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Public Act 100-0523


 

Public Act 0523 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0523
 
HB2953 EnrolledLRB100 10637 AWJ 20860 b

    AN ACT concerning government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Metropolitan Transit Authority Act is
amended by changing Section 32 as follows:
 
    (70 ILCS 3605/32)  (from Ch. 111 2/3, par. 332)
    Sec. 32. The Board shall adopt regulations to insure that
the construction or acquisition by the Authority of services or
public transportation facilities (other than real estate)
involving a cost of more than the small purchase threshold set
by the Federal Transit Administration $40,000 and the
disposition of all property of the Authority shall be after
public notice and with public bidding. The Board shall adopt
regulations to ensure that the construction, demolition,
rehabilitation, renovation, and building maintenance projects
by the Authority for services or public transportation
facilities involving a cost of more than $40,000 shall be after
public notice and with public bidding. The regulations may
provide for exceptions to the requirements for the issuance and
sale of bonds or notes of the Authority, to the acquisition of
professional or utility services and to other matters for which
public bidding is disadvantageous. The regulations may also
provide for the use of competitive negotiations or the
prequalification of responsible bidders consistent with
applicable federal regulations. The requirements set forth
therein shall not apply to purchase of service agreements or
other contracts, purchases or sales entered into by the
Authority with any transportation agency or unit of local
government.
(Source: P.A. 98-1156, eff. 1-9-15.)
 
    Section 10. The Local Mass Transit District Act is amended
by changing Section 5.5 as follows:
 
    (70 ILCS 3610/5.5)
    Sec. 5.5. Public bidding. The Board shall adopt regulations
to ensure that the construction or acquisition by the District
of services or public transportation facilities (other than
real estate) involving a cost of more than the small purchase
threshold set by the Federal Transit Administration $40,000 and
the disposition of all property of the District shall be after
public notice and with public bidding. The Board shall adopt
regulations to ensure that the construction, demolition,
rehabilitation, renovation, and building maintenance projects
by the District for services or public transportation
facilities involving a cost of more than $40,000 shall be after
public notice and with public bidding. The regulations may
provide for exceptions to the requirements for the issuance and
sale of bonds or notes of the District, to the acquisition of
professional or utility services and to other matters for which
public bidding is disadvantageous. The regulations may also
provide for the use of competitive negotiations or the
prequalification of responsible bidders consistent with
applicable federal regulations. The requirements set forth
therein shall not apply to purchase of service agreements or
other contracts, purchases or sales entered into by the
District with any transportation agency or unit of local
government.
(Source: P.A. 98-1156, eff. 1-9-15.)
 
    Section 15. The Regional Transportation Authority Act is
amended by changing Section 4.06 as follows:
 
    (70 ILCS 3615/4.06)  (from Ch. 111 2/3, par. 704.06)
    Sec. 4.06. Public bidding.
    (a) The Board shall adopt regulations to ensure that the
construction or acquisition by the Authority or a Service Board
other than the Chicago Transit Authority of services or public
transportation facilities (other than real estate) involving a
cost of more than the small purchase threshold set by the
Federal Transit Administration $40,000 and the disposition of
all property of the Authority or a Service Board other than the
Chicago Transit Authority shall be after public notice and with
public bidding. The Board shall adopt regulations to ensure
that the construction, demolition, rehabilitation, renovation,
and building maintenance projects by the Authority or a Service
Board other than the Chicago Transit Authority for services or
public transportation facilities involving a cost of more than
$40,000 shall be after public notice and with public bidding.
Such regulations may provide for exceptions to such
requirements for acquisition of repair parts, accessories,
equipment or services previously furnished or contracted for;
for the immediate delivery of supplies, material or equipment
or performance of service when it is determined by the
concurrence of two-thirds of the then Directors that an
emergency requires immediate delivery or supply thereof; for
goods or services that are economically procurable from only
one source; for contracts for the maintenance or servicing of
equipment which are made with the manufacturers or authorized
service agent of that equipment where the maintenance or
servicing can best be performed by the manufacturer or
authorized service agent or such a contract would be otherwise
advantageous to the Authority or a Service Board, other than
the Chicago Transit Authority, except that the exceptions in
this clause shall not apply to contracts for plumbing, heating,
piping, refrigeration and automatic temperature control
systems, ventilating and distribution systems for conditioned
air, and electrical wiring; for goods or services procured from
another governmental agency; for purchases and contracts for
the use or purchase of data processing equipment and data
processing systems software; for the acquisition of
professional or utility services; and for the acquisition of
public transportation equipment including, but not limited to,
rolling stock, locomotives and buses, provided that: (i) it is
determined by a vote of 2/3 of the then Directors of the
Service Board making the acquisition that a negotiated
acquisition offers opportunities with respect to the cost or
financing of the equipment, its delivery, or the performance of
a portion of the work within the State or the use of goods
produced or services provided within the State; (ii) a notice
of intention to negotiate for the acquisition of such public
transportation equipment is published in a newspaper of general
circulation within the City of Chicago inviting proposals from
qualified vendors; and (iii) any contract with respect to such
acquisition is authorized by a vote of 2/3 of the then
Directors of the Service Board making the acquisition. The
requirements set forth in this Section shall not apply to
purchase of service agreements or other contracts, purchases or
sales entered into by the Authority with any transportation
agency or unit of local government.
    (b) (1) In connection with two-phase design/build
selection procedures authorized in this Section, a Service
Board may authorize, by the affirmative vote of two-thirds of
the then members of the Service Board, the use of competitive
selection and the prequalification of responsible bidders
consistent with applicable federal regulations and this
subsection (b).
        (2) Two-phase design/build selection procedures shall
    consist of the following:
            (i) A Service Board shall develop, through
        licensed architects or licensed engineers, a scope of
        work statement for inclusion in the solicitation for
        phase-one proposals that defines the project and
        provides prospective offerors with sufficient
        information regarding the Service Board's
        requirements. The statement shall include criteria and
        preliminary design, and general budget parameters and
        general schedule or delivery requirements to enable
        the offerors to submit proposals which meet the Service
        Board's needs. When the two-phase design/build
        selection procedure is used and the Service Board
        contracts for development of the scope of work
        statement, the Service Board shall contract for
        architectural or engineering services as defined by
        and in accordance with the Architectural, Engineering,
        and Land Surveying Qualifications Based Selection Act
        and all applicable licensing statutes.
            (ii) The evaluation factors to be used in
        evaluating phase-one proposals must be stated in the
        solicitation and must include specialized experience
        and technical competence, capability to perform, past
        performance of the offeror's team (including the
        architect-engineer and construction members of the
        team) and other appropriate technical and
        qualifications factors. Each solicitation must
        establish the relative importance assigned to the
        evaluation factors and the subfactors that must be
        considered in the evaluation of phase-one proposals on
        the basis of the evaluation factors set forth in the
        solicitation. Each design/build team must include a
        licensed design professional independent from the
        Service Board's licensed architect or engineer and a
        licensed design professional must be named in the
        phase-one proposals submitted to the Service Board.
            (iii) On the basis of the phase-one proposal the
        Service Board shall select as the most highly qualified
        the number of offerors specified in the solicitation
        and request the selected offerors to submit phase-two
        competitive proposals and cost or price information.
        Each solicitation must establish the relative
        importance assigned to the evaluation factors and the
        subfactors that must be considered in the evaluation of
        phase-two proposals on the basis of the evaluation
        factors set forth in the solicitation. A Service Board
        may negotiate with the selected design/build team
        after award but prior to contract execution for the
        purpose of securing better terms than originally
        proposed, provided the salient features of the
        design/build solicitation are not diminished. Each
        phase-two solicitation evaluates separately (A) the
        technical submission for the proposal, including
        design concepts or proposed solutions to requirements
        addressed within the scope of work, and (B) the
        evaluation factors and subfactors, including cost or
        price, that must be considered in the evaluations of
        proposals.
            (iv) A design/build solicitation issued under the
        procedures in this subsection (b) shall state the
        maximum number of offerors that are to be selected to
        submit competitive phase-two proposals. The maximum
        number specified in the solicitation shall not exceed 5
        unless the Service Board with respect to an individual
        solicitation determines that a specified number
        greater than 5 is in the best interest of the Service
        Board and is consistent with the purposes and
        objectives of the two-phase design/build selection
        process.
            (v) All designs submitted as part of the two-phase
        selection process and not selected shall be
        proprietary to the preparers.
(Source: P.A. 98-1156, eff. 1-9-15.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 9/22/2017