State of Illinois
2017 and 2018


Introduced , by Rep. Arthur Turner


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

    Amends the Regional Transportation Authority Act. Provides that the Regional Transportation Authority 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 (rather than $40,000) shall be after public notice and with public bidding. Effective immediately.

LRB100 10637 AWJ 20860 b






HB2953LRB100 10637 AWJ 20860 b

1    AN ACT concerning government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Regional Transportation Authority Act is
5amended by changing Section 4.06 as follows:
6    (70 ILCS 3615/4.06)  (from Ch. 111 2/3, par. 704.06)
7    Sec. 4.06. Public bidding.
8    (a) The Board shall adopt regulations to ensure that the
9construction or acquisition by the Authority or a Service Board
10other than the Chicago Transit Authority of services or public
11transportation facilities (other than real estate) involving a
12cost of more than the small purchase threshold set by the
13Federal Transit Administration $40,000 and the disposition of
14all property of the Authority or a Service Board other than the
15Chicago Transit Authority shall be after public notice and with
16public bidding. Such regulations may provide for exceptions to
17such requirements for acquisition of repair parts,
18accessories, equipment or services previously furnished or
19contracted for; for the immediate delivery of supplies,
20material or equipment or performance of service when it is
21determined by the concurrence of two-thirds of the then
22Directors that an emergency requires immediate delivery or
23supply thereof; for goods or services that are economically



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1procurable from only one source; for contracts for the
2maintenance or servicing of equipment which are made with the
3manufacturers or authorized service agent of that equipment
4where the maintenance or servicing can best be performed by the
5manufacturer or authorized service agent or such a contract
6would be otherwise advantageous to the Authority or a Service
7Board, other than the Chicago Transit Authority, except that
8the exceptions in this clause shall not apply to contracts for
9plumbing, heating, piping, refrigeration and automatic
10temperature control systems, ventilating and distribution
11systems for conditioned air, and electrical wiring; for goods
12or services procured from another governmental agency; for
13purchases and contracts for the use or purchase of data
14processing equipment and data processing systems software; for
15the acquisition of professional or utility services; and for
16the acquisition of public transportation equipment including,
17but not limited to, rolling stock, locomotives and buses,
18provided that: (i) it is determined by a vote of 2/3 of the
19then Directors of the Service Board making the acquisition that
20a negotiated acquisition offers opportunities with respect to
21the cost or financing of the equipment, its delivery, or the
22performance of a portion of the work within the State or the
23use of goods produced or services provided within the State;
24(ii) a notice of intention to negotiate for the acquisition of
25such public transportation equipment is published in a
26newspaper of general circulation within the City of Chicago



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1inviting proposals from qualified vendors; and (iii) any
2contract with respect to such acquisition is authorized by a
3vote of 2/3 of the then Directors of the Service Board making
4the acquisition. The requirements set forth in this Section
5shall not apply to purchase of service agreements or other
6contracts, purchases or sales entered into by the Authority
7with any transportation agency or unit of local government.
8    (b) (1) In connection with two-phase design/build
9selection procedures authorized in this Section, a Service
10Board may authorize, by the affirmative vote of two-thirds of
11the then members of the Service Board, the use of competitive
12selection and the prequalification of responsible bidders
13consistent with applicable federal regulations and this
14subsection (b).
15        (2) Two-phase design/build selection procedures shall
16    consist of the following:
17            (i) A Service Board shall develop, through
18        licensed architects or licensed engineers, a scope of
19        work statement for inclusion in the solicitation for
20        phase-one proposals that defines the project and
21        provides prospective offerors with sufficient
22        information regarding the Service Board's
23        requirements. The statement shall include criteria and
24        preliminary design, and general budget parameters and
25        general schedule or delivery requirements to enable
26        the offerors to submit proposals which meet the Service



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1        Board's needs. When the two-phase design/build
2        selection procedure is used and the Service Board
3        contracts for development of the scope of work
4        statement, the Service Board shall contract for
5        architectural or engineering services as defined by
6        and in accordance with the Architectural, Engineering,
7        and Land Surveying Qualifications Based Selection Act
8        and all applicable licensing statutes.
9            (ii) The evaluation factors to be used in
10        evaluating phase-one proposals must be stated in the
11        solicitation and must include specialized experience
12        and technical competence, capability to perform, past
13        performance of the offeror's team (including the
14        architect-engineer and construction members of the
15        team) and other appropriate technical and
16        qualifications factors. Each solicitation must
17        establish the relative importance assigned to the
18        evaluation factors and the subfactors that must be
19        considered in the evaluation of phase-one proposals on
20        the basis of the evaluation factors set forth in the
21        solicitation. Each design/build team must include a
22        licensed design professional independent from the
23        Service Board's licensed architect or engineer and a
24        licensed design professional must be named in the
25        phase-one proposals submitted to the Service Board.
26            (iii) On the basis of the phase-one proposal the



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1        Service Board shall select as the most highly qualified
2        the number of offerors specified in the solicitation
3        and request the selected offerors to submit phase-two
4        competitive proposals and cost or price information.
5        Each solicitation must establish the relative
6        importance assigned to the evaluation factors and the
7        subfactors that must be considered in the evaluation of
8        phase-two proposals on the basis of the evaluation
9        factors set forth in the solicitation. A Service Board
10        may negotiate with the selected design/build team
11        after award but prior to contract execution for the
12        purpose of securing better terms than originally
13        proposed, provided the salient features of the
14        design/build solicitation are not diminished. Each
15        phase-two solicitation evaluates separately (A) the
16        technical submission for the proposal, including
17        design concepts or proposed solutions to requirements
18        addressed within the scope of work, and (B) the
19        evaluation factors and subfactors, including cost or
20        price, that must be considered in the evaluations of
21        proposals.
22            (iv) A design/build solicitation issued under the
23        procedures in this subsection (b) shall state the
24        maximum number of offerors that are to be selected to
25        submit competitive phase-two proposals. The maximum
26        number specified in the solicitation shall not exceed 5



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1        unless the Service Board with respect to an individual
2        solicitation determines that a specified number
3        greater than 5 is in the best interest of the Service
4        Board and is consistent with the purposes and
5        objectives of the two-phase design/build selection
6        process.
7            (v) All designs submitted as part of the two-phase
8        selection process and not selected shall be
9        proprietary to the preparers.
10(Source: P.A. 98-1156, eff. 1-9-15.)
11    Section 99. Effective date. This Act takes effect upon
12becoming law.