SB0272sam001 98TH GENERAL ASSEMBLY

Sen. Dan Kotowski

Filed: 3/12/2013

09800SB0272sam001 LRB098 04478 HLH 42186 a

AMENDMENT TO SENATE BILL 272

AMENDMENT NO. ______. Amend Senate Bill 272 by replacing everything after the enacting clause with the following:

"Section 5. The Architectural, Engineering, and Land Surveying Qualifications Based Selection Act is amended by changing Sections 5 and 30 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, and local preference as set forth in Section 30 of this Act, 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.

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

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

Sec. 30. Evaluation procedure. A State agency shall evaluate the firms submitting letters of interest and other prequalified firms, taking into account qualifications; and the State agency may consider, but shall not be limited to considering, ability of professional personnel, past record and experience, performance data on file, willingness to meet time requirements, location, workload of the firm, and any other qualifications based factors as the State agency may determine in writing are applicable. A State agency may give preference to firms that (i) are incorporated in the State and (ii) employ full-time residents of the State as at least 50% of the firm's workforce. The State agency 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.

A State agency shall establish a committee to select firms to provide architectural, engineering, and land surveying services. A selection committee may include at least one public member nominated by a statewide association of the profession affected. The public member may not be employed or associated with any firm holding a contract with the State agency nor may the public member's firm be considered for a contract with that State agency while he or she is serving as a public member of the committee.

In addition, the Department of Transportation may appoint public members to selection committees that represent the geographic, ethnic, and cultural diversity of the population of the State, including persons nominated by associations representing minority and female-owned business associations. Public members shall be licensed in or have received a degree from an accredited college or university in one of the professions affected and shall not be employed by, associated with, or have an ownership interest in any firm holding or seeking to hold a contract while serving as a public member of the committee.

In no case shall a State agency, prior to selecting a firm for negotiation under Section 40, seek formal or informal submission of verbal or written estimates of costs or proposals in terms of dollars, hours required, percentage of construction cost, or any other measure of compensation.

(Source: P.A. 96-37, eff. 7-13-09; 96-849, eff. 12-23-09.)".