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Public Act 103-0654


 

Public Act 0654 103RD GENERAL ASSEMBLY

 


 
Public Act 103-0654
 
HB1742 EnrolledLRB103 27959 AWJ 54337 b

    AN ACT concerning local government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Regional Transportation Authority Act is
amended by changing Section 4.06 as follows:
 
    (70 ILCS 3615/4.06)  (from Ch. 111 2/3, par. 704.06)
    Sec. 4.06. Public bidding.
    (a) The Board shall adopt regulations to ensure that the
acquisition by the Authority or a Service Board other than the
Chicago Transit 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 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,
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 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
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.
    (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
subsection (b).
        (2) Two-phase design/build selection procedures shall
    consist of the following:
            (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
        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,
        and Land Surveying Qualifications Based Selection Act
        and all applicable licensing statutes.
            (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
        licensed design professional must be named in the
        phase-one proposals submitted to the Service Board.
            (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 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 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.
            (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.
            (v) All designs submitted as part of the two-phase
        selection process and not selected shall be
        proprietary to the preparers.
    (c) The Regional Transportation Authority and the Service
Boards may donate rolling stock, including locomotives and
equipment, to museums in this State that are not-for-profit
corporations under Section 501(c)(3) of the Internal Revenue
Code of 1986.
(Source: P.A. 100-523, eff. 9-22-17.)

Effective Date: 1/1/2025