Description of Supplies and Services (Exhibit A)
The Illinois Department of Human Services -- Division of Rehabilitation Services (IDHS-DRS) requires the timely execution of all initial and amended contractual agreements. Providers will have 14 business days to sign and return the required contract documents issued by the State, which may include one or more of the following: initial contract signature page, amendment page, Financial Disclosures and Conflicts of Interest, and the Taxpayer Identification Page. Non-compliance may result in a modified start date of the contract to align with the Provider's submission of the required execution documents. Providers will not be reimbursed for services provided in advance of the modified start date. When a contract amendment is issued to reduce the value of the contract, non-compliance may result in the full de-obligation of the contract balance regardless of the amended amount.
This contract is for purchase of care services related to the Vocational Rehabilitation Program between IDHS-DRS and the Provider named previously in this agreement, and thereafter referred to as Provider.
The services provided by the Provider are only available to students with disabilities who need Pre-Employment Transition Services (Pre-ETS) and who are potentially eligible for the IDHS-DRS program. IDHS-DRS must approve and authorize the Pre-ETS provided under this contract prior to any provision of those services. The Early Start PECT Program Agreement will list the Pre-ETS approved along with the service dates. No services may be provided prior to the start date on Early Start PECT Program Agreement form. A student with a disability in Illinois is defined as one who will be at least 14 and not older than 21 years of age or fall under Public Act 102-0172 which extends eligibility to the end of the regular school year for students whose 22nd birthday falls within a regular school term. The individual must be in a secondary education program and must be eligible for and receiving special education or related services under Part B of the Individuals with Disabilities Education Act (IDEA) or is a student who is an individual with a disability for purposes of section 504 of the Federal Register.
Pre-ETS provide an early start to job exploration and assist students with disabilities in identifying career interests which may be further pursued through additional IDHS-DRS services, such as transition services and other individualized VR services. The five required Pre-ETS services outlined in 34 CFR 361.48(a)(2) include:
a. job exploration counseling
b. work-based learning experiences
c. counseling on opportunities for enrollment in comprehensive transition or post-secondary educational programs at institutions of higher education
d. workplace readiness training to develop social skills and independent living
e. instruction in self-advocacy
To qualify, individuals must: be at least 14 and not older than 21 years of age, or fall under Public Act 102-0172 which extends eligibility to the end of the regular school year for students whose 22nd birthday falls within a regular school term; be enrolled in an education program; have a documented disability with an IEP, 504 Plan, medical records, or documentation from a physician, and not already a participant in VR services. Individuals who have been determined eligible for the IDHS-DRS VR program cannot be served under this contract. Participation can continue while all criteria are met.
Services related to a student's disability, such as sign language interpreters, reader services or mobility instruction services can also be provided to the potentially eligible student. No individualized VR services, such as purchasing items needed for work, transportation, or other individualized services can be provided to these students.
One or more of the five required Pre-ETS can be provided.
1. Job Exploration Counseling: Career exploration, which may be provided in a group setting or individually, based on the unique needs of the student with a disability focusing on in-demand industries/occupations, nontraditional employment options, state and local labor markets, and career pathways, that goes beyond what is provided by the education agency as a transition service under the IDEA. Enhanced opportunities for students to participate in job exploration counseling activities leading to a greater awareness and understanding of careers and employment options. Services under this contract are augmented and stackable services that are separate from, or in addition to those IDEA transition services already provided by the education agency.
2. Work-based learning experiences (WBLE): Enhanced opportunities for students with disabilities to practice and improve workplace skills in competitive integrated work settings which goes beyond what is provided by the education agency as a transition service under the IDEA and may include in-school or after school opportunities, or experiences outside the traditional school setting (including internships). WBLE may be provided in a group setting or individually, based on the unique needs of the student with a disability, and may include the following types of work-based learning experiences: job shadowing, informational interviews, workplace tours, internships, and other paid or unpaid work experiences. The Provider secures sites for the WBLE in the community in competitive integrated employment settings to the maximum extent possible (approved by the IDHS-DRS counselor) that are compatible with students' interests and needs. An exhaustive effort to provide these in an integrated setting must occur, prior to the consideration of providing these in a non-integrated work setting. To the maximum extent possible, these should be actual work experiences in an integrated community environment to prepare students for competitive integrated employment. Those that segregate or replicate sub-minimum work will not count under this contract.
3. Counseling on opportunities for enrollment in comprehensive transition or Post-Secondary Education programs at institutions of higher education: : Counseling on opportunities for enrollment in comprehensive transition or post-secondary education programs at institutions of higher education. These services may be provided in a group setting or individually, based on the unique needs of the student with a disability, and may include: Advising students and parents or representatives on academic curriculum, providing information about college applications and admission processes, completing forms for financial aid, or learning to locate providing disability support services. These services are designed to provide resources used to support student success in education/training, and counsel students on the types of academic and occupational training needed to succeed in the workplace that are available at institutions of higher education.
4. Workplace Readiness Training: Services may be provided in a group setting or individually, based on the unique needs of the student with a disability, and activities. Workplace Readiness Training will provide them with opportunities to practice and apply their knowledge of employer expectations related to communication, time management, personal care, and other employability skills such as orientation and mobility, financial literacy/budgeting, social skills/interpersonal skills, independent living skills, and job seeking skills.
5. Instruction in Self-Advocacy: Services may be provided in a group setting or individually, based on the unique needs of the student with a disability, and include, learning about their rights, responsibilities, and how to request accommodations or services as well as being able to communicate any thoughts, concerns or needs while seeking services, and making decisions about their own life. These services may include specific activities that will help the student strengthen their self-awareness, self-determination, decision-making, and leadership skills. Mentoring with educational staff, employers, and individuals in the community are opportunities to practice their skills.
Milestones/Deliverables: (Exhibit B)
The Provider will provide outreach and education about their program to students in their local coverage areas. Completion of the Early Start PECT Program Services Intake form, including parental permission is required. Submission of required documentation of disability such as the IEP, 504 plan, medical records, or other documentation of disability will be submitted with the referral.
In addition, the Provider will complete the Early Start PECT Program Agreement form to include the customer's name and the suggested Pre-ETS to be provided to the Local IDHS-DRS Office. Only a qualified IDHS-DRS staff can determine if the customer is potentially eligible and the determine the Pre-ETS to be provided based on the information submitted. Upon final determination, the Service Dates and the Qualification for Services Section will be completed and signed by IDHS-DRS and returned to the Provider. This serves as the authorization for services to begin. No services can be provided prior to this authorization.
Completion of the Knowledge Check document after service provision, developed by IDHS-DRS, for the identified Pre-ETS are required to demonstrate progress. Results will be shared quarterly.
Monthly, progress notes on the services provided will be submitted with the billing, the Early Start PECT Program Flow Chart. This will be submitted to the Local IDHS-DRS Office and IDHS-DRS Contract Advisor monthly, by the by the 15th of the month, or the following business day if this falls on a weekend or holiday, following services.
Provider will secure sites for WBLE in the community in competitive integrated employment settings to the maximum extent possible, as approved by the IDHS-DRS counselor, that are compatible with the students interests and needs. Provider will obtain appropriate wage compensation for students in accordance with state and federal labor laws.
The Provider will meet with the Local IDHS-DRS Office and the Local Education Agency (LEA) at least twice a year to discuss collaboration, and any issues or concerns. The purpose of this is to encourage and increase communication between IDHS-DRS, the LEA, and the Provider.
The Provider agrees that services under these contracts will be provided only to individuals that meet the WIOA definition of a potentially eligible individual. Once these criteria change, or the customer needs individualized VR services, then the case must progress to Eligibility, and they are no longer eligible for the Early Start PECT Program contract services.
The following reporting and billing requirements apply:
1. The Provider must submit to both the IDHS-DRS Local Office(s), where the customers are served, and IDHS-DRS Contract Advisor the Early Start PECT Program Flow Chart and progress notes either by fax, e-mail and/ or regular mail, at least quarterly, by the 15th of the month, or the following business day if this falls on a weekend or holiday, following services. Early Start PECT Program Flow Chart must include all required information.
2. If there is no billing for that month, an e-mail can be sent stating that to the IDHS-DRS Contract Advisor. Email the Local IDHS-DRS Office, as requested.
3. A roster of customers on the contract for the Fiscal Year will be sent with the monthly billing to the IDHS-DRS Office and the IDHS-DRS Contract Advisor. This will assist with forecasting utilization needs on the contract.
4. On Site reviews of contractual requirements, including Provider files, will be performed every three years. Based on findings, a Corrective Action Plan may be issues, with a return visit within a six-month time frame to assess compliance.
5. Final reconciliation of a contractual agreement will follow prescribed timeframes communicated annually, or final payment could be delayed, or even denied.
The following information is critical to ensure timely payments and program operations:
- Incomplete, inaccurate forms required for payment will result in delayed payments.
- Non-compliance per Provider Responsibilities/Assurances may result in suspension of payments until IDHS-DRS is satisfied that compliance concerns have been addressed.
- The final billing should be clearly marked as such on all forms required for payment.
Providers are required to comply with all provisions outlined in 2 CFR 200.327 Contract Provisions, Appendix II to Part 200 - Contract Provisions for Non-Federal Entity Contracts Under Federal Awards.
In addition to other provisions required by the Federal agency or non-Federal entity, all contracts made by the non-Federal entity under the Federal award must contain provisions covering the following, as applicable.
(A) Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.
(B) All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be affected and the basis for settlement.
(C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor."
(D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti-Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.
(E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.
(F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement" under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency.
(G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended-Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
(H) Debarment and Suspension (Executive Orders 12549 and 12689)-A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.
(I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)-Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.
(J) See § 200.323.
(K) See § 200.216.
(L) See § 200.322.
Pricing (Exhibit C)
Early Start PECT Program:
Job Exploration Counseling: Up to XX customers can be served at a rate of XX each.
Work-Based Learning Experiences: Up to XX customers can be served at a rate of XX each.
Counseling on Post-Secondary Education: Up to XX customers can be served at a rate of XX each.
Workplace Readiness Training: Up to XX customers can be served at a rate of XX each.
Instruction in Self-Advocacy: Up to XX customers can be served at a rate of XX each.
Providers submits billings for payment upon completion of Pre-ETS. The Provider must submit both to the IDHS-DRS Local Office(s), where customers are served, and IDHS-DRS Contract Advisor the Early Start PECT Program Flow Chart and progress notes on all IDHS-DRS customers served by fax, e-mail and/or regular mail, monthly, by the 15th of the month, or the following business day if that falls on a weekend or holiday, following services.
Notwithstanding the content outlined in Section 2 Pricing and Section 2 subsection's Types of Pricing and Price for the Initial Term, changes or modifications to Providers Pricing are strictly prohibited without prior written approval from the IDHS-DRS Transition and Community Rehabilitation Services Manager. Modifications made without prior written approval will not be reimbursed by the Division of Rehabilitation Services. Nothing in this section shall be construed to affect the meaning of the Section Maximum Amount.
Funding may not be used to pay for alcoholic beverages; and cannot be used to pay for entertainment, which includes costs for amusement, diversion, and social activities. A Provider hosting a meeting or conference may not use funds to pay for food for conference attendees unless doing so is necessary to accomplish the legitimate meeting or conference business. Providers must receive written pre-approval to use grant funds to host a meeting or conference that includes food. Furthermore, all meeting or conference materials or publicity of any nature paid for with these funds must include appropriate disclaimers that identify the Department of Human Services, Division of Rehabilitation Services as the sponsoring agency and must not be released without prior written approval from the State's Authorized Representative.
All publicity and/or public action must also include a provision that the contents do not necessarily represent the policy of the Department of Human Services, Division of Rehabilitation Services nor is it an endorsement. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Provider individually or jointly with others, with respect to the program, publications, or services provided resulting from the grant agreement or subsequent amendments.
Performance Measures (Exhibit E)
Performance measures will be reported monthly to the IDHS-DRS Contract Advisor on the Early Start PECT Program Flow Chart. The Knowledge Checks will be measured quarterly.
1. Number of customers referred that participated in Job Exploration Counseling activities.
2. Number of customers referred that participated in Work Based Learning activities.
3. Number of customers referred that participated in Counseling on Post-Secondary Education activities.
4. Number of customers referred that participated in Workplace Readiness activities.
5. Number of customers referred that participated in Instruction in Self-Advocacy activities.
Performance Standards (Exhibit F)
If these baseline requirements are not met for two consecutive years, a corrective action plan may be initiated.
1. 100% of the customers will meet the criteria for potentially eligible for VR services.
2. At least 60% of customers referred for Job Exploration Counseling, demonstrated understanding of this topic.
3. At least 50% of customers referred for Work-Based Learning Experiences, demonstrated understanding of this topic.
4. At least 70% of customers referred for Counseling on Post-Secondary Education, demonstrated understanding of this topic.
5. At least 70% of customers referred for Workplace Readiness Training, demonstrated understanding of this topic.
6. At least 70% of customers referred for Self-Advocacy, demonstrated understanding of this topic.
7. At least 90% of customers referred, received services under at least one Pre-ETS category.
