Ill. Admin. Code tit. 89 § 650.90

Current through Register Vol. 48, No. 43, October 25, 2024

Section 650.90 - Awarding of Facilities

a) A licensed vendor or a graduate of training holding appropriate certifications may bid on an available facility for which he or she is certified under Section 650.70. Before a vendor may bid on a facility, a current annual evaluation is required to be on record.

b) DHS shall send notification of all facility openings to all vendors and to individuals certified under Section 650.60. The bid announcement will include:

1) location of the available facility;

2) type of facility (i.e., retail, food service or vending machine, or combination);

3) types of certifications necessary based on the make-up of the facility (e.g., retail, food service or vending);

4) requirements of the vacant position based on the type of facility and the conditions contained in the permit or agreement with the management of the building in which the facility is located;

5) anticipated income from the facility based upon profit and loss statements for existing facilities and projections based on the profit and loss statements for the previous three to six months for new facilities, if available;

6) the date by which the bid shall be received, which date shall be within 15 days following the date of notification. Receipt shall mean the bid is received at Business Enterprise Program for the Blind, Central Office, 809 Commercial Ave, Springfield IL 62703 by 5:00 p.m. on the date designated in the bid;

7) a statement indicating that the vendor may submit a self-analysis of his/her performance;

8) the estimated value of inventory of merchandise; and

9) the Program's Bid Application (IL488-2048).

c) Every licensed and appropriately certified vendor and appropriately certified graduate of training, under Section 650.60, who has bid for an open facility must be interviewed in-person and evaluated by the Selection Committee. The Selection Committee shall consist of: the DHS-DRS Supervisor of Personnel and Training, who shall chair the Committee; a DHS-DRS VR Counselor for the blind; two vendors agreed upon by the ICBV Chair and by the Chair of the Selection Committee. In the event an agreement cannot be reached by DHS and the ICBV Chair, each shall select a vendor.

1) Within 30 days after bids have been received by DHS, the Selection Committee shall meet and complete its part of the selection process.

2) The Chair shall provide an agenda to the Selection Committee, set the location for the interview, and ensure all relevant information and forms are available in an accessible format as required by the individual committee member, which includes:

A) a complete and signed Program Bid Application (IL488-2048) for each appropriately certified applicant bidding on the facility;

B) when applicable, the most recent Annual Evaluation (IL488-2047) of each applicant prepared by the business consultant. If available, a written analysis of the criteria in subsection (d) of this Section, based on the applicant's previous 12 months, shall be included with the annual evaluation;

C) Profit and Loss statements from the preceding 12 months for each vendor bidding, or whatever portion is available;

D) a written self-analysis of performance during the prior 12 months (this requirement is not mandatory but is highly desirable);

E) the bid announcement for the facility;

F) Rating Forms (IL488-2049) for the Selection Committee members; and

G) a copy of proposed Selection Committee questions developed by Program staff and/or the Selection Committee.

3) The Selection Committee shall review this Section and the procedures for the Selection Committee, interview and score each applicant, and submit all completed Committee Member Rating Forms to the Chair of the Selection Committee.

4) The discussions held during a Selection Committee meeting shall be confidential (89 Ill. Adm. Code 505) and filed in a separate file. However, the Selection Committee's numerical ratings, without names or other identifying information, shall be made available to the applicants upon request, if there are more than two applicants. An individual's rating shall be made known to the individual upon request.

d) The Selection Committee shall assess the following criteria, as applicable to the facility. The criteria are not listed in priority order.

1) Customer Relations - the ability to relate to and communicate with customers in a positive manner;

2) Business Practices - use of good business practices set forth in Section 650.100;

3) Reliability - the extent to which the applicant carries out his/her facility responsibilities, in compliance with this Part;

4) Discipline - oral and written reprimands within the previous 12 months and suspensions imposed within the previous two years from the date the bid is due. Information from proposed disciplinary actions and grievances of those actions shall also be made available;

5) Mechanical Aptitude - the ability to operate and maintain the equipment at the current facility, as well as equipment at the facility to be awarded;

6) Handling Equipment Problems - the ability to determine and correct equipment failures in a timely manner;

7) Work Experience - the previous work experience in the Program, including the kinds of facilities at which the applicant has worked and previous work experience outside the Program;

8) Employee Management Skills - the ability to supervise employees and other leadership abilities;

9) Organizational Skills - the ability to plan, implement, and complete facility functions;

10) Physical Stamina - the ability to meet the physical demands of the facility;

11) Orientation and Mobility Skills - the ability to move about and function safely in and around the facility;

12) Employee Replacement - the ability to locate and utilize temporary employees when necessary;

13) Operational skills - whether or not operational standards (e.g. gross profit percentage, labor cost, menu preparation, customer service) were met in previous facilities; and

14) Financial Management - sound fiscal management of facility assets (e.g., handling cash receipts correctly, preparing necessary financial reports, maintaining security of program assets).

e) The facility shall be awarded to the applicant who is most qualified for that specific facility with the highest rating above 60% based upon the selection process described in subsection (c)(2).

f) If more than one applicant has received the same score from the Selection Committee, seniority shall be used to award the bid.

g) If the scores by the Selection Committee and seniority are equal, the licensed applicant who is not currently operating a facility will receive priority.

h) If there is not a successful bidder (i.e., no bidder receives at least 60%), the facility will be re-bid.

i) Any applicant who is dissatisfied by the bid award may appeal the decision under 89 Ill. Adm. Code 510.

j) Within two days after the decision to award a facility, DHS will send the successful applicant a written offer of the facility and a Vendor Agreement for that facility. Within five days after receipt of the offer, the vendor must mail the signed Vendor Agreement and a letter of acceptance to the supervisor. Within 10 days after receipt of the offer, the vendor must notify the supervisor of the date of resignation from the current facility; this date shall be no later than 40 days from the date of the written offer. Failure of the vendor to provide a date of resignation shall result in the effective day of resignation being the 40^th day.

k) If the applicant does not accept the offer within five days after the written offer, the facility shall be offered to the next highest ranking applicant with a score of 60% or higher. Unsuccessful bidders shall be notified in writing within two days after the acceptance of the facility by the successful bidder.

Ill. Admin. Code tit. 89, § 650.90

Amended at 34 Ill. Reg. 1535, effective January 19, 2010