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Public Act 92-0060
SB269 Enrolled LRB9202711SMdv
AN ACT concerning procurement.
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
changing Section 45-45 as follows:
(30 ILCS 500/45-45)
Sec. 45-45. Small businesses.
(a) Set-asides. The chief procurement officer has
authority to designate as small business set-asides a fair
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.
(b) Small business. "Small business" means a business
that 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 number of employees and the
maximum dollar volume that a small 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:
(1) No wholesale business is a small business if
its annual sales for its most recently completed fiscal
year exceed $7,500,000.
(2) No retail business or business selling services
is a small business if its annual sales and receipts
exceed $1,500,000.
(3) No manufacturing business is a small business
if it employs more than 250 persons.
(4) No construction business is a small business if
its annual sales and receipts exceed $10,000,000
$3,000,000.
(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.
(d) Withdrawal of designation. A small business
set-aside designation may be withdrawn by the purchasing
agency when deemed in the best interests of the State. Upon
withdrawal, all bids or offers shall be rejected, and the
bidders or offerors shall be notified of the reason for
rejection. The contract shall then be awarded in accordance
with this Code without the designation of small business
set-aside.
(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:
(1) Compiling and maintaining a comprehensive
bidders 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.
(2) Assisting small businesses in complying with
the procedures for bidding on State contracts.
(3) Examining requests from State agencies for the
purchase of property or services to help determine which
invitations to bid are to be designated small business
set-asides.
(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.
(5) Assisting in investigations by purchasing
agencies to determine the responsibility of bidders on
small business set-asides.
(f) Small business annual report. The State purchasing
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 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.
The requirement for reporting to the General Assembly
shall be satisfied by filing copies of the report as required
by Section 3.1 of the General Assembly Organization Act.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly April 25, 2001.
Approved July 12, 2001.
Effective July 12, 2001.
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