Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1 - CHIEF PROCUREMENT OFFICER FOR GENERAL SERVICES STANDARD PROCUREMENT › Subpart O - PREFERENCES › Section 1.4535 - Qualified Not-for-Profit Agencies for Persons with Significant Disabilities

Current through Register Vol. 48, No. 28, July 12, 2024
a) Purpose
Contracts with qualified not-for-profit agencies for persons
				  with significant disabilities (work centers; see Section 45-35 of the Code)
				  under this Section should promote employment opportunities for persons with
				  significant disabilities while meeting the needs of the State agency. In making
				  a determination to purchase from a qualified work center, State agencies should
				  review the number of jobs performed by persons with significant disabilities
				  and the total amount of the contract. A reasonable amount of subcontracting is
				  allowed under this Part to the extent it does not deter from promoting
				  employment for persons with significant disabilities.
b) Usage
The CPO-GS shall distribute to each SPO and State agency a
				  list of supplies and services available from qualified work centers. Purchases
				  may be made from qualified work centers without prior notice or
				  competition.
c) Preference
The CPO-GS shall identify to each SPO and State agency the
				  supplies or services for which preference must be given to qualified work
				  centers. Prior to conducting a competitive procurement or otherwise contracting
				  for supplies or services on the preference list, the State agency shall contact
				  one or more of the qualified work centers that provide the needed supply or
				  service and attempt to negotiate a fair and reasonable contract at a price not
				  substantially more than had it been competitively bid. If negotiations fail or
				  if circumstances suggest using a qualified work center is not reasonable, the
				  SPO may authorize use of an alternative procurement method.
d) Pricing Approval
Prior to contracting with a qualified work center, the State
				  Use Committee (see Section 45-35(c) of the Code) must determine in an open
				  meeting that the price is fair and reasonable. The State Use Committee shall
				  inform the State agency, in writing, of its determination.
e) Procurement Code Requirements
Qualified work centers that contract with the State must
				  comply with all applicable provisions of the Code.
f) Governmental Joint Purchasing Act [30 ILCS
				525 ] Requirements
Pursuant to Section 4.05 of the Governmental Joint Purchasing
				  Act, when a State agency procures a joint purchase master contract from a
				  qualified not-for-profit agency for persons with significant disabilities, the
				  State agency shall use the sole source method of procurement. The CPO-GS
				  determines that a qualified not-for-profit agency for persons with significant
				  disabilities is a sole economically feasible source due to the organization's
				  employment and empowerment of persons with significant disabilities.
g) Publication to Bulletin
Upon receipt of the State Use Committee written
				  determination, the SPO shall publish notice of purchases in excess of the small
				  purchase threshold to the Bulletin. An agency's decision to purchase from a
				  qualified work center rather than issuing a competitive solicitation is not
				  protestable.
h) Contract
				Execution
Once a State agency receives the written determination from
				  the State Use Committee that the price of the proposed contract is fair and
				  reasonable and the State agency has posted the notice of purchase to the
				  Bulletin, the SPO may authorize a State agency to enter into a contract with
				  the qualified work center.