SSJF Part I and Part II B-42925.pdf

Sole Source Justification Form

Version 7.01 Page 1 of 5

Bulletin Reference Number 25-444DHS-MENTH-B-42925

Requesting Agency/University llinois Department of Human Services

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

Department/Bureau/Section: Division of Mental Health

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

Project Title: FY25 DMH Colbert Consent Decree Court Monitor

Vendor: Kathryn DuPree, Crosswinds Consulting LLC

Provide a description of the supplies or services required:

Under the Colbert v. Pritzker Consent Decree, an independent and impartial Monitor was appointed to monitor compliance with the Decree. The Monitor, Kathryn DuPree, 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 Colbert v.

Pritzker 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: 279,000

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: 07/01/2024

Estimated Contract End Date: 06/30/2025

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)

Federal/State Grant Requires Contract with Vendor

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Bulletin Reference Number 25-444DHS-MENTH-B-42925

Requesting Agency/University llinois 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 10/01/2017 06/30/201 157,237.5 Colbert Court Monitor 45AW001293 Exemption

2 07/01/2018 06/30/2019 209,650 Colbert Court Monitor 45AX001293 Sole Source

3 07/01/2019 06/30/2020 220,132.2 Colbert Court Monitor 45AY001293 Sole Source

4 07/01/2020 06/30/2021 231,136.13 Colbert Court Monitor 45AZ001293 Sole Source

5 07/01/2021 06/30/2022 231,136.13 Colbert Court Monitor 4100141099 Sole Source

6 07/01/2022 09/30/2022 57,880.5 Colbert Court Monitor 4100158411 Sole Source

7 10/01/2022 06/30/2023 300,000 Colbert Court Monitor 4100165228 Sole Source

8 07/01/2023 6/30/2024 279,000 Colbert Court Monitor 4100174677 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:

Under the Colbert v. Pritzker 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.

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

- 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.

- Convene ongoing discussions with key legislators, GOMB, the Governor's Office related to fiscal implications and impact in complying with the Court's expectations of the settlement.

- Convene periodic meetings with key stakeholders, consumers, trade associations and others to obtain feedback on implementation strategies, challenges, outcomes and barriers.

- 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 a formal Semi-Annual report at the end of the fiscal year for submission to the Court and an Annual Report within 60 days after the end of the year of calendar year, regarding compliance with the Decree.

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

- Prepare monthly expense reports related to time served in preparation by reading, reviewing and processing information pertaining to the Consent Decree and implementation, and communication with key sources,

- Prepare monthly expense reports related to incurred cost for operating office space, if applicable.

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Bulletin Reference Number 25-444DHS-MENTH-B-42925

Requesting Agency/University llinois Department of Human Services

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?

Ms. Kathryn DuPree was appointed Court Monitor by Judge Lefkow at a status hearing on May 27, 2022.

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:

This vendor was appointed by the federal judge to monitor the Defendants’/States’ performance and compliance with the Consent Decree. No other vendor can be selected by the State, the Defendant in the lawsuit, to deliver these services or produce these products, as the final determination is made by the federal judge. This vendor was selected by the federal judge at the recommendation of the Parties and previous Court Monitor for her extensive experience in working on other Consent Decrees in other States.

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

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?

The price was determined by the court order. The Court Monitor, Crosswinds Consulting LLC , will be paid an hourly rate of $300/hr .

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?

The procurement of Kathryn DuPree as the Colbert v. Pritzker Consent Decree Court 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.

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-MENTH-B-42925

Requesting Agency/University llinois 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 May 6, 2024

Printed Name Ryan Cowan E-mail Address Ryan.Cowan@illinois.gov

Phone Number 217-524-7006

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 May 6, 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 5/8/2024

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

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Bulletin Reference Number 25-444DHS-MENTH-B-42925

Requesting Agency/University llinois Department of Human Services

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

Project Title FY25 DMH Colbert Consent Decree Court Monitor

Vendor Kathryn DuPree, Crosswinds Consulting LLC

Initial Date of Procurement Bulletin Posting May 8, 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

Her duties will include:

-Review and Evaluate data and information involved with the Colbert v. Pritzker 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.

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

- Convene ongoing discussions with key legislators, GOMB, the Governor's Office related to fiscal implications and impact in complying with the Court's expectations of the settlement.

- Convene periodic meetings with key stakeholders, consumers, trade associations and others to obtain feedback on implementation strategies, challenges, outcomes and barriers.

- 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 a formal Semi-Annual report at the end of the fiscal year for submission to the Court and an Annual Report within 60 days after the end of the year of calendar year, regarding compliance with the Decree.

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

- Prepare monthly expense reports related to time served in preparation by reading, reviewing and processing information pertaining to the Consent Decree and implementation, and communication with key sources,

- Prepare monthly expense reports related to incurred cost for operating office space, if applicable.