HB1262sam003 97TH GENERAL ASSEMBLY

Sen. Toi W. Hutchinson

Filed: 5/30/2011

09700HB1262sam003 LRB097 06671 HLH 56584 a

AMENDMENT TO HOUSE BILL 1262

AMENDMENT NO. ______. Amend House Bill 1262, AS AMENDED, by replacing everything after the enacting clause with the following:

"Section 5. The Architectural, Engineering, and Land Surveying Qualifications Based Selection Act is amended by changing Sections 30 and 35 as follows:

(30 ILCS 535/30) (from Ch. 127, par. 4151-30)

Sec. 30. Evaluation procedure. A State agency shall evaluate the firms submitting letters of interest and other prequalified firms, taking into account qualifications; and the State agency may consider, but shall not be limited to considering, ability of professional personnel, past record and experience, performance data on file, willingness to meet time requirements, location, workload of the firm and any other qualifications based factors as the State agency may determine in writing are applicable. The State agency 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.

A State agency shall establish a committee to select firms to provide architectural, engineering, and land surveying services. A selection committee may include at least one public member nominated by a statewide association of the profession affected. The public member may not be employed or associated with any firm holding a contract with the State agency nor may the public member's firm be considered for a contract with that State agency while he or she is serving as a public member of the committee.

In addition, the Department of Transportation shall may appoint public members to selection committees that represent the geographic, ethnic, and cultural diversity of the population of the State, including persons nominated by associations representing minority and female-owned business associations. Public members shall be licensed in or have received a degree from an accredited college or university in one of the professions affected and shall not be employed by, associated with, or have an ownership interest in any firm holding or seeking to hold a contract while serving as a public member of the committee.

In addition, the Secretary of Transportation shall appoint 3 Department of Transportation employees to selection committees. The 3 Department of Transportation employee members shall include the chief fiscal officer, a member from the planning office, and a member from the office that certifies disadvantaged business enterprises. The Secretary of Transportation shall appoint a selection committee chair from the 3 Department of Transportation employee members. With the exception of the chief fiscal officer, all members of selection committees at the Department of Transportation shall be limited to a 2-year term and shall not serve more than one concurrent term. Selection committees shall be limited to 6 members.

In no case shall a State agency, prior to selecting a firm for negotiation under Section 40, 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. 96-37, eff. 7-13-09; 96-849, eff. 12-23-09.)

(30 ILCS 535/35) (from Ch. 127, par. 4151-35)

Sec. 35. Selection procedure. On the basis of evaluations, discussions, and any presentations, the State agency shall select no less than 3 firms it determines to be qualified to provide services for the project and rank them in order of qualifications to provide services regarding the specific project. The State agency shall then contact the firm ranked most preferred to negotiate a contract at a fair and reasonable compensation. If fewer than 3 firms submit letters of interest and the State agency determines that one or both of those firms are so qualified, the State agency may proceed to negotiate a contract under Section 40. The decision of the State agency shall be final and binding.

No firm shall be selected on concurrent bulletins without the Department of Transportation documenting that it is in the best interest of the State.

(Source: P.A. 87-673.)

Section 99. Effective date. This Act takes effect upon becoming law.".