Section 1400.4535  Sheltered Workshops for the Disabled

a)         Supplies and services may be procured without advertising or calling for offers from any qualified not-for-profit organization for the severely handicapped that:

1)         complies with Illinois laws governing private not-for-profit organizations;

2)         is certified as a sheltered workshop by the Wage and Hour Division of the United States Department of Labor; and

3)         meets the Illinois Department of Human Services just standards for rehabilitation facilities.

b)         Sheltered Workshop List

The Chief Procurement Officer must maintain a list of all qualified sheltered workshops.  The Chief Procurement Officer may rely on the list developed by CMS to satisfy this responsibility if a copy is maintained in the Treasurer's office and updated as necessary.

c)         Requirements for Selection

In order to be selected as the offeror of a good or service, the not-for-profit organization must have indicated an interest in providing the supplies and services, must meet the specifications and needs of the Treasurer's office, and must set a fair market price that has been approved as provided in this Section.

d)         Pricing Approval

1)         While notice and competition is not required prior to contracting with a sheltered workshop, prices must be reasonable.  Whether a price is reasonable will be determined based upon current market prices, historical prices, prices received by other State agencies for similar goods or services, the policy of this Part to promote procurements from sheltered workshops, and other similarly relevant factors.

2)         The Procurement Review Board must approve contracts for reasonableness of price if:

A)        the good or service would ordinarily be subject to competitive sealed bidding or competitive sealed proposals methods of source selection; or

B)        the good or service is offered and the sheltered workshop is selected even though not the lowest responsible offeror.

3)         The Procurement Review Board approval is not required if:

A)        the contract does not exceed the bid limit set in Section 1400.2020 for small purchases and no bidding was conducted; or

B)        the contract is let to the sheltered workshop under a competitive procedure.

4)         When the approval of the Procurement Review Board is required, it will be given or denied in an expeditious manner so as not to disrupt procurement activities.

e)         Coordination with CMS

A Purchasing Officer will be assigned the task of coordinating with the committee that is created within CMS under the Illinois Procurement Code to insure that the Treasurer's office is aware of the activities, accomplishments and findings of the committee.