Bill Text: IL SB0339 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Illinois Procurement Code. Changes the requirements that must be met by a not-for-profit agency for persons with significant disabilities in order for supplies or services to be procured from that agency without advertising or calling for bids. Deletes a provision that requires such an agency to be certified as a work center by the United States Department of Labor or to be an accredited vocational program that provides transition services to youth under a specified provision of the School Code. Requires such an agency to be either a disability-serving organization accredited by a nationally-recognized accrediting organization or a center for independent living. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-03-10 - Rule 3-9(a) / Re-referred to Assignments [SB0339 Detail]

Download: Illinois-2023-SB0339-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB0339 Introduced 2/2/2023, by Sen. Patrick J. Joyce SYNOPSIS AS INTRODUCED:
30 ILCS 500/45-35
Amends the Illinois Procurement Code. Changes the requirements that must be met by a not-for-profit agency for persons with significant disabilities in order for supplies or services to be procured from that agency without advertising or calling for bids. Deletes a provision that requires such an agency to be certified as a work center by the United States Department of Labor or to be an accredited vocational program that provides transition services to youth under a specified provision of the School Code. Requires such an agency to be either a disability-serving organization accredited by a nationally-recognized accrediting organization or a center for independent living. Effective immediately.
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A BILL FOR
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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 for persons with
significant 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
disabilities that:
(1) complies with Illinois laws governing private
not-for-profit organizations;
(2) (blank); and is certified as a work center 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

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Child Care Act of 1969; and
(3) is a disability-serving organization accredited by
a nationally-recognized accrediting organization,
including the Council of Quality Leadership or the
Commission on Accreditation of Rehabilitation Facilities,
or is a center for independent living or certified as a
developmental training provider by the Department of Human
Services.
(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 price.
(c) Committee. There is created within the Department of
Central Management Services a committee to facilitate the
purchase of products and services from not-for-profit agencies
that provide employment opportunities to persons with physical
disabilities, intellectual or developmental disabilities,
mental illnesses, or any combination thereof. This committee
is called the State Use Committee. The State Use Committee
shall consist of the Director of the Department of Central
Management Services or his or her designee, the Secretary of
the Department of Human Services or his or her designee, the
Director of Commerce and Economic Opportunity 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

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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, 2 members who have a disability,
2 public members from a statewide association that represents
community-based rehabilitation facilities serving or
supporting individuals with intellectual or developmental
disabilities, and one public member from a disability-focused
statewide advocacy group, 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.
The State Use 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

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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 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
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 disabilities and discourage unnecessary
duplication or competition among not-for-profit agencies.
(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

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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 Public Act
100-203 shall be developed within 6 months after August
18, 2017 (the effective date of Public Act 100-203) and
made available on a non-discriminatory basis to all
qualifying not-for-profit agencies.
(8) To review all pricing 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. Review of pricing under
this paragraph may include, but is not limited to:
(A) Amounts private businesses would pay for
similar products or services.
(B) Amounts the federal government would pay
contractors for similar products or services.
(C) The amount paid by the State for similar
products or services.
(D) The actual cost of manufacturing the product
or performing a service at a community rehabilitation
program offering employment services on or off
premises to persons with disabilities or mental
illnesses, with adequate consideration given to legal
and moral imperatives to pay workers with disabilities
equitable wages.

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(E) The usual, customary, and reasonable costs of
manufacturing, marketing, and distribution.
(9) To, not less than every 3 years, adopt a strategic
plan for increasing the number of products and services
purchased from qualified not-for-profit agencies for
persons with disabilities or mental illnesses, including
the feasibility of developing mandatory set-aside
contracts.
(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 disabilities in qualified not-for-profit agencies
shall be given preference by purchasing agencies procuring
those items.
(d) (Blank).
(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

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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. 102-343, eff. 8-13-21; 102-558, eff. 8-20-21.)