Current through Register Vol. 48, No. 38, September 20, 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withdrawn, notification shall be published in the Bulletin with an explanation.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.
2) A small
business in Illinois is defined as an entity whose business is headquartered in
Illinois, that meets the criteria in subsection (e)(1), and is a:
A) sole proprietor whose primary residence is
in Illinois;
B) business
incorporated or organized as a domestic corporation under the Business
Corporation Act of 1983 [805 ILCS
5/1.80] ;
C) business organized as a domestic
partnership under the Uniform Partnership Act of 1997 [805 ILCS 206
];
D) business organized as a
domestic limited partnership under the Uniform Limited Partnership Act of 2001
[805 ILCS 215 ];
E) business
organized under the Limited Liability Company Act [805 ILCS 180 ]; or
F) business organized under the Professional
Limited Liability Company Act [805 ILCS 185 ].
3) A small business that is not dominant in
its field of operations. This means the business does not exercise a
controlling or major influence in a kind of business activity in which a number
of business concerns are primarily engaged. In determining dominance,
consideration shall be given to all appropriate factors, including volume of
business, number of employees, financial resources, competitive status or
position, ownership or control of materials, processes, patents, license
agreements, facilities, sales territory, and nature of business
activity.
4) Businesses
artificially divided to qualify as a small business will be disallowed. When
computing the size status of a vendor and whether the vendor qualifies as a
small business, the number of employees and annual sales and receipts, as
applicable, of the vendor and all affiliates, concerns and related entities
shall be included. Concerns and related entities are affiliates of each other
when one directly or indirectly controls or has the power to control the other,
or when a third party or parties controls or has the power to control both. It
does not matter whether control is exercised, so long as the power to control
exists. In determining whether concerns and related entities are independently
owned and operated and whether affiliation exists, consideration shall be given
to all appropriate factors, including use of common facilities, common
ownership and management, identity of interest (substantially identical
business or economic interests such as family members, individuals or firms
with common investments, or firms that are economically dependent through
contractual or other relationships) and contractual arrangements. In
determining whether affiliation exists, the CPO-GS will consider the totality
of the circumstances, and may find affiliation even though no single factor is
sufficient to constitute affiliation. A franchise relationship shall not affect
small business status if the franchise has the right to profit commensurate
with ownership and bears the risk of loss or failure.
f) Small Business Specialist
The CPO-GS shall designate a small business specialist who
shall have the duties set forth in Section 45-45(e) of the Code and who shall
also act as coordinator of small business. The designated small business
specialist shall compile statistics provided by the State agency needed to make
the small business annual report to the General Assembly required under Section
45-45(f) of the Code.
g)
Subcontracting
1) A small business awarded a
contract procured as a small business set-aside may subcontract a portion of
that contract to another small business meeting the criteria in subsection
(e).
2) A small business awarded a
contract procured as a small business set-aside may subcontract no more than
49% of the value of the contract to a business that does not meet the criteria
in subsection (e).
