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


Rep. Joe C. Sosnowski

Filed: 3/27/2024





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2    AMENDMENT NO. ______. Amend House Bill 1742 by replacing
3everything after the enacting clause with the following:
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



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1construction, demolition, rehabilitation, renovation, and
2building maintenance projects by the Authority or a Service
3Board other than the Chicago Transit Authority for services or
4public transportation facilities involving a cost of more than
5$40,000 shall be after public notice and with public bidding.
6Such regulations may provide for exceptions to such
7requirements for acquisition of repair parts, accessories,
8equipment or services previously furnished or contracted for;
9for the immediate delivery of supplies, material or equipment
10or performance of service when it is determined by the
11concurrence of two-thirds of the then Directors that an
12emergency requires immediate delivery or supply thereof; for
13goods or services that are economically procurable from only
14one source; for contracts for the maintenance or servicing of
15equipment which are made with the manufacturers or authorized
16service agent of that equipment where the maintenance or
17servicing can best be performed by the manufacturer or
18authorized service agent or such a contract would be otherwise
19advantageous to the Authority or a Service Board, other than
20the Chicago Transit Authority, except that the exceptions in
21this clause shall not apply to contracts for plumbing,
22heating, piping, refrigeration and automatic temperature
23control systems, ventilating and distribution systems for
24conditioned air, and electrical wiring; for goods or services
25procured from another governmental agency; for purchases and
26contracts for the use or purchase of data processing equipment



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1and data processing systems software; for the acquisition of
2professional or utility services; and for the acquisition of
3public transportation equipment including, but not limited to,
4rolling stock, locomotives and buses, provided that: (i) it is
5determined by a vote of 2/3 of the then Directors of the
6Service Board making the acquisition that a negotiated
7acquisition offers opportunities with respect to the cost or
8financing of the equipment, its delivery, or the performance
9of a portion of the work within the State or the use of goods
10produced or services provided within the State; (ii) a notice
11of intention to negotiate for the acquisition of such public
12transportation equipment is published in a newspaper of
13general circulation within the City of Chicago inviting
14proposals from qualified vendors; and (iii) any contract with
15respect to such acquisition is authorized by a vote of 2/3 of
16the then Directors of the Service Board making the
17acquisition. The requirements set forth in this Section shall
18not apply to purchase of service agreements or other
19contracts, purchases or sales entered into by the Authority
20with any transportation agency or unit of local government.
21    (b) (1) In connection with two-phase design/build
22selection procedures authorized in this Section, a Service
23Board may authorize, by the affirmative vote of two-thirds of
24the then members of the Service Board, the use of competitive
25selection and the prequalification of responsible bidders
26consistent with applicable federal regulations and this



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1subsection (b).
2        (2) Two-phase design/build selection procedures shall
3    consist of the following:
4            (i) A Service Board shall develop, through
5        licensed architects or licensed engineers, a scope of
6        work statement for inclusion in the solicitation for
7        phase-one proposals that defines the project and
8        provides prospective offerors with sufficient
9        information regarding the Service Board's
10        requirements. The statement shall include criteria and
11        preliminary design, and general budget parameters and
12        general schedule or delivery requirements to enable
13        the offerors to submit proposals which meet the
14        Service Board's needs. When the two-phase design/build
15        selection procedure is used and the Service Board
16        contracts for development of the scope of work
17        statement, the Service Board shall contract for
18        architectural or engineering services as defined by
19        and in accordance with the Architectural, Engineering,
20        and Land Surveying Qualifications Based Selection Act
21        and all applicable licensing statutes.
22            (ii) The evaluation factors to be used in
23        evaluating phase-one proposals must be stated in the
24        solicitation and must include specialized experience
25        and technical competence, capability to perform, past
26        performance of the offeror's team (including the



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1        architect-engineer and construction members of the
2        team) and other appropriate technical and
3        qualifications factors. Each solicitation must
4        establish the relative importance assigned to the
5        evaluation factors and the subfactors that must be
6        considered in the evaluation of phase-one proposals on
7        the basis of the evaluation factors set forth in the
8        solicitation. Each design/build team must include a
9        licensed design professional independent from the
10        Service Board's licensed architect or engineer and a
11        licensed design professional must be named in the
12        phase-one proposals submitted to the Service Board.
13            (iii) On the basis of the phase-one proposal the
14        Service Board shall select as the most highly
15        qualified the number of offerors specified in the
16        solicitation and request the selected offerors to
17        submit phase-two competitive proposals and cost or
18        price information. Each solicitation must establish
19        the relative importance assigned to the evaluation
20        factors and the subfactors that must be considered in
21        the evaluation of phase-two proposals on the basis of
22        the evaluation factors set forth in the solicitation.
23        A Service Board may negotiate with the selected
24        design/build team after award but prior to contract
25        execution for the purpose of securing better terms
26        than originally proposed, provided the salient



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1        features of the design/build solicitation are not
2        diminished. Each phase-two solicitation evaluates
3        separately (A) the technical submission for the
4        proposal, including design concepts or proposed
5        solutions to requirements addressed within the scope
6        of work, and (B) the evaluation factors and
7        subfactors, including cost or price, that must be
8        considered in the evaluations of proposals.
9            (iv) A design/build solicitation issued under the
10        procedures in this subsection (b) shall state the
11        maximum number of offerors that are to be selected to
12        submit competitive phase-two proposals. The maximum
13        number specified in the solicitation shall not exceed
14        5 unless the Service Board with respect to an
15        individual solicitation determines that a specified
16        number greater than 5 is in the best interest of the
17        Service Board and is consistent with the purposes and
18        objectives of the two-phase design/build selection
19        process.
20            (v) All designs submitted as part of the two-phase
21        selection process and not selected shall be
22        proprietary to the preparers.
23    (c) The Regional Transportation Authority and the Service
24Boards may donate rolling stock, including locomotives and
25equipment, to museums in this State that are not-for-profit
26corporations under Section 501(c)(3) of the Internal Revenue



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1Code of 1986.
2(Source: P.A. 100-523, eff. 9-22-17.)".