TITLE 89: SOCIAL SERVICES
CHAPTER XI: DEPARTMENT OF CENTRAL MANAGEMENT SERVICES
PART 1300
DAY CARE
SECTION 1300.110 SUMMARY
Section 1300.110 Summary
The Rules adopted in this Part
shall govern the procurement of Child Care Services by state agencies and the
determination of whether on-site child care services shall be provided for
State Employees.
(Source: Amended at 16 Ill. Reg. 4819, effective March 16, 1992)
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CHAPTER XI: DEPARTMENT OF CENTRAL MANAGEMENT SERVICES
PART 1300
DAY CARE
SECTION 1300.120 DEFINITIONS
Section 1300.120 Definitions
a) Whenever used in this Part the following terms shall have the
meanings set forth below, and when the defined meaning is intended the term is
capitalized.
"Child" means a person between the ages of six
weeks and 18 who is a dependent of the Employee and resides with the Employee
in a parent-child relationship.
"Child Care Services" means receiving or arranging
for care or placement of one or more children of an Employee with an unrelated
operator of a facility providing the service.
"Committee" means a reviewing body composed of one
employee of the Department of Central Management Services, one employee of the
Department of Children and Family Services and one employee of the using agency
chosen by the respective directors of those Departments.
"DCFS" means the Department of Children and Family
Services.
"Department" means the Department of Central
Management Services.
"Director" means the Director of the Department of
Central Management Services.
"Employee" means an Employee of a State Agency,
including those persons working for a State Agency under contract, excluding
independent contractors.
"On-Site" means at an area located within the
structural confines of the physical facility where a State Agency has offices,
conducts its operations, or otherwise maintains employees on an ongoing basis.
"State Agency" means all departments, officers,
commissions, boards, institutions and bodies politic and corporate of the
State, including the Officers of Clerk of the Supreme Court and Clerks of the
Appellate Courts, the several courts of the State and the legislature, its
committees or commissions.
b) Gender and number. Except when otherwise indicated by
context, any masculine terminology shall also include the feminine, the
definition of any term in singular shall also include the plural, and vice
versa.
(Source: Amended at 16 Ill. Reg. 4819, effective March 16, 1992)
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CHAPTER XI: DEPARTMENT OF CENTRAL MANAGEMENT SERVICES
PART 1300
DAY CARE
SECTION 1300.130 APPLICATION
Section 1300.130 Application
The rules adopted in this Part
shall apply to any State Agency which seeks to provide or provides Child Care
Services to its Employees. They shall also apply to the determination of
whether on-site child care services shall be provided to State Employees when a
State Agency enters into a contract to construct, acquire or lease all or a
substantial portion of a building in which more than 50 State Employees shall
be employed.
(Source: Amended at 16 Ill. Reg. 4819, effective March 16, 1992)
SUBPART B: DETERMINATION OF NEED
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CHAPTER XI: DEPARTMENT OF CENTRAL MANAGEMENT SERVICES
PART 1300
DAY CARE
SECTION 1300.200 REQUEST FOR CHILD CARE SERVICES
Section 1300.200 Request for
Child Care Services
a) Any State Agency wishing to provide Child Care Services to its
Employees shall make such a request in writing to the Director detailing the
type and location of Child Care Service to be implemented, for example,
preschool, infant.
b) After receiving such a request the Director shall appoint a
Committee to review the request and make a recommendation for approval or
denial of the request.
c) In making its recommendation to the Director of whether or not
to approve a State Agency's request for Child Care Services, the Committee
shall determine whether or not the Requesting Agency has demonstrated the need
and feasibility of providing such services, in accordance with the criteria set
forth in Section 1300.210.
d) Information on each of the criteria listed in Section 1300.210
will be collected by the Committee with the assistance of the requesting
Agency.
(Source: Amended at 16 Ill. Reg. 4819, effective March 16, 1992)
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CHAPTER XI: DEPARTMENT OF CENTRAL MANAGEMENT SERVICES
PART 1300
DAY CARE
SECTION 1300.205 ON-SITE CHILD CARE SERVICES
Section 1300.205 On-Site
Child Care Services
a) When a State Agency enters into a contract to construct,
acquire or lease all or a substantial portion of a building, in which more than
50 State Employees shall be employed, other than a renewal of an existing
lease, a determination shall be made in accordance with the criteria set forth
in Section 1300.210 as to whether there is a need for on-site child care
services for State Employees and whether it is feasible to provide such
services.
b) When a State Agency, subject to the provisions of Section 67.02
of The Civil Administrative Code of Illinois (Ill. Rev. Stat. 1989, ch. 127,
par. 63b13.2(a)), enters into a contract to lease all or a substantial portion
of a building, in which 50 or more State Employees shall be employed, the
request for determination of need and feasibility for on-site child care
services shall be submitted to, and the determination will be made by, the
Department.
c) When a State Agency, with the authority to so contract, enters
into a contract to construct, acquire or lease all or a substantial portion of
a building, in which more than 50 State Employees shall be employed, other than
an existing lease, the determination of need and feasibility for on-site child
care services shall be made by that State Agency to occupy the substantial
portion of the builidng subject to, where applicable, the approval of the
Capital Development Board.
(Source: Added at 16 Ill. Reg. 4819, effective March 16, 1992)
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CHAPTER XI: DEPARTMENT OF CENTRAL MANAGEMENT SERVICES
PART 1300
DAY CARE
SECTION 1300.210 DETERMINATION OF NEED AND FEASIBILITY
Section 1300.210
Determination of Need and Feasibility
Information on the following
subjects shall be used to demonstrate need and feasibility.
a) A survey of Employees of the Requesting Agency which
establishes the number of Employees who would utilize the proposed services and
the needs of those Employees.
b) A survey of existing day care services in the community in
which the proposed services will be located consisting of
1) price;
2) conformance to DCFS regulations;
3) availability of openings;
4) geographic location;
5) quality of services including number and educational
background of staff, physical plant.
c) A report outlining the details of the location, nature,
feasibility and implementation date of the proposed services.
d) An analysis of the cost of the proposed services, including
cost of obtaining space for day care services, the level of financial aid, if
any available, and the financial needs of participating employees.
e) An evaluation to determine if the services can be provided
with due regard to the safety of children of State Employees in relation to the
nature, scope and type of the State business conducted at such proposed
location.
f) Availability of appropriated funds to construct and operate a
proposed on-site facility.
g) Conformance with local zoning requirements, building, fire and
related safety codes.
h) Any other relevant information the requesting agency wishes to
submit.
(Source: Amended at 16 Ill. Reg. 4819, effective March 16, 1992)
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CHAPTER XI: DEPARTMENT OF CENTRAL MANAGEMENT SERVICES
PART 1300
DAY CARE
SECTION 1300.220 RECOMMENDATION TO DIRECTOR
Section 1300.220
Recommendation to Director
a) Within 30 days of receiving information from the requesting
agency establishing evidence of need the Committee shall make a recommendation
to the Director that the Agency's request shall be approved or denied.
b) The Committee may request additional information from the
Agency if it feels such information is necessary to make a recommendation to
the Director. The Requesting Agency shall have 90 days to provide any
additional information requested.
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CHAPTER XI: DEPARTMENT OF CENTRAL MANAGEMENT SERVICES
PART 1300
DAY CARE
SECTION 1300.230 DIRECTOR'S DETERMINATION
Section 1300.230 Director's
Determination
a) The Director of the Department shall review the recommendation
of the Committee and then shall either approve or deny the requesting agency's
application within fifteen days.
b) The Director's determination shall be based on information
developed from the surveys described in Section 1300.210(b).
c) The requesting agency shall be informed of the Director's
decision in writing.
d) The Director's decision shall be final.
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CHAPTER XI: DEPARTMENT OF CENTRAL MANAGEMENT SERVICES
PART 1300
DAY CARE
SECTION 1300.240 ASSISTANCE OF THE DEPARTMENT
Section 1300.240 Assistance
of the Department
The Department shall assist the
Requesting Agency in making surveys necessary to support a determination of
need.
SUBPART C: REQUEST FOR PROPOSAL AND AWARD
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CHAPTER XI: DEPARTMENT OF CENTRAL MANAGEMENT SERVICES
PART 1300
DAY CARE
SECTION 1300.300 REQUEST FOR PROPOSAL
Section 1300.300 Request for
Proposal
Upon the Director's approval of
a State Agency's request to provide Child Care Services the Department shall
assist the Requesting Agency in preparing a Request for proposal to procure the
desired Child Care Services.
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CHAPTER XI: DEPARTMENT OF CENTRAL MANAGEMENT SERVICES
PART 1300
DAY CARE
SECTION 1300.310 MINIMAL REQUIREMENT FOR REQUEST FOR PROPOSAL
Section 1300.310 Minimal
Requirement for Request for Proposal
Request for Proposals (RFPs)
prepared by State agencies for procuring Child Care Services must contain the
following provisions:
a)
1) RFPs must specify that Child Care Services will be procured as
professional services in conformance with the Illinois Purchasing Act (Ill. Rev.
Stat. 1985, ch. 127, par. 132.1 et seq.) and the Department's Standard
Procurement Rules (44 Ill. Adm. Code 1). Award of the contract shall be make
to the proposer whose proposal is evaluated as offering the most suitable
program.
2) In the event that no suitable proposal is received the
Requesting Agency shall reserve the right to negotiate directly with potential
vendors.
b) The ages of children for which Child Care Services are being
sought. All RFPs shall specify the services will be open to all Children of
Employees within the age group for which services are to be provided.
c) If the number of Employees seeking to use Child Care Services
exceeds the number of spaces available, Employees will be selected to receive
the services on the basis of an impartial lottery.
d) Any vendor providing services shall be required to conform
with all applicable regulations entitled "Child Care Services and
Licensing for Child Care Services" (89 Ill. Adm. Code 383 and 405) of
DCFS. Failure to comply with such regulations shall give the State Agency the
option to immediately terminate the contract.
e) Insurance shall be provided by the Vendor in commercially
reasonable amounts as recommended by the Department's Division of Risk
Management considering the market availability of insurance and the potential
loss exposure of the vendor.
f) Any vendor must provide information on all employees necessary
for the Department of State Police to perform a background check on the
employee.
g) Vendors will be required to describe the components of their
program in their proposals. Such description shall include, but not be limited
to:
1) Business organization (i.e. corporation, partnership, etc.;
names of owners/officers; previous experience of vendor in the field of child
care);
2) Community background (i.e. how long has vendor been operating
any service in area, area references);
3) Administrative structure of vendor;
4) Staff, including number of employees available for project,
their experience and education;
5) Program plan;
6) Fee schedule for services provided.
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CHAPTER XI: DEPARTMENT OF CENTRAL MANAGEMENT SERVICES
PART 1300
DAY CARE
SECTION 1300.320 EVALUATION BY PROPOSAL
Section 1300.320 Evaluation
by Proposal
The following criteria shall be
utilized in evaluating proposal submitted by Vendors:
a) Vendor's overall proposal;
1) completeness of proposal;
2) clarity of proposal.
b) Vendor's administration and staff;
1) sufficient administrative set up to manage program;
2) availability of qualified and sufficient program and support
staff;
3) adequate supervision and training plan for staff. DCFS
regulations Licensing Standards for Day Care Homes (89 Ill. Adm. Code 406.9,
406.10, 406.11, 406.13) and Licensing Standards for Day Care Centers (89 Ill.
Adm. Code 407.10 - 407.17, 407.23) shall provide minimal acceptable level of
performance of the items listed above.
c) Reasonableness of cost
1) can services be provided for fees quoted, that is are there
allowances for capital, personnel and overhead costs proportionate to the
services to be rendered;
2) competitiveness of daily rates compared to equivalent area
private sector child care costs;
3) salaries and wages of vendor's employees commensurate with
services provided and level of education.
d) Organizational capability to provide services
1) current financial status, as determined by latest audited
financial statement;
2) current and/or previous experience with day care or related
fields as established by references provided by Vendor;
3) Vendor's past record in dealing with other social service
agencies (including DCFS) in the proposed geographic area.
e) Other information contained in proposals indicating Vendor's
competency to provide requested services such as affiliation with educational
or not-for-profit institutions, nationally recognized awards in the field of
day care for extraordinary professional or scholastic qualifications.
In evaluating proposals each
itemized criteria listed above shall be treated as of equal value.
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CHAPTER XI: DEPARTMENT OF CENTRAL MANAGEMENT SERVICES
PART 1300
DAY CARE
SECTION 1300.330 EVALUATION BY COMMITTEE
Section 1300.330 Evaluation
by Committee
a) The Committee shall evaluate all proposals submitted by
vendors in accordance with the criteria contained in Section 1300.320.
b) On the basis of its evaluation the Committee shall recommend
the selection of a vendor to the Director of the State Agency. This
recommendation shall be final.
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CHAPTER XI: DEPARTMENT OF CENTRAL MANAGEMENT SERVICES
PART 1300
DAY CARE
SECTION 1300.340 SELECTION BY DIRECTOR
Section 1300.340 Selection
by Director
After considering the
recommendations of the Committee, the Director of the State Agency shall select
a vendor to provide Child Care Services. Such selection shall be based on the
criteria contained in Section 1300.320 and shall also include consideration of
the recommendation of the Committee.
(Source: Amended at 13 Ill. Reg. 4644, effective March 28, 1989)
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