30 ILCS 500/45-45
2021 Illinois Compiled Statutes|Chapter 30 - FINANCE|30 ILCS 500/ - Illinois Procurement Code.|Article 45 - Preferences

Sec. 45-45. Small businesses.(a) Set-asides. Each 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 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 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 $13,000,000.(2) No retail business or business selling services     is a small business if its annual sales and receipts exceed $8,000,000.(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 $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 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  A small business set-aside  designation may be withdrawn  by the purchasing agency when deemed in the best interests of the  State.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. Each chief procurement officer shall  designate one or more individuals to serve as its small  business specialist. The small business specialists shall collectively work together to accomplish the following duties:(1) Compiling and maintaining a comprehensive list of     potential small contractors.  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 or offerors on small business set-asides.(f) Small business annual report. Each small business specialist designated under  subsection (e) shall annually before November 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, 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 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. 100-43, eff. 8-9-17; 100-391, eff. 8-25-17; 100-863, eff. 8-14-18.)