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Public Act 100-0523 | ||||
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AN ACT concerning government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Metropolitan Transit Authority Act is | ||||
amended by changing Section 32 as follows:
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(70 ILCS 3605/32) (from Ch. 111 2/3, par. 332)
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Sec. 32.
The Board shall adopt regulations to insure that | ||||
the
construction or acquisition by the Authority of services or | ||||
public
transportation facilities (other than real estate) | ||||
involving a cost of more
than the small purchase threshold set | ||||
by the Federal Transit Administration $40,000 and the | ||||
disposition of all property of the Authority shall be
after | ||||
public notice and with public bidding. The Board shall adopt | ||||
regulations to ensure that the construction, demolition, | ||||
rehabilitation, renovation, and building maintenance projects | ||||
by the Authority for services or public transportation | ||||
facilities involving a cost of more than $40,000 shall be after | ||||
public notice and with public bidding. The regulations may | ||||
provide
for exceptions to the requirements for the issuance and | ||||
sale of bonds or
notes of the Authority, to the acquisition of | ||||
professional or utility
services and to other matters for which | ||||
public bidding is disadvantageous. The
regulations may also | ||||
provide for the use of competitive negotiations or the
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prequalification of responsible bidders consistent with | ||
applicable federal
regulations. The requirements set forth | ||
therein shall not apply to
purchase of service agreements or | ||
other contracts, purchases or sales
entered into by the | ||
Authority with any transportation agency or unit of
local | ||
government.
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(Source: P.A. 98-1156, eff. 1-9-15.)
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Section 10. The Local Mass Transit District Act is amended | ||
by changing Section 5.5 as follows: | ||
(70 ILCS 3610/5.5) | ||
Sec. 5.5. Public bidding. The Board shall adopt regulations | ||
to ensure that the construction or acquisition by the District | ||
of services or public transportation facilities (other than | ||
real estate) involving a cost of more than the small purchase | ||
threshold set by the Federal Transit Administration $40,000 and | ||
the disposition of all property of the District shall be after | ||
public notice and with public bidding. The Board shall adopt | ||
regulations to ensure that the construction, demolition, | ||
rehabilitation, renovation, and building maintenance projects | ||
by the District for services or public transportation | ||
facilities involving a cost of more than $40,000 shall be after | ||
public notice and with public bidding. The regulations may | ||
provide for exceptions to the requirements for the issuance and | ||
sale of bonds or notes of the District, to the acquisition of |
professional or utility services and to other matters for which | ||
public bidding is disadvantageous. The regulations may also | ||
provide for the use of competitive negotiations or the | ||
prequalification of responsible bidders consistent with | ||
applicable federal regulations. The requirements set forth | ||
therein shall not apply to purchase of service agreements or | ||
other contracts, purchases or sales entered into by the | ||
District with any transportation agency or unit of local | ||
government.
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(Source: P.A. 98-1156, eff. 1-9-15.)
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Section 15. The Regional Transportation Authority Act is | ||
amended by changing Section 4.06 as follows:
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(70 ILCS 3615/4.06) (from Ch. 111 2/3, par. 704.06)
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Sec. 4.06. Public bidding.
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(a) The Board shall adopt regulations to ensure
that the | ||
construction or acquisition by the Authority or a Service Board
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other than the Chicago Transit Authority of services or public
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transportation facilities (other than real estate) involving a | ||
cost of more
than the small purchase threshold set by the | ||
Federal Transit Administration $40,000 and the disposition of | ||
all property of the Authority or a
Service Board other than the | ||
Chicago Transit Authority shall be after
public notice and with | ||
public bidding. The Board shall adopt regulations to ensure | ||
that the construction, demolition, rehabilitation, renovation, |
and building maintenance projects by the Authority or a Service | ||
Board other than the Chicago Transit Authority for services or | ||
public transportation facilities involving a cost of more than | ||
$40,000 shall be after public notice and with public bidding. | ||
Such regulations may provide for
exceptions to such | ||
requirements for acquisition of repair parts, accessories,
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equipment or services previously furnished or contracted for; | ||
for the
immediate delivery of supplies, material or equipment | ||
or performance of
service when it is determined by the | ||
concurrence of two-thirds of the then
Directors that an | ||
emergency requires immediate delivery or supply thereof;
for | ||
goods or services that are economically procurable from only | ||
one
source; for contracts for the maintenance or servicing of | ||
equipment which
are made with the manufacturers or authorized | ||
service agent of that
equipment where the maintenance or | ||
servicing can best be performed by the
manufacturer or | ||
authorized service agent or such a contract would be
otherwise | ||
advantageous to the Authority or a Service Board, other
than | ||
the Chicago Transit Authority, except that the exceptions in | ||
this
clause shall not apply to contracts for plumbing, heating, | ||
piping,
refrigeration and automatic temperature control | ||
systems, ventilating and
distribution systems for conditioned | ||
air, and electrical wiring; for goods
or services procured from | ||
another governmental agency; for purchases and
contracts for | ||
the use or purchase of data processing equipment and data
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processing systems software; for the acquisition of |
professional or
utility services; and for the acquisition of | ||
public transportation
equipment including, but not limited to, | ||
rolling stock, locomotives and
buses, provided that: (i) it is | ||
determined by a vote of 2/3 of the then
Directors of the | ||
Service Board making the acquisition that a negotiated
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acquisition offers opportunities with respect to the cost or | ||
financing of
the equipment, its delivery, or the performance of | ||
a portion of the work
within the State or the use of goods | ||
produced or
services provided within the State; (ii) a notice | ||
of intention to negotiate
for the acquisition of such public | ||
transportation equipment is published in
a newspaper of general | ||
circulation within the City of Chicago inviting
proposals from | ||
qualified vendors; and (iii) any contract with respect to
such | ||
acquisition is authorized by a vote of 2/3 of the then | ||
Directors of
the Service Board making the acquisition. The | ||
requirements set forth
in this Section shall not apply to | ||
purchase of service
agreements or other
contracts, purchases or | ||
sales entered into by the Authority with any
transportation | ||
agency or unit of local government.
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(b) (1) In connection with two-phase design/build | ||
selection procedures
authorized in this Section, a Service | ||
Board may authorize, by
the affirmative vote of two-thirds of | ||
the then members of the
Service Board, the use of competitive | ||
selection and the prequalification of
responsible bidders | ||
consistent with applicable federal regulations and this
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subsection (b).
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(2) Two-phase design/build selection procedures shall | ||
consist of the
following:
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(i) A Service Board shall develop, through | ||
licensed
architects or licensed engineers, a scope of | ||
work statement for inclusion in
the solicitation for | ||
phase-one proposals that defines the project and | ||
provides
prospective offerors with sufficient | ||
information regarding the
Service Board's | ||
requirements. The statement shall include criteria and
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preliminary design, and general budget parameters and | ||
general schedule or
delivery requirements
to enable | ||
the offerors to submit proposals which meet the
Service | ||
Board's needs.
When the two-phase design/build | ||
selection procedure is used and the
Service Board | ||
contracts for development of the scope of work | ||
statement, the
Service Board shall contract for | ||
architectural or engineering
services as defined by | ||
and in accordance with the Architectural, Engineering,
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and Land Surveying Qualifications Based Selection Act | ||
and all applicable
licensing statutes.
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(ii) The evaluation factors to be used in | ||
evaluating phase-one proposals
must be stated in the | ||
solicitation and must include specialized experience | ||
and
technical competence, capability to perform, past | ||
performance of the offeror's
team (including the | ||
architect-engineer and construction members of the |
team)
and other appropriate technical and | ||
qualifications factors. Each solicitation
must | ||
establish the relative importance assigned to the | ||
evaluation factors and
the subfactors that must be | ||
considered in the evaluation of phase-one proposals
on | ||
the basis of the evaluation factors set forth in the | ||
solicitation. Each
design/build team must include a | ||
licensed design professional independent from
the | ||
Service Board's licensed architect or engineer and a
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licensed design professional must be named in the | ||
phase-one proposals submitted
to the
Service Board.
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(iii) On the basis of the phase-one proposal the | ||
Service
Board shall select as the most highly qualified | ||
the number of offerors
specified in the solicitation | ||
and request the selected offerors to submit
phase-two | ||
competitive proposals and cost or price information. | ||
Each
solicitation must establish the relative | ||
importance assigned to the evaluation
factors and the | ||
subfactors that must be considered in the evaluation of
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phase-two proposals on the basis of the evaluation | ||
factors set forth in the
solicitation. A Service Board | ||
may negotiate with the selected
design/build team | ||
after award but prior to contract execution for the | ||
purpose
of securing better terms than originally | ||
proposed, provided the salient
features of the | ||
design/build solicitation are not diminished. Each |
phase-two
solicitation evaluates separately (A) the | ||
technical submission for the
proposal, including | ||
design concepts or proposed solutions to requirements
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addressed within the scope of work, and (B) the | ||
evaluation factors and
subfactors, including cost or | ||
price, that must be considered in the evaluations
of | ||
proposals.
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(iv) A design/build solicitation issued under the | ||
procedures in this
subsection (b) shall state the | ||
maximum number of offerors that are to be
selected to | ||
submit competitive phase-two proposals. The maximum | ||
number
specified in the solicitation shall not exceed 5 | ||
unless the
Service Board with respect to an individual | ||
solicitation determines that a
specified number | ||
greater than 5 is in the best interest of the
Service | ||
Board and is consistent with the purposes and | ||
objectives of the
two-phase design/build selection | ||
process.
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(v) All designs submitted as part of the two-phase | ||
selection process and
not selected shall be | ||
proprietary to the preparers.
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(Source: P.A. 98-1156, eff. 1-9-15.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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