TITLE 44: GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY MANAGEMENT
SUBTITLE A: PROCUREMENT AND CONTRACT PROVISIONS
CHAPTER I: CHIEF PROCUREMENT OFFICER FOR GENERAL SERVICES
PART 1 CHIEF PROCUREMENT OFFICER FOR GENERAL SERVICES STANDARD PROCUREMENT
SECTION 1.4535 QUALIFIED NOT-FOR-PROFIT AGENCIES FOR PERSONS WITH SEVERE DISABILITIES
Section 1.4535 Qualified Not-for-Profit Agencies for Persons with Severe Disabilities
Contracts with qualified not-for-profit agencies (sheltered workshops) under this Section should promote employment opportunities for persons with severe disabilities. In making a determination to purchase from a sheltered workshop, State agencies should review the number of jobs performed by persons with severe disabilities and the total amount of the contract. A reasonable amount of subcontracting is allowed under this Part to the extent it does not deter from promoting employment for persons with severe disabilities.
The CPO-GS shall distribute to each SPO and State agency a list of supplies and services available from sheltered workshops. Purchases may be made from sheltered workshops without prior notice or competition.
The CPO-GS shall identify to each SPO and State agency the supplies or services for which preference must be given to sheltered workshops. Prior to conducting a competitive procurement or otherwise contracting for supplies or services on the preference list, the State agency shall contact one or more of the sheltered workshops that provide the needed supply or service and attempt to negotiate a fair and reasonable contract at a price not substantially more than had it been competitively bid. If negotiations fail or if circumstances suggest using a sheltered workshop is not reasonable, the SPO may authorize use of an alternative procurement method.
d) Pricing Approval
Prior to contracting with a sheltered workshop, the State Use Committee (see Section 45-35(c) of the Code) must determine that the price is not substantially more than a competitively solicited price. The State Use Committee shall inform the State agency, in writing, of its determination.
e) Procurement Code Requirements
Sheltered workshops that contract with the State must comply with all applicable provisions of the Illinois Procurement Code.
f) Publication to Procurement Bulletin
Upon receipt of the State Use Committee written determination, the SPO shall publish notice of purchases in excess of the small purchase threshold to the Illinois Procurement Bulletin. An agency's decision to purchase from a sheltered workshop rather than issuing a competitive solicitation is not protestable.
g) Contract Execution
Once a State agency receives the written determination from the State Use Committee that the price of the proposed contract is not substantially more in price than a competitively solicited contract and the State agency has posted the notice of purchase from a sheltered workshop to the Procurement Bulletin, the SPO may authorize a State agency to enter into a contract with the sheltered workshop.
(Source: Amended at 38 Ill. Reg. 20884, effective October 31, 2014)