Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 8 - CHIEF PROCUREMENT OFFICER FOR THE CAPITAL DEVELOPMENT BOARD › Subpart O - PREFERENCES › Section 8.4545 - Small Business

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Set-Aside. The CPO may set-aside a certain portion of construction contracts
				for small businesses.
b) Small
				Business List. The CPO may develop a list, or may use a list maintained by
				another State agency or another CPO, of vendors that meet the criteria of small
				business. As part of the prequalification process, vendors desiring to submit
				bids or proposals or otherwise to 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 award or proposal opening will be considered
				small for the duration of the contract. The agency shall, through its
				prequalification program, identify contractors who meet the criteria for small
				businesses. When utilizing vendor lists for soliciting small business vendors,
				all vendors shall be solicited under the commodity code representing the goods
				or services being solicited.
c) Any
				procurement 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.
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. CDB may make a recommendation that the SPO consider rejection of a
				bid in such cases. When a small business set-aside is withdrawn, notification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 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 $10,000,000.
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 $6,000,000.
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 $10,000,000.
E) If a business is any combination of
				retailer, wholesaler or construction business, the annual sales for each
				component may not exceed the higher of $10,000,000 for a wholesaler, $6,000,000
				for a retailer, $10,000,000 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
				wholesaler may not have total sales exceeding $16,000,000 and the retail
				component may not exceed $6,000,000 and the wholesale component may not exceed
				$10,000,000. If the business is also a manufacturer, in addition to meeting the
				annual sales requirement, the number of manufacturing employees may not exceed
				250.