102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3047

 

Introduced 1/5/2022, by Sen. Patrick J. Joyce

 

SYNOPSIS AS INTRODUCED:
 
30 ILCS 500/45-35

    Amends the Illinois Procurement Code. Removes requirement that a qualified not-for-profit agency for persons with significant disabilities be certified as a work center or be an accredited vocational program in order to be eligible to provide supplies and services under the Code without having to respond to advertising or a call for bids.


LRB102 22486 RJF 31626 b

 

 

A BILL FOR

 

SB3047LRB102 22486 RJF 31626 b

1    AN ACT concerning finance.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Procurement Code is amended by
5changing Section 45-35 as follows:
 
6    (30 ILCS 500/45-35)
7    Sec. 45-35. Not-for-profit agencies for persons with
8significant disabilities.
9    (a) Qualification. Supplies and services may be procured
10without advertising or calling for bids from any qualified
11not-for-profit agency for persons with significant
12disabilities that:
13        (1) complies with Illinois laws governing private
14    not-for-profit organizations;
15        (2) (blank); and is certified as a work center by the
16    Wage and Hour Division of the United States Department of
17    Labor or is an accredited vocational program that provides
18    transition services to youth between the ages of 14 1/2
19    and 22 in accordance with individualized education plans
20    under Section 14-8.03 of the School Code and that provides
21    residential services at a child care institution, as
22    defined under Section 2.06 of the Child Care Act of 1969,
23    or at a group home, as defined under Section 2.16 of the

 

 

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1    Child Care Act of 1969; and
2        (3) is accredited by a nationally-recognized
3    accrediting organization or certified as a developmental
4    training provider by the Department of Human Services.
5    (b) Participation. To participate, the not-for-profit
6agency must have indicated an interest in providing the
7supplies and services, must meet the specifications and needs
8of the using agency, and must set a fair and reasonable price.
9    (c) Committee. There is created within the Department of
10Central Management Services a committee to facilitate the
11purchase of products and services from not-for-profit agencies
12that provide employment opportunities to persons with physical
13disabilities, intellectual or developmental disabilities,
14mental illnesses, or any combination thereof. This committee
15is called the State Use Committee. The State Use Committee
16shall consist of the Director of the Department of Central
17Management Services or his or her designee, the Secretary of
18the Department of Human Services or his or her designee, the
19Director of Commerce and Economic Opportunity or his or her
20designee, one public member representing private business who
21is knowledgeable of the employment needs and concerns of
22persons with developmental disabilities, one public member
23representing private business who is knowledgeable of the
24needs and concerns of rehabilitation facilities, one public
25member who is knowledgeable of the employment needs and
26concerns of persons with developmental disabilities, one

 

 

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1public member who is knowledgeable of the needs and concerns
2of rehabilitation facilities, 2 members who have a disability,
32 public members from a statewide association that represents
4community-based rehabilitation facilities serving or
5supporting individuals with intellectual or developmental
6disabilities, and one public member from a disability-focused
7statewide advocacy group, all appointed by the Governor. The
8public members shall serve 2 year terms, commencing upon
9appointment and every 2 years thereafter. A public member may
10be reappointed, and vacancies shall be filled by appointment
11for the completion of the term. In the event there is a vacancy
12on the State Use Committee, the Governor must make an
13appointment to fill that vacancy within 30 calendar days after
14the notice of vacancy. The members shall serve without
15compensation but shall be reimbursed for expenses at a rate
16equal to that of State employees on a per diem basis by the
17Department of Central Management Services. All members shall
18be entitled to vote on issues before the State Use Committee.
19    The State Use Committee shall have the following powers
20and duties:
21        (1) To request from any State agency information as to
22    product specification and service requirements in order to
23    carry out its purpose.
24        (2) To meet quarterly or more often as necessary to
25    carry out its purposes.
26        (3) To request a quarterly report from each

 

 

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1    participating qualified not-for-profit agency for persons
2    with significant disabilities describing the volume of
3    sales for each product or service sold under this Section.
4        (4) To prepare a report for the Governor and General
5    Assembly no later than December 31 of each year. The
6    requirement for reporting to the General Assembly shall be
7    satisfied by following the procedures set forth in Section
8    3.1 of the General Assembly Organization Act.
9        (5) To prepare a publication that lists all supplies
10    and services currently available from any qualified
11    not-for-profit agency for persons with significant
12    disabilities. This list and any revisions shall be
13    distributed to all purchasing agencies.
14        (6) To encourage diversity in supplies and services
15    provided by qualified not-for-profit agencies for persons
16    with significant disabilities and discourage unnecessary
17    duplication or competition among not-for-profit agencies.
18        (7) To develop guidelines to be followed by qualifying
19    agencies for participation under the provisions of this
20    Section. Guidelines shall include a list of national
21    accrediting organizations which satisfy the requirements
22    of item (3) of subsection (a) of this Section. The
23    guidelines shall be developed within 6 months after the
24    effective date of this Code and made available on a
25    nondiscriminatory basis to all qualifying agencies. The
26    new guidelines required under this item (7) by Public Act

 

 

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1    100-203 shall be developed within 6 months after August
2    18, 2017 (the effective date of Public Act 100-203) and
3    made available on a non-discriminatory basis to all
4    qualifying not-for-profit agencies.
5        (8) To review all pricing submitted under the
6    provisions of this Section and may approve a proposed
7    agreement for supplies or services where the price
8    submitted is fair and reasonable. Review of pricing under
9    this paragraph may include, but is not limited to:
10            (A) Amounts private businesses would pay for
11        similar products or services.
12            (B) Amounts the federal government would pay
13        contractors for similar products or services.
14            (C) The amount paid by the State for similar
15        products or services.
16            (D) The actual cost of manufacturing the product
17        or performing a service at a community rehabilitation
18        program offering employment services on or off
19        premises to persons with disabilities or mental
20        illnesses, with adequate consideration given to legal
21        and moral imperatives to pay workers with disabilities
22        equitable wages.
23            (E) The usual, customary, and reasonable costs of
24        manufacturing, marketing, and distribution.
25        (9) To, not less than every 3 years, adopt a strategic
26    plan for increasing the number of products and services

 

 

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1    purchased from qualified not-for-profit agencies for
2    persons with disabilities or mental illnesses, including
3    the feasibility of developing mandatory set-aside
4    contracts.
5    (c-5) Conditions for Use. Each chief procurement officer
6shall, in consultation with the State Use Committee, determine
7which articles, materials, services, food stuffs, and supplies
8that are produced, manufactured, or provided by persons with
9significant disabilities in qualified not-for-profit agencies
10shall be given preference by purchasing agencies procuring
11those items.
12    (d) (Blank).
13    (e) Subcontracts. Subcontracts shall be permitted for
14agreements authorized under this Section. For the purposes of
15this subsection (e), "subcontract" means any acquisition from
16another source of supplies, not including raw materials, or
17services required by a qualified not-for-profit agency to
18provide the supplies or services that are the subject of the
19contract between the State and the qualified not-for-profit
20agency.
21    The State Use Committee shall develop guidelines to be
22followed by qualified not-for-profit agencies when seeking and
23establishing subcontracts with other persons or not-for-profit
24agencies in order to fulfill State contract requirements.
25These guidelines shall include the following:
26        (i) The State Use Committee must approve all

 

 

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1    subcontracts and substantive amendments to subcontracts
2    prior to execution or amendment of the subcontract.
3        (ii) A qualified not-for-profit agency shall not enter
4    into a subcontract, or any combination of subcontracts, to
5    fulfill an entire requirement, contract, or order without
6    written State Use Committee approval.
7        (iii) A qualified not-for-profit agency shall make
8    reasonable efforts to utilize subcontracts with other
9    not-for-profit agencies for persons with significant
10    disabilities.
11        (iv) For any subcontract not currently performed by a
12    qualified not-for-profit agency, the primary qualified
13    not-for-profit agency must provide to the State Use
14    Committee the following: (A) a written explanation as to
15    why the subcontract is not performed by a qualified
16    not-for-profit agency, and (B) a written plan to transfer
17    the subcontract to a qualified not-for-profit agency, as
18    reasonable.
19(Source: P.A. 102-343, eff. 8-13-21; 102-558, eff. 8-20-21.)