Full Text of HB3178 98th General Assembly
HB3178ham003 98TH GENERAL ASSEMBLY | 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 | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Blind Vendors Act is amended by changing | 6 | | Section 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 | 10 | | created for the purposes of providing blind persons with | 11 | | remunerative employment, enlarging the economic opportunities | 12 | | of the blind, and stimulating the blind to greater efforts in | 13 | | striving to make themselves self-supporting. In order to | 14 | | achieve these goals, blind persons licensed under this Act | 15 | | shall be authorized to operate vending facilities on any | 16 | | property within this State as provided by this Act. |
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| 1 | | It is the intent of the General Assembly that the | 2 | | Randolph-Sheppard Act, 20 U.S.C. Sections 107-107f, and the | 3 | | federal regulations for its administration set forth in Part | 4 | | 395 of Title 34 of the Code of Federal Regulations, shall serve | 5 | | as a model for minimum standards for the operation of the | 6 | | Business Enterprise Program for the Blind. The federal | 7 | | Randolph-Sheppard Act provides employment opportunities for | 8 | | individuals who are blind or visually impaired through the | 9 | | Business Enterprise Program for the Blind. Under the | 10 | | Randolph-Sheppard Act, all federal agencies are required to | 11 | | give priority to licensed blind vendors in the operation of | 12 | | vending facilities on federal property. It is the intent of | 13 | | this Act to provide the same priority to licensed blind vendors | 14 | | on State property by requiring State agencies to give priority | 15 | | to licensed blind vendors in the operation of vending | 16 | | facilities on State property and preference to licensed blind | 17 | | vendors in the operation of cafeteria facilities on State | 18 | | property. Furthermore it is the intent of this Act that all | 19 | | State agencies, particularly the Department of Central | 20 | | Management Services, promote and advocate for the Business | 21 | | Enterprise Program for the Blind. | 22 | | (b) The Secretary, through the Director, shall continue, | 23 | | maintain, and promote the Business Enterprise Program for the | 24 | | Blind. Some or all of the functions of the program may be | 25 | | provided by the Department of Human Services. The Business | 26 | | Enterprise 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 | 4 | | within this State, priority shall be given as provided in the | 5 | | federal Randolph-Sheppard Act, 20 U.S.C. Sections 107-107f, | 6 | | including any amendments thereto. This Act, as it applies to | 7 | | federal property, is intended to conform to the federal Act, | 8 | | and is to be of no force or effect if, and to the extent that, | 9 | | any provision of this Act or any rule adopted under this Act is | 10 | | in conflict with the federal Act. Nothing in this subsection | 11 | | shall be construed to impose limitations on the operation of | 12 | | vending facilities on State property, or property other than | 13 | | federal property, or to allow only those activities | 14 | | specifically enumerated in the Randolph-Sheppard Act. | 15 | | (d) The Secretary shall actively pursue all commissions | 16 | | from vending facilities not operated by blind vendors as | 17 | | provided in Section 30 of this Act, and shall propose new | 18 | | placements of vending facilities on State property where a | 19 | | facility is not yet in place. | 20 | | (e) Partnerships and teaming arrangements between blind | 21 | | vendors and private industry, including franchise operations, | 22 | | shall 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 | 25 | | amended 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 | 3 | | the
construction or acquisition by the Authority of services or | 4 | | public
transportation facilities (other than real estate) | 5 | | involving a cost of more
than $40,000 $10,000 and the | 6 | | disposition of all property of the Authority shall be
after | 7 | | public notice and with public bidding. The regulations may | 8 | | provide
for exceptions to the requirements for the issuance and | 9 | | sale of bonds or
notes of the Authority, to the acquisition of | 10 | | professional or utility
services and to other matters for which | 11 | | public bidding is disadvantageous. The
regulations may also | 12 | | provide for the use of competitive negotiations or the
| 13 | | prequalification of responsible bidders consistent with | 14 | | applicable federal
regulations. The requirements set forth | 15 | | therein shall not apply to
purchase of service agreements or | 16 | | other contracts, purchases or sales
entered into by the | 17 | | Authority with any transportation agency or unit of
local | 18 | | government.
| 19 | | (Source: P.A. 86-1277.)
| 20 | | Section 15. The Local Mass Transit District Act is amended | 21 | | by 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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| 1 | | to ensure that the construction or acquisition by the District | 2 | | of services or public transportation facilities (other than | 3 | | real estate) involving a cost of more than $40,000 and the | 4 | | disposition of all property of the District shall be after | 5 | | public notice and with public bidding. The regulations may | 6 | | provide for exceptions to the requirements for the issuance and | 7 | | sale of bonds or notes of the District, to the acquisition of | 8 | | professional or utility services and to other matters for which | 9 | | public bidding is disadvantageous. The regulations may also | 10 | | provide for the use of competitive negotiations or the | 11 | | prequalification of responsible bidders consistent with | 12 | | applicable federal regulations. The requirements set forth | 13 | | therein shall not apply to purchase of service agreements or | 14 | | other contracts, purchases or sales entered into by the | 15 | | District with any transportation agency or unit of local | 16 | | government. | 17 | | Section 20. The Regional Transportation Authority Act is | 18 | | amended 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 | 22 | | construction or acquisition by the Authority or a Service Board
| 23 | | other than the Chicago Transit Authority of services or public
| 24 | | transportation facilities (other than real estate) involving a |
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| 1 | | cost of more
than $40,000 $10,000 and the disposition of all | 2 | | property of the Authority or a
Service Board other than the | 3 | | Chicago Transit Authority shall be after
public notice and with | 4 | | public bidding. Such regulations may provide for
exceptions to | 5 | | such requirements for acquisition of repair parts, | 6 | | accessories,
equipment or services previously furnished or | 7 | | contracted for; for the
immediate delivery of supplies, | 8 | | material or equipment or performance of
service when it is | 9 | | determined by the concurrence of two-thirds of the then
| 10 | | Directors that an emergency requires immediate delivery or | 11 | | supply thereof;
for goods or services that are economically | 12 | | procurable from only one
source; for contracts for the | 13 | | maintenance or servicing of equipment which
are made with the | 14 | | manufacturers or authorized service agent of that
equipment | 15 | | where the maintenance or servicing can best be performed by the
| 16 | | manufacturer or authorized service agent or such a contract | 17 | | would be
otherwise advantageous to the Authority or a Service | 18 | | Board, other
than the Chicago Transit Authority, except that | 19 | | the exceptions in this
clause shall not apply to contracts for | 20 | | plumbing, heating, piping,
refrigeration and automatic | 21 | | temperature control systems, ventilating and
distribution | 22 | | systems for conditioned air, and electrical wiring; for goods
| 23 | | or services procured from another governmental agency; for | 24 | | purchases and
contracts for the use or purchase of data | 25 | | processing equipment and data
processing systems software; for | 26 | | the acquisition of professional or
utility services; and for |
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| 1 | | the acquisition of public transportation
equipment including, | 2 | | but not limited to, rolling stock, locomotives and
buses, | 3 | | provided that: (i) it is determined by a vote of 2/3 of the | 4 | | then
Directors of the Service Board making the acquisition that | 5 | | a negotiated
acquisition offers opportunities with respect to | 6 | | the cost or financing of
the equipment, its delivery, or the | 7 | | performance of a portion of the work
within the State or the | 8 | | use of goods produced or
services provided within the State; | 9 | | (ii) a notice of intention to negotiate
for the acquisition of | 10 | | such public transportation equipment is published in
a | 11 | | newspaper of general circulation within the City of Chicago | 12 | | inviting
proposals from qualified vendors; and (iii) any | 13 | | contract with respect to
such acquisition is authorized by a | 14 | | vote of 2/3 of the then Directors of
the Service Board making | 15 | | the acquisition. The requirements set forth
in this Section | 16 | | shall not apply to purchase of service
agreements or other
| 17 | | contracts, purchases or sales entered into by the Authority | 18 | | with any
transportation agency or unit of local government.
| 19 | | (b) (1) In connection with two-phase design/build | 20 | | selection procedures
authorized in this Section, a Service | 21 | | Board may authorize, by
the affirmative vote of two-thirds of | 22 | | the then members of the
Service Board, the use of competitive | 23 | | selection and the prequalification of
responsible bidders | 24 | | consistent with applicable federal regulations and this
| 25 | | subsection (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 | 23 | | becoming law.".
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