103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3053

 

Introduced 2/17/2023___________, by

 

SYNOPSIS AS INTRODUCED:
 
55 ILCS 5/5-1022  from Ch. 34, par. 5-1022
55 ILCS 5/5-45015
55 ILCS 5/5-45025
55 ILCS 5/5-45045

    Amends the Counties Code. Provides that a county may establish goals, based upon a legally defensible disparity study, for the procurement of goods and services to promote and encourage the continuing economic development of: (1) minority-owned and minority-operated businesses; (2) women-owned and women-operated businesses; (3) businesses owned and operated by persons with disabilities; and (4) businesses owned and operated by veterans of the armed forces of the United States. In the County Design-Build Authorization Division of the Code, provides that, rather than evaluating design-build proposals to see if they comply with the utilization goals for business enterprises established in the Business Enterprise for Minorities, Women, and Persons with Disabilities Act and provisions of the Illinois Human Rights Act, design-build proposals may be evaluated to determine if the proposals meet the county's contracting goals for the county's program for disadvantaged business enterprises based on the county's most recent, legally defensible disparity study.


LRB103 29729 AWJ 56135 b

 

 

A BILL FOR

 

HB3053LRB103 29729 AWJ 56135 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Counties Code is amended by changing
5Sections 5-1022, 5-45015, 5-45025, and 5-45045 as follows:
 
6    (55 ILCS 5/5-1022)  (from Ch. 34, par. 5-1022)
7    Sec. 5-1022. Competitive bids.
8    (a) Any purchase by a county with fewer than 2,000,000
9inhabitants of services, materials, equipment or supplies in
10excess of $30,000, other than professional services, shall be
11contracted for in one of the following ways:
12        (1) by a contract let to the lowest responsible bidder
13    after advertising for bids in a newspaper published within
14    the county or, if no newspaper is published within the
15    county, then a newspaper having general circulation within
16    the county; or
17        (2) by a contract let without advertising for bids in
18    the case of an emergency if authorized by the county
19    board.
20    (b) In determining the lowest responsible bidder, the
21county board shall take into consideration the qualities of
22the articles supplied; their conformity with the
23specifications; their suitability to the requirements of the

 

 

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1county, availability of support services; uniqueness of the
2service, materials, equipment, or supplies as it applies to
3networked, integrated computer systems; compatibility to
4existing equipment; and the delivery terms. The county board
5also may take into consideration whether a bidder is a private
6enterprise or a State-controlled enterprise and,
7notwithstanding any other provision of this Section or a lower
8bid by a State-controlled enterprise, may let a contract to
9the lowest responsible bidder that is a private enterprise.
10    (c) This Section does not apply to contracts by a county
11with the federal government or to purchases of used equipment,
12purchases at auction or similar transactions which by their
13very nature are not suitable to competitive bids, pursuant to
14an ordinance adopted by the county board.
15    (d) Notwithstanding the provisions of this Section, a
16county may let without advertising for bids in the case of
17purchases and contracts, when individual orders do not exceed
18$35,000, for the use, purchase, delivery, movement, or
19installation of data processing equipment, software, or
20services and telecommunications and inter-connect equipment,
21software, and services.
22    (e) A county may require, as a condition of any contract
23for goods and services, that persons awarded a contract with
24the county and all affiliates of the person collect and remit
25Illinois Use Tax on all sales of tangible personal property
26into the State of Illinois in accordance with the provisions

 

 

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1of the Illinois Use Tax Act regardless of whether the person or
2affiliate is a "retailer maintaining a place of business
3within this State" as defined in Section 2 of the Use Tax Act.
4For purposes of this subsection (e), the term "affiliate"
5means any entity that (1) directly, indirectly, or
6constructively controls another entity, (2) is directly,
7indirectly, or constructively controlled by another entity, or
8(3) is subject to the control of a common entity. For purposes
9of this subsection (e), an entity controls another entity if
10it owns, directly or individually, more than 10% of the voting
11securities of that entity. As used in this subsection (e), the
12term "voting security" means a security that (1) confers upon
13the holder the right to vote for the election of members of the
14board of directors or similar governing body of the business
15or (2) is convertible into, or entitles the holder to receive
16upon its exercise, a security that confers such a right to
17vote. A general partnership interest is a voting security.
18    (f) Bids submitted to, and contracts executed by, the
19county may require a certification by the bidder or contractor
20that the bidder or contractor is not barred from bidding for or
21entering into a contract under this Section and that the
22bidder or contractor acknowledges that the county may declare
23the contract void if the certification completed pursuant to
24this subsection (f) is false.
25    (g) A county may establish goals, based upon a legally
26defensible disparity study, for the procurement of goods and

 

 

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1services to promote and encourage the continuing economic
2development of:
3        (1) minority-owned and minority-operated businesses;
4        (2) women-owned and women-operated businesses;
5        (3) businesses owned and operated by persons with
6    disabilities; and
7        (4) businesses owned and operated by veterans of the
8    armed forces of the United States.
9(Source: P.A. 95-331, eff. 8-21-07; 96-170, eff. 1-1-10.)
 
10    (55 ILCS 5/5-45015)
11    Sec. 5-45015. Solicitation of proposals.
12    (a) A county may enter into design-build contracts. In
13addition to the requirements set forth in its local
14ordinances, when the county elects to use the design-build
15delivery method, it must issue a notice of intent to receive
16proposals for the project at least 14 days before issuing the
17request for the proposal. The county must publish the advance
18notice in the manner prescribed by ordinance, which shall
19include posting the advance notice online on its website. The
20county may publish the notice in construction industry
21publications or post the notice on construction industry
22websites. A brief description of the proposed procurement must
23be included in the notice. The county must provide a copy of
24the request for proposal to any party requesting a copy.
25    (b) The request for proposal shall be prepared for each

 

 

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1project and must contain, without limitation, the following
2information:
3        (1) The name of the county.
4        (2) A preliminary schedule for the completion of the
5    contract.
6        (3) The proposed budget for the project, the source of
7    funds, and the currently available funds at the time the
8    request for proposal is submitted.
9        (4) Prequalification criteria for design-build
10    entities wishing to submit proposals. The county shall
11    include, at a minimum, its normal qualifications,
12    licensing, registration, and other requirements; however,
13    nothing precludes the use of additional prequalification
14    criteria by the county.
15        (5) Material requirements of the contract, including,
16    but not limited to, the proposed terms and conditions,
17    required performance and payment bonds, insurance, and the
18    entity's plan to comply with the county's contracting
19    goals for the county's program for disadvantaged business
20    enterprises based on the county's most recent, legally
21    defensible disparity study or to comply with the
22    utilization goals for business enterprises established in
23    the Business Enterprise for Minorities, Women, and Persons
24    with Disabilities Act and with Section 2-105 of the
25    Illinois Human Rights Act.
26        (6) The performance criteria.

 

 

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1        (7) The evaluation criteria for each phase of the
2    solicitation. Price may not be used as a factor in the
3    evaluation of Phase I proposals.
4        (8) The number of entities that will be considered for
5    the technical and cost evaluation phase.
6    (c) The county may include any other relevant information
7that it chooses to supply. The design-build entity shall be
8entitled to rely upon the accuracy of this documentation in
9the development of its proposal.
10    (d) The date that proposals are due must be at least 21
11calendar days after the date of the issuance of the request for
12proposal. If the cost of the project is estimated to exceed
13$12,000,000, then the proposal due date must be at least 28
14calendar days after the date of the issuance of the request for
15proposal. The county shall include in the request for proposal
16a minimum of 30 days to develop the Phase II submissions after
17the selection of entities from the Phase I evaluation is
18completed.
19(Source: P.A. 102-954, eff. 1-1-23.)
 
20    (55 ILCS 5/5-45025)
21    Sec. 5-45025. Procedures for Selection.
22    (a) The county must use a two-phase procedure for the
23selection of the successful design-build entity. Phase I of
24the procedure will evaluate and shortlist the design-build
25entities based on qualifications, and Phase II will evaluate

 

 

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1the technical and cost proposals.
2    (b) The county shall include in the request for proposal
3the evaluating factors to be used in Phase I. These factors are
4in addition to any prequalification requirements of
5design-build entities that the county has set forth. Each
6request for proposal shall establish the relative importance
7assigned to each evaluation factor and subfactor, including
8any weighting of criteria to be employed by the county. The
9county must maintain a record of the evaluation scoring to be
10disclosed in event of a protest regarding the solicitation.
11    The county shall include the following criteria in every
12Phase I evaluation of design-build entities: (i) experience of
13personnel; (ii) successful experience with similar project
14types; (iii) financial capability; (iv) timeliness of past
15performance; (v) experience with similarly sized projects;
16(vi) successful reference checks of the firm; (vii) commitment
17to assign personnel for the duration of the project and
18qualifications of the entity's consultants; and (viii) ability
19or past performance in meeting or exhausting good faith
20efforts to meet the county's contracting goals for the
21county's program for disadvantaged business enterprises based
22on the county's most recent, legally defensible disparity
23study or to the utilization goals for business enterprises
24established in the Business Enterprise for Minorities, Women,
25and Persons with Disabilities Act and with Section 2-105 of
26the Illinois Human Rights Act. The county may include any

 

 

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1additional relevant criteria in Phase I that it deems
2necessary for a proper qualification review.
3    The county may not consider any design-build entity for
4evaluation or award if the entity has any pecuniary interest
5in the project or has other relationships or circumstances,
6including, but not limited to, long-term leasehold, mutual
7performance, or development contracts with the county, that
8may give the design-build entity a financial or tangible
9advantage over other design-build entities in the preparation,
10evaluation, or performance of the design-build contract or
11that create the appearance of impropriety. No proposal shall
12be considered that does not include an entity's plan to comply
13with the county's contracting goals for the county's program
14for disadvantaged business enterprises based on the county's
15most recent, legally defensible disparity study or to comply
16with the requirements established in the Business Enterprise
17for Minorities, Women, and Persons with Disabilities Act, for
18both the design and construction areas of performance, and
19with Section 2-105 of the Illinois Human Rights Act.
20    Upon completion of the qualifications evaluation, the
21county shall create a shortlist of the most highly qualified
22design-build entities. The county, in its discretion, is not
23required to shortlist the maximum number of entities as
24identified for Phase II evaluation, provided that no less than
252 design-build entities nor more than 6 are selected to submit
26Phase II proposals.

 

 

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1    The county shall notify the entities selected for the
2shortlist in writing. This notification shall commence the
3period for the preparation of the Phase II technical and cost
4evaluations. The county must allow sufficient time for the
5shortlist entities to prepare their Phase II submittals
6considering the scope and detail requested by the county.
7    (c) The county shall include in the request for proposal
8the evaluating factors to be used in the technical and cost
9submission components of Phase II. Each request for proposal
10shall establish, for both the technical and cost submission
11components of Phase II, the relative importance assigned to
12each evaluation factor and subfactor, including any weighting
13of criteria to be employed by the county. The county must
14maintain a record of the evaluation scoring to be disclosed in
15event of a protest regarding the solicitation.
16    The county shall include the following criteria in every
17Phase II technical evaluation of design-build entities: (i)
18compliance with objectives of the project; (ii) compliance of
19proposed services to the request for proposal requirements;
20(iii) quality of products or materials proposed; (iv) quality
21of design parameters; (v) design concepts; (vi) innovation in
22meeting the scope and performance criteria; and (vii)
23constructability of the proposed project. The county may
24include any additional relevant technical evaluation factors
25it deems necessary for proper selection.
26    The county shall include the following criteria in every

 

 

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1Phase II cost evaluation: the total project cost, the
2construction costs, and the time of completion. The county may
3include any additional relevant technical evaluation factors
4it deems necessary for proper selection. The total project
5cost criteria weighting weighing factor shall not exceed 30%.
6    The county shall directly employ or retain a licensed
7design professional or a public art designer to evaluate the
8technical and cost submissions to determine if the technical
9submissions are in accordance with generally accepted industry
10standards. Upon completion of the technical submissions and
11cost submissions evaluation, the county may award the
12design-build contract to the highest overall ranked entity.
13(Source: P.A. 102-954, eff. 1-1-23; revised 12-16-22.)
 
14    (55 ILCS 5/5-45045)
15    Sec. 5-45045. Reports and evaluation. At the end of every
166-month period following the contract award, and again prior
17to final contract payout and closure, a selected design-build
18entity shall detail, in a written report submitted to the
19county, its efforts and success in implementing the entity's
20plan to comply with the county's contracting goals for the
21county's program for disadvantaged business enterprises based
22on the county's most recent, legally defensible disparity
23study or to comply with the utilization goals for business
24enterprises established in the Business Enterprise for
25Minorities, Women, and Persons with Disabilities Act and the

 

 

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1provisions of Section 2-105 of the Illinois Human Rights Act.
2(Source: P.A. 102-954, eff. 1-1-23.)