Illinois General Assembly - Full Text of HB3181
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Full Text of HB3181  98th General Assembly




State of Illinois
2013 and 2014


Introduced , by Rep. Robert Rita


70 ILCS 3615/4.06  from Ch. 111 2/3, par. 704.06

    Amends the Regional Transportation Authority Act. Provides that the Board of Directors of the Regional Transportation Authority shall adopt regulations to ensure that certain construction projects or acquisitions involving a cost of more than $100,000 (now, $10,000) and the disposition of all specified property shall be after public notice and with public bidding. Effective immediately.

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HB3181LRB098 09958 OMW 40116 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
9construction or acquisition by the Authority or a Service Board
10other than the Chicago Transit Authority of services or public
11transportation facilities (other than real estate) involving a
12cost of more than $100,000 $10,000 and the disposition of all
13property of the Authority or a Service Board other than the
14Chicago Transit Authority shall be after public notice and with
15public bidding. Such regulations may provide for exceptions to
16such requirements for acquisition of repair parts,
17accessories, equipment or services previously furnished or
18contracted for; for the immediate delivery of supplies,
19material or equipment or performance of service when it is
20determined by the concurrence of two-thirds of the then
21Directors that an emergency requires immediate delivery or
22supply thereof; for goods or services that are economically
23procurable from only one source; for contracts for the



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1maintenance or servicing of equipment which are made with the
2manufacturers or authorized service agent of that equipment
3where the maintenance or servicing can best be performed by the
4manufacturer or authorized service agent or such a contract
5would be otherwise advantageous to the Authority or a Service
6Board, other than the Chicago Transit Authority, except that
7the exceptions in this clause shall not apply to contracts for
8plumbing, heating, piping, refrigeration and automatic
9temperature control systems, ventilating and distribution
10systems for conditioned air, and electrical wiring; for goods
11or services procured from another governmental agency; for
12purchases and contracts for the use or purchase of data
13processing equipment and data processing systems software; for
14the acquisition of professional or utility services; and for
15the acquisition of public transportation equipment including,
16but not limited to, rolling stock, locomotives and buses,
17provided that: (i) it is determined by a vote of 2/3 of the
18then Directors of the Service Board making the acquisition that
19a negotiated acquisition offers opportunities with respect to
20the cost or financing of the equipment, its delivery, or the
21performance of a portion of the work within the State or the
22use of goods produced or services provided within the State;
23(ii) a notice of intention to negotiate for the acquisition of
24such public transportation equipment is published in a
25newspaper of general circulation within the City of Chicago
26inviting proposals from qualified vendors; and (iii) any



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1contract with respect to such acquisition is authorized by a
2vote of 2/3 of the then Directors of the Service Board making
3the acquisition. The requirements set forth in this Section
4shall not apply to purchase of service agreements or other
5contracts, purchases or sales entered into by the Authority
6with any transportation agency or unit of local government.
7    (b) (1) In connection with two-phase design/build
8selection procedures authorized in this Section, a Service
9Board may authorize, by the affirmative vote of two-thirds of
10the then members of the Service Board, the use of competitive
11selection and the prequalification of responsible bidders
12consistent with applicable federal regulations and this
13subsection (b).
14        (2) Two-phase design/build selection procedures shall
15    consist of the following:
16            (i) A Service Board shall develop, through
17        licensed architects or licensed engineers, a scope of
18        work statement for inclusion in the solicitation for
19        phase-one proposals that defines the project and
20        provides prospective offerors with sufficient
21        information regarding the Service Board's
22        requirements. The statement shall include criteria and
23        preliminary design, and general budget parameters and
24        general schedule or delivery requirements to enable
25        the offerors to submit proposals which meet the Service
26        Board's needs. When the two-phase design/build



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1        selection procedure is used and the Service Board
2        contracts for development of the scope of work
3        statement, the Service Board shall contract for
4        architectural or engineering services as defined by
5        and in accordance with the Architectural, Engineering,
6        and Land Surveying Qualifications Based Selection Act
7        and all applicable licensing statutes.
8            (ii) The evaluation factors to be used in
9        evaluating phase-one proposals must be stated in the
10        solicitation and must include specialized experience
11        and technical competence, capability to perform, past
12        performance of the offeror's team (including the
13        architect-engineer and construction members of the
14        team) and other appropriate technical and
15        qualifications factors. Each solicitation must
16        establish the relative importance assigned to the
17        evaluation factors and the subfactors that must be
18        considered in the evaluation of phase-one proposals on
19        the basis of the evaluation factors set forth in the
20        solicitation. Each design/build team must include a
21        licensed design professional independent from the
22        Service Board's licensed architect or engineer and a
23        licensed design professional must be named in the
24        phase-one proposals submitted to the Service Board.
25            (iii) On the basis of the phase-one proposal the
26        Service Board shall select as the most highly qualified



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1        the number of offerors specified in the solicitation
2        and request the selected offerors to submit phase-two
3        competitive proposals and cost or price information.
4        Each solicitation must establish the relative
5        importance assigned to the evaluation factors and the
6        subfactors that must be considered in the evaluation of
7        phase-two proposals on the basis of the evaluation
8        factors set forth in the solicitation. A Service Board
9        may negotiate with the selected design/build team
10        after award but prior to contract execution for the
11        purpose of securing better terms than originally
12        proposed, provided the salient features of the
13        design/build solicitation are not diminished. Each
14        phase-two solicitation evaluates separately (A) the
15        technical submission for the proposal, including
16        design concepts or proposed solutions to requirements
17        addressed within the scope of work, and (B) the
18        evaluation factors and subfactors, including cost or
19        price, that must be considered in the evaluations of
20        proposals.
21            (iv) A design/build solicitation issued under the
22        procedures in this subsection (b) shall state the
23        maximum number of offerors that are to be selected to
24        submit competitive phase-two proposals. The maximum
25        number specified in the solicitation shall not exceed 5
26        unless the Service Board with respect to an individual



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1        solicitation determines that a specified number
2        greater than 5 is in the best interest of the Service
3        Board and is consistent with the purposes and
4        objectives of the two-phase design/build selection
5        process.
6            (v) All designs submitted as part of the two-phase
7        selection process and not selected shall be
8        proprietary to the preparers.
9(Source: P.A. 89-664, eff. 8-14-96.)
10    Section 99. Effective date. This Act takes effect upon
11becoming law.