Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1 - CHIEF PROCUREMENT OFFICER FOR GENERAL SERVICES STANDARD PROCUREMENT › Subpart O - PREFERENCES › Section 1.4545 - Small Business

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Set-Aside
The CPO-GS may determine categories of construction, supplies
				  or service procurements that will be set aside for small businesses in
				  Illinois. A set-aside designation shall be for a stated period of time. An SPO
				  may determine to set aside for small business individual contracts not in a
				  set-aside category.
b)
				Small Business List
The CPO-GS may develop his or her own list, or may use a list
				  maintained by another State agency, of vendors that meet the criteria of small
				  business. Vendors desiring to submit bids or proposals or to otherwise contract
				  for items set aside for small businesses shall submit information as specified
				  verifying that the vendor qualifies as a small business under this Part. A
				  business that fits the definition of small on the day of bid, offer, or
				  proposal opening will be considered small at the time of award and may have the
				  resulting contract and any renewals, even if the business no longer qualifies
				  as a small business. When utilizing vendor lists for soliciting small business
				  vendors, all vendors shall be solicited under the commodity codes representing
				  the supplies or services being solicited.
c) Required Use
Any procurement proposed for set aside for small businesses
				  shall be so identified in the Bulletin notice and the solicitation documents.
				  Bids or proposals received from large businesses will be rejected as
				  nonresponsive.
d)
				Withdrawal of Set-Aside
If the SPO determines that acceptance of the best bid or
				  proposal will result in the payment of an unreasonable price, the SPO may
				  reject all bids or proposals and withdraw the designation of small business
				  set-aside for the procurement in question. When a small business set-aside is
				  withdrawn, notification shall be published in the Bulletin with an explanation.
				  After withdrawal of the small business set-aside, the procurement shall be
				  conducted in accordance with this Part but without the small business
				  designation.
e) Criteria
				for Small Business
1) Unless the CPO-GS
				provides a definition for a particular procurement that reflects industrial
				characteristics, a small business is a business that is independently owned and
				operated and is not dominant in its field of operation.
A) A wholesale business is a small business
				if its annual sales for its most recently completed fiscal year do not exceed
				$13,000,000.
B) A retail business
				or business selling services is a small business if its annual sales and
				receipts for its most recently completed fiscal year do not exceed
				$8,000,000.
C) A manufacturing
				business is a small business if it employs no more than 250 persons. A
				manufacturing business shall calculate how many people it employs by
				determining its average full-time equivalent employment, based on the number of
				persons employed on a full-time, part-time, temporary or other basis, for its
				most recently ended fiscal year. If a manufacturing business has been in
				existence for less than a full fiscal year, its average employment shall be
				calculated for the period through one month prior to the bid or proposal due
				date.
D) A construction business is
				a small business if its annual sales and receipts for its most recently
				completed fiscal year do not exceed $14,000,000.
E) If a business is any combination of
				retailer, wholesaler or construction business, then the annual sales for each
				component may not exceed the higher of $13,000,000 for a wholesaler, $8,000,000
				for a retailer, $14,000,000 for a construction business, or the amounts shown
				in Section 45-45 of the Code. For example, a business that is both a retailer
				and a wholesaler may not have total sales exceeding $21,000,000 and the retail
				component may not exceed $8,000,000 and the wholesale component may not exceed
				$13,000,000.