Full Text of HB6843 93rd General Assembly
HB6843 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 HB6843
Introduced 02/09/04, by Jay C. Hoffman SYNOPSIS AS INTRODUCED: |
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20 ILCS 3105/12 |
from Ch. 127, par. 782 |
30 ILCS 535/5 |
from Ch. 127, par. 4151-5 |
30 ILCS 535/15 |
from Ch. 127, par. 4151-15 |
50 ILCS 510/1 |
from Ch. 85, par. 6401 |
50 ILCS 510/3 |
from Ch. 85, par. 6403 |
50 ILCS 510/4 |
from Ch. 85, par. 6404 |
50 ILCS 510/5 |
from Ch. 85, par. 6405 |
50 ILCS 510/6 |
from Ch. 85, par. 6406 |
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Amends the Capital Development Board Act to provide, notwithstanding other provisions of the Act, that community college districts are subject to the Local Government Professional Services Selection Act and that universities and the Illinois Community College Board are subject to the Architectural, Engineering, and Land Surveying
Qualifications Based Selection Act. Amends the Architectural, Engineering, and Land Surveying
Qualifications Based Selection Act to provide that selection shall be conducted by the Capital Development Board on behalf of universities and the Illinois Community College Board unless waived by the Executive Director of CDB. Amends the Local Government Professional Services Selection Act (i) to provide that selection shall be conducted by the Capital Development Board on behalf of political subdivisions, including without limitation community college districts, for projects that are funded in whole or in part by the State unless waived by the Executive Director of CDB and (ii) to remove an exception to the requirements of the Act when the political subdivision "has a satisfactory relationship for services with one or more firms". Effective July 1, 2004.
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A BILL FOR
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HB6843 |
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LRB093 19511 RCE 46396 b |
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| AN ACT concerning procurement.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Capital Development Board Act is amended by | 5 |
| changing Section 12 as follows:
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| (20 ILCS 3105/12) (from Ch. 127, par. 782)
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| Sec. 12. Universities and community college districts.
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| Nothing in this Act shall be construed to include the power to
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| abrogate those powers vested in the boards of the local public | 10 |
| community
college districts and the Illinois Community College | 11 |
| Board by the Public
Community College Act, the Board of | 12 |
| Trustees of the University of Illinois, the
The
Board of | 13 |
| Trustees of Southern Illinois University,
the Board of Trustees | 14 |
| of Chicago State University, the Board of Trustees of
Eastern | 15 |
| Illinois University, the Board of Trustees of Governors State
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| University, the Board of Trustees of Illinois State University, | 17 |
| the Board of
Trustees of Northeastern Illinois University, the | 18 |
| Board of Trustees of Northern
Illinois University, and the | 19 |
| Board of Trustees of Western Illinois University,
hereinafter | 20 |
| referred to as Governing
Boards. In the exercise of the powers | 21 |
| conferred by law upon the Board and
in the exercise of the | 22 |
| powers vested in such Governing Boards, it is hereby
provided | 23 |
| that (i) the Board and any such Governing Board may contract | 24 |
| with
each other and other parties as to the design and | 25 |
| construction of any
project to be constructed for or upon the | 26 |
| property of such Governing Board
or any institution under its | 27 |
| jurisdiction; (ii) in connection with any such
project, | 28 |
| compliance with the provisions of the Illinois Purchasing Act | 29 |
| by
either the Board or such Governing Board shall be deemed to | 30 |
| be compliance
by the other; (iii) funds appropriated to any | 31 |
| such Governing Board may be
expended for any project | 32 |
| constructed by the Board for such Governing Board;
(iv) in |
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| connection with any such project the architects and engineers
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| retained for the project and the plans and specifications for | 3 |
| the project
must be approved by both the Governing Board and | 4 |
| the Board before
undertaking either design or construction of | 5 |
| the project, as the case may
be.
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| Notwithstanding any of the other provisions of this | 7 |
| Section, the boards of the local community college districts | 8 |
| must comply with and are subject to the Local Government | 9 |
| Professional Services Selection Act and the university boards | 10 |
| and the Illinois Community College Board must comply with and | 11 |
| are subject to the Architectural, Engineering, and Land | 12 |
| Surveying Qualifications Based Selection Act.
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| (Source: P.A. 89-4, eff. 1-1-96.)
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| Section 10. The Architectural, Engineering, and Land | 15 |
| Surveying
Qualifications Based Selection Act is amended by | 16 |
| changing Sections 5 and 15 as follows:
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| (30 ILCS 535/5) (from Ch. 127, par. 4151-5)
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| Sec. 5. State policy on procurement of architectural, | 19 |
| engineering,
and land surveying services. It is the policy of | 20 |
| State agencies of this
State to publicly announce all | 21 |
| requirements for architectural, engineering,
and land | 22 |
| surveying services, to procure these services on the basis of
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| demonstrated competence and qualifications, to negotiate | 24 |
| contracts at fair
and reasonable prices, and to authorize the | 25 |
| Department of Professional
Regulation to enforce the | 26 |
| provisions of Section 65 of this Act.
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| It is further the policy of this State that all procurement | 28 |
| of architectural, engineering, and land surveying services for | 29 |
| university projects and projects of the Illinois Community | 30 |
| College Board, including without limitation small contracts | 31 |
| under Section 45 and emergency services under Section 50, shall | 32 |
| be conducted by the Capital Development Board on behalf of the | 33 |
| university or the Illinois Community College Board unless the | 34 |
| Executive Director of the Capital Development Board grants a |
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| written waiver to the university or to the Illinois Community | 2 |
| College Board with respect to a specific project.
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| (Source: P.A. 87-673.)
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| (30 ILCS 535/15) (from Ch. 127, par. 4151-15)
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| Sec. 15. Definitions. As used in this Act:
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| "Architectural services" means any professional service as | 7 |
| defined in
Section 5 of the Illinois Architecture Practice Act | 8 |
| of 1989.
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| "Engineering services" means any professional service as | 10 |
| defined in
Section 4 of the Professional Engineering Practice | 11 |
| Act of 1989 or Section 5
of the Structural Engineering Practice | 12 |
| Act of 1989.
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| "Firm" means any individual, sole proprietorship, firm, | 14 |
| partnership,
corporation, association, or other legal entity | 15 |
| permitted by law to
practice the profession of architecture, | 16 |
| engineering, or land surveying and
provide those services.
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| "Land surveying services" means any professional service | 18 |
| as defined in
Section 5 of the Illinois Professional Land | 19 |
| Surveyor Act of 1989.
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| "Project" means any capital improvement project or any | 21 |
| design, study,
plan, survey, or new or existing program | 22 |
| activity of a State agency,
including development of new or | 23 |
| existing programs that require
architectural, engineering, or | 24 |
| land surveying services.
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| "State agency" means any department, commission, council, | 26 |
| board, bureau,
committee, institution, agency, university, | 27 |
| government corporation,
authority, or other establishment or | 28 |
| official of this State. When the "State agency" is a university | 29 |
| or the Illinois Community College Board, the Capital | 30 |
| Development Board shall conduct all matters under this Act on | 31 |
| behalf of the university or the Illinois Community College | 32 |
| Board unless the Executive Director of the Capital Development | 33 |
| Board grants a written waiver to the university or the Illinois | 34 |
| Community College Board with respect to a specific project.
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| (Source: P.A. 91-91, eff. 1-1-00.)
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| Section 15. The Local Government Professional Services | 2 |
| Selection Act is amended by changing Sections 1, 3, 4, 5, and 6 | 3 |
| as follows:
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| (50 ILCS 510/1) (from Ch. 85, par. 6401)
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| Sec. 1. Policy. It shall be the policy of the political | 6 |
| subdivisions of the
State of Illinois to negotiate and enter | 7 |
| into contracts
for architectural, engineering and land | 8 |
| surveying services on the basis of
demonstrated competence and | 9 |
| qualifications for the type of services
required and at fair | 10 |
| and reasonable compensation.
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| It is further the policy of this State that all procurement | 12 |
| of architectural, engineering, and land surveying services for | 13 |
| projects that are funded in whole or in part by the State, | 14 |
| including without limitation small contracts and emergency | 15 |
| services under Section 8, shall be conducted by the Capital | 16 |
| Development Board on behalf of the political subdivision unless | 17 |
| the Executive Director of the Capital Development Board grants | 18 |
| a written waiver to the political subdivision with respect to a | 19 |
| specific project.
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| (Source: P.A. 85-854.)
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| (50 ILCS 510/3) (from Ch. 85, par. 6403)
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| Sec. 3. Definitions. As used in this Act unless the context
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| specifically requires otherwise:
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| (1) "Firm" means any individual, firm, partnership, | 25 |
| corporation, association
or other legal entity permitted by law | 26 |
| to practice the profession of
architecture, engineering or land | 27 |
| surveying and provide architectural,
engineering or land | 28 |
| surveying services.
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| (2) "Architectural services" means any professional | 30 |
| service as defined
in Section 5 of the Illinois Architecture | 31 |
| Practice Act
of 1989.
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| (3) "Engineering services" means any professional service | 33 |
| as defined in
Section 4 of the Professional Engineering
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| Practice Act of 1989 or Section 5 of the
Structural Engineering | 2 |
| Practice Act of 1989.
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| (4) "Land surveying services" means any professional | 4 |
| service as defined
in Section 5 of the Illinois Professional | 5 |
| Land Surveyor Act of 1989.
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| (5) "Political subdivision" means any school district and | 7 |
| any unit of
local government , including without limitation any | 8 |
| community college district, of fewer than 3,000,000 | 9 |
| inhabitants, except home rule units. When a project of a | 10 |
| "political subdivision" is funded in whole or in part by the | 11 |
| State, the Capital Development Board shall conduct all matters | 12 |
| under this Act on behalf of the political subdivision unless | 13 |
| the Executive Director of the Capital Development Board grants | 14 |
| a written waiver to the political subdivision with respect to | 15 |
| that specific project.
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| (6) "Project" means any capital improvement project or any | 17 |
| study, plan,
survey or new or existing program activity of a
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| political subdivision, including development of new or | 19 |
| existing programs
which require architectural, engineering or | 20 |
| land surveying services.
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| (Source: P.A. 91-91, eff. 1-1-00.)
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| (50 ILCS 510/4) (from Ch. 85, par. 6404)
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| Sec. 4. Public notice. Present provisions of law | 24 |
| notwithstanding, in the
procurement of architectural, | 25 |
| engineering or land surveying services, each
political | 26 |
| subdivision which utilizes architectural, engineering or land
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| surveying services shall permit firms engaged in the lawful | 28 |
| practice of
their professions to annually file a statement of | 29 |
| qualifications and
performance data with the political | 30 |
| subdivision. Whenever a project
requiring architectural, | 31 |
| engineering or land surveying services is proposed
for a | 32 |
| political subdivision, the political subdivision shall , unless | 33 |
| it has
a satisfactory relationship for services with one or | 34 |
| more firms :
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| (1) Mail a notice requesting a statement of interest in the |
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HB6843 |
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LRB093 19511 RCE 46396 b |
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| specific
project to all firms who have a current statement of | 2 |
| qualifications and
performance data on file with the political | 3 |
| subdivision; or
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| (2) Place an advertisement in a secular English language | 5 |
| daily newspaper
of general circulation throughout such | 6 |
| political subdivision, requesting a
statement of interest in | 7 |
| the specific project and further requesting
statements of | 8 |
| qualifications and performance data from those firms which do
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| not have such a statement on file with the political | 10 |
| subdivision. Such
advertisement shall state the day, hour and | 11 |
| place the
statement of interest and the statements of | 12 |
| qualifications and performance
data shall be due.
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| (Source: P.A. 85-854.)
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| (50 ILCS 510/5) (from Ch. 85, par. 6405)
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| Sec. 5. Evaluation of firms
Selection Procedure . A | 16 |
| political subdivision shall , unless
it has a satisfactory | 17 |
| relationship for services with one or more firms, evaluate
the | 18 |
| firms submitting letters of interest, taking into account
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| qualifications, ability of professional personnel, past record | 20 |
| and
experience, performance data on file, willingness to meet | 21 |
| time and budget
requirements, location, workload of the firm | 22 |
| and such other factors as the
political subdivision may | 23 |
| determine in writing are applicable. The
political subdivision | 24 |
| may conduct discussions with and require public
presentations | 25 |
| by firms deemed to be the most qualified regarding their
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| qualifications, approach to the project and ability to furnish | 27 |
| the required services.
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| (Source: P.A. 85-854.)
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| (50 ILCS 510/6) (from Ch. 85, par. 6406)
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| Sec. 6. Selection procedure. On the basis of evaluations,
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| discussions and presentations, the political subdivision | 32 |
| shall , unless it
has a satisfactory relationship for services | 33 |
| with one or more firms, select no
less than 3 firms which it | 34 |
| determines to be the most qualified to
provide services for the |
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HB6843 |
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LRB093 19511 RCE 46396 b |
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| project and rank them in order of qualifications
to provide | 2 |
| services regarding the specific project. The political
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| subdivision shall then contact the firm ranked most preferred | 4 |
| and attempt
to negotiate a contract at a fair and reasonable | 5 |
| compensation, taking into
account the estimated value, scope, | 6 |
| complexity, and professional nature of
the services to be | 7 |
| rendered.
If fewer than 3 firms submit letters of interest and | 8 |
| the political
subdivision determines that one or both of those | 9 |
| firms are so qualified,
the political subdivision may proceed | 10 |
| to negotiate a contract pursuant to
this Section and Section 7.
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| (Source: P.A. 85-854.)
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| Section 99. Effective date. This Act takes effect July 1, | 13 |
| 2004.
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