Public Act 100-0203
 
HB3899 EnrolledLRB100 11493 MLM 21941 b


  
    AN ACT concerning finance.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Illinois Procurement Code is amended  by 
changing Section 45-35 as follows:
 


    (30 ILCS 500/45-35)



    Sec. 45-35. Not-for-profit agencies Facilities for persons 
with significant severe disabilities.
    (a) Qualification.  Supplies and services may be procured

without advertising or calling
for bids from any qualified 
not-for-profit agency for persons with significant severe 
disabilities that: 

        (1) complies with Illinois laws governing private

    not-for-profit organizations;

        (2) is certified as a work center sheltered workshop by 
    the Wage
and Hour Division of the
United States Department 
    of Labor or is an accredited vocational program that 
    provides transition services to youth between the ages of 
    14 1/2 and 22 in accordance with individualized education 
    plans under Section 14-8.03 of the School Code and that 
    provides residential services at a child care institution, 
    as defined under Section 2.06 of the Child Care Act of 
    1969,  or at a group home, as defined under Section 2.16 of 
    the Child Care Act of 1969; and

        (3) is accredited by a nationally-recognized 
    accrediting organization or certified as a developmental 
    training provider by the meets the applicable Illinois 
    Department of Human
Services just standards.

    (b) Participation.  To participate, the not-for-profit

agency must have indicated an
interest in providing the 
supplies and services, must meet the
specifications and needs 
of the
using agency, and must set a fair and reasonable market 
price.

    (c) Committee.  There is created within the Department of

Central Management
Services a committee to facilitate the 
purchase of products and
services of persons with a significant 
so severely
disabled by a physical, developmental, or mental 
disability or a combination of any of those disabilities who 
that they cannot
engage in normal competitive
employment due to 
the significant disability or combination of those 
disabilities.  This committee is called the State Use Committee. 
The State Use Committee committee shall consist of the Director 
of the
Department of Central
Management Services or his or her 
designee, the Director of the Department
of Human Services or 
his or her designee, one public member representing private 
business who is knowledgeable of the employment needs and 
concerns of persons with developmental disabilities, one 
public member representing private business who is 
knowledgeable of the needs and concerns of rehabilitation 
facilities, one public member who is knowledgeable of the 
employment needs and concerns of persons with developmental 
disabilities, one public member who is knowledgeable of the 
needs and concerns of rehabilitation facilities, and 2 public 
members from a statewide association that represents 
community-based rehabilitation facilities, all appointed by 
the
Governor.  The public
members shall serve 2 year terms, 
commencing upon appointment and
every 2 years thereafter.
A 
public member may be reappointed, and vacancies shall be filled 
by
appointment for the
completion of the term.  In the event 
there is a vacancy on the State Use Committee, the Governor 
must make an appointment to fill that vacancy within 30 
calendar days after the notice of vacancy. The members shall 
serve without
compensation but shall be reimbursed
for expenses 
at a rate equal to that of State employees on a per
diem basis 
by the Department
of Central Management Services.  All members 
shall be entitled to
vote on issues before the
State Use 
Committee committee.

    The State Use Committee committee shall have the following 
powers and duties:

        (1) To request from any State agency information as to

    product specification
and service requirements in order to 
    carry out its purpose.

        (2) To meet quarterly or more often as necessary to

    carry out its purposes.

        (3) To request a quarterly report from each

    participating qualified not-for-profit agency for persons 
    with significant severe disabilities describing the volume 
    of sales for each product or
service sold under this 
    Section.

        (4) To prepare a report for the Governor and General 
    Assembly no later than December 31 of each year. The 
    requirement for reporting to the General Assembly shall be 
    satisfied by following the procedures set forth in  Section 
    3.1 of the General Assembly Organization Act. 

        (5) To prepare a publication that lists all supplies

    and services currently
available from any qualified 
    not-for-profit agency for persons with significant severe 
    disabilities.  This list and
any revisions shall be 
    distributed to all purchasing agencies.

        (6) To encourage diversity in supplies and services

    provided by qualified not-for-profit agencies for persons 
    with significant severe disabilities and discourage 
    unnecessary duplication or
competition among 
    not-for-profit agencies facilities.

        (7) To develop guidelines to be followed by qualifying

    agencies for
participation under the provisions of this 
    Section.  Guidelines shall include a list of national 
    accrediting organizations which satisfy the requirements 
    of item (3) of subsection (a) of this Section. The

    guidelines shall be developed within
6 months after the 
    effective date of this Code and made available
on a 
    nondiscriminatory basis
to all qualifying agencies. The 
    new guidelines required under this item (7) by this 
    amendatory Act of the 100th General Assembly shall be 
    developed within 6 months after the effective date of this 
    amendatory Act of the 100th General Assembly and made 
    available on a non-discriminatory basis to all qualifying 
    not-for-profit agencies.  

        (8) To review all pricing bids submitted under the 
    provisions
of this Section and may approve a proposed 
    agreement for supplies or services where the price 
    submitted is fair and reasonable reject
any bid for any 
    purchase that is determined to be substantially
more than 
    the purchase would
have cost had it been competitively bid.

        (9) To, not less than every 3 years, adopt a strategic 
    plan develop a 5-year plan for increasing the number of 
    products and services purchased from qualified 
    not-for-profit agencies for persons with significant 
    severe disabilities, including the feasibility of 
    developing mandatory set-aside contracts.  This 5-year plan 
    must be developed no later than 180 calendar days after the 
    effective date of this amendatory Act of the 96th General 
    Assembly. 
    (c-5) Conditions for Use. Each chief procurement officer 
shall, in consultation with the State Use Committee, determine 
which articles, materials, services, food stuffs, and supplies 
that are produced, manufactured, or provided by persons with 
significant severe disabilities in qualified not-for-profit 
agencies shall be given preference by purchasing agencies 
procuring those items. 
    (d) (Blank). Former committee.  The committee created under

subsection (c) shall replace the
committee created under 
Section 7-2 of the Illinois Purchasing Act,
which shall

continue to operate until the appointments under subsection (c)

are made.

    (e) Subcontracts. Subcontracts shall be permitted for 
agreements authorized under this Section. For the purposes of 
this subsection (e), "subcontract" means any acquisition from 
another source of supplies, not including raw materials, or 
services required by a qualified not-for-profit agency to 
provide the supplies or services that are the subject of the 
contract between the State and the qualified not-for-profit 
agency.
    The State Use Committee shall develop guidelines to be 
followed by qualified not-for-profit agencies when seeking and 
establishing subcontracts with other persons or not-for-profit 
agencies in order to fulfill State contract requirements. These 
guidelines shall include the following: 
        (i) The State Use Committee must approve all 
    subcontracts and substantive amendments to subcontracts 
    prior to execution or amendment of the subcontract.
        (ii) A qualified not-for-profit agency shall not enter 
    into a subcontract, or any combination of subcontracts, to 
    fulfill an entire requirement, contract, or order without 
    written State Use Committee approval.
        (iii) A qualified not-for-profit agency shall make 
    reasonable efforts to utilize subcontracts with other 
    not-for-profit agencies for persons with significant 
    disabilities.
        (iv) For any subcontract not currently performed by a 
    qualified not-for-profit agency, the primary qualified 
    not-for-profit agency must provide to the State Use 
    Committee the following: (A) a written explanation as to 
    why the subcontract is not performed by a qualified 
    not-for-profit agency, and (B) a written plan to transfer 
    the subcontract to a qualified not-for-profit agency, as 
    reasonable. 
(Source: P.A. 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15.)

 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law. 
  


Effective Date:  8/18/2017