Full Text of SB3047 102nd General Assembly
SB3047sam001 102ND GENERAL ASSEMBLY | 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 | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Procurement Code is amended by | 5 | | changing Section 45-35 as follows:
| 6 | | (30 ILCS 500/45-35)
| 7 | | Sec. 45-35. Not-for-profit agencies for persons with | 8 | | significant disabilities. | 9 | | (a) Qualification. Supplies and services may be procured
| 10 | | without advertising or calling
for bids from any qualified | 11 | | not-for-profit agency for persons with significant | 12 | | disabilities 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
| 18 | | agency must have indicated an
interest in providing the | 19 | | supplies and services, must meet the
specifications and needs | 20 | | of the
using agency, and must set a fair and reasonable price.
| 21 | | (c) Committee. There is created within the Department of
| 22 | | Central Management
Services a committee to facilitate the | 23 | | purchase of products and
services from not-for-profit agencies | 24 | | that provide employment opportunities to persons with physical | 25 | | disabilities, intellectual or developmental disabilities, | 26 | | mental illnesses, or any combination thereof. This committee |
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| 1 | | is called the State Use Committee. The State Use Committee | 2 | | shall consist of the Director of the
Department of Central
| 3 | | Management Services or his or her designee, the Secretary of | 4 | | the Department
of Human Services or his or her designee, the | 5 | | Director of Commerce and Economic Opportunity or his or her | 6 | | designee, one public member representing private business who | 7 | | is knowledgeable of the employment needs and concerns of | 8 | | persons with developmental disabilities, one public member | 9 | | representing private business who is knowledgeable of the | 10 | | needs and concerns of rehabilitation facilities, one public | 11 | | member who is knowledgeable of the employment needs and | 12 | | concerns of persons with developmental disabilities, one | 13 | | public member who is knowledgeable of the needs and concerns | 14 | | of rehabilitation facilities, 2 members who have a disability, | 15 | | 2 public members from a statewide association that represents | 16 | | community-based rehabilitation facilities serving or | 17 | | supporting individuals with intellectual or developmental | 18 | | disabilities, and one public member from a disability-focused | 19 | | statewide advocacy group, all appointed by the
Governor. The | 20 | | public
members shall serve 2 year terms, commencing upon | 21 | | appointment and
every 2 years thereafter.
A public member may | 22 | | be reappointed, and vacancies shall be filled by
appointment | 23 | | for the
completion of the term. In the event there is a vacancy | 24 | | on the State Use Committee, the Governor must make an | 25 | | appointment to fill that vacancy within 30 calendar days after | 26 | | the notice of vacancy. The members shall serve without
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| 1 | | compensation but shall be reimbursed
for expenses at a rate | 2 | | equal to that of State employees on a per
diem basis by the | 3 | | Department
of Central Management Services. All members shall | 4 | | be entitled to
vote on issues before the
State Use Committee.
| 5 | | The State Use Committee shall have the following powers | 6 | | and 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 | 18 | | shall, in consultation with the State Use Committee, determine | 19 | | which articles, materials, services, food stuffs, and supplies | 20 | | that are produced, manufactured, or provided by persons with | 21 | | significant disabilities in qualified not-for-profit agencies | 22 | | shall be given preference by purchasing agencies procuring | 23 | | those items. | 24 | | (d) (Blank).
| 25 | | (e) Subcontracts. Subcontracts shall be permitted for | 26 | | agreements authorized under this Section. For the purposes of |
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| 1 | | this subsection (e), "subcontract" means any acquisition from | 2 | | another source of supplies, not including raw materials, or | 3 | | services required by a qualified not-for-profit agency to | 4 | | provide the supplies or services that are the subject of the | 5 | | contract between the State and the qualified not-for-profit | 6 | | agency. | 7 | | The State Use Committee shall develop guidelines to be | 8 | | followed by qualified not-for-profit agencies when seeking and | 9 | | establishing subcontracts with other persons or not-for-profit | 10 | | agencies in order to fulfill State contract requirements. | 11 | | These 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.)".
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