(50 ILCS 510/0.01) (from Ch. 85, par. 6400)
Sec. 0.01.
Short title.
This Act may be cited as the
Local Government Professional Services Selection Act.
(Source: P.A. 86-1324.)
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(50 ILCS 510/1) (from Ch. 85, par. 6401)
Sec. 1.
Policy.
It shall be the policy of the political subdivisions of the
State of Illinois to negotiate and enter into contracts
for architectural, engineering and land surveying services on the basis of
demonstrated competence and qualifications for the type of services
required and at fair and reasonable compensation.
(Source: P.A. 85-854.)
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(50 ILCS 510/2) (from Ch. 85, par. 6402)
Sec. 2.
Federal Requirements.
In the procurement of architectural,
engineering and land surveying services and in the awarding of contracts, a
political subdivision of the State of Illinois may comply with federal law
and regulations and take all necessary steps to adapt its rules,
specifications, policies and procedures accordingly to remain eligible for federal aid.
(Source: P.A. 85-854.)
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(50 ILCS 510/3) (from Ch. 85, par. 6403)
Sec. 3.
Definitions.
As used in this Act unless the context
specifically requires otherwise:
(1) "Firm" means any individual, firm, partnership, corporation, association
or other legal entity permitted by law to practice the profession of
architecture, engineering or land surveying and provide architectural,
engineering or land surveying services.
(2) "Architectural services" means any professional service as defined
in Section 5 of the Illinois Architecture Practice Act
of 1989.
(3) "Engineering services" means any professional service as defined in
Section 4 of the Professional Engineering
Practice Act of 1989 or Section 5 of the
Structural Engineering Practice Act of 1989.
(4) "Land surveying services" means any professional service as defined
in Section 5 of the Illinois Professional Land Surveyor Act of 1989.
(5) "Political subdivision" means any school district and any unit of
local government of fewer than 3,000,000 inhabitants, except home rule units.
(6) "Project" means any capital improvement project or any study, plan,
survey or new or existing program activity of a
political subdivision, including development of new or existing programs
which require architectural, engineering or land surveying services.
(Source: P.A. 91-91, eff. 1-1-00.)
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(50 ILCS 510/4) (from Ch. 85, par. 6404)
Sec. 4. Public notice. Present provisions of law notwithstanding, in the
procurement of architectural, engineering or land surveying services, each
political subdivision which utilizes architectural, engineering or land
surveying services shall permit firms engaged in the lawful practice of
their professions to annually file a statement of qualifications and
performance data with the political subdivision. Whenever a project
requiring architectural, engineering or land surveying services is proposed
for a political subdivision, the political subdivision shall, unless it has
a satisfactory relationship for services with one or more firms:
(1) mail or e-mail a notice requesting a statement | ||
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(2) place an advertisement in a secular English | ||
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(3) place an advertisement for professional services | ||
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(Source: P.A. 98-420, eff. 8-16-13.)
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(50 ILCS 510/5) (from Ch. 85, par. 6405)
Sec. 5. Evaluation Procedure. A political subdivision shall, unless
it has a satisfactory relationship for services with one or more firms, evaluate
the firms submitting letters of interest, taking into account
qualifications, ability of professional personnel, past record and
experience, performance data on file, willingness to meet time
requirements, location, workload of the firm,
and such other qualifications-based factors as the
political subdivision may determine in writing are applicable. The
political subdivision may conduct discussions with and require public
presentations by firms deemed to be the most qualified regarding their
qualifications, approach to the project, and ability to furnish the required services. In no case shall a political subdivision, prior to selecting a firm for negotiation under Section 7, seek formal or informal submission of verbal or written estimates of costs or proposals in terms of dollars, hours required, percentage of construction cost, or any other measure of compensation.
(Source: P.A. 94-1097, eff. 2-2-07.)
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(50 ILCS 510/6) (from Ch. 85, par. 6406)
Sec. 6.
Selection procedure.
On the basis of evaluations,
discussions and presentations, the political subdivision shall, unless it
has a satisfactory relationship for services with one or more firms, select no
less than 3 firms which it determines to be the most qualified to
provide services for the project and rank them in order of qualifications
to provide services regarding the specific project. The political
subdivision shall then contact the firm ranked most preferred and attempt
to negotiate a contract at a fair and reasonable compensation, taking into
account the estimated value, scope, complexity, and professional nature of
the services to be rendered.
If fewer than 3 firms submit letters of interest and the political
subdivision determines that one or both of those firms are so qualified,
the political subdivision may proceed to negotiate a contract pursuant to
this Section and Section 7.
(Source: P.A. 85-854.)
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(50 ILCS 510/7) (from Ch. 85, par. 6407)
Sec. 7.
Contract negotiation.
(1) The political subdivision shall
prepare a written description of the scope of the proposed services to be
used as a basis for negotiations and shall negotiate a contract with the
highest qualified firm at compensation that the political subdivision
determines in writing to be fair and reasonable. In making this decision
the political subdivision shall take into account the estimated value,
scope, complexity and professional nature of the services to be rendered.
(2) If the political subdivision is unable to negotiate a satisfactory
contract with the firm which is most preferred, negotiations with that firm
shall be terminated. The political subdivision shall then begin
negotiations with the firm which is next preferred. If the political
subdivision is unable to negotiate a satisfactory contract with that firm,
negotiations with that firm shall be terminated. The political subdivision
shall then begin negotiations with the firm which is next preferred.
(3) If the political subdivision is unable to negotiate a satisfactory
contract with any of the selected firms, the political subdivision shall
re-evaluate the architectural, engineering or land surveying services
requested, including the estimated value, scope, complexity and fee
requirements. The political subdivision shall then compile a second list
of not less than three qualified firms and proceed in accordance with the
provisions of this Act.
(Source: P.A. 85-854.)
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(50 ILCS 510/8) (from Ch. 85, par. 6408)
Sec. 8. Waiver of competition. A political subdivision may waive the
requirements of Sections 4, 5, and 6 if it determines, by resolution, that an
emergency situation exists and a firm must be selected in an expeditious
manner, or the cost of architectural, engineering, and land surveying
services for the project is expected to
be less than $40,000. This amount shall be increased annually by a percentage equal to the annual unadjusted percentage increase, if any, as determined by the consumer price index-u.
For purposes of this Section, "consumer price index-u" means the index published by the Bureau of Labor Statistics of the United States Department of Labor that measures the average change in prices of goods and services purchased by all urban consumers, United States city average, all items, 1982-84=100. (Source: P.A. 100-968, eff. 1-1-19.)
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