Rep. Robert Rita

Filed: 4/17/2013

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 3178

2    AMENDMENT NO. ______. Amend House Bill 3178, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Blind Vendors Act is amended by changing
6Section 10 as follows:
 
7    (20 ILCS 2421/10)
8    Sec. 10. Business Enterprise Program for the Blind.
9    (a) The Business Enterprise Program for the Blind is
10created for the purposes of providing blind persons with
11remunerative employment, enlarging the economic opportunities
12of the blind, and stimulating the blind to greater efforts in
13striving to make themselves self-supporting. In order to
14achieve these goals, blind persons licensed under this Act
15shall be authorized to operate vending facilities on any
16property within this State as provided by this Act.

 

 

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1    It is the intent of the General Assembly that the
2Randolph-Sheppard Act, 20 U.S.C. Sections 107-107f, and the
3federal regulations for its administration set forth in Part
4395 of Title 34 of the Code of Federal Regulations, shall serve
5as a model for minimum standards for the operation of the
6Business Enterprise Program for the Blind. The federal
7Randolph-Sheppard Act provides employment opportunities for
8individuals who are blind or visually impaired through the
9Business Enterprise Program for the Blind. Under the
10Randolph-Sheppard Act, all federal agencies are required to
11give priority to licensed blind vendors in the operation of
12vending facilities on federal property. It is the intent of
13this Act to provide the same priority to licensed blind vendors
14on State property by requiring State agencies to give priority
15to licensed blind vendors in the operation of vending
16facilities on State property and preference to licensed blind
17vendors in the operation of cafeteria facilities on State
18property. Furthermore it is the intent of this Act that all
19State agencies, particularly the Department of Central
20Management Services, promote and advocate for the Business
21Enterprise Program for the Blind.
22    (b) The Secretary, through the Director, shall continue,
23maintain, and promote the Business Enterprise Program for the
24Blind. Some or all of the functions of the program may be
25provided by the Department of Human Services. The Business
26Enterprise Program for the Blind must provide that:

 

 

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1        (1) priority is given to blind vendors in the operation
2    of vending facilities on State property;
3        (2) tie bid preference is given to blind vendors in the
4    operation of cafeterias on State property, unless the
5    cafeteria operations are operated by employees of a State
6    agency;
7        (3) vending machine income from all vending machines on
8    State property is assigned as provided for by Section 30 of
9    this Act;
10        (4) no State agency may impose any commission, service
11    charge, rent, or utility charge on a licensed blind vendor
12    who is operating a vending facility on State property
13    unless approved by the Department;
14        (5) the Department shall approve a commission to the
15    State agency from a blind vendor operating a vending
16    facility on the State property of the Department of
17    Corrections or the Department of Juvenile Justice in the
18    amount of 10% of the net proceeds from vending machines
19    servicing State employees and 25% of the net proceeds from
20    vending machines servicing visitors on the State property;
21    and
22        (6) vending facilities operated by the Program use
23    reasonable and necessary means and methods to maintain fair
24    market pricing in relation to each facility's given
25    demographic, geographic, and other circumstances; and .
26        (7) purchases involving a cost of more than $40,000

 

 

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1    shall not be subject to public notice or public bidding
2    requirements.
3    (c) With respect to vending facilities on federal property
4within this State, priority shall be given as provided in the
5federal Randolph-Sheppard Act, 20 U.S.C. Sections 107-107f,
6including any amendments thereto. This Act, as it applies to
7federal property, is intended to conform to the federal Act,
8and is to be of no force or effect if, and to the extent that,
9any provision of this Act or any rule adopted under this Act is
10in conflict with the federal Act. Nothing in this subsection
11shall be construed to impose limitations on the operation of
12vending facilities on State property, or property other than
13federal property, or to allow only those activities
14specifically enumerated in the Randolph-Sheppard Act.
15    (d) The Secretary shall actively pursue all commissions
16from vending facilities not operated by blind vendors as
17provided in Section 30 of this Act, and shall propose new
18placements of vending facilities on State property where a
19facility is not yet in place.
20    (e) Partnerships and teaming arrangements between blind
21vendors and private industry, including franchise operations,
22shall be fostered and encouraged by the Department.
23(Source: P.A. 96-644, eff. 1-1-10.)
 
24    Section 10. The Metropolitan Transit Authority Act is
25amended by changing Section 32 as follows:
 

 

 

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1    (70 ILCS 3605/32)  (from Ch. 111 2/3, par. 332)
2    Sec. 32. The Board shall adopt regulations to insure that
3the construction or acquisition by the Authority of services or
4public transportation facilities (other than real estate)
5involving a cost of more than $40,000 $10,000 and the
6disposition of all property of the Authority shall be after
7public notice and with public bidding. The regulations may
8provide for exceptions to the requirements for the issuance and
9sale of bonds or notes of the Authority, to the acquisition of
10professional or utility services and to other matters for which
11public bidding is disadvantageous. The regulations may also
12provide for the use of competitive negotiations or the
13prequalification of responsible bidders consistent with
14applicable federal regulations. The requirements set forth
15therein shall not apply to purchase of service agreements or
16other contracts, purchases or sales entered into by the
17Authority with any transportation agency or unit of local
18government.
19(Source: P.A. 86-1277.)
 
20    Section 15. The Local Mass Transit District Act is amended
21by adding Section 5.5 as follows:
 
22    (70 ILCS 3610/5.5 new)
23    Sec. 5.5. Public bidding. The Board shall adopt regulations

 

 

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1to ensure that the construction or acquisition by the District
2of services or public transportation facilities (other than
3real estate) involving a cost of more than $40,000 and the
4disposition of all property of the District shall be after
5public notice and with public bidding. The regulations may
6provide for exceptions to the requirements for the issuance and
7sale of bonds or notes of the District, to the acquisition of
8professional or utility services and to other matters for which
9public bidding is disadvantageous. The regulations may also
10provide for the use of competitive negotiations or the
11prequalification of responsible bidders consistent with
12applicable federal regulations. The requirements set forth
13therein shall not apply to purchase of service agreements or
14other contracts, purchases or sales entered into by the
15District with any transportation agency or unit of local
16government.
 
17    Section 20. The Regional Transportation Authority Act is
18amended by changing Section 4.06 as follows:
 
19    (70 ILCS 3615/4.06)  (from Ch. 111 2/3, par. 704.06)
20    Sec. 4.06. Public bidding.
21    (a) The Board shall adopt regulations to ensure that the
22construction or acquisition by the Authority or a Service Board
23other than the Chicago Transit Authority of services or public
24transportation facilities (other than real estate) involving a

 

 

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1cost of more than $40,000 $10,000 and the disposition of all
2property of the Authority or a Service Board other than the
3Chicago Transit Authority shall be after public notice and with
4public bidding. Such regulations may provide for exceptions to
5such requirements for acquisition of repair parts,
6accessories, equipment or services previously furnished or
7contracted for; for the immediate delivery of supplies,
8material or equipment or performance of service when it is
9determined by the concurrence of two-thirds of the then
10Directors that an emergency requires immediate delivery or
11supply thereof; for goods or services that are economically
12procurable from only one source; for contracts for the
13maintenance or servicing of equipment which are made with the
14manufacturers or authorized service agent of that equipment
15where the maintenance or servicing can best be performed by the
16manufacturer or authorized service agent or such a contract
17would be otherwise advantageous to the Authority or a Service
18Board, other than the Chicago Transit Authority, except that
19the exceptions in this clause shall not apply to contracts for
20plumbing, heating, piping, refrigeration and automatic
21temperature control systems, ventilating and distribution
22systems for conditioned air, and electrical wiring; for goods
23or services procured from another governmental agency; for
24purchases and contracts for the use or purchase of data
25processing equipment and data processing systems software; for
26the acquisition of professional or utility services; and for

 

 

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1the acquisition of public transportation equipment including,
2but not limited to, rolling stock, locomotives and buses,
3provided that: (i) it is determined by a vote of 2/3 of the
4then Directors of the Service Board making the acquisition that
5a negotiated acquisition offers opportunities with respect to
6the cost or financing of the equipment, its delivery, or the
7performance of a portion of the work within the State or the
8use of goods produced or services provided within the State;
9(ii) a notice of intention to negotiate for the acquisition of
10such public transportation equipment is published in a
11newspaper of general circulation within the City of Chicago
12inviting proposals from qualified vendors; and (iii) any
13contract with respect to such acquisition is authorized by a
14vote of 2/3 of the then Directors of the Service Board making
15the acquisition. The requirements set forth in this Section
16shall not apply to purchase of service agreements or other
17contracts, purchases or sales entered into by the Authority
18with any transportation agency or unit of local government.
19    (b) (1) In connection with two-phase design/build
20selection procedures authorized in this Section, a Service
21Board may authorize, by the affirmative vote of two-thirds of
22the then members of the Service Board, the use of competitive
23selection and the prequalification of responsible bidders
24consistent with applicable federal regulations and this
25subsection (b).
26        (2) Two-phase design/build selection procedures shall

 

 

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1    consist of the following:
2            (i) A Service Board shall develop, through
3        licensed architects or licensed engineers, a scope of
4        work statement for inclusion in the solicitation for
5        phase-one proposals that defines the project and
6        provides prospective offerors with sufficient
7        information regarding the Service Board's
8        requirements. The statement shall include criteria and
9        preliminary design, and general budget parameters and
10        general schedule or delivery requirements to enable
11        the offerors to submit proposals which meet the Service
12        Board's needs. When the two-phase design/build
13        selection procedure is used and the Service Board
14        contracts for development of the scope of work
15        statement, the Service Board shall contract for
16        architectural or engineering services as defined by
17        and in accordance with the Architectural, Engineering,
18        and Land Surveying Qualifications Based Selection Act
19        and all applicable licensing statutes.
20            (ii) The evaluation factors to be used in
21        evaluating phase-one proposals must be stated in the
22        solicitation and must include specialized experience
23        and technical competence, capability to perform, past
24        performance of the offeror's team (including the
25        architect-engineer and construction members of the
26        team) and other appropriate technical and

 

 

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1        qualifications factors. Each solicitation must
2        establish the relative importance assigned to the
3        evaluation factors and the subfactors that must be
4        considered in the evaluation of phase-one proposals on
5        the basis of the evaluation factors set forth in the
6        solicitation. Each design/build team must include a
7        licensed design professional independent from the
8        Service Board's licensed architect or engineer and a
9        licensed design professional must be named in the
10        phase-one proposals submitted to the Service Board.
11            (iii) On the basis of the phase-one proposal the
12        Service Board shall select as the most highly qualified
13        the number of offerors specified in the solicitation
14        and request the selected offerors to submit phase-two
15        competitive proposals and cost or price information.
16        Each solicitation must establish the relative
17        importance assigned to the evaluation factors and the
18        subfactors that must be considered in the evaluation of
19        phase-two proposals on the basis of the evaluation
20        factors set forth in the solicitation. A Service Board
21        may negotiate with the selected design/build team
22        after award but prior to contract execution for the
23        purpose of securing better terms than originally
24        proposed, provided the salient features of the
25        design/build solicitation are not diminished. Each
26        phase-two solicitation evaluates separately (A) the

 

 

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1        technical submission for the proposal, including
2        design concepts or proposed solutions to requirements
3        addressed within the scope of work, and (B) the
4        evaluation factors and subfactors, including cost or
5        price, that must be considered in the evaluations of
6        proposals.
7            (iv) A design/build solicitation issued under the
8        procedures in this subsection (b) shall state the
9        maximum number of offerors that are to be selected to
10        submit competitive phase-two proposals. The maximum
11        number specified in the solicitation shall not exceed 5
12        unless the Service Board with respect to an individual
13        solicitation determines that a specified number
14        greater than 5 is in the best interest of the Service
15        Board and is consistent with the purposes and
16        objectives of the two-phase design/build selection
17        process.
18            (v) All designs submitted as part of the two-phase
19        selection process and not selected shall be
20        proprietary to the preparers.
21(Source: P.A. 89-664, eff. 8-14-96.)
 
22    Section 99. Effective date. This Act takes effect upon
23becoming law.".