SSJF Part I and II DHS B-41468.pdf

Sole Source Justification Form

Version 7.01 Page 1 of 6

Bulletin Reference Number 25-444DHS-DEVDI-B-41468

Requesting Agency/University Illinois Department of Human Services

Sole Source Justification Form - Part I Section I - General Information

Department/Bureau/Section: Illinois Dept of Human Services, Division of Developmental Disabilities

Need Identified Date: Jan 24, 2024 Supply/Service Need By Date: Jul 1, 2024

Project Title: Ligas Consent Decree - Court Monitor

Vendor: Ronnie Cohn

Provide a description of the supplies or services required:

The purpose of this request is to procure the services of a court appointed monitor for the Stanley Ligas, et al. v. Hamos, et al. litigation - Case No. 1:05-cv-04331.

Ronnie Cohn, the current court appointed Court Monitor, will submit periodic reports to the Court and Parties and seek to resolve any disputes that may arise regarding compliance and implementation. Her duties will include:

-Review and Evaluate data and information involved with the Ligas Consent Decree, -Evaluate Defendants' compliance with the Decree, -Identify actual and potential areas of non-compliance with the Decree, -Mediate disputes between the Parties of the Decree and bring issues and recommendations for dispute resolution to the Court.

Value: Estimated Value of Initial Term, this Change Order or Amendment: 305,850

Will this Sole Source amend a Professional or Artistic Services contract? Yes No

*Sole Source may not be used for amendments for Professional or Artistic Services if the amendment would increase the value by more than 5% of the initial award or extend the term by more than 60 days.

Type: New Sole Source

Section II - Proposed Term

One-Time Purchase Term Contract

Estimated Contract Begin Date: Jul 1, 2024

Estimated Contract End Date: June 30, 2025

Number of Potential Renewals:

Length of Each Renewal in Months:

Total Value of All Renewals:

If a Term Contract, does the term, including renewals, exceed 12 months? Yes No

Section III - Funding Source Select the type of funding to be used (Check all that apply): State Appropriate Funds Federal Funds Other (Explain):

Section IV - Sole Source Justification

This purchase is economically only available from a single source primarily because it is: (If "Other" explain in one sentence)

Court-ordered monitor for Ligas Consent Decree

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Bulletin Reference Number 25-444DHS-DEVDI-B-41468

Requesting Agency/University Illinois Department of Human Services

Are there secondary justification(s) for this sole source? Yes No

Section V - Purchase History

Has the Agency or University Purchased these supplies or services in the past? Yes No

Term Term From Term To Value Description Contract Number Type

1 07/01/2015 06/30/2017 426,500 Court Appointed Monitor 44CUA03249 Exemption

2 07/01/2017 06/30/2018 213,250 Court Appointed Monitor 44WUA03249 Renewal

3 07/01/2018 08/31/2018 40,000 Court Appointed Monitor 44CUA03249 Emergency

4 09/04/2018 06/30/2019 203,250 Court Appointed Monitor 44LIGAS001 Sole Source

5 07/01/2019 06/30/2020 243,250 Court Appointed Monitor 44LIGAS002 Sole Source

6 07/01/2020 06/30/2021 284,850 Court Appointed Monitor Z44LIGAS001 Sole Source

7 07/01/2021 06/30/2022 284,850 Court Appointed Monitor A44LIGAS001 Sole Source

8 04/15/2022 06/30/2022 34,750 Court Appointed Monitor A44LIGAS001 Sole Source

9 07/01/2022 06/30/2023 284,850 Court Appointed Monitor BBLIGAS001 Sole Source

10 07/01/2023 Jun 30, 2024 305,850 Court Appointed Monitor CCLIGAS001 Sole Source

If more than 10, or if other comments, explain:

Section VI - Business Rationale

1. Provide a detailed explanation of the need for the supplies or services:

The United States District Court for the Northern District of Illinois has granted the motion for the appointment of a monitor in the above litigation referred to as the Ligas Lawsuit.

On June 15, 2011, a Consent Decree was signed by the Court in the Ligas lawsuit. In the Notification of Docket Entry for this case, on July 11, 2011, the Honorable James F. Holderman granted the joint motion to appoint a monitor. The monitor appointed was Tony Records who retired effective July 1, 2015. Ronnie Cohn was then appointed and assumed the role of Ligas Court Monitor effective July 1, 2015.

The Consent Decree identifies two groups of class members:

A. Adult individuals in Illinois with developmental disabilities who qualify for Medicaid Waiver services, who reside in private Intermediate Care Facilities for the Developmentally Disabled (ICFs/DD) with nine or more residents and who affirmatively requested to receive community-based services.

B. Adult individuals in Illinois with developmental disabilities who qualify for Medicaid Waiver services, who reside in a family home or are in need of community-based services or settings, and who affirmatively requested to receive community-based services.

Under the Consent Decree, an independent and impartial Monitor was appointed to monitor compliance with the Decree. Monitor must submit periodic reports to the Court and Parties, and seek to resolve any disputes that may arise regarding compliance and implementation. Monitor will ensure the State does not incur further needless litigation costs. The Court Monitor will avoid the forced allocation of State funds, under the appointment and direction of a Federal Monitor, if the State is not in compliance with the Implementation Plan.

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Bulletin Reference Number 25-444DHS-DEVDI-B-41468

Requesting Agency/University Illinois Department of Human Services

2. Provide a list and describe in detail the specifications required to satisfy the need:

The tenets of the Decree will assist the Division in expanding its community-based system to meet the growing demand for those services, while continuing to honor an individual's choice in deciding on the types of services and settings he or she prefers in order to live a personally fulfilling and productive life. The Decree includes the following items:

A. Services for Individuals Currently Residing in ICFs/DD Within six years of approval of the Decree, all individuals who were living in ICFs/DD as of the effective date of the Decree and had affirmatively requested community services moved to community-based services. Services must have be implemented for one-third of all such individuals every two years of the six-year period. After the initial six-year period, the State is responsible for continuing to support those individuals in ICFs/DD in transiting into waiver services as they become ready. This remains a continued need.

B. Services for Individuals Currently Residing at Home The State will continue to expeditiously serve all people who meet the established crisis criteria. There will be no limit to the number of people who meet the crisis criteria served by the Division.

For those individuals on the waiting list, as defined in the Decree, the State agrees to serve 3,000 of these individuals over the next six years (1,000 within the first two years and 500 each year the next four years) in home-based support services and community-based residential settings. Due to not meeting the initial requirements, the State’s obligation continues as it relates to selecting individuals from Prioritization of Urgency of Need for Services (PUNS) at a reasonable pace

C. Other General Provisions "Evaluations and service plans will be focused on individual desires and goals and will not be limited by existing services. The State, however, will not be required to develop or offer services that are not part of the approved waiver or Medicaid State Plan.

"The Department of Human Services will seek sufficient funds in annual budget requests to develop and maintain the services described in the Decree.

"The State will pay attorneys' fees incurred in the amount of $1,740,000 to Class Counsel and $500,000 to Interveners' Counsel.

"A monitor will be appointed by the Court to oversee compliance with the Decree and report on progress to the Court on an annual basis. After nine years of the approval of the Decree, the State may petition the Court to terminate the monitoring.

The duties of the monitor include:

- Evaluate Defendant's compliance with the Decree. Convene continuous planning and strategy meetings with each co-defendant on responsible area of functionality and how they individually and collective will respond to these expectations.

- Convene monthly meeting with the Parties' to review the status of implementation and any related critical issues or challenges.

- Identify actual and potential areas of non-compliance with the Decree. Work with Parties to identify corrective actions.

- Mediate disputes between the Parties.

- Serve as principle conduit to bring issues and recommendations for dispute resolution to the attention of the Court.

- Prepare formal reports for submission to the Court regarding compliance with the Decree.

- File additional reports, as necessary or upon request by the Court.

3. Provide detail explaining the justification selected in Section IV to explain why the requested supplies or services are the only ones available that can satisfy the agency or university requirements?

The court stated that Ronnie Cohen was appointed as Court Monitor.

4. What are the unique features of the supplies or services that are not available in any other product or by any other vendor? Provide specific quantifiable factors/qualifications:

In the Notification of Docket Entry for this case, on July 11, 2011, the Honorable James F. Holderman granted the joint motion to appoint a monitor. Ronnie Cohn was subsequently appointed to the role of Ligas Court Monitor effective July 1, 2015.

5. Has the Agency or University considered alternative supplies or services to satisfy their need? Yes No

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Bulletin Reference Number 25-444DHS-DEVDI-B-41468

Requesting Agency/University Illinois Department of Human Services

5a. If no, why weren't alternatives evaluated?

The Court Monitor is appointed by the Courts.

6. Are there resellers or distributors?

Yes No N/A

7. What efforts were made to get the best possible price (i.e. did the agency/university negotiate) and how did you determine the price for this purchase is considered fair and reasonable?

Price was determined by the court order.

8. Will this purchase obligate the State to this vendor for future purchases such as maintenance, licensing or continuing need?

Yes No

9. What will be the financial or other impact to the State if this sole source is not approved and a competitive bid is required?

This procurement relates to Court Order dated July 11, 2011. By hiring a monitor, DHS will ensure the State does not incur further needless litigation costs. The Court Monitor will avoid the forced allocation of State funds and this procurement is legally required by the United States District Court for the Northern District of Illinois - Eastern Division. If this procurement is not approved, the risk of further litigation against the Department and the appointment of a Federal Court Monitor is likely.

10. Is there any additional information you would like to add to justify this sole source?

N/A

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Bulletin Reference Number 25-444DHS-DEVDI-B-41468

Requesting Agency/University Illinois Department of Human Services

Section VII

Requesting Department Representative

Requesting Department Signature Required

I know and understand the contents of this Sole Source Justification and attest that all statements are true and correct and the fairness and reasonableness of the price was adequately confirmed.

Date Feb 7, 2024

Printed Name Elizabeth Solomon E-mail Address elizabeth.solomon@illinois.gov

Phone Number 217-557-5872

State Agency Bureau/Division Head or University Purchasing Director Approval and Signature Required

I know and understand the contents of this Sole Source Justification and attest that all statements are true and correct and the fairness and reasonableness of the price was adequately confirmed. (All prior form fields will lock once this e-signature is completed)

E-mail Address Jean.Sandstrom@illinois.gov

Phone Number 217-557-9298 Date Feb 7, 2024

Printed Name Jean Sandstrom

Agency Bureau/Division Head or University Purchasing Director and Not a Designee

SPO Approval and Signature Required

I have reviewed and understand the contents of this Sole Source Justification and agree with the State Agency or University determination.

I have reviewed and understand the contents of this Sole Source Justification and do not agree with the State Agency or University determination. As a result, the State Agency or University must explore other sourcing methods to satisfy their need.

State Purchasing Officer Signature Phone Number (217)494-1351 Date 2/7/2024

Printed Name Adrienne Grover E-mail Address adrienne.grover@illinos.gov

Version 7.01 Page 6 of 6

Bulletin Reference Number 25-444DHS-DEVDI-B-41468

Requesting Agency/University Illinois Department of Human Services

Sole Source Justification Form - Part II Section I - General Information

Project Title Ligas Consent Decree - Court Monitor

Vendor Ronnie Cohn

Initial Date of Procurement Bulletin Posting Feb 14, 2024

Was a Sole Source hearing held per 30 ILCS 500/20-25?

Yes - Complete Section II and III below (Section II will only be visible when this option is selected)

No - Section II not required, go to Section III below Section III - CPO Approval and Signature Required

Based on my review, I authorize the Agency/University to proceed in accordance with the published Notice referenced above.

Based upon my review, I authorize the Agency/University to proceed with the following Changes.

Based on my review, the Agency/University is not authorized to proceed with this sole source as presented and my recommendation is that it be cancelled.

Other

CPO Signature CPO Phone 217-558-2231

Printed Name Ellen H. Daley Date

CPO E-mail Ellen.H.Daley@illinois.gov

Version 7.01 Page of Sole Source Justification Form - Part I Section I - General Information Will this Sole Source amend a Professional or Artistic Services contract?

If yes, what was the original contract value?

*Sole Source may not be used for amendments for Professional or Artistic Services if the amendment would increase the value by more than 5% of the initial award or extend the term by more than 60 days.

Section II - Proposed Term If a Term Contract, does the term, including renewals, exceed 12 months?

If yes, provide a detailed justification including any economic benefit received for agreeing to a multi-year term:

Section III - Funding Source Select the type of funding to be used (Check all that apply):

Section IV - Sole Source Justification Are there secondary justification(s) for this sole source?

Section V - Purchase History Has the Agency or University Purchased these supplies or services in the past?

Term Term From Term To Value Description Contract Number Type Section VI - Business Rationale

1. Provide a detailed explanation of the need for the supplies or services:

2. Provide a list and describe in detail the specifications required to satisfy the need:

3. Provide detail explaining the justification selected in Section IV to explain why the requested supplies or services are the only ones available that can satisfy the agency or university requirements?

4. What are the unique features of the supplies or services that are not available in any other product or by any other vendor? Provide specific quantifiable factors/qualifications:

5. Has the Agency or University considered alternative supplies or services to satisfy their need?

5a. If yes, name the alternative vendors whose supplies or services were evaluated:

5b. If yes, what were the alternatives for each vendor and why were they unacceptable? Be specific with regard to features, characteristics, requirements, capabilities and compatibility:

5c. Explain how the market evaluation was conducted?

*This evaluation is to determine available options within a market. If the evaluation is to determine quality or best suited option, this is not the appropriate source selection. Under no circumstances shall the evaluation consist of testing alternative options. These activities must be conducted in a competitive transparent environment (i.e. IFB or RFP).

5a. If no, why weren't alternatives evaluated?

6. Are there resellers or distributors?

7. What efforts were made to get the best possible price (i.e. did the agency/university negotiate) and how did you determine the price for this purchase is considered fair and reasonable?

8. Will this purchase obligate the State to this vendor for future purchases such as maintenance, licensing or continuing need?

8a. If yes, please provide details regarding future obligations and/or needs:

9. What will be the financial or other impact to the State if this sole source is not approved and a competitive bid is required?

10. Is there any additional information you would like to add to justify this sole source?

Section VII Requesting Department Signature Required I know and understand the contents of this Sole Source Justification and attest that all statements are true and correct and the fairness and reasonableness of the price was adequately confirmed.

State Agency Bureau/Division Head or University Purchasing Director Approval and Signature Required I know and understand the contents of this Sole Source Justification and attest that all statements are true and correct and the fairness and reasonableness of the price was adequately confirmed. (All prior form fields will lock once this e-signature is completed) SPO Approval and Signature Required Sole Source Justification Form - Part II Section I - General Information Was a Sole Source hearing held per 30 ILCS 500/20-25?

Section II - Sole Source Hearing Details The State posted to the Illinois Procurement Bulletin a description of the State's need, the justification for the sole source decision, and information regarding the opportunity to submit comments and testify at a public hearing. Notice of the hearing was also posted outside of the hearing room 48 hours prior to the hearing.

The public hearing was conducted for the purpose of receiving testimony regarding the sole source determination. The Hearing Officer recommends the following:

The following relevant documents are attached:

Section III - CPO Approval and Signature Required 9.0.0.2.20101008.1.734229 Ellen.H.Daley@illinois.gov

Ronnie Cohn, the current court appointed Court Monitor, will submit periodic reports to the Court and Parties and seek to resolve any disputes that may arise regarding compliance and implementation. Her duties will include:

-Review and Evaluate data and information involved with the Ligas Consent Decree, -Evaluate Defendants' compliance with the Decree, -Identify actual and potential areas of non-compliance with the Decree, -Mediate disputes between the Parties of the Decree and bring issues and recommendations for dispute resolution to the Court.

On June 15, 2011, a Consent Decree was signed by the Court in the Ligas lawsuit. In the Notification of Docket Entry for this case, on July 11, 2011, the Honorable James F. Holderman granted the joint motion to appoint a monitor. The monitor appointed was Tony Records who retired effective July 1, 2015. Ronnie Cohn was then appointed and assumed the role of Ligas Court Monitor effective July 1, 2015.

The Consent Decree identifies two groups of class members:

A. Adult individuals in Illinois with developmental disabilities who qualify for Medicaid Waiver services, who reside in private Intermediate Care Facilities for the Developmentally Disabled (ICFs/DD) with nine or more residents and who affirmatively requested to receive community-based services.

B. Adult individuals in Illinois with developmental disabilities who qualify for Medicaid Waiver services, who reside in a family home or are in need of community-based services or settings, and who affirmatively requested to receive community-based services.

Under the Consent Decree, an independent and impartial Monitor was appointed to monitor compliance with the Decree. Monitor must submit periodic reports to the Court and Parties, and seek to resolve any disputes that may arise regarding compliance and implementation. Monitor will ensure the State does not incur further needless litigation costs. The Court Monitor will avoid the forced allocation of State funds, under the appointment and direction of a Federal Monitor, if the State is not in compliance with the Implementation Plan.

Q2Answer: The tenets of the Decree will assist the Division in expanding its community-based system to meet the growing demand for those services, while continuing to honor an individual's choice in deciding on the types of services and settings he or she prefers in order to live a personally fulfilling and productive life. The Decree includes the following items:

A. Services for Individuals Currently Residing in ICFs/DD Within six years of approval of the Decree, all individuals who were living in ICFs/DD as of the effective date of the Decree and had affirmatively requested community services moved to community-based services. Services must have be implemented for one-third of all such individuals every two years of the six-year period. After the initial six-year period, the State is responsible for continuing to support those individuals in ICFs/DD in transiting into waiver services as they become ready. This remains a continued need.

B. Services for Individuals Currently Residing at Home The State will continue to expeditiously serve all people who meet the established crisis criteria. There will be no limit to the number of people who meet the crisis criteria served by the Division.

For those individuals on the waiting list, as defined in the Decree, the State agrees to serve 3,000 of these individuals over the next six years (1,000 within the first two years and 500 each year the next four years) in home-based support services and community-based residential settings. Due to not meeting the initial requirements, the State’s obligation continues as it relates to selecting individuals from Prioritization of Urgency of Need for Services (PUNS) at a reasonable pace

C. Other General Provisions "Evaluations and service plans will be focused on individual desires and goals and will not be limited by existing services. The State, however, will not be required to develop or offer services that are not part of the approved waiver or Medicaid State Plan.

"The Department of Human Services will seek sufficient funds in annual budget requests to develop and maintain the services described in the Decree.

"The State will pay attorneys' fees incurred in the amount of $1,740,000 to Class Counsel and $500,000 to Interveners' Counsel.

"A monitor will be appointed by the Court to oversee compliance with the Decree and report on progress to the Court on an annual basis. After nine years of the approval of the Decree, the State may petition the Court to terminate the monitoring.

The duties of the monitor include:

- Evaluate Defendant's compliance with the Decree. Convene continuous planning and strategy meetings with each co-defendant on responsible area of functionality and how they individually and collective will respond to these expectations.

- Convene monthly meeting with the Parties' to review the status of implementation and any related critical issues or challenges.

- Identify actual and potential areas of non-compliance with the Decree. Work with Parties to identify corrective actions.

- Mediate disputes between the Parties.

- Serve as principle conduit to bring issues and recommendations for dispute resolution to the attention of the Court.

- Prepare formal reports for submission to the Court regarding compliance with the Decree.

- File additional reports, as necessary or upon request by the Court.