Bill Text: IL HB3899 | 2017-2018 | 100th General Assembly | Chaptered

---

Bill Title: Amends the Illinois Procurement Code. Makes changes to provisions concerning the use of not-for-profit agencies for persons with significant disabilities (instead of 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 listing 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). Sets forth provisions concerning subcontracts. Makes other changes. Effective immediately.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2017-08-18 - Public Act . . . . . . . . . 100-0203 [HB3899 Detail]

Download: Illinois-2017-HB3899-Chaptered.html

---

Public Act 100-0203
HB3899 Enrolled LRB100 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.