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90_HB2131
70 ILCS 2605/11.3 from Ch. 42, par. 331.3
Amends the Metropolitan Water Reclamation District Act.
Allows a sanitary district to use competitive selection and
the prequalification of bidders in connection with 2-phase
design/build selection procedures. Sets the requirements for
2-phase design/build selection procedures.
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1 AN ACT to amend the Metropolitan Water Reclamation
2 District Act by changing Section 11.3.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Metropolitan Water Reclamation District
6 Act is amended by changing Section 11.3 as follows:
7 (70 ILCS 2605/11.3) (from Ch. 42, par. 331.3)
8 Sec. 11.3. Competitive bidding; competitive selection;
9 prequalification of bidders.
10 (a) Except as provided in Sections 11.4 and 11.5, all
11 purchase orders or contracts involving amounts in excess of
12 $10,000 and made by or on behalf of the sanitary district for
13 labor, services or work, the purchase, lease or sale of
14 personal property, materials, equipment or supplies, or the
15 granting of any concession, shall be let by free and open
16 competitive bidding after advertisement, to the lowest
17 responsible bidder or to the highest responsible bidder, as
18 the case may be, depending upon whether the sanitary district
19 is to expend or receive money.
20 All such purchase orders or contracts which shall involve
21 amounts of $10,000 or less, shall also be let in the manner
22 prescribed above whenever practicable, except that after
23 solicitation of bids, such purchase orders or contracts may
24 be let in the open market, in a manner calculated to insure
25 the best interests of the public. The provisions of this
26 section are subject to any contrary provisions contained in
27 "An Act concerning the use of Illinois mined coal in certain
28 plants and institutions", filed July 13, 1937, as heretofore
29 and hereafter amended.
30 Notwithstanding the provisions of this Section, the
31 sanitary district is expressly authorized to establish such
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1 procedures as it deems appropriate to comply with state or
2 federal regulations as to affirmative action and the
3 utilization of small and minority businesses in construction
4 and procurement contracts.
5 (b) (1) In connection with 2-phase design/build
6 selection procedures authorized in this Section, the Board of
7 Commissioners may authorize the General Superintendent, by
8 the affirmative vote of two-thirds of the then members of the
9 Board of Commissioners, to use competitive selection and the
10 prequalification of responsible bidders consistent with
11 applicable federal regulations and this subsection (b).
12 (2) Two-phase design/build selection procedures shall
13 consist of the following:
14 (i) The General Superintendent shall develop,
15 through licensed architects or licensed engineers, a
16 scope of work statement for inclusion in the solicitation
17 for phase-one proposals that defines the project and
18 provides prospective offerors with sufficient information
19 regarding the project requirements. The statement shall
20 include criteria, preliminary design, general budget
21 parameters, and general schedule or delivery requirements
22 to enable the offerors to submit proposals that meet the
23 District's need. When the 2-phase design/build selection
24 procedure is used and the District contracts for
25 development of the scope of work statement, the District
26 shall contract for architectural or engineering services
27 as defined by and in accordance with the Architectural,
28 Engineering, and Land Surveying Qualifications Based
29 Selection Act and all applicable licensing statutes.
30 (ii) The evaluation factors to be used in
31 evaluating phase-one proposals shall be stated in the
32 solicitation and shall include specialized experience and
33 technical competence, capability to perform, past
34 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 qualifications
3 factors. Each solicitation shall establish the relative
4 importance assigned to the evaluation factors and the
5 subfactors that must be considered in the evaluation of
6 phase-one proposals on the basis of the evaluation
7 factors set forth in the solicitation. Each design/build
8 team shall include a licensed design professional
9 independent from the District's licensed architect or
10 engineer and a licensed design professional must be named
11 in the phase-one proposals submitted to the District.
12 (iii) On the basis of the phase-one proposal the
13 District shall select as the most highly qualified the
14 number of offerors specified in the solicitation and
15 request the selected offerors to submit phase-2
16 competitive proposals and cost or price information.
17 Each solicitation shall establish the relative importance
18 assigned to the evaluation factors and the subfactors
19 that shall be considered in the evaluation of phase-2
20 proposals on the basis of the evaluation factors set
21 forth in the solicitation. The District may negotiate
22 with the selected design/build team after award but prior
23 to contract execution for the purpose of securing better
24 terms than originally proposed, provided the salient
25 features of the design/build solicitation are not
26 diminished. Each phase-2 solicitation evaluates
27 separately (A) the technical submission for the proposal,
28 including design concepts or proposed solutions to
29 requirements addressed within the scope of work and (B)
30 the evaluation factors and subfactors, including cost or
31 price, that must be considered in the evaluations of
32 proposals.
33 (iv) A design/build solicitation issued under the
34 procedures in this subsection (b) shall state the maximum
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1 number of offerors that are to be selected to submit
2 competitive phase-2 proposals. The maximum number
3 specified in the solicitation shall not exceed 5 unless
4 the District with respect to an individual solicitation
5 determines that a specified number greater than 5 is in
6 the best interest of the District and is consistent with
7 the purposes and objective of the 2-phase design/build
8 selection process.
9 (v) All designs submitted as part of the 2-phase
10 selection process and not selected shall be proprietory
11 to the preparers.
12 (Source: P.A. 83-835.)