SB0584sam002 99TH GENERAL ASSEMBLY

Sen. Don Harmon

Filed: 5/26/2016

09900SB0584sam002 LRB099 02983 MLM 49274 a

AMENDMENT TO SENATE BILL 584

AMENDMENT NO. ______. Amend Senate Bill 584, AS AMENDED, with reference to page and line numbers of Senate Amendment No. 1, as follows:

on page 7, line 15, by deleting "35-5, 35-30,"; and

on page 7, line 17, by deleting "20-51,"; and

on page 25, line 16, after "program.", by inserting ""Construction support" does not include construction-related services."; and

on page 30, line 3, by replacing "15" with "14"; and

on page 30, line 16, by replacing "15-day" with "14-day"; and

on page 43, line 21, after "agency", by inserting "as needs are determined by the State agency"; and

on page 43, line 22, after "pool", by inserting "following the procedures in this subsection (h)"; and

on page 48, line 21, after "agency", by inserting "as needs are determined by the State agency"; and

on page 48, line 22, after "pool", by inserting "following the procedures in this subsection (h)"; and

on page 53, line 4, after "pool", by inserting "following the procedures in this subsection (h)"; and

on page 53, line 15, after "Section.", by inserting "Any procurement of construction not exceeding $100,000 may be made by an alternative competitive source selection. The construction agency shall establish rules for an alternative competitive source selection process. This Section does not apply to construction-related professional services contracts awarded in accordance with the provisions of the Architectural, Engineering, and Land Surveying Qualifications Based Selection Act."; and

on page 57, lines 11 and 12, by deleting "or requiring the purchasing agency to file"; and

on page 58, line 19, after "proposal.", by inserting "This Section shall not apply to construction contracts that are subject to the requirements of Sections 30-20 and 33-10 of this Code. The pre-qualification requirements of Sections 30-20 and 33-10 of this Code shall include the requirement that the bidder be registered with the Secretary of State."; and

by deleting line 21 on page 58 through line 26 on page 59; and

on page 67, line 2, after "Board", by inserting "or his or her designee"; and

by replacing line 19 on page 68 through line 9 on page 71 with the following:

"(30 ILCS 500/25-85 new)

Sec. 25-85. Best value procurement.

(a) This Section shall apply only to purchases of heavy mobile fleet vehicles and off-road construction equipment procured by or on behalf of:

(1) institutions of higher education;

(2) the Department of Agriculture;

(3) the Department of Transportation; and

(4) the Department of Natural Resources.

(b) As used in this Section, "best value procurement" means a contract award determined by objective criteria related to price, features, functions, and life-cycle costs that may include the following:

(1) total cost of ownership, including warranty, under which all repair costs are borne solely by the warranty provider; repair costs; maintenance costs; fuel consumption; and salvage value;

(2) product performance, productivity, and safety standards;

(3) the supplier's ability to perform to the contract requirements; and

(4) environmental benefits, including reduction of greenhouse gas emissions, reduction of air pollutant emissions, or reduction of toxic or hazardous materials.

(c) The department or institution may enter into a contract for heavy mobile fleet vehicles and off-road construction equipment for use by the department or institution by means of best value procurement, using specifications and criteria developed in consultation with the Chief Procurement Officer of each designated department or institution and conducted in accordance with Section 20-15 of this Code.

(d) In addition to disclosure of the minimum requirements for qualification, the solicitation document shall specify which business performance measures, in addition to price, shall be given a weighted value. The solicitation shall include a scoring method based on those factors and price in determining the successful offeror. Any evaluation and scoring method shall ensure substantial weight is given to the contract price.

(e) Upon written request of any person who has submitted an offer, notice of the award shall be posted in a public place in the offices of the department or institution at least 24 hours before executing the contract or purchase order. If, before making an award, any offeror who has submitted a bid files a protest with the department or institution against the awarding of the contract or purchase order on the ground that his or her offer should have been selected in accordance with the selection criteria in the solicitation document, the contract or purchase order shall not be awarded until either the protest has been withdrawn or the appropriate Chief Procurement Officer has made a final decision as to the action to be taken relative to the protest. Within 10 days after filing a protest, the protesting offeror shall file with the Chief Procurement Officer a full and complete written statement specifying in detail the ground of the protest and the facts in support thereof.

(f) The total annual value of vehicles and equipment purchased through best value procurement pursuant to this Section shall be limited to $20,000,000 per each department of institution.

(g) Best value procurement shall only be used on procurements first solicited on or before June 30, 2019.

(h) On or before January 1, 2020, the Chief Procurement Officer of each designated department or institution shall prepare an evaluation of the best value procurement pilot program authorized by this Section, including a recommendation on whether or not the process should be continued. The evaluation shall be posted in the applicable volume or volumes of the Illinois Procurement Bulletin on or before January 1, 2020.

(i) This Section is repealed on January 1, 2020."; and

by deleting line 10 on page 71 through line 2 on page 75; and

on page 101, line 20, after "award", by inserting "or prior to bid opening for State contracts for construction or construction-related services".