AUTHORITY: Implementing the State Agency Employees Child Care Services Act (Ill. Rev. Stat. 1989, ch. 127, pars. 3001 et seq.) and authorized by Sections 67.06 and 67.24 of the Civil Administrative Code of Illinois (Ill. Rev. Stat. 1989, ch. 127, pars. 63b13.6 and 63b13.24).

SOURCE: Emergency Rules adopted at 10 Ill. Reg. 7926, effective May 1, 1986, for a maximum of 150 days; emergency expired September 28, 1986; adopted at 11 Ill. Reg. 8930, effective April 27, 1987; amended at 13 Ill. Reg. 4644, effective March 28, 1989; amended at 16 Ill. Reg. 4819, effective March 16, 1992.

SUBPART A: GENERAL

 

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)

 

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)

 

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

 

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)

 

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)

 

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)

 

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.

 

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.

 

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

 

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.

 

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.

 

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.

 

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.

 

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)