Illinois Administrative Code
Title 89 - SOCIAL SERVICES
Part 357 - PURCHASE OF SERVICE
Section 357.40 - Procuring Services
Universal Citation: 89 IL Admin Code ยง 357.40
Current through Register Vol. 48, No. 38, September 20, 2024
a) The Department procures professional child welfare and youth services by means of negotiated contracts and competitively bid contracts.
b) Negotiated contracts are used in the following circumstances:
1) When the nature of
the service is such that it can only be obtained from a single service
provider.
2) When, in the opinion
of the Department, maintenance of ongoing established services is necessary to
ensure the continuity of care and assistance to children, youth and families
served by the Department.
3) When,
in the opinion of the Department, an emergency exists and the urgency for the
service will not allow time for preparing requests for proposals.
4) When the Department is not required to use
competitive bidding by statute or by the provisions of subsection
(c)(1):
c) Although the professional services governed by this Part are exempt from the competitive bidding procedures of the Illinois Procurement Code [30 ILCS 500 ] as opposed to the goods and services governed by the standard procurement rules of the Department of Central Management Services, the Department nevertheless recognizes the value of competition and therefore issues Request for Proposals (RFPs) in the following situations:
1) The
Department shall issue a RFP for all new service initiatives over $25,000
except where the RFP is required by Federal regulations such as 45 CFR 74. The
Director shall waive the RFP requirement when a determination is made that an
emergency exists. An emergency shall include, but not be limited to, the
following situations:
A) When the service
initiative is immediately needed to prevent interruption in services to current
clients, or
B) The service
initiative is immediately needed to assure the clients' health and
welfare.
2) In addition,
the Department shall issue RFPs for service contracts (except for substitute
care and day care) over $50,000 at least once every 6 years. However,
comprehensive community-based youth services provided through local boards or
local service systems shall be reviewed once every 4 years in accordance with
Department of Human Services' requirements found in 89 Ill. Adm. Code 334
(Administration and Funding of Community-Based Services to Youth). When
requests for proposals are issued, purchase of service providers shall submit a
response in accordance with the RFP in order to be considered for contracts for
the fiscal year specified. When an RFP is not required, subsequent contracts
may be negotiated and renewed at the Department's discretion without recourse
to a RFP. The Department will review such contracts in order to determine that
the provider is complying with the provisions of the current contract and
providing effective services that meet the needs of the Department's
clients.
3) When equal proposals
for family preservation services have been submitted to the Department,
not-for-profit corporations are to be given preference over for-profit
corporations.
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