Bill Text: IL SB0339 | 2023-2024 | 103rd General Assembly | Introduced
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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1 | AN ACT concerning finance.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Procurement Code is amended by | |||||||||||||||||||
5 | changing Section 45-35 as follows:
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6 | (30 ILCS 500/45-35)
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7 | Sec. 45-35. Not-for-profit agencies for persons with | |||||||||||||||||||
8 | significant disabilities. | |||||||||||||||||||
9 | (a) Qualification. Supplies and services may be procured
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10 | without advertising or calling
for bids from any qualified | |||||||||||||||||||
11 | not-for-profit agency for persons with significant | |||||||||||||||||||
12 | disabilities that:
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13 | (1) complies with Illinois laws governing private
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14 | not-for-profit organizations;
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15 | (2) (blank); and is certified as a work center by the | |||||||||||||||||||
16 | Wage
and Hour Division of the
United States Department of | |||||||||||||||||||
17 | Labor or is an accredited vocational program that provides | |||||||||||||||||||
18 | transition services to youth between the ages of 14 1/2 | |||||||||||||||||||
19 | and 22 in accordance with individualized education plans | |||||||||||||||||||
20 | under Section 14-8.03 of the School Code and that provides | |||||||||||||||||||
21 | residential services at a child care institution, as | |||||||||||||||||||
22 | defined under Section 2.06 of the Child Care Act of 1969, | |||||||||||||||||||
23 | or at a group home, as defined under Section 2.16 of the |
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1 | Child Care Act of 1969; and
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2 | (3) is a disability-serving organization accredited by | ||||||
3 | a nationally-recognized accrediting organization , | ||||||
4 | including the Council of Quality Leadership or the | ||||||
5 | Commission on Accreditation of Rehabilitation Facilities, | ||||||
6 | or is a center for independent living or certified as a | ||||||
7 | developmental training provider by the Department of Human
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8 | Services .
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9 | (b) Participation. To participate, the not-for-profit
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10 | agency must have indicated an
interest in providing the | ||||||
11 | supplies and services, must meet the
specifications and needs | ||||||
12 | of the
using agency, and must set a fair and reasonable price.
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13 | (c) Committee. There is created within the Department of
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14 | Central Management
Services a committee to facilitate the | ||||||
15 | purchase of products and
services from not-for-profit agencies | ||||||
16 | that provide employment opportunities to persons with physical | ||||||
17 | disabilities, intellectual or developmental disabilities, | ||||||
18 | mental illnesses, or any combination thereof. This committee | ||||||
19 | is called the State Use Committee. The State Use Committee | ||||||
20 | shall consist of the Director of the
Department of Central
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21 | Management Services or his or her designee, the Secretary of | ||||||
22 | the Department
of Human Services or his or her designee, the | ||||||
23 | Director of Commerce and Economic Opportunity or his or her | ||||||
24 | designee, one public member representing private business who | ||||||
25 | is knowledgeable of the employment needs and concerns of | ||||||
26 | persons with developmental disabilities, one public member |
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1 | representing private business who is knowledgeable of the | ||||||
2 | needs and concerns of rehabilitation facilities, one public | ||||||
3 | member who is knowledgeable of the employment needs and | ||||||
4 | concerns of persons with developmental disabilities, one | ||||||
5 | public member who is knowledgeable of the needs and concerns | ||||||
6 | of rehabilitation facilities, 2 members who have a disability, | ||||||
7 | 2 public members from a statewide association that represents | ||||||
8 | community-based rehabilitation facilities serving or | ||||||
9 | supporting individuals with intellectual or developmental | ||||||
10 | disabilities, and one public member from a disability-focused | ||||||
11 | statewide advocacy group, all appointed by the
Governor. The | ||||||
12 | public
members shall serve 2 year terms, commencing upon | ||||||
13 | appointment and
every 2 years thereafter.
A public member may | ||||||
14 | be reappointed, and vacancies shall be filled by
appointment | ||||||
15 | for the
completion of the term. In the event there is a vacancy | ||||||
16 | on the State Use Committee, the Governor must make an | ||||||
17 | appointment to fill that vacancy within 30 calendar days after | ||||||
18 | the notice of vacancy. The members shall serve without
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19 | compensation but shall be reimbursed
for expenses at a rate | ||||||
20 | equal to that of State employees on a per
diem basis by the | ||||||
21 | Department
of Central Management Services. All members shall | ||||||
22 | be entitled to
vote on issues before the
State Use Committee.
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23 | The State Use Committee shall have the following powers | ||||||
24 | and duties:
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25 | (1) To request from any State agency information as to
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26 | product specification
and service requirements in order to |
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1 | carry out its purpose.
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2 | (2) To meet quarterly or more often as necessary to
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3 | carry out its purposes.
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4 | (3) To request a quarterly report from each
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5 | participating qualified not-for-profit agency for persons | ||||||
6 | with significant disabilities describing the volume of | ||||||
7 | sales for each product or
service sold under this Section.
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8 | (4) To prepare a report for the Governor and General | ||||||
9 | Assembly no later than December 31 of each year. The | ||||||
10 | requirement for reporting to the General Assembly shall be | ||||||
11 | satisfied by following the procedures set forth in Section | ||||||
12 | 3.1 of the General Assembly Organization Act.
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13 | (5) To prepare a publication that lists all supplies
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14 | and services currently
available from any qualified | ||||||
15 | not-for-profit agency for persons with significant | ||||||
16 | disabilities. This list and
any revisions shall be | ||||||
17 | distributed to all purchasing agencies.
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18 | (6) To encourage diversity in supplies and services
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19 | provided by qualified not-for-profit agencies for persons | ||||||
20 | with significant disabilities and discourage unnecessary | ||||||
21 | duplication or
competition among not-for-profit agencies.
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22 | (7) To develop guidelines to be followed by qualifying
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23 | agencies for
participation under the provisions of this | ||||||
24 | Section. Guidelines shall include a list of national | ||||||
25 | accrediting organizations which satisfy the requirements | ||||||
26 | of item (3) of subsection (a) of this Section. The
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1 | guidelines shall be developed within
6 months after the | ||||||
2 | effective date of this Code and made available
on a | ||||||
3 | nondiscriminatory basis
to all qualifying agencies. The | ||||||
4 | new guidelines required under this item (7) by Public Act | ||||||
5 | 100-203 shall be developed within 6 months after August | ||||||
6 | 18, 2017 (the effective date of Public Act 100-203) and | ||||||
7 | made available on a non-discriminatory basis to all | ||||||
8 | qualifying not-for-profit agencies.
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9 | (8) To review all pricing submitted under the | ||||||
10 | provisions
of this Section and may approve a proposed | ||||||
11 | agreement for supplies or services where the price | ||||||
12 | submitted is fair and reasonable. Review of pricing under | ||||||
13 | this paragraph may include, but is not limited to:
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14 | (A) Amounts private businesses would pay for | ||||||
15 | similar products or services. | ||||||
16 | (B) Amounts the federal government would pay | ||||||
17 | contractors for similar products or services. | ||||||
18 | (C) The amount paid by the State for similar | ||||||
19 | products or services. | ||||||
20 | (D) The actual cost of manufacturing the product | ||||||
21 | or performing a service at a community rehabilitation | ||||||
22 | program offering employment services on or off | ||||||
23 | premises to persons with disabilities or mental | ||||||
24 | illnesses, with adequate consideration given to legal | ||||||
25 | and moral imperatives to pay workers with disabilities | ||||||
26 | equitable wages. |
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1 | (E) The usual, customary, and reasonable costs of | ||||||
2 | manufacturing, marketing, and distribution. | ||||||
3 | (9) To, not less than every 3 years, adopt a strategic | ||||||
4 | plan for increasing the number of products and services | ||||||
5 | purchased from qualified not-for-profit agencies for | ||||||
6 | persons with disabilities or mental illnesses, including | ||||||
7 | the feasibility of developing mandatory set-aside | ||||||
8 | contracts. | ||||||
9 | (c-5) Conditions for Use. Each chief procurement officer | ||||||
10 | shall, in consultation with the State Use Committee, determine | ||||||
11 | which articles, materials, services, food stuffs, and supplies | ||||||
12 | that are produced, manufactured, or provided by persons with | ||||||
13 | significant disabilities in qualified not-for-profit agencies | ||||||
14 | shall be given preference by purchasing agencies procuring | ||||||
15 | those items. | ||||||
16 | (d) (Blank).
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17 | (e) Subcontracts. Subcontracts shall be permitted for | ||||||
18 | agreements authorized under this Section. For the purposes of | ||||||
19 | this subsection (e), "subcontract" means any acquisition from | ||||||
20 | another source of supplies, not including raw materials, or | ||||||
21 | services required by a qualified not-for-profit agency to | ||||||
22 | provide the supplies or services that are the subject of the | ||||||
23 | contract between the State and the qualified not-for-profit | ||||||
24 | agency. | ||||||
25 | The State Use Committee shall develop guidelines to be | ||||||
26 | followed by qualified not-for-profit agencies when seeking and |
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1 | establishing subcontracts with other persons or not-for-profit | ||||||
2 | agencies in order to fulfill State contract requirements. | ||||||
3 | These guidelines shall include the following: | ||||||
4 | (i) The State Use Committee must approve all | ||||||
5 | subcontracts and substantive amendments to subcontracts | ||||||
6 | prior to execution or amendment of the subcontract. | ||||||
7 | (ii) A qualified not-for-profit agency shall not enter | ||||||
8 | into a subcontract, or any combination of subcontracts, to | ||||||
9 | fulfill an entire requirement, contract, or order without | ||||||
10 | written State Use Committee approval. | ||||||
11 | (iii) A qualified not-for-profit agency shall make | ||||||
12 | reasonable efforts to utilize subcontracts with other | ||||||
13 | not-for-profit agencies for persons with significant | ||||||
14 | disabilities. | ||||||
15 | (iv) For any subcontract not currently performed by a | ||||||
16 | qualified not-for-profit agency, the primary qualified | ||||||
17 | not-for-profit agency must provide to the State Use | ||||||
18 | Committee the following: (A) a written explanation as to | ||||||
19 | why the subcontract is not performed by a qualified | ||||||
20 | not-for-profit agency, and (B) a written plan to transfer | ||||||
21 | the subcontract to a qualified not-for-profit agency, as | ||||||
22 | reasonable. | ||||||
23 | (Source: P.A. 102-343, eff. 8-13-21; 102-558, eff. 8-20-21.)
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