HB3334 102ND GENERAL ASSEMBLY

LRB102 14985 RJF 20340 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3334

Introduced 2/19/2021, by Rep. Jeff Keicher

SYNOPSIS AS INTRODUCED:

30 ILCS 500/45-47 new

Amends the Illinois Procurement Code. Provides that each chief procurement officer has authority to designate as Main Street business set-asides a fair proportion of construction, supply, and service contracts for award to businesses in Illinois that have been affected by the coronavirus pandemic of 2020 and 2021. Provides limitations for designating Main Street businesses. Provides for the withdrawal of a Main Street business designation. Requires each chief procurement officer to designate one or more individuals to serve as its Main Street business specialist with specified duties. Provides reporting requirements. Repeals provisions on January 1, 2032. Defines "Main Street business".

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 45-47 as follows:

(30 ILCS 500/45-47 new)

Sec. 45-47. Main Street business procurement.

(a) Set-asides. Each chief procurement officer has authority to designate as Main Street business set-asides a fair proportion of construction, supply, and service contracts for award to businesses in Illinois that have been affected by the coronavirus pandemic of 2020 and 2021. Advertisements for bids or offers for those contracts shall specify designation as Main Street set-asides. In awarding the contracts, only bids or offers from qualified Main Street businesses shall be considered.

(b) Main Street business. "Main Street business" means a business that: (i) is independently owned and operated; (ii) is not dominant in its field of operation; (iii) does a significant proportion of its business on a face-to-face (rather than electronic, video, or audio) basis; and (iv) was disproportionately affected by the public emergency orders issued by the Governor in 2020 and 2021 relating to conditions of the coronavirus pandemic. The chief procurement officer shall establish a detailed definition by rule, and may also utilize other criteria, including the number of employees and the dollar volume of business of the applicant firm. When computing the size status of a potential contractor, annual sales and receipts of the potential contractor and all of its affiliates shall be included. The maximum number of employees and the maximum dollar volume that a Main Street business may have under the rules adopted 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 Main Street business if its annual sales for its most recently completed fiscal year exceed $13,000,000.

(2) No retail business or business selling services is a Main Street business if its annual sales and receipts exceed $8,000,000.

(3) No manufacturing business is a Main Street business if it employs more than 250 persons.

(4) No construction business is a Main Street business if its annual sales and receipts exceed $14,000,000.

(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 10% nor more than 25% of the annual total contracts for construction.

(d) Withdrawal of designation. A Main Street 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 Main Street business set-aside.

(e) Main Street business specialist. Each chief procurement officer shall designate one or more individuals to serve as its Main Street business specialist. The Main Street business specialists shall collectively work together to accomplish the following duties:

(1) Compiling and maintaining a comprehensive list of potential Main Street contractors.

(2) Assisting Main Street 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 as Main Street 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 Main Street business participation.

(5) Assisting in investigations by purchasing agencies to determine the responsibility of bidders or offerors on Main Street business set-asides.

(f) Main Street business annual report. Each Main Street business specialist designated under subsection (e) shall annually before November 1 report in writing to the General Assembly concerning the awarding of contracts to Main Street businesses. The report shall include the total value of awards made in the preceding fiscal year under the designation of Main Street business set-aside. The report shall also include the total value of awards made to businesses owned by minorities, women, and persons with disabilities, as defined in the Business Enterprise for Minorities, Women, and Persons with Disabilities Act, in the preceding fiscal year under the designation of Main Street 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.

(g) This Section is repealed on January 1, 2032.