Public Act 100-0523
 
HB2953 EnrolledLRB100 10637 AWJ 20860 b


  
    AN ACT concerning government.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  



 
 
    Section 5. The Metropolitan Transit Authority Act is 
amended  by changing Section 32 as follows:
 



    (70 ILCS 3605/32)  (from Ch. 111 2/3, par. 332)



    Sec. 32. 
The Board shall adopt regulations to insure that 
the
construction or acquisition by the Authority of services or 
public
transportation facilities (other than real estate) 
involving a cost of more
than the small purchase threshold set 
by the Federal Transit Administration $40,000 and the 
disposition of all property of the Authority shall be
after 
public notice and with public bidding. The Board shall adopt 
regulations to ensure that the construction, demolition, 
rehabilitation, renovation, and building maintenance projects 
by the Authority for services or public transportation 
facilities involving a cost of more than $40,000 shall be after 
public notice and with public bidding. The regulations may 
provide
for exceptions to the requirements for the issuance and 
sale of bonds or
notes of the Authority, to the acquisition of 
professional or utility
services and to other matters for which 
public bidding is disadvantageous. The
regulations may also 
provide for the use of competitive negotiations or the

prequalification of responsible bidders consistent with 
applicable federal
regulations.  The requirements set forth 
therein shall not apply to
purchase of service agreements or 
other contracts, purchases or sales
entered into by the 
Authority with any transportation agency or unit of
local 
government.

(Source: P.A. 98-1156, eff. 1-9-15.)

 
    Section 10. The Local Mass Transit District Act is amended  
by changing Section 5.5 as follows:
 
    (70 ILCS 3610/5.5)
    Sec. 5.5. Public bidding. The Board shall adopt regulations 
to ensure that the construction or acquisition by the District 
of services or public transportation facilities (other than 
real estate) involving a cost of more than the small purchase 
threshold set by the Federal Transit Administration $40,000 and 
the disposition of all property of the District shall be after 
public notice and with public bidding. The Board shall adopt 
regulations to ensure that the construction, demolition, 
rehabilitation, renovation, and building maintenance projects 
by the District for services or public transportation 
facilities involving a cost of more than $40,000 shall be after 
public notice and with public bidding. The regulations may 
provide for exceptions to the requirements for the issuance and 
sale of bonds or notes of the District, to the acquisition of 
professional or utility services and to other matters for which 
public bidding is disadvantageous. The regulations may also 
provide for the use of competitive negotiations or the 
prequalification of responsible bidders consistent with 
applicable federal regulations. The requirements set forth 
therein shall not apply to purchase of service agreements or 
other contracts, purchases or sales entered into by the 
District with any transportation agency or unit of local 
government.

(Source: P.A. 98-1156, eff. 1-9-15.)


 
    Section 15. The Regional Transportation Authority Act is 
amended  by changing Section 4.06 as follows:
 



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



    Sec. 4.06. Public bidding. 

    (a) The Board shall adopt regulations to ensure
that the 
construction or acquisition by the Authority or a Service Board

other than the Chicago Transit Authority of services or public

transportation facilities (other than real estate) involving a 
cost of more
than the small purchase threshold set by the 
Federal Transit Administration $40,000 and the disposition of 
all property of the Authority or a
Service Board other than the 
Chicago Transit Authority shall be after
public notice and with 
public bidding. The Board shall adopt regulations to ensure 
that the construction, demolition, rehabilitation, renovation, 
and building maintenance projects by the Authority or a Service 
Board other than the Chicago Transit Authority for services or 
public transportation facilities involving a cost of more than 
$40,000 shall be after public notice and with public bidding. 
Such regulations may provide for
exceptions to such 
requirements for acquisition of repair parts, accessories,

equipment or services previously furnished or contracted for; 
for the
immediate delivery of supplies, material or equipment 
or performance of
service when it is determined by the 
concurrence of two-thirds of the then
Directors that an 
emergency requires immediate delivery or supply thereof;
for 
goods or services that are economically procurable from only 
one
source; for contracts for the maintenance or servicing of 
equipment which
are made with the manufacturers or authorized 
service agent of that
equipment where the maintenance or 
servicing can best be performed by the
manufacturer or 
authorized service agent or such a contract would be
otherwise 
advantageous to the Authority or a Service Board, other
than 
the Chicago Transit Authority, except that the exceptions in 
this
clause shall not apply to contracts for plumbing, heating, 
piping,
refrigeration and automatic temperature control 
systems, ventilating and
distribution systems for conditioned 
air, and electrical wiring; for goods
or services procured from 
another governmental agency; for purchases and
contracts for 
the use or purchase of data processing equipment and data

processing systems software; for the acquisition of 
professional or
utility services; and for the acquisition of 
public transportation
equipment including, but not limited to, 
rolling stock, locomotives and
buses, provided that: (i) it is 
determined by a vote of 2/3 of the then
Directors of the 
Service Board making the acquisition that a negotiated

acquisition offers opportunities with respect to the cost or 
financing of
the equipment, its delivery, or the performance of 
a portion of the work
within the State or the use of goods 
produced or
services provided within the State; (ii) a notice 
of intention to negotiate
for the acquisition of such public 
transportation equipment is published in
a newspaper of general 
circulation within the City of Chicago inviting
proposals from 
qualified vendors; and (iii) any contract with respect to
such 
acquisition is authorized by a vote of 2/3 of the then 
Directors of
the Service Board making the acquisition. The 
requirements set forth
in this Section shall not apply to 
purchase of service
agreements or other
contracts, purchases or 
sales entered into by the Authority with any
transportation 
agency or unit of local government.

    (b) (1) In connection with two-phase design/build 
selection procedures
authorized in this Section, a Service 
Board may authorize, by
the affirmative vote of two-thirds of 
the then members of the
Service Board, the use of competitive 
selection and the prequalification of
responsible bidders 
consistent with applicable federal regulations and this

subsection (b).

        (2) Two-phase design/build selection procedures shall 
    consist of the
following:

            (i) A Service Board shall develop, through 
        licensed
architects or licensed engineers, a scope of 
        work statement for inclusion in
the solicitation for 
        phase-one proposals that defines the project and 
        provides
prospective offerors with sufficient 
        information regarding the
Service Board's 
        requirements.  The statement shall include criteria and

        preliminary design, and general budget parameters and 
        general schedule or
delivery requirements
to enable 
        the offerors to submit proposals which meet the
Service 
        Board's needs.
When the two-phase design/build 
        selection procedure is used and the
Service Board 
        contracts for development of the scope of work 
        statement, the
Service Board shall contract for 
        architectural or engineering
services as defined by 
        and in accordance with the Architectural, Engineering,

        and Land Surveying Qualifications Based Selection Act 
        and all applicable
licensing statutes.

            (ii) The evaluation factors to be used in 
        evaluating phase-one proposals
must be stated in the 
        solicitation and must include specialized experience 
        and
technical competence, capability to perform, past 
        performance of the offeror's
team (including the 
        architect-engineer and construction members of the 
        team)
and other appropriate technical and 
        qualifications factors.  Each solicitation
must 
        establish the relative importance assigned to the 
        evaluation factors and
the subfactors that must be 
        considered in the evaluation of phase-one proposals
on 
        the basis of the evaluation factors set forth in the 
        solicitation.  Each
design/build team must include a 
        licensed design professional independent from
the 
        Service Board's licensed architect or engineer and a

        licensed design professional must be named in the 
        phase-one proposals submitted
to the
Service Board.

            (iii) On the basis of the phase-one proposal the 
        Service
Board shall select as the most highly qualified 
        the number of offerors
specified in the solicitation 
        and request the selected offerors to submit
phase-two 
        competitive proposals and cost or price information.  
        Each
solicitation must establish the relative 
        importance assigned to the evaluation
factors and the 
        subfactors that must be considered in the evaluation of

        phase-two proposals on the basis of the evaluation 
        factors set forth in the
solicitation.  A Service Board 
        may negotiate with the selected
design/build team 
        after award but prior to contract execution for the 
        purpose
of securing better terms than originally 
        proposed, provided the salient
features of the 
        design/build solicitation are not diminished. Each 
        phase-two
solicitation evaluates separately (A) the 
        technical submission for the
proposal, including 
        design concepts or proposed solutions to requirements

        addressed within the scope of work, and (B) the 
        evaluation factors and
subfactors, including cost or 
        price, that must be considered in the evaluations
of 
        proposals.

            (iv) A design/build solicitation issued under the 
        procedures in this
subsection (b) shall state the 
        maximum number of offerors that are to be
selected to 
        submit competitive phase-two proposals.  The maximum 
        number
specified in the solicitation shall not exceed 5 
        unless the
Service Board with respect to an individual 
        solicitation determines that a
specified number 
        greater than 5 is in the best interest of the
Service 
        Board and is consistent with the purposes and 
        objectives of the
two-phase design/build selection 
        process.

            (v) All designs submitted as part of the two-phase 
        selection process and
not selected shall be 
        proprietary to the preparers.

(Source: P.A. 98-1156, eff. 1-9-15.)

 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.