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Public Act 100-0203


 

Public Act 0203 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0203
 
HB3899 EnrolledLRB100 11493 MLM 21941 b

    AN ACT concerning finance.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Procurement Code is amended by
changing Section 45-35 as follows:
 
    (30 ILCS 500/45-35)
    Sec. 45-35. Not-for-profit agencies Facilities for persons
with significant severe disabilities.
    (a) Qualification. Supplies and services may be procured
without advertising or calling for bids from any qualified
not-for-profit agency for persons with significant severe
disabilities that:
        (1) complies with Illinois laws governing private
    not-for-profit organizations;
        (2) is certified as a work center sheltered workshop by
    the Wage and Hour Division of the United States Department
    of Labor or is an accredited vocational program that
    provides transition services to youth between the ages of
    14 1/2 and 22 in accordance with individualized education
    plans under Section 14-8.03 of the School Code and that
    provides residential services at a child care institution,
    as defined under Section 2.06 of the Child Care Act of
    1969, or at a group home, as defined under Section 2.16 of
    the Child Care Act of 1969; and
        (3) is accredited by a nationally-recognized
    accrediting organization or certified as a developmental
    training provider by the meets the applicable Illinois
    Department of Human Services just standards.
    (b) Participation. To participate, the not-for-profit
agency must have indicated an interest in providing the
supplies and services, must meet the specifications and needs
of the using agency, and must set a fair and reasonable market
price.
    (c) Committee. There is created within the Department of
Central Management Services a committee to facilitate the
purchase of products and services of persons with a significant
so severely disabled by a physical, developmental, or mental
disability or a combination of any of those disabilities who
that they cannot engage in normal competitive employment due to
the significant disability or combination of those
disabilities. This committee is called the State Use Committee.
The State Use Committee committee shall consist of the Director
of the Department of Central Management Services or his or her
designee, the Director of the Department of Human Services or
his or her designee, one public member representing private
business who is knowledgeable of the employment needs and
concerns of persons with developmental disabilities, one
public member representing private business who is
knowledgeable of the needs and concerns of rehabilitation
facilities, one public member who is knowledgeable of the
employment needs and concerns of persons with developmental
disabilities, one public member who is knowledgeable of the
needs and concerns of rehabilitation facilities, and 2 public
members from a statewide association that represents
community-based rehabilitation facilities, all appointed by
the Governor. The public members shall serve 2 year terms,
commencing upon appointment and every 2 years thereafter. A
public member may be reappointed, and vacancies shall be filled
by appointment for the completion of the term. In the event
there is a vacancy on the State Use Committee, the Governor
must make an appointment to fill that vacancy within 30
calendar days after the notice of vacancy. The members shall
serve without compensation but shall be reimbursed for expenses
at a rate equal to that of State employees on a per diem basis
by the Department of Central Management Services. All members
shall be entitled to vote on issues before the State Use
Committee committee.
    The State Use Committee committee shall have the following
powers and duties:
        (1) To request from any State agency information as to
    product specification and service requirements in order to
    carry out its purpose.
        (2) To meet quarterly or more often as necessary to
    carry out its purposes.
        (3) To request a quarterly report from each
    participating qualified not-for-profit agency for persons
    with significant severe disabilities describing the volume
    of sales for each product or service sold under this
    Section.
        (4) To prepare a report for the Governor and General
    Assembly no later than December 31 of each year. The
    requirement for reporting to the General Assembly shall be
    satisfied by following the procedures set forth in Section
    3.1 of the General Assembly Organization Act.
        (5) To prepare a publication that lists all supplies
    and services currently available from any qualified
    not-for-profit agency for persons with significant severe
    disabilities. This list and any revisions shall be
    distributed to all purchasing agencies.
        (6) To encourage diversity in supplies and services
    provided by qualified not-for-profit agencies for persons
    with significant severe disabilities and discourage
    unnecessary duplication or competition among
    not-for-profit agencies facilities.
        (7) To develop guidelines to be followed by qualifying
    agencies for participation under the provisions of this
    Section. Guidelines shall include a list of national
    accrediting organizations which satisfy the requirements
    of item (3) of subsection (a) of this Section. The
    guidelines shall be developed within 6 months after the
    effective date of this Code and made available on a
    nondiscriminatory basis to all qualifying agencies. The
    new guidelines required under this item (7) by this
    amendatory Act of the 100th General Assembly shall be
    developed within 6 months after the effective date of this
    amendatory Act of the 100th General Assembly and made
    available on a non-discriminatory basis to all qualifying
    not-for-profit agencies.
        (8) To review all pricing bids submitted under the
    provisions of this Section and may approve a proposed
    agreement for supplies or services where the price
    submitted is fair and reasonable reject any bid for any
    purchase that is determined to be substantially more than
    the purchase would have cost had it been competitively bid.
        (9) To, not less than every 3 years, adopt a strategic
    plan develop a 5-year plan for increasing the number of
    products and services purchased from qualified
    not-for-profit agencies for persons with significant
    severe disabilities, including the feasibility of
    developing mandatory set-aside contracts. This 5-year plan
    must be developed no later than 180 calendar days after the
    effective date of this amendatory Act of the 96th General
    Assembly.
    (c-5) Conditions for Use. Each chief procurement officer
shall, in consultation with the State Use Committee, determine
which articles, materials, services, food stuffs, and supplies
that are produced, manufactured, or provided by persons with
significant severe disabilities in qualified not-for-profit
agencies shall be given preference by purchasing agencies
procuring those items.
    (d) (Blank). Former committee. The committee created under
subsection (c) shall replace the committee created under
Section 7-2 of the Illinois Purchasing Act, which shall
continue to operate until the appointments under subsection (c)
are made.
    (e) Subcontracts. Subcontracts shall be permitted for
agreements authorized under this Section. For the purposes of
this subsection (e), "subcontract" means any acquisition from
another source of supplies, not including raw materials, or
services required by a qualified not-for-profit agency to
provide the supplies or services that are the subject of the
contract between the State and the qualified not-for-profit
agency.
    The State Use Committee shall develop guidelines to be
followed by qualified not-for-profit agencies when seeking and
establishing subcontracts with other persons or not-for-profit
agencies in order to fulfill State contract requirements. These
guidelines shall include the following:
        (i) The State Use Committee must approve all
    subcontracts and substantive amendments to subcontracts
    prior to execution or amendment of the subcontract.
        (ii) A qualified not-for-profit agency shall not enter
    into a subcontract, or any combination of subcontracts, to
    fulfill an entire requirement, contract, or order without
    written State Use Committee approval.
        (iii) A qualified not-for-profit agency shall make
    reasonable efforts to utilize subcontracts with other
    not-for-profit agencies for persons with significant
    disabilities.
        (iv) For any subcontract not currently performed by a
    qualified not-for-profit agency, the primary qualified
    not-for-profit agency must provide to the State Use
    Committee the following: (A) a written explanation as to
    why the subcontract is not performed by a qualified
    not-for-profit agency, and (B) a written plan to transfer
    the subcontract to a qualified not-for-profit agency, as
    reasonable.
(Source: P.A. 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/18/2017