Sen. Patrick J. Joyce

Filed: 2/7/2022

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 3047

2    AMENDMENT NO. ______. Amend Senate Bill 3047 by replacing
3everything after the enacting clause with the following:
 
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); is certified as a work center by the Wage
16    and Hour Division of the United States Department of Labor

 

 

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1    or is an accredited vocational program that provides
2    transition services to youth between the ages of 14 1/2
3    and 22 in accordance with individualized education plans
4    under Section 14-8.03 of the School Code and that provides
5    residential services at a child care institution, as
6    defined under Section 2.06 of the Child Care Act of 1969,
7    or at a group home, as defined under Section 2.16 of the
8    Child Care Act of 1969; and
9        (2.5) is a disability-serving organization accredited
10    by a nationally-recognized accrediting organization,
11    including the Council of Quality Leadership or the
12    Commission on Accreditation of Rehabilitation Facilities,
13    or is a Center for Independent Living; and
14        (3) is accredited by a nationally-recognized
15    accrediting organization or certified as a developmental
16    training provider by the Department of Human Services.
17    (b) Participation. To participate, the not-for-profit
18agency must have indicated an interest in providing the
19supplies and services, must meet the specifications and needs
20of the using agency, and must set a fair and reasonable price.
21    (c) Committee. There is created within the Department of
22Central Management Services a committee to facilitate the
23purchase of products and services from not-for-profit agencies
24that provide employment opportunities to persons with physical
25disabilities, intellectual or developmental disabilities,
26mental illnesses, or any combination thereof. This committee

 

 

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1is called the State Use Committee. The State Use Committee
2shall consist of the Director of the Department of Central
3Management Services or his or her designee, the Secretary of
4the Department of Human Services or his or her designee, the
5Director of Commerce and Economic Opportunity or his or her
6designee, one public member representing private business who
7is knowledgeable of the employment needs and concerns of
8persons with developmental disabilities, one public member
9representing private business who is knowledgeable of the
10needs and concerns of rehabilitation facilities, one public
11member who is knowledgeable of the employment needs and
12concerns of persons with developmental disabilities, one
13public member who is knowledgeable of the needs and concerns
14of rehabilitation facilities, 2 members who have a disability,
152 public members from a statewide association that represents
16community-based rehabilitation facilities serving or
17supporting individuals with intellectual or developmental
18disabilities, and one public member from a disability-focused
19statewide advocacy group, all appointed by the Governor. The
20public members shall serve 2 year terms, commencing upon
21appointment and every 2 years thereafter. A public member may
22be reappointed, and vacancies shall be filled by appointment
23for the completion of the term. In the event there is a vacancy
24on the State Use Committee, the Governor must make an
25appointment to fill that vacancy within 30 calendar days after
26the notice of vacancy. The members shall serve without

 

 

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1compensation but shall be reimbursed for expenses at a rate
2equal to that of State employees on a per diem basis by the
3Department of Central Management Services. All members shall
4be entitled to vote on issues before the State Use Committee.
5    The State Use Committee shall have the following powers
6and duties:
7        (1) To request from any State agency information as to
8    product specification and service requirements in order to
9    carry out its purpose.
10        (2) To meet quarterly or more often as necessary to
11    carry out its purposes.
12        (3) To request a quarterly report from each
13    participating qualified not-for-profit agency for persons
14    with significant disabilities describing the volume of
15    sales for each product or service sold under this Section.
16        (4) To prepare a report for the Governor and General
17    Assembly no later than December 31 of each year. The
18    requirement for reporting to the General Assembly shall be
19    satisfied by following the procedures set forth in Section
20    3.1 of the General Assembly Organization Act.
21        (5) To prepare a publication that lists all supplies
22    and services currently available from any qualified
23    not-for-profit agency for persons with significant
24    disabilities. This list and any revisions shall be
25    distributed to all purchasing agencies.
26        (6) To encourage diversity in supplies and services

 

 

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1    provided by qualified not-for-profit agencies for persons
2    with significant disabilities and discourage unnecessary
3    duplication or competition among not-for-profit agencies.
4        (7) To develop guidelines to be followed by qualifying
5    agencies for participation under the provisions of this
6    Section. Guidelines shall include a list of national
7    accrediting organizations which satisfy the requirements
8    of item (3) of subsection (a) of this Section. The
9    guidelines shall be developed within 6 months after the
10    effective date of this Code and made available on a
11    nondiscriminatory basis to all qualifying agencies. The
12    new guidelines required under this item (7) by Public Act
13    100-203 shall be developed within 6 months after August
14    18, 2017 (the effective date of Public Act 100-203) and
15    made available on a non-discriminatory basis to all
16    qualifying not-for-profit agencies.
17        (8) To review all pricing submitted under the
18    provisions of this Section and may approve a proposed
19    agreement for supplies or services where the price
20    submitted is fair and reasonable. Review of pricing under
21    this paragraph may include, but is not limited to:
22            (A) Amounts private businesses would pay for
23        similar products or services.
24            (B) Amounts the federal government would pay
25        contractors for similar products or services.
26            (C) The amount paid by the State for similar

 

 

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1        products or services.
2            (D) The actual cost of manufacturing the product
3        or performing a service at a community rehabilitation
4        program offering employment services on or off
5        premises to persons with disabilities or mental
6        illnesses, with adequate consideration given to legal
7        and moral imperatives to pay workers with disabilities
8        equitable wages.
9            (E) The usual, customary, and reasonable costs of
10        manufacturing, marketing, and distribution.
11        (9) To, not less than every 3 years, adopt a strategic
12    plan for increasing the number of products and services
13    purchased from qualified not-for-profit agencies for
14    persons with disabilities or mental illnesses, including
15    the feasibility of developing mandatory set-aside
16    contracts.
17    (c-5) Conditions for Use. Each chief procurement officer
18shall, in consultation with the State Use Committee, determine
19which articles, materials, services, food stuffs, and supplies
20that are produced, manufactured, or provided by persons with
21significant disabilities in qualified not-for-profit agencies
22shall be given preference by purchasing agencies procuring
23those items.
24    (d) (Blank).
25    (e) Subcontracts. Subcontracts shall be permitted for
26agreements authorized under this Section. For the purposes of

 

 

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1this subsection (e), "subcontract" means any acquisition from
2another source of supplies, not including raw materials, or
3services required by a qualified not-for-profit agency to
4provide the supplies or services that are the subject of the
5contract between the State and the qualified not-for-profit
6agency.
7    The State Use Committee shall develop guidelines to be
8followed by qualified not-for-profit agencies when seeking and
9establishing subcontracts with other persons or not-for-profit
10agencies in order to fulfill State contract requirements.
11These guidelines shall include the following:
12        (i) The State Use Committee must approve all
13    subcontracts and substantive amendments to subcontracts
14    prior to execution or amendment of the subcontract.
15        (ii) A qualified not-for-profit agency shall not enter
16    into a subcontract, or any combination of subcontracts, to
17    fulfill an entire requirement, contract, or order without
18    written State Use Committee approval.
19        (iii) A qualified not-for-profit agency shall make
20    reasonable efforts to utilize subcontracts with other
21    not-for-profit agencies for persons with significant
22    disabilities.
23        (iv) For any subcontract not currently performed by a
24    qualified not-for-profit agency, the primary qualified
25    not-for-profit agency must provide to the State Use
26    Committee the following: (A) a written explanation as to

 

 

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1    why the subcontract is not performed by a qualified
2    not-for-profit agency, and (B) a written plan to transfer
3    the subcontract to a qualified not-for-profit agency, as
4    reasonable.
5(Source: P.A. 102-343, eff. 8-13-21; 102-558, eff. 8-20-21.)".