100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB1274

 

Introduced 2/9/2017, by Sen. Michael Connelly

 

SYNOPSIS AS INTRODUCED:
 
30 ILCS 500/45-35

    Amends the Illinois Procurement Code. Makes changes to provisions concerning the use of not-for-profit agencies for persons with significant disabilities (previously, facilities for persons with severe disabilities). Provides that a not-for-profit agency shall be a qualified agency if it is, among other requirements, accredited by a nationally-recognized accrediting organization or certified as a development training provider by the Department of Human Services (rather than requiring the agency to meet the applicable Department just standards). Requires the Department to develop guidelines of appropriate national accrediting organizations within 6 months after the effective date of the amendatory Act. Requires the State Use Committee to, not less than every 3 years, develop a strategic plan for increasing the number of products or services purchased from qualified agencies (rather than developing one 5-year strategic plan). Makes provisions concerning subcontracts. Makes other changes. Effective immediately.


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A BILL FOR

 

SB1274LRB100 05589 MLM 15603 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 Facilities for persons
8with significant severe 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 severe
12disabilities that:
13        (1) complies with Illinois laws governing private
14    not-for-profit organizations;
15        (2) is certified as a work center sheltered workshop by
16    the Wage and Hour Division of the United States Department
17    of Labor or is an accredited vocational program that
18    provides transition services to youth between the ages of
19    14 1/2 and 22 in accordance with individualized education
20    plans under Section 14-8.03 of the School Code and that
21    provides residential services at a child care institution,
22    as defined under Section 2.06 of the Child Care Act of
23    1969, or at a group home, as defined under Section 2.16 of

 

 

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1    the 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 meets the applicable Illinois
5    Department of Human Services just standards.
6    (b) Participation. To participate, the not-for-profit
7agency must have indicated an interest in providing the
8supplies and services, must meet the specifications and needs
9of the using agency, and must set a fair and reasonable market
10price.
11    (c) Committee. There is created within the Department of
12Central Management Services a committee to facilitate the
13purchase of products and services of persons with a significant
14so severely disabled by a physical, developmental, or mental
15disability or a combination of any of those disabilities who
16that they cannot engage in normal competitive employment due to
17the significant disability or combination of those
18disabilities. This committee is called the State Use Committee.
19The State Use Committee committee shall consist of the Director
20of the Department of Central Management Services or his or her
21designee, the Director of the Department of Human Services or
22his or her designee, one public member representing private
23business who is knowledgeable of the employment needs and
24concerns of persons with developmental disabilities, one
25public member representing private business who is
26knowledgeable of the needs and concerns of rehabilitation

 

 

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1facilities, one public member who is knowledgeable of the
2employment needs and concerns of persons with developmental
3disabilities, one public member who is knowledgeable of the
4needs and concerns of rehabilitation facilities, and 2 public
5members from a statewide association that represents
6community-based rehabilitation facilities, all appointed by
7the Governor. The public members shall serve 2 year terms,
8commencing upon appointment and every 2 years thereafter. A
9public member may be reappointed, and vacancies shall be filled
10by appointment for the completion of the term. In the event
11there is a vacancy on the State Use Committee, the Governor
12must make an appointment to fill that vacancy within 30
13calendar days after the notice of vacancy. The members shall
14serve without compensation but shall be reimbursed for expenses
15at a rate equal to that of State employees on a per diem basis
16by the Department of Central Management Services. All members
17shall be entitled to vote on issues before the State Use
18Committee committee.
19    The State Use Committee committee shall have the following
20powers and 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 severe disabilities describing the volume
3    of sales for each product or service sold under this
4    Section.
5        (4) To prepare a report for the Governor and General
6    Assembly no later than December 31 of each year. The
7    requirement for reporting to the General Assembly shall be
8    satisfied by following the procedures set forth in Section
9    3.1 of the General Assembly Organization Act.
10        (5) To prepare a publication that lists all supplies
11    and services currently available from any qualified
12    not-for-profit agency for persons with significant severe
13    disabilities. This list and any revisions shall be
14    distributed to all purchasing agencies.
15        (6) To encourage diversity in supplies and services
16    provided by qualified not-for-profit agencies for persons
17    with significant severe disabilities and discourage
18    unnecessary duplication or competition among
19    not-for-profit agencies facilities.
20        (7) To develop guidelines to be followed by qualifying
21    agencies for participation under the provisions of this
22    Section. Guidelines shall include a list of national
23    accrediting organizations which satisfy the requirements
24    of item (3) of subsection (a) of this Section. The
25    guidelines shall be developed within 6 months after the
26    effective date of this Code and made available on a

 

 

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1    nondiscriminatory basis to all qualifying agencies. The
2    new guidelines required under this item (7) by this
3    amendatory Act of the 100th General Assembly shall be
4    developed within 6 months after the effective date of this
5    amendatory Act of the 100th General Assembly and made
6    available on a non-discriminatory basis to all qualifying
7    not-for-profit agencies.
8        (8) To review all pricing bids submitted under the
9    provisions of this Section and may approve a proposed
10    agreement for supplies or services where the price
11    submitted is fair and reasonable reject any bid for any
12    purchase that is determined to be substantially more than
13    the purchase would have cost had it been competitively bid.
14        (9) To, not less than every 3 years, adopt a strategic
15    plan develop a 5-year plan for increasing the number of
16    products and services purchased from qualified
17    not-for-profit agencies for persons with significant
18    severe disabilities, including the feasibility of
19    developing mandatory set-aside contracts. This 5-year plan
20    must be developed no later than 180 calendar days after the
21    effective date of this amendatory Act of the 96th General
22    Assembly.
23    (c-5) Conditions for Use. Each chief procurement officer
24shall, in consultation with the State Use Committee, determine
25which articles, materials, services, food stuffs, and supplies
26that are produced, manufactured, or provided by persons with

 

 

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1significant severe disabilities in qualified not-for-profit
2agencies shall be given preference by purchasing agencies
3procuring those items.
4    (d) (Blank). Former committee. The committee created under
5subsection (c) shall replace the committee created under
6Section 7-2 of the Illinois Purchasing Act, which shall
7continue to operate until the appointments under subsection (c)
8are made.
9    (e) Subcontracts. Subcontracts shall be permitted for
10agreements authorized under this Section. For the purposes of
11this subsection (e), "subcontract" means any acquisition from
12another source of supplies, not including raw materials, or
13services required by a qualified not-for-profit agency to
14provide the supplies or services that are the subject of the
15contract between the State and the qualified not-for-profit
16agency.
17    The State Use Committee shall develop guidelines to be
18followed by qualified not-for-profit agencies when seeking and
19establishing subcontracts with other persons or not-for-profit
20agencies in order to fulfill State contract requirements. These
21guidelines shall include the following:
22        (i) The State Use Committee must approve all
23    subcontracts and substantive amendments to subcontracts
24    prior to execution or amendment of the subcontract.
25        (ii) A qualified not-for-profit agency shall not enter
26    into a subcontract, or any combination of subcontracts, to

 

 

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1    fulfill an entire requirement, contract, or order without
2    written State Use Committee approval.
3        (iii) A qualified not-for-profit agency shall make
4    reasonable efforts to utilize subcontracts with other
5    not-for-profit agencies for persons with significant
6    disabilities.
7        (iv) For any subcontract not currently performed by a
8    qualified not-for-profit agency, the primary qualified
9    not-for-profit agency must provide to the State Use
10    Committee the following: (A) a written explanation as to
11    why the subcontract is not performed by a qualified
12    not-for-profit agency, and (B) a written plan to transfer
13    the subcontract to a qualified not-for-profit agency, as
14    reasonable.
15(Source: P.A. 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15.)
 
16    Section 99. Effective date. This Act takes effect upon
17becoming law.