| |||||||
| |||||||
| |||||||
1 | AN ACT concerning government.
| ||||||
2 | Be it enacted by the People of the State of Illinois,
| ||||||
3 | represented in the General Assembly:
| ||||||
4 | Section 5. The Metropolitan Transit Authority Act is | ||||||
5 | amended by changing Section 32 as follows:
| ||||||
6 | (70 ILCS 3605/32) (from Ch. 111 2/3, par. 332)
| ||||||
7 | Sec. 32.
The Board shall adopt regulations to insure that | ||||||
8 | the
construction or acquisition by the Authority of services or | ||||||
9 | public
transportation facilities (other than real estate) | ||||||
10 | involving a cost of more
than the small purchase threshold set | ||||||
11 | by the Federal Transit Administration $40,000 and the | ||||||
12 | disposition of all property of the Authority shall be
after | ||||||
13 | public notice and with public bidding. The regulations may | ||||||
14 | provide
for exceptions to the requirements for the issuance and | ||||||
15 | sale of bonds or
notes of the Authority, to the acquisition of | ||||||
16 | professional or utility
services and to other matters for which | ||||||
17 | public bidding is disadvantageous. The
regulations may also | ||||||
18 | provide for the use of competitive negotiations or the
| ||||||
19 | prequalification of responsible bidders consistent with | ||||||
20 | applicable federal
regulations. The requirements set forth | ||||||
21 | therein shall not apply to
purchase of service agreements or | ||||||
22 | other contracts, purchases or sales
entered into by the | ||||||
23 | Authority with any transportation agency or unit of
local |
| |||||||
| |||||||
1 | government.
| ||||||
2 | (Source: P.A. 98-1156, eff. 1-9-15.)
| ||||||
3 | Section 10. The Local Mass Transit District Act is amended | ||||||
4 | by changing Section 5.5 as follows: | ||||||
5 | (70 ILCS 3610/5.5) | ||||||
6 | Sec. 5.5. Public bidding. The Board shall adopt regulations | ||||||
7 | to ensure that the construction or acquisition by the District | ||||||
8 | of services or public transportation facilities (other than | ||||||
9 | real estate) involving a cost of more than the small purchase | ||||||
10 | threshold set by the Federal Transit Administration $40,000 and | ||||||
11 | the disposition of all property of the District shall be after | ||||||
12 | public notice and with public bidding. The regulations may | ||||||
13 | provide for exceptions to the requirements for the issuance and | ||||||
14 | sale of bonds or notes of the District, to the acquisition of | ||||||
15 | professional or utility services and to other matters for which | ||||||
16 | public bidding is disadvantageous. The regulations may also | ||||||
17 | provide for the use of competitive negotiations or the | ||||||
18 | prequalification of responsible bidders consistent with | ||||||
19 | applicable federal regulations. The requirements set forth | ||||||
20 | therein shall not apply to purchase of service agreements or | ||||||
21 | other contracts, purchases or sales entered into by the | ||||||
22 | District with any transportation agency or unit of local | ||||||
23 | government.
| ||||||
24 | (Source: P.A. 98-1156, eff. 1-9-15.)
|
| |||||||
| |||||||
1 | Section 15. The Regional Transportation Authority Act is | ||||||
2 | amended by changing Section 4.06 as follows:
| ||||||
3 | (70 ILCS 3615/4.06) (from Ch. 111 2/3, par. 704.06)
| ||||||
4 | Sec. 4.06. Public bidding.
| ||||||
5 | (a) The Board shall adopt regulations to ensure
that the | ||||||
6 | construction or acquisition by the Authority or a Service Board
| ||||||
7 | other than the Chicago Transit Authority of services or public
| ||||||
8 | transportation facilities (other than real estate) involving a | ||||||
9 | cost of more
than the small purchase threshold set by the | ||||||
10 | Federal Transit Administration $40,000 and the disposition of | ||||||
11 | all property of the Authority or a
Service Board other than the | ||||||
12 | Chicago Transit Authority shall be after
public notice and with | ||||||
13 | public bidding. Such regulations may provide for
exceptions to | ||||||
14 | such requirements for acquisition of repair parts, | ||||||
15 | accessories,
equipment or services previously furnished or | ||||||
16 | contracted for; for the
immediate delivery of supplies, | ||||||
17 | material or equipment or performance of
service when it is | ||||||
18 | determined by the concurrence of two-thirds of the then
| ||||||
19 | Directors that an emergency requires immediate delivery or | ||||||
20 | supply thereof;
for goods or services that are economically | ||||||
21 | procurable from only one
source; for contracts for the | ||||||
22 | maintenance or servicing of equipment which
are made with the | ||||||
23 | manufacturers or authorized service agent of that
equipment | ||||||
24 | where the maintenance or servicing can best be performed by the
|
| |||||||
| |||||||
1 | manufacturer or authorized service agent or such a contract | ||||||
2 | would be
otherwise advantageous to the Authority or a Service | ||||||
3 | Board, other
than the Chicago Transit Authority, except that | ||||||
4 | the exceptions in this
clause shall not apply to contracts for | ||||||
5 | plumbing, heating, piping,
refrigeration and automatic | ||||||
6 | temperature control systems, ventilating and
distribution | ||||||
7 | systems for conditioned air, and electrical wiring; for goods
| ||||||
8 | or services procured from another governmental agency; for | ||||||
9 | purchases and
contracts for the use or purchase of data | ||||||
10 | processing equipment and data
processing systems software; for | ||||||
11 | the acquisition of professional or
utility services; and for | ||||||
12 | the acquisition of public transportation
equipment including, | ||||||
13 | but not limited to, rolling stock, locomotives and
buses, | ||||||
14 | provided that: (i) it is determined by a vote of 2/3 of the | ||||||
15 | then
Directors of the Service Board making the acquisition that | ||||||
16 | a negotiated
acquisition offers opportunities with respect to | ||||||
17 | the cost or financing of
the equipment, its delivery, or the | ||||||
18 | performance of a portion of the work
within the State or the | ||||||
19 | use of goods produced or
services provided within the State; | ||||||
20 | (ii) a notice of intention to negotiate
for the acquisition of | ||||||
21 | such public transportation equipment is published in
a | ||||||
22 | newspaper of general circulation within the City of Chicago | ||||||
23 | inviting
proposals from qualified vendors; and (iii) any | ||||||
24 | contract with respect to
such acquisition is authorized by a | ||||||
25 | vote of 2/3 of the then Directors of
the Service Board making | ||||||
26 | the acquisition. The requirements set forth
in this Section |
| |||||||
| |||||||
1 | shall not apply to purchase of service
agreements or other
| ||||||
2 | contracts, purchases or sales entered into by the Authority | ||||||
3 | with any
transportation agency or unit of local government.
| ||||||
4 | (b) (1) In connection with two-phase design/build | ||||||
5 | selection procedures
authorized in this Section, a Service | ||||||
6 | Board may authorize, by
the affirmative vote of two-thirds of | ||||||
7 | the then members of the
Service Board, the use of competitive | ||||||
8 | selection and the prequalification of
responsible bidders | ||||||
9 | consistent with applicable federal regulations and this
| ||||||
10 | subsection (b).
| ||||||
11 | (2) Two-phase design/build selection procedures shall | ||||||
12 | consist of the
following:
| ||||||
13 | (i) A Service Board shall develop, through | ||||||
14 | licensed
architects or licensed engineers, a scope of | ||||||
15 | work statement for inclusion in
the solicitation for | ||||||
16 | phase-one proposals that defines the project and | ||||||
17 | provides
prospective offerors with sufficient | ||||||
18 | information regarding the
Service Board's | ||||||
19 | requirements. The statement shall include criteria and
| ||||||
20 | preliminary design, and general budget parameters and | ||||||
21 | general schedule or
delivery requirements
to enable | ||||||
22 | the offerors to submit proposals which meet the
Service | ||||||
23 | Board's needs.
When the two-phase design/build | ||||||
24 | selection procedure is used and the
Service Board | ||||||
25 | contracts for development of the scope of work | ||||||
26 | statement, the
Service Board shall contract for |
| |||||||
| |||||||
1 | architectural or engineering
services as defined by | ||||||
2 | and in accordance with the Architectural, Engineering,
| ||||||
3 | and Land Surveying Qualifications Based Selection Act | ||||||
4 | and all applicable
licensing statutes.
| ||||||
5 | (ii) The evaluation factors to be used in | ||||||
6 | evaluating phase-one proposals
must be stated in the | ||||||
7 | solicitation and must include specialized experience | ||||||
8 | and
technical competence, capability to perform, past | ||||||
9 | performance of the offeror's
team (including the | ||||||
10 | architect-engineer and construction members of the | ||||||
11 | team)
and other appropriate technical and | ||||||
12 | qualifications factors. Each solicitation
must | ||||||
13 | establish the relative importance assigned to the | ||||||
14 | evaluation factors and
the subfactors that must be | ||||||
15 | considered in the evaluation of phase-one proposals
on | ||||||
16 | the basis of the evaluation factors set forth in the | ||||||
17 | solicitation. Each
design/build team must include a | ||||||
18 | licensed design professional independent from
the | ||||||
19 | Service Board's licensed architect or engineer and a
| ||||||
20 | licensed design professional must be named in the | ||||||
21 | phase-one proposals submitted
to the
Service Board.
| ||||||
22 | (iii) On the basis of the phase-one proposal the | ||||||
23 | Service
Board shall select as the most highly qualified | ||||||
24 | the number of offerors
specified in the solicitation | ||||||
25 | and request the selected offerors to submit
phase-two | ||||||
26 | competitive proposals and cost or price information. |
| |||||||
| |||||||
1 | Each
solicitation must establish the relative | ||||||
2 | importance assigned to the evaluation
factors and the | ||||||
3 | subfactors that must be considered in the evaluation of
| ||||||
4 | phase-two proposals on the basis of the evaluation | ||||||
5 | factors set forth in the
solicitation. A Service Board | ||||||
6 | may negotiate with the selected
design/build team | ||||||
7 | after award but prior to contract execution for the | ||||||
8 | purpose
of securing better terms than originally | ||||||
9 | proposed, provided the salient
features of the | ||||||
10 | design/build solicitation are not diminished. Each | ||||||
11 | phase-two
solicitation evaluates separately (A) the | ||||||
12 | technical submission for the
proposal, including | ||||||
13 | design concepts or proposed solutions to requirements
| ||||||
14 | addressed within the scope of work, and (B) the | ||||||
15 | evaluation factors and
subfactors, including cost or | ||||||
16 | price, that must be considered in the evaluations
of | ||||||
17 | proposals.
| ||||||
18 | (iv) A design/build solicitation issued under the | ||||||
19 | procedures in this
subsection (b) shall state the | ||||||
20 | maximum number of offerors that are to be
selected to | ||||||
21 | submit competitive phase-two proposals. The maximum | ||||||
22 | number
specified in the solicitation shall not exceed 5 | ||||||
23 | unless the
Service Board with respect to an individual | ||||||
24 | solicitation determines that a
specified number | ||||||
25 | greater than 5 is in the best interest of the
Service | ||||||
26 | Board and is consistent with the purposes and |
| |||||||
| |||||||
1 | objectives of the
two-phase design/build selection | ||||||
2 | process.
| ||||||
3 | (v) All designs submitted as part of the two-phase | ||||||
4 | selection process and
not selected shall be | ||||||
5 | proprietary to the preparers.
| ||||||
6 | (Source: P.A. 98-1156, eff. 1-9-15.)
| ||||||
7 | Section 99. Effective date. This Act takes effect upon | ||||||
8 | becoming law.
|