HB6843 93RD GENERAL ASSEMBLY

LRB093 19511 RCE 46396 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB6843

Introduced 02/09/04, by Jay C. Hoffman

SYNOPSIS AS INTRODUCED:

20 ILCS 3105/12	from Ch. 127, par. 782
30 ILCS 535/5	from Ch. 127, par. 4151-5
30 ILCS 535/15	from Ch. 127, par. 4151-15
50 ILCS 510/1	from Ch. 85, par. 6401
50 ILCS 510/3	from Ch. 85, par. 6403
50 ILCS 510/4	from Ch. 85, par. 6404
50 ILCS 510/5	from Ch. 85, par. 6405
50 ILCS 510/6	from Ch. 85, par. 6406

Amends the Capital Development Board Act to provide, notwithstanding other provisions of the Act, that community college districts are subject to the Local Government Professional Services Selection Act and that universities and the Illinois Community College Board are subject to the Architectural, Engineering, and Land Surveying Qualifications Based Selection Act. Amends the Architectural, Engineering, and Land Surveying Qualifications Based Selection Act to provide that selection shall be conducted by the Capital Development Board on behalf of universities and the Illinois Community College Board unless waived by the Executive Director of CDB. Amends the Local Government Professional Services Selection Act (i) to provide that selection shall be conducted by the Capital Development Board on behalf of political subdivisions, including without limitation community college districts, for projects that are funded in whole or in part by the State unless waived by the Executive Director of CDB and (ii) to remove an exception to the requirements of the Act when the political subdivision "has a satisfactory relationship for services with one or more firms". Effective July 1, 2004.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning procurement.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Capital Development Board Act is amended by changing Section 12 as follows:

(20 ILCS 3105/12) (from Ch. 127, par. 782)

Sec. 12. Universities and community college districts. Nothing in this Act shall be construed to include the power to abrogate those powers vested in the boards of the local public community college districts and the Illinois Community College Board by the Public Community College Act, the Board of Trustees of the University of Illinois, the The Board of Trustees of Southern Illinois University, the Board of Trustees of Chicago State University, the Board of Trustees of Eastern Illinois University, the Board of Trustees of Governors State University, the Board of Trustees of Illinois State University, the Board of Trustees of Northeastern Illinois University, the Board of Trustees of Northern Illinois University, and the Board of Trustees of Western Illinois University, hereinafter referred to as Governing Boards. In the exercise of the powers conferred by law upon the Board and in the exercise of the powers vested in such Governing Boards, it is hereby provided that (i) the Board and any such Governing Board may contract with each other and other parties as to the design and construction of any project to be constructed for or upon the property of such Governing Board or any institution under its jurisdiction; (ii) in connection with any such project, compliance with the provisions of the Illinois Purchasing Act by either the Board or such Governing Board shall be deemed to be compliance by the other; (iii) funds appropriated to any such Governing Board may be expended for any project constructed by the Board for such Governing Board; (iv) in connection with any such project the architects and engineers retained for the project and the plans and specifications for the project must be approved by both the Governing Board and the Board before undertaking either design or construction of the project, as the case may be.

Notwithstanding any of the other provisions of this Section, the boards of the local community college districts must comply with and are subject to the Local Government Professional Services Selection Act and the university boards and the Illinois Community College Board must comply with and are subject to the Architectural, Engineering, and Land Surveying Qualifications Based Selection Act.

(Source: P.A. 89-4, eff. 1-1-96.)

Section 10. The Architectural, Engineering, and Land Surveying Qualifications Based Selection Act is amended by changing Sections 5 and 15 as follows:

(30 ILCS 535/5) (from Ch. 127, par. 4151-5)

Sec. 5. State policy on procurement of architectural, engineering, and land surveying services. It is the policy of State agencies of this State to publicly announce all requirements for architectural, engineering, and land surveying services, to procure these services on the basis of demonstrated competence and qualifications, to negotiate contracts at fair and reasonable prices, and to authorize the Department of Professional Regulation to enforce the provisions of Section 65 of this Act.

It is further the policy of this State that all procurement of architectural, engineering, and land surveying services for university projects and projects of the Illinois Community College Board, including without limitation small contracts under Section 45 and emergency services under Section 50, shall be conducted by the Capital Development Board on behalf of the university or the Illinois Community College Board unless the Executive Director of the Capital Development Board grants a written waiver to the university or to the Illinois Community College Board with respect to a specific project.

(Source: P.A. 87-673.)

(30 ILCS 535/15) (from Ch. 127, par. 4151-15)

Sec. 15. Definitions. As used in this Act:

"Architectural services" means any professional service as defined in Section 5 of the Illinois Architecture Practice Act of 1989.

"Engineering services" means any professional service as defined in Section 4 of the Professional Engineering Practice Act of 1989 or Section 5 of the Structural Engineering Practice Act of 1989.

"Firm" means any individual, sole proprietorship, firm, partnership, corporation, association, or other legal entity permitted by law to practice the profession of architecture, engineering, or land surveying and provide those services.

"Land surveying services" means any professional service as defined in Section 5 of the Illinois Professional Land Surveyor Act of 1989.

"Project" means any capital improvement project or any design, study, plan, survey, or new or existing program activity of a State agency, including development of new or existing programs that require architectural, engineering, or land surveying services.

"State agency" means any department, commission, council, board, bureau, committee, institution, agency, university, government corporation, authority, or other establishment or official of this State. When the "State agency" is a university or the Illinois Community College Board, the Capital Development Board shall conduct all matters under this Act on behalf of the university or the Illinois Community College Board unless the Executive Director of the Capital Development Board grants a written waiver to the university or the Illinois Community College Board with respect to a specific project.

(Source: P.A. 91-91, eff. 1-1-00.)

Section 15. The Local Government Professional Services Selection Act is amended by changing Sections 1, 3, 4, 5, and 6 as follows:

(50 ILCS 510/1) (from Ch. 85, par. 6401)

Sec. 1. Policy. It shall be the policy of the political subdivisions of the State of Illinois to negotiate and enter into contracts for architectural, engineering and land surveying services on the basis of demonstrated competence and qualifications for the type of services required and at fair and reasonable compensation.

It is further the policy of this State that all procurement of architectural, engineering, and land surveying services for projects that are funded in whole or in part by the State, including without limitation small contracts and emergency services under Section 8, shall be conducted by the Capital Development Board on behalf of the political subdivision unless the Executive Director of the Capital Development Board grants a written waiver to the political subdivision with respect to a specific project.

(Source: P.A. 85-854.)

(50 ILCS 510/3) (from Ch. 85, par. 6403)

Sec. 3. Definitions. As used in this Act unless the context specifically requires otherwise:

(1) "Firm" means any individual, firm, partnership, corporation, association or other legal entity permitted by law to practice the profession of architecture, engineering or land surveying and provide architectural, engineering or land surveying services.

(2) "Architectural services" means any professional service as defined in Section 5 of the Illinois Architecture Practice Act of 1989.

(3) "Engineering services" means any professional service as defined in Section 4 of the Professional Engineering Practice Act of 1989 or Section 5 of the Structural Engineering Practice Act of 1989.

(4) "Land surveying services" means any professional service as defined in Section 5 of the Illinois Professional Land Surveyor Act of 1989.

(5) "Political subdivision" means any school district and any unit of local government, including without limitation any community college district, of fewer than 3,000,000 inhabitants, except home rule units. When a project of a "political subdivision" is funded in whole or in part by the State, the Capital Development Board shall conduct all matters under this Act on behalf of the political subdivision unless the Executive Director of the Capital Development Board grants a written waiver to the political subdivision with respect to that specific project.

(6) "Project" means any capital improvement project or any study, plan, survey or new or existing program activity of a political subdivision, including development of new or existing programs which require architectural, engineering or land surveying services.

(Source: P.A. 91-91, eff. 1-1-00.)

(50 ILCS 510/4) (from Ch. 85, par. 6404)

Sec. 4. Public notice. Present provisions of law notwithstanding, in the procurement of architectural, engineering or land surveying services, each political subdivision which utilizes architectural, engineering or land surveying services shall permit firms engaged in the lawful practice of their professions to annually file a statement of qualifications and performance data with the political subdivision. Whenever a project requiring architectural, engineering or land surveying services is proposed for a political subdivision, the political subdivision shall, unless it has a satisfactory relationship for services with one or more firms:

(1) Mail a notice requesting a statement of interest in the specific project to all firms who have a current statement of qualifications and performance data on file with the political subdivision; or

(2) Place an advertisement in a secular English language daily newspaper of general circulation throughout such political subdivision, requesting a statement of interest in the specific project and further requesting statements of qualifications and performance data from those firms which do not have such a statement on file with the political subdivision. Such advertisement shall state the day, hour and place the statement of interest and the statements of qualifications and performance data shall be due.

(Source: P.A. 85-854.)

(50 ILCS 510/5) (from Ch. 85, par. 6405)

Sec. 5. Evaluation of firms Selection Procedure. A political subdivision shall, unless it has a satisfactory relationship for services with one or more firms, evaluate the firms submitting letters of interest, taking into account qualifications, ability of professional personnel, past record and experience, performance data on file, willingness to meet time and budget requirements, location, workload of the firm and such other factors as the political subdivision may determine in writing are applicable. The political subdivision may conduct discussions with and require public presentations by firms deemed to be the most qualified regarding their qualifications, approach to the project and ability to furnish the required services.

(Source: P.A. 85-854.)

(50 ILCS 510/6) (from Ch. 85, par. 6406)

Sec. 6. Selection procedure. On the basis of evaluations, discussions and presentations, the political subdivision shall, unless it has a satisfactory relationship for services with one or more firms, select no less than 3 firms which it determines to be the most qualified to provide services for the project and rank them in order of qualifications to provide services regarding the specific project. The political subdivision shall then contact the firm ranked most preferred and attempt to negotiate a contract at a fair and reasonable compensation, taking into account the estimated value, scope, complexity, and professional nature of the services to be rendered. If fewer than 3 firms submit letters of interest and the political subdivision determines that one or both of those firms are so qualified, the political subdivision may proceed to negotiate a contract pursuant to this Section and Section 7.

(Source: P.A. 85-854.)

Section 99. Effective date. This Act takes effect July 1, 2004.