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(30 ILCS 535/40) (from Ch. 127, par. 4151-40)
Sec. 40.
Contract negotiation.
(a) The State agency shall prepare a written description of the scope of
the proposed services to be used as a basis for negotiations and shall
negotiate a contract with the highest qualified firm at compensation that
the State agency determines in writing to be fair and reasonable. In
making this decision, the State agency shall take into account the
estimated value, scope, complexity, and professional nature of the services
to be rendered. In no case may a State agency establish a maximum overhead
rate or other payment formula designed to eliminate firms from
contention or restrict competition or negotiation of fees.
(b) If the State agency is unable to negotiate a satisfactory contract
with the firm that is most preferred, negotiations with that firm shall be
terminated. The State agency shall then begin negotiations with the firm
that is next preferred. If the State agency is unable to negotiate a
satisfactory contract with that firm, negotiations with that firm shall be
terminated. The State agency shall then begin negotiations with the firm
that is next preferred.
(c) If the State agency is unable to negotiate a satisfactory contract
with any of the selected firms, the State agency shall re-evaluate the
architectural, engineering, or land surveying services requested, including
the estimated value, scope, complexity, and fee requirements. The State
agency shall then compile a second list of not less than 3 qualified firms
and proceed in accordance with the provisions of this Act.
(d) A firm negotiating a contract with a State agency shall negotiate
subcontracts for architectural, engineering, and land surveying services at
compensation that the firm determines in writing to be fair and reasonable
based upon a written description of the scope of the proposed services.
(Source: P.A. 87-673.)
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