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1 | AN ACT concerning local government. | ||||||
2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly: | ||||||
4 | Section 5. The Regional Transportation Authority Act is | ||||||
5 | amended 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 | ||||||
9 | acquisition by the Authority or a Service Board other than the | ||||||
10 | Chicago Transit Authority of services or public transportation | ||||||
11 | facilities (other than real estate) involving a cost of more | ||||||
12 | than the small purchase threshold set by the Federal Transit | ||||||
13 | Administration and the disposition of all property of the | ||||||
14 | Authority or a Service Board other than the Chicago Transit | ||||||
15 | Authority shall be after public notice and with public | ||||||
16 | bidding. The Board shall adopt regulations to ensure that the | ||||||
17 | construction, demolition, rehabilitation, renovation, and | ||||||
18 | building maintenance projects by the Authority or a Service | ||||||
19 | Board other than the Chicago Transit Authority for services or | ||||||
20 | public transportation facilities involving a cost of more than | ||||||
21 | $40,000 shall be after public notice and with public bidding. | ||||||
22 | Such regulations may provide for exceptions to such | ||||||
23 | requirements for acquisition of repair parts, accessories, |
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1 | equipment or services previously furnished or contracted for; | ||||||
2 | for the immediate delivery of supplies, material or equipment | ||||||
3 | or performance of service when it is determined by the | ||||||
4 | concurrence of two-thirds of the then Directors that an | ||||||
5 | emergency requires immediate delivery or supply thereof; for | ||||||
6 | goods or services that are economically procurable from only | ||||||
7 | one source; for contracts for the maintenance or servicing of | ||||||
8 | equipment which are made with the manufacturers or authorized | ||||||
9 | service agent of that equipment where the maintenance or | ||||||
10 | servicing can best be performed by the manufacturer or | ||||||
11 | authorized service agent or such a contract would be otherwise | ||||||
12 | advantageous to the Authority or a Service Board, other than | ||||||
13 | the Chicago Transit Authority, except that the exceptions in | ||||||
14 | this clause shall not apply to contracts for plumbing, | ||||||
15 | heating, piping, refrigeration and automatic temperature | ||||||
16 | control systems, ventilating and distribution systems for | ||||||
17 | conditioned air, and electrical wiring; for goods or services | ||||||
18 | procured from another governmental agency; for purchases and | ||||||
19 | contracts for the use or purchase of data processing equipment | ||||||
20 | and data processing systems software; for the acquisition of | ||||||
21 | professional or utility services; and for the acquisition of | ||||||
22 | public transportation equipment including, but not limited to, | ||||||
23 | rolling stock, locomotives and buses, provided that: (i) it is | ||||||
24 | determined by a vote of 2/3 of the then Directors of the | ||||||
25 | Service Board making the acquisition that a negotiated | ||||||
26 | acquisition offers opportunities with respect to the cost or |
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1 | financing of the equipment, its delivery, or the performance | ||||||
2 | of a portion of the work within the State or the use of goods | ||||||
3 | produced or services provided within the State; (ii) a notice | ||||||
4 | of intention to negotiate for the acquisition of such public | ||||||
5 | transportation equipment is published in a newspaper of | ||||||
6 | general circulation within the City of Chicago inviting | ||||||
7 | proposals from qualified vendors; and (iii) any contract with | ||||||
8 | respect to such acquisition is authorized by a vote of 2/3 of | ||||||
9 | the then Directors of the Service Board making the | ||||||
10 | acquisition. The requirements set forth in this Section shall | ||||||
11 | not apply to purchase of service agreements or other | ||||||
12 | contracts, purchases or sales entered into by the Authority | ||||||
13 | with any transportation agency or unit of local government. | ||||||
14 | (b) (1) In connection with two-phase design/build | ||||||
15 | selection procedures authorized in this Section, a Service | ||||||
16 | Board may authorize, by the affirmative vote of two-thirds of | ||||||
17 | the then members of the Service Board, the use of competitive | ||||||
18 | selection and the prequalification of responsible bidders | ||||||
19 | consistent with applicable federal regulations and this | ||||||
20 | subsection (b). | ||||||
21 | (2) Two-phase design/build selection procedures shall | ||||||
22 | consist of the following: | ||||||
23 | (i) A Service Board shall develop, through | ||||||
24 | licensed architects or licensed engineers, a scope of | ||||||
25 | work statement for inclusion in the solicitation for | ||||||
26 | phase-one proposals that defines the project and |
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1 | provides prospective offerors with sufficient | ||||||
2 | information regarding the Service Board's | ||||||
3 | requirements. The statement shall include criteria and | ||||||
4 | preliminary design, and general budget parameters and | ||||||
5 | general schedule or delivery requirements to enable | ||||||
6 | the offerors to submit proposals which meet the | ||||||
7 | Service Board's needs. When the two-phase design/build | ||||||
8 | selection procedure is used and the Service Board | ||||||
9 | contracts for development of the scope of work | ||||||
10 | statement, the Service Board shall contract for | ||||||
11 | architectural or engineering services as defined by | ||||||
12 | and in accordance with the Architectural, Engineering, | ||||||
13 | and Land Surveying Qualifications Based Selection Act | ||||||
14 | and all applicable licensing statutes. | ||||||
15 | (ii) The evaluation factors to be used in | ||||||
16 | evaluating phase-one proposals must be stated in the | ||||||
17 | solicitation and must include specialized experience | ||||||
18 | and technical competence, capability to perform, past | ||||||
19 | performance of the offeror's team (including the | ||||||
20 | architect-engineer and construction members of the | ||||||
21 | team) and other appropriate technical and | ||||||
22 | qualifications factors. Each solicitation must | ||||||
23 | establish the relative importance assigned to the | ||||||
24 | evaluation factors and the subfactors that must be | ||||||
25 | considered in the evaluation of phase-one proposals on | ||||||
26 | the basis of the evaluation factors set forth in the |
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1 | solicitation. Each design/build team must include a | ||||||
2 | licensed design professional independent from the | ||||||
3 | Service Board's licensed architect or engineer and a | ||||||
4 | licensed design professional must be named in the | ||||||
5 | phase-one proposals submitted to the Service Board. | ||||||
6 | (iii) On the basis of the phase-one proposal the | ||||||
7 | Service Board shall select as the most highly | ||||||
8 | qualified the number of offerors specified in the | ||||||
9 | solicitation and request the selected offerors to | ||||||
10 | submit phase-two competitive proposals and cost or | ||||||
11 | price information. Each solicitation must establish | ||||||
12 | the relative importance assigned to the evaluation | ||||||
13 | factors and the subfactors that must be considered in | ||||||
14 | the evaluation of phase-two proposals on the basis of | ||||||
15 | the evaluation factors set forth in the solicitation. | ||||||
16 | A Service Board may negotiate with the selected | ||||||
17 | design/build team after award but prior to contract | ||||||
18 | execution for the purpose of securing better terms | ||||||
19 | than originally proposed, provided the salient | ||||||
20 | features of the design/build solicitation are not | ||||||
21 | diminished. Each phase-two solicitation evaluates | ||||||
22 | separately (A) the technical submission for the | ||||||
23 | proposal, including design concepts or proposed | ||||||
24 | solutions to requirements addressed within the scope | ||||||
25 | of work, and (B) the evaluation factors and | ||||||
26 | subfactors, including cost or price, that must be |
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1 | considered in the evaluations of proposals. | ||||||
2 | (iv) A design/build solicitation issued under the | ||||||
3 | procedures in this subsection (b) shall state the | ||||||
4 | maximum number of offerors that are to be selected to | ||||||
5 | submit competitive phase-two proposals. The maximum | ||||||
6 | number specified in the solicitation shall not exceed | ||||||
7 | 5 unless the Service Board with respect to an | ||||||
8 | individual solicitation determines that a specified | ||||||
9 | number greater than 5 is in the best interest of the | ||||||
10 | Service Board and is consistent with the purposes and | ||||||
11 | objectives of the two-phase design/build selection | ||||||
12 | process. | ||||||
13 | (v) All designs submitted as part of the two-phase | ||||||
14 | selection process and not selected shall be | ||||||
15 | proprietary to the preparers. | ||||||
16 | (c) The Regional Transportation Authority and the Service | ||||||
17 | Boards may donate rolling stock, including locomotives and | ||||||
18 | equipment, to museums in this State that are not-for-profit | ||||||
19 | corporations under Section 501(c)(3) of the Internal Revenue | ||||||
20 | Code of 1986. | ||||||
21 | (Source: P.A. 100-523, eff. 9-22-17.) |