Illinois General Assembly - Full Text of HB1742
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Full Text of HB1742  103rd General Assembly



HB1742 EnrolledLRB103 27959 AWJ 54337 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 Regional Transportation Authority Act is
5amended by changing Section 4.06 as follows:
6    (70 ILCS 3615/4.06)  (from Ch. 111 2/3, par. 704.06)
7    Sec. 4.06. Public bidding.
8    (a) The Board shall adopt regulations to ensure that the
9acquisition by the Authority or a Service Board other than the
10Chicago Transit Authority of services or public transportation
11facilities (other than real estate) involving a cost of more
12than the small purchase threshold set by the Federal Transit
13Administration and the disposition of all property of the
14Authority or a Service Board other than the Chicago Transit
15Authority shall be after public notice and with public
16bidding. The Board shall adopt regulations to ensure that the
17construction, demolition, rehabilitation, renovation, and
18building maintenance projects by the Authority or a Service
19Board other than the Chicago Transit Authority for services or
20public transportation facilities involving a cost of more than
21$40,000 shall be after public notice and with public bidding.
22Such regulations may provide for exceptions to such
23requirements for acquisition of repair parts, accessories,



HB1742 Enrolled- 2 -LRB103 27959 AWJ 54337 b

1equipment or services previously furnished or contracted for;
2for the immediate delivery of supplies, material or equipment
3or performance of service when it is determined by the
4concurrence of two-thirds of the then Directors that an
5emergency requires immediate delivery or supply thereof; for
6goods or services that are economically procurable from only
7one source; for contracts for the maintenance or servicing of
8equipment which are made with the manufacturers or authorized
9service agent of that equipment where the maintenance or
10servicing can best be performed by the manufacturer or
11authorized service agent or such a contract would be otherwise
12advantageous to the Authority or a Service Board, other than
13the Chicago Transit Authority, except that the exceptions in
14this clause shall not apply to contracts for plumbing,
15heating, piping, refrigeration and automatic temperature
16control systems, ventilating and distribution systems for
17conditioned air, and electrical wiring; for goods or services
18procured from another governmental agency; for purchases and
19contracts for the use or purchase of data processing equipment
20and data processing systems software; for the acquisition of
21professional or utility services; and for the acquisition of
22public transportation equipment including, but not limited to,
23rolling stock, locomotives and buses, provided that: (i) it is
24determined by a vote of 2/3 of the then Directors of the
25Service Board making the acquisition that a negotiated
26acquisition offers opportunities with respect to the cost or



HB1742 Enrolled- 3 -LRB103 27959 AWJ 54337 b

1financing of the equipment, its delivery, or the performance
2of a portion of the work within the State or the use of goods
3produced or services provided within the State; (ii) a notice
4of intention to negotiate for the acquisition of such public
5transportation equipment is published in a newspaper of
6general circulation within the City of Chicago inviting
7proposals from qualified vendors; and (iii) any contract with
8respect to such acquisition is authorized by a vote of 2/3 of
9the then Directors of the Service Board making the
10acquisition. The requirements set forth in this Section shall
11not apply to purchase of service agreements or other
12contracts, purchases or sales entered into by the Authority
13with any transportation agency or unit of local government.
14    (b) (1) In connection with two-phase design/build
15selection procedures authorized in this Section, a Service
16Board may authorize, by the affirmative vote of two-thirds of
17the then members of the Service Board, the use of competitive
18selection and the prequalification of responsible bidders
19consistent with applicable federal regulations and this
20subsection (b).
21        (2) Two-phase design/build selection procedures shall
22    consist of the following:
23            (i) A Service Board shall develop, through
24        licensed architects or licensed engineers, a scope of
25        work statement for inclusion in the solicitation for
26        phase-one proposals that defines the project and



HB1742 Enrolled- 4 -LRB103 27959 AWJ 54337 b

1        provides prospective offerors with sufficient
2        information regarding the Service Board's
3        requirements. The statement shall include criteria and
4        preliminary design, and general budget parameters and
5        general schedule or delivery requirements to enable
6        the offerors to submit proposals which meet the
7        Service Board's needs. When the two-phase design/build
8        selection procedure is used and the Service Board
9        contracts for development of the scope of work
10        statement, the Service Board shall contract for
11        architectural or engineering services as defined by
12        and in accordance with the Architectural, Engineering,
13        and Land Surveying Qualifications Based Selection Act
14        and all applicable licensing statutes.
15            (ii) The evaluation factors to be used in
16        evaluating phase-one proposals must be stated in the
17        solicitation and must include specialized experience
18        and technical competence, capability to perform, past
19        performance of the offeror's team (including the
20        architect-engineer and construction members of the
21        team) and other appropriate technical and
22        qualifications factors. Each solicitation must
23        establish the relative importance assigned to the
24        evaluation factors and the subfactors that must be
25        considered in the evaluation of phase-one proposals on
26        the basis of the evaluation factors set forth in the



HB1742 Enrolled- 5 -LRB103 27959 AWJ 54337 b

1        solicitation. Each design/build team must include a
2        licensed design professional independent from the
3        Service Board's licensed architect or engineer and a
4        licensed design professional must be named in the
5        phase-one proposals submitted to the Service Board.
6            (iii) On the basis of the phase-one proposal the
7        Service Board shall select as the most highly
8        qualified the number of offerors specified in the
9        solicitation and request the selected offerors to
10        submit phase-two competitive proposals and cost or
11        price information. Each solicitation must establish
12        the relative importance assigned to the evaluation
13        factors and the subfactors that must be considered in
14        the evaluation of phase-two proposals on the basis of
15        the evaluation factors set forth in the solicitation.
16        A Service Board may negotiate with the selected
17        design/build team after award but prior to contract
18        execution for the purpose of securing better terms
19        than originally proposed, provided the salient
20        features of the design/build solicitation are not
21        diminished. Each phase-two solicitation evaluates
22        separately (A) the technical submission for the
23        proposal, including design concepts or proposed
24        solutions to requirements addressed within the scope
25        of work, and (B) the evaluation factors and
26        subfactors, including cost or price, that must be



HB1742 Enrolled- 6 -LRB103 27959 AWJ 54337 b

1        considered in the evaluations of proposals.
2            (iv) A design/build solicitation issued under the
3        procedures in this subsection (b) shall state the
4        maximum number of offerors that are to be selected to
5        submit competitive phase-two proposals. The maximum
6        number specified in the solicitation shall not exceed
7        5 unless the Service Board with respect to an
8        individual solicitation determines that a specified
9        number greater than 5 is in the best interest of the
10        Service Board and is consistent with the purposes and
11        objectives of the two-phase design/build selection
12        process.
13            (v) All designs submitted as part of the two-phase
14        selection process and not selected shall be
15        proprietary to the preparers.
16    (c) The Regional Transportation Authority and the Service
17Boards may donate rolling stock, including locomotives and
18equipment, to museums in this State that are not-for-profit
19corporations under Section 501(c)(3) of the Internal Revenue
20Code of 1986.
21(Source: P.A. 100-523, eff. 9-22-17.)