State Use Program

State Use Law

Sec. 45-35. Sheltered workshops for the severely handicapped.

1. Qualification - Supplies and services may be procured without advertising or calling for bids from any qualified not-for-profit agency for the severely handicapped that:
   
   
   1. complies with Illinois laws governing private not-for-profit organizations;
   
   
   
   2. is certified as a sheltered workshop by the Wage and Hour Division of the United States Department of Labor; and
   
   
   
   3. meets the Illinois Department of Human Services just standards for rehabilitation facilities.



2. 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 market price.



3. Committee - There is created within the Department of Central Management Services a committee to facilitate the purchase of products and services of persons so severely handicapped by a physical or mental disability that they cannot engage in normal competitive employment. The committee shall consist of the Director of the Department of Central Management Services, the Director of the Department of Human Services, and 2 representatives from private business and 2 public members, all appointed by the Governor, who are knowledgeable in the needs and concerns of rehabilitation facilities in Illinois. The public members shall serve 2-year terms, commencing upon appointment and every 2 years thereafter. A public member may be reappointed, and vacancies may be filled by appointment for completion of the term. 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 committee.
   
   The 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 the severely handicapped describing the volume of sales for each product or service sold under this section.
   
   
   
   4. To prepare a report for the Governor annually.
   
   
   
   5. To prepare a publication that lists all supplies and services currently available from any qualified not-for-profit agency for the severely handicapped. 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 the severely handicapped and discourage unnecessary duplication or competition among facilities.
   
   
   
   7. To develop guidelines to be followed by qualifying agencies for participation under the provisions 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.
   
   
   
   8. To review all bids submitted under the provision of this section and reject any bid for any purchase that is determined to be substantially more than the purchase would have cost had it been competitively bid.



4. 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.
   
   (Source: P.A. 90-572, eff. date - See Sec. 99-5.)