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90_HB2619
50 ILCS 510/1 from Ch. 85, par. 6401
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
50 ILCS 510/7 from Ch. 85, par. 6407
50 ILCS 510/9 new
Amends the Local Government Professional Services
Selection Act. Provides that a political subdivision may
consider, among other factors, the charges for professional
fees and expenses when awarding contracts for architectural,
engineering, or land surveying services. Provides that no
firm shall be prevented from supplying, and no political
subdivision shall be prevented from soliciting, information
concerning charges for professional fees and expenses.
Effective immediately.
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1 AN ACT to amend the Local Government Professional
2 Services Selection Act.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Local Government Professional Services
6 Selection Act is amended by changing Sections 1, 4, 5, 6, and
7 7 and by adding Section 9 as follows:
8 (50 ILCS 510/1) (from Ch. 85, par. 6401)
9 Sec. 1. Policy. It shall be the policy of the political
10 subdivisions of the State of Illinois to negotiate and enter
11 into contracts for architectural, engineering, and land
12 surveying services on the basis of cost, demonstrated
13 competence, and qualifications for the type of services
14 required and at fair and reasonable compensation.
15 (Source: P.A. 85-854.)
16 (50 ILCS 510/4) (from Ch. 85, par. 6404)
17 Sec. 4. Public notice. Present provisions of law
18 notwithstanding, in the procurement of architectural,
19 engineering or land surveying services, each political
20 subdivision which utilizes architectural, engineering or land
21 surveying services shall permit firms engaged in the lawful
22 practice of their professions to annually file a statement of
23 qualifications, and performance data, and information
24 concerning charges for professional fees and expenses with
25 the political subdivision. Whenever a project requiring
26 architectural, engineering or land surveying services is
27 proposed for a political subdivision, the political
28 subdivision shall, unless it has a satisfactory relationship
29 for services with one or more firms:
30 (1) Mail a notice requesting a statement of interest in
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1 the specific project to all firms who have a current
2 statement of qualifications and performance data on file with
3 the political subdivision; or
4 (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
9 not have such a statement on file with the political
10 subdivision. Such advertisement shall state the day, hour
11 and place the statement of interest and the statements of
12 qualifications and performance data shall be due.
13 (Source: P.A. 85-854.)
14 (50 ILCS 510/5) (from Ch. 85, par. 6405)
15 Sec. 5. Selection Procedure. A political subdivision
16 shall, unless it has a satisfactory relationship for services
17 with one or more firms, evaluate the firms submitting letters
18 of interest, taking into account charges for professional
19 fees and expenses, qualifications, ability of professional
20 personnel, past record and experience, performance data on
21 file, willingness to meet time and budget requirements,
22 location, workload of the firm and such other factors as the
23 political subdivision may determine in writing are
24 applicable. The political subdivision may conduct
25 discussions with and require public presentations by firms
26 deemed to be the most qualified regarding their
27 qualifications, approach to the project and ability to
28 furnish the required services.
29 (Source: P.A. 85-854.)
30 (50 ILCS 510/6) (from Ch. 85, par. 6406)
31 Sec. 6. Selection procedure. On the basis of
32 evaluations, discussions and presentations, the political
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1 subdivision shall, unless it has a satisfactory relationship
2 for services with one or more firms, select no less than 3
3 firms which it determines to be the most qualified to provide
4 services for the project and rank them in order of
5 qualifications to provide services regarding the specific
6 project. The political subdivision shall then contact the
7 firm ranked most preferred and attempt to negotiate a
8 contract at a fair and reasonable compensation, taking into
9 account the estimated value, scope, complexity, and
10 professional fees and expenses, the nature of the services to
11 be rendered, and any other factors that the political
12 subdivision determines are appropriate. If fewer than 3
13 firms submit letters of interest and the political
14 subdivision determines that one or both of those firms are so
15 qualified, the political subdivision may proceed to negotiate
16 a contract pursuant to this Section and Section 7.
17 (Source: P.A. 85-854.)
18 (50 ILCS 510/7) (from Ch. 85, par. 6407)
19 Sec. 7. Contract negotiation. (1) The political
20 subdivision shall prepare a written description of the scope
21 of the proposed services to be used as a basis for
22 negotiations and shall negotiate a contract with the highest
23 qualified firm at compensation that the political subdivision
24 determines in writing to be fair and reasonable. In making
25 this decision the political subdivision shall take into
26 account the estimated value, scope, complexity, and
27 professional fees and expenses, the nature of the services to
28 be rendered, and any other factors that the political
29 subdivision determines are appropriate.
30 (2) If the political subdivision is unable to negotiate
31 a satisfactory contract with the firm which is most
32 preferred, negotiations with that firm shall be terminated.
33 The political subdivision shall then begin negotiations with
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1 the firm which is next preferred. If the political
2 subdivision is unable to negotiate a satisfactory contract
3 with that firm, negotiations with that firm shall be
4 terminated. The political subdivision shall then begin
5 negotiations with the firm which is next preferred.
6 (3) If the political subdivision is unable to negotiate
7 a satisfactory contract with any of the selected firms, the
8 political subdivision shall re-evaluate the architectural,
9 engineering or land surveying services requested, including
10 the estimated value, scope, complexity and fee requirements.
11 The political subdivision shall then compile a second list of
12 not less than three qualified firms and proceed in accordance
13 with the provisions of this Act.
14 (Source: P.A. 85-854.)
15 (50 ILCS 510/9 new)
16 Sec. 9. Disclosure of fees. Notwithstanding any other
17 provision of this Act, no firm shall be prevented from
18 supplying information concerning the firm's charges for
19 professional fees and expenses to any political subdivision.
20 No political subdivision shall be prevented from soliciting
21 information concerning charges for professional fees and
22 expenses or other information from any firm, regardless of
23 whether the political subdivision has a relationship with
24 another firm.
25 Section 99. Effective date. This Act takes effect upon
26 becoming law.