Section 4.4535  Qualified Not-for-Profit Agencies for Persons with Significant Disabilities

a)         Contracts issued under this Section with qualified not-for-profit agencies for persons with significant disabilities should promote employment and training opportunities for persons with significant disabilities while meeting the needs of the university. "Qualified Not-for-Profit Agencies" are certified work centers or accredited vocational programs as defined in Section 45-35(a) of the Code.

1)         Subject to the requirements of this Section, a university may procure supplies and services from a qualified not-for-profit agency and may do so without having to provide prior notice on the Bulletin or having to seek competition.  The qualified not-for-profit agency must meet the specifications and needs of the using university and must agree to a fair and reasonable price.

2)         Except for small purchases, a proposed contract with a qualified not-for-profit agency must be approved by the SPO.

b)         The university and the State Use program (see Section 45-35(c) of the Code) staff will consult as necessary to ensure the contract effectively addresses the purpose of the program.  This review may include consideration of the total dollar value of the contract, the number of jobs performed by persons with significant disabilities, the amounts paid to those individuals and the amount of subcontracting, particularly with commercial entities, needed to fulfill contract requirements.

c)         The CPO-HE shall distribute to each SPO and university a list of supplies and services available from qualified not-for-profit agencies on the list maintained by the Department of Central Management Services.

d)         The CPO-HE shall identify to each SPO and university the supplies and services for which preference must be given to a qualified not-for-profit agency.  The preference shall require the university to give first refusal to a qualified not-for-profit agencies and the university shall purchase from the not-for-profit agencies unless the SPO approves a request for a waiver from the university.  A waiver may be requested if the university demonstrates to the SPO that factors including, but not limited to, geographic proximity, lack of availability of vendors, quality of product and price preclude purchase from a qualified not-for-profit agencies.  Any waiver request shall be on a form or in a format prescribed by the CPO-HE. 

e)         When a qualified not-for profit agency and a university enter a contract, each must comply with applicable provisions of the Code.

f)         State Use Committee

1)         Prior to contracting with a qualified not-for-profit agency, the State Use Committee  must determine in an open meeting that the price is fair and reasonable.  If any vendor protests the determination as a part of the open meeting, the Committee must resolve the protest before approving the proposed contract.  The State Use Committee shall inform the SPO and the university in writing of its determination.

2)         Prior to a qualified not-for-profit agency entering a subcontract or executing a change order, the State Use Committee must approve in an open meeting all subcontracts and must approve all change orders that exceed the competitive threshold.

A)        For purposes of this Section only, 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. [30 ILCS 500/45-35(e)]

B)        The State Use Committee shall inform the SPO and the university in writing of its approval.

3)         After receipt of the Committee's determination or approval, the SPO shall post notice to the Bulletin of any proposed contract or change order that exceeds the competitive threshold.  The university may execute the contract or change order upon publication.

(Source:  Amended at 43 Ill. Reg. 1781, effective February 15, 2019)