-05.)
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| Section 10. The State Prompt Payment Act is amended by | 15 |
| changing Section 3-3 as follows:
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| (30 ILCS 540/3-3) (from Ch. 127, par. 132.403-3)
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| Sec. 3-3. Rules.
The State Comptroller and the Department | 18 |
| of Central
Management Services shall jointly promulgate rules | 19 |
| and policies to govern
the uniform application of this Act. | 20 |
| These rules and policies shall
include procedures and time | 21 |
| frames for approving a bill or invoice from a
vendor for goods | 22 |
| or services furnished to the State. These rules and
policies | 23 |
| shall provide for procedures and time frames
applicable to
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| payment plans as may be agreed upon between State agencies and | 25 |
| vendors.
These rules and
policies shall be binding on all | 26 |
| officials and agencies under this Act's
jurisdiction. These | 27 |
| rules and policies may be made effective no earlier
than July | 28 |
| 1, 1993.
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| In addition, the State Comptroller and the Department of | 30 |
| Central Management Services shall jointly promulgate rules to | 31 |
| develop and implement a single website that details information | 32 |
| for vendors regarding the status of each proper bill and |
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| invoice submitted pursuant to a contract awarded under the | 2 |
| Illinois Procurement Code. The website must allow the vendor to | 3 |
| determine the status of the bill or invoice from the time it is | 4 |
| submitted to the State agency through the time it is paid by | 5 |
| the Comptroller, including a best estimate of the number of | 6 |
| days before payment will be made by the Comptroller.
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| (Source: P.A. 92-384, eff. 7-1-02.)".
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