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