97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB0132

 

Introduced 1/27/2011, by Sen. Martin A. Sandoval

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Illinois Procurement Code. Creates a new Article concerning Engineering Professional Services. Provides that contracts for engineering professional services shall be procured by competitive sealed bidding. Sets out certain factors for a State agency to consider in determining whether a firm is a responsible bidder. Provides that contracts for small purchases and emergency services may be procured without competitive sealed bidding. Provides that a State agency shall evaluate the performance of each firm upon completion of a contract. Provides that each contract shall contain a certificate of compliance with the new Article signed by both the State agency and the firm. Amends the Freedom of Information Act to exempt firm performance evaluations from inspection and copying. Amends the Architectural, Engineering, and Land Surveying Qualifications Based Selection Act to exempt contracts for engineering professional services from the requirements of the Act.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning finance.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Freedom of Information Act is amended by
5changing Section 7.5 as follows:
 
6    (5 ILCS 140/7.5)
7    Sec. 7.5. Statutory Exemptions. To the extent provided for
8by the statutes referenced below, the following shall be exempt
9from inspection and copying:
10    (a) All information determined to be confidential under
11Section 4002 of the Technology Advancement and Development Act.
12    (b) Library circulation and order records identifying
13library users with specific materials under the Library Records
14Confidentiality Act.
15    (c) Applications, related documents, and medical records
16received by the Experimental Organ Transplantation Procedures
17Board and any and all documents or other records prepared by
18the Experimental Organ Transplantation Procedures Board or its
19staff relating to applications it has received.
20    (d) Information and records held by the Department of
21Public Health and its authorized representatives relating to
22known or suspected cases of sexually transmissible disease or
23any information the disclosure of which is restricted under the

 

 

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1Illinois Sexually Transmissible Disease Control Act.
2    (e) Information the disclosure of which is exempted under
3Section 30 of the Radon Industry Licensing Act.
4    (f) Firm performance evaluations under Section 55 of the
5Architectural, Engineering, and Land Surveying Qualifications
6Based Selection Act and Section 32-35 of the Illinois
7Procurement Code.
8    (g) Information the disclosure of which is restricted and
9exempted under Section 50 of the Illinois Prepaid Tuition Act.
10    (h) Information the disclosure of which is exempted under
11the State Officials and Employees Ethics Act, and records of
12any lawfully created State or local inspector general's office
13that would be exempt if created or obtained by an Executive
14Inspector General's office under that Act.
15    (i) Information contained in a local emergency energy plan
16submitted to a municipality in accordance with a local
17emergency energy plan ordinance that is adopted under Section
1811-21.5-5 of the Illinois Municipal Code.
19    (j) Information and data concerning the distribution of
20surcharge moneys collected and remitted by wireless carriers
21under the Wireless Emergency Telephone Safety Act.
22    (k) Law enforcement officer identification information or
23driver identification information compiled by a law
24enforcement agency or the Department of Transportation under
25Section 11-212 of the Illinois Vehicle Code.
26    (l) Records and information provided to a residential

 

 

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1health care facility resident sexual assault and death review
2team or the Executive Council under the Abuse Prevention Review
3Team Act.
4    (m) Information provided to the predatory lending database
5created pursuant to Article 3 of the Residential Real Property
6Disclosure Act, except to the extent authorized under that
7Article.
8    (n) Defense budgets and petitions for certification of
9compensation and expenses for court appointed trial counsel as
10provided under Sections 10 and 15 of the Capital Crimes
11Litigation Act. This subsection (n) shall apply until the
12conclusion of the trial of the case, even if the prosecution
13chooses not to pursue the death penalty prior to trial or
14sentencing.
15    (o) Information that is prohibited from being disclosed
16under Section 4 of the Illinois Health and Hazardous Substances
17Registry Act.
18    (p) Security portions of system safety program plans,
19investigation reports, surveys, schedules, lists, data, or
20information compiled, collected, or prepared by or for the
21Regional Transportation Authority under Section 2.11 of the
22Regional Transportation Authority Act or the St. Clair County
23Transit District under the Bi-State Transit Safety Act.
24    (q) Information prohibited from being disclosed by the
25Personnel Records Review Act.
26    (r) Information prohibited from being disclosed by the

 

 

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1Illinois School Student Records Act.
2    (s) Information the disclosure of which is restricted under
3Section 5-108 of the Public Utilities Act.
4    (t) All identified or deidentified health information in
5the form of health data or medical records contained in, stored
6in, submitted to, transferred by, or released from the Illinois
7Health Information Exchange, and identified or deidentified
8health information in the form of health data and medical
9records of the Illinois Health Information Exchange in the
10possession of the Illinois Health Information Exchange
11Authority due to its administration of the Illinois Health
12Information Exchange. The terms "identified" and
13"deidentified" shall be given the same meaning as in the Health
14Insurance Accountability and Portability Act of 1996, Public
15Law 104-191, or any subsequent amendments thereto, and any
16regulations promulgated thereunder.
17    (u) (t) Records and information provided to an independent
18team of experts under Brian's Law.
19(Source: P.A. 96-542, eff. 1-1-10; 96-1235, eff. 1-1-11;
2096-1331, eff. 7-27-10; revised 9-2-10.)
 
21    Section 10. The Illinois Procurement Code is amended by
22adding Article 32 as follows:
 
23    (30 ILCS 500/Art. 32 heading new)
24
ARTICLE 32. ENGINEERING PROFESSIONAL SERVICES

 

 

 

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1    (30 ILCS 500/32-1 new)
2    Sec. 32-1. Applicability. Engineering professional
3services shall be procured only in accordance with this
4Article.
 
5    (30 ILCS 500/32-5 new)
6    Sec. 32-5. Definitions. As used in this Article:
7    "Engineering professional services" means any professional
8service as defined in Section 4 of the Professional Engineering
9Practice Act of 1989 or Section 5 of the Structural Engineering
10Practice Act of 1989.
11    "Firm" means any individual, sole proprietorship, firm,
12partnership, corporation, association, or other legal entity
13permitted by law to practice the profession of engineering and
14provide those services.
15    "Project" means any capital improvement project or any
16design, study, plan, survey, or new or existing program
17activity of a State agency, including development of new or
18existing programs that require engineering professional
19services.
 
20    (30 ILCS 500/32-10 new)
21    Sec. 32-10. Method of source selection. Except as otherwise
22provided in this Article, all contracts for engineering
23professional services shall be procured by competitive sealed

 

 

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1bidding in accordance with Section 20-10.
 
2    (30 ILCS 500/32-15 new)
3    Sec. 32-15. Prequalification. A State agency shall either
4establish procedures to prequalify firms seeking to provide
5engineering services or use one or more prequalification lists
6from other State agencies to meet the requirements of this
7Article.
 
8    (30 ILCS 500/32-20 new)
9    Sec. 32-20. Engineering professional service contracts;
10responsible bidder considerations.
11    (a) In evaluating whether a bidder or other prequalified
12firm qualifies as a responsible bidder on an engineering
13professional services contract for purposes of this Code, a
14State agency may consider, but shall not be limited to
15considering, the following factors:
16        (1) Ability of professional personnel.
17        (2) Past record and experience.
18        (3) Performance data on file.
19        (4) Willingness to meet time requirements.
20        (5) Location.
21        (6) Workload of the firm.
22        (7) Any other qualification-based factors that the
23    State agency may determine in writing to be applicable.
24    (b) The State agency may conduct discussions with and

 

 

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1require public presentations by firms deemed to be the most
2qualified regarding their qualifications, approach to the
3project, and ability to furnish the required services.
 
4    (30 ILCS 500/32-25 new)
5    Sec. 32-25. Small purchases. Any individual procurement of
6engineering professional services with an estimated basic
7professional services fee of less than $25,000 may be made
8without competitive sealed bidding.
 
9    (30 ILCS 500/32-30 new)
10    Sec. 32-30. Emergency services. A procurement of
11engineering professional services may be made without
12competitive sealed bidding (i) when a State agency determines
13in writing that it is in the best interest of the State to
14proceed with the immediate selection of a firm or (ii) in
15emergencies when immediate services are necessary to protect
16the public health and safety, including, but not limited to,
17earthquake, tornado, storm, or natural or man-made disaster.
 
18    (30 ILCS 500/32-35 new)
19    Sec. 32-35. Firm performance evaluation. Each State agency
20shall evaluate the performance of each firm upon completion of
21a contract. That evaluation shall be made available to the
22firm, which may submit a written response. The evaluation and
23response shall be a confidential record of the State agency,

 

 

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1shall not be made available to any other person or firm, and is
2exempt from disclosure in accordance with Section 7.5 of the
3Freedom of Information Act.
 
4    (30 ILCS 500/32-40 new)
5    Sec. 32-40. Certificate of compliance. Each contract for
6engineering professional services entered into by a State
7agency shall contain a certificate signed by a representative
8of the State agency and the firm stating that the provisions of
9this Article were complied with.
 
10    (30 ILCS 500/32-45 new)
11    Sec. 32-45. Scope. No person, corporation, or partnership
12licensed or registered under the Professional Engineering
13Practice Act of 1989 or the Structural Engineering Practice Act
14of 1989 shall engage in any act or conduct or be a party to any
15contract or agreement in violation of the provisions of this
16Article.
 
17    (30 ILCS 500/32-50 new)
18    Sec. 32-50. Enforcement. Any contract or agreement made in
19violation of this Article after the effective date of this
20amendatory Act of the 97th General Assembly, except a
21supplement or extension of an existing contract, is void and
22unenforceable, and the Comptroller and Treasurer of the State
23of Illinois shall not process any payment claims or warrants

 

 

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1for any contract or agreement made in violation of this
2Article.
 
3    (30 ILCS 500/32-55 new)
4    Sec. 32-55. Design/build project. Nothing in this Article
5shall be deemed to prohibit a State agency from contracting for
6a design/build project.
 
7    (30 ILCS 500/32-60 new)
8    Sec. 32-60. Affirmative action. Nothing in this Article
9shall be deemed to prohibit or restrict State agencies from
10establishing or maintaining affirmative action contracting
11goals for minorities or women, or small business setaside
12programs, now or hereafter established by law, rule, or
13executive order.
 
14    Section 15. The Architectural, Engineering, and Land
15Surveying Qualifications Based Selection Act is amended by
16changing the title of the Act and Sections 1, 5, 10, 15, 20,
1725, 30, 40, 45, 50, 60, and 65 as follows:
 
18    (30 ILCS 535/Act title)
19An Act concerning procurement of architectural,
20engineering, and land surveying services by the State of
21Illinois.
 

 

 

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1    (30 ILCS 535/1)  (from Ch. 127, par. 4151-1)
2    Sec. 1. Short title. This Act may be cited as the
3Architectural, Engineering, and Land Surveying Qualifications
4Based Selection Act.
5(Source: P.A. 87-673.)
 
6    (30 ILCS 535/5)  (from Ch. 127, par. 4151-5)
7    Sec. 5. State policy on procurement of architectural,
8engineering, and land surveying services. It is the policy of
9State agencies of this State to publicly announce all
10requirements for architectural, engineering, and land
11surveying services, to procure these services on the basis of
12demonstrated competence and qualifications, to negotiate
13contracts at fair and reasonable prices, and to authorize the
14Department of Professional Regulation to enforce the
15provisions of Section 65 of this Act.
16(Source: P.A. 87-673.)
 
17    (30 ILCS 535/10)  (from Ch. 127, par. 4151-10)
18    Sec. 10. Federal requirements. In the procurement of
19architectural, engineering, and land surveying services and in
20the awarding of contracts, a State agency may comply with
21federal law and regulations including, but not limited to,
22Public Law 92-582 (Federal Architect-Engineer Selection Law,
23Brooks Law, 40 U.S.C. 541) and take all necessary steps to
24adapt its rules, specifications, policies, and procedures

 

 

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1accordingly to remain eligible for federal aid.
2(Source: P.A. 87-673.)
 
3    (30 ILCS 535/15)  (from Ch. 127, par. 4151-15)
4    Sec. 15. Definitions. As used in this Act:
5    "Architectural services" means any professional service as
6defined in Section 5 of the Illinois Architecture Practice Act
7of 1989.
8    "Engineering services" means any professional service as
9defined in Section 4 of the Professional Engineering Practice
10Act of 1989 or Section 5 of the Structural Engineering Practice
11Act of 1989.
12    "Firm" means any individual, sole proprietorship, firm,
13partnership, corporation, association, or other legal entity
14permitted by law to practice the profession of architecture,
15engineering, or land surveying and provide those services.
16    "Land surveying services" means any professional service
17as defined in Section 5 of the Illinois Professional Land
18Surveyor Act of 1989.
19    "Project" means any capital improvement project or any
20design, study, plan, survey, or new or existing program
21activity of a State agency, including development of new or
22existing programs that require architectural, engineering, or
23land surveying services.
24    "State agency" means any department, commission, council,
25board, bureau, committee, institution, agency, university,

 

 

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1government corporation, authority, or other establishment or
2official of this State.
3(Source: P.A. 91-91, eff. 1-1-00.)
 
4    (30 ILCS 535/20)  (from Ch. 127, par. 4151-20)
5    Sec. 20. Prequalification. A State agency shall establish
6procedures to prequalify firms seeking to provide
7architectural, engineering, and land surveying services or may
8use prequalification lists from other State agencies to meet
9the requirements of this Section.
10(Source: P.A. 87-673.)
 
11    (30 ILCS 535/25)  (from Ch. 127, par. 4151-25)
12    Sec. 25. Public notice. Whenever a project requiring
13architectural, engineering, or land surveying services is
14proposed for a State agency, the State agency shall provide no
15less than a 14 day advance notice published in a professional
16services bulletin or advertised within the official State
17newspaper setting forth the projects and services to be
18procured. The professional services bulletin shall be
19available electronically and may be available in print. The
20professional services bulletin shall include a description of
21each project and shall state the time and place for interested
22firms to submit a letter of interest and, if required by the
23public notice, a statement of qualifications.
24(Source: P.A. 92-345, eff. 8-10-01.)
 

 

 

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1    (30 ILCS 535/30)  (from Ch. 127, par. 4151-30)
2    Sec. 30. Evaluation procedure. A State agency shall
3evaluate the firms submitting letters of interest and other
4prequalified firms, taking into account qualifications; and
5the State agency may consider, but shall not be limited to
6considering, ability of professional personnel, past record
7and experience, performance data on file, willingness to meet
8time requirements, location, workload of the firm and any other
9qualifications based factors as the State agency may determine
10in writing are applicable. The State agency may conduct
11discussions with and require public presentations by firms
12deemed to be the most qualified regarding their qualifications,
13approach to the project and ability to furnish the required
14services.
15    A State agency shall establish a committee to select firms
16to provide architectural, engineering, and land surveying
17services. A selection committee may include at least one public
18member nominated by a statewide association of the profession
19affected. The public member may not be employed or associated
20with any firm holding a contract with the State agency nor may
21the public member's firm be considered for a contract with that
22State agency while he or she is serving as a public member of
23the committee.
24    In addition, the Department of Transportation may appoint
25public members to selection committees that represent the

 

 

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1geographic, ethnic, and cultural diversity of the population of
2the State, including persons nominated by associations
3representing minority and female-owned business associations.
4Public members shall be licensed in or have received a degree
5from an accredited college or university in one of the
6professions affected and shall not be employed by, associated
7with, or have an ownership interest in any firm holding or
8seeking to hold a contract while serving as a public member of
9the committee.
10    In no case shall a State agency, prior to selecting a firm
11for negotiation under Section 40, seek formal or informal
12submission of verbal or written estimates of costs or proposals
13in terms of dollars, hours required, percentage of construction
14cost, or any other measure of compensation.
15(Source: P.A. 96-37, eff. 7-13-09; 96-849, eff. 12-23-09.)
 
16    (30 ILCS 535/40)  (from Ch. 127, par. 4151-40)
17    Sec. 40. Contract negotiation.
18    (a) The State agency shall prepare a written description of
19the scope of the proposed services to be used as a basis for
20negotiations and shall negotiate a contract with the highest
21qualified firm at compensation that the State agency determines
22in writing to be fair and reasonable. In making this decision,
23the State agency shall take into account the estimated value,
24scope, complexity, and professional nature of the services to
25be rendered. In no case may a State agency establish a maximum

 

 

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1overhead rate or other payment formula designed to eliminate
2firms from contention or restrict competition or negotiation of
3fees.
4    (b) If the State agency is unable to negotiate a
5satisfactory contract with the firm that is most preferred,
6negotiations with that firm shall be terminated. The State
7agency shall then begin negotiations with the firm that is next
8preferred. If the State agency is unable to negotiate a
9satisfactory contract with that firm, negotiations with that
10firm shall be terminated. The State agency shall then begin
11negotiations with the firm that is next preferred.
12    (c) If the State agency is unable to negotiate a
13satisfactory contract with any of the selected firms, the State
14agency shall re-evaluate the architectural, engineering, or
15land surveying services requested, including the estimated
16value, scope, complexity, and fee requirements. The State
17agency shall then compile a second list of not less than 3
18qualified firms and proceed in accordance with the provisions
19of this Act.
20    (d) A firm negotiating a contract with a State agency shall
21negotiate subcontracts for architectural, engineering, and
22land surveying services at compensation that the firm
23determines in writing to be fair and reasonable based upon a
24written description of the scope of the proposed services.
25(Source: P.A. 87-673.)
 

 

 

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1    (30 ILCS 535/45)  (from Ch. 127, par. 4151-45)
2    Sec. 45. Small contracts. The provisions of Sections 25,
330, and 35 do not apply to architectural, engineering, and land
4surveying contracts with an estimated basic professional
5services fee of less than $25,000.
6(Source: P.A. 92-861, eff. 1-3-03.)
 
7    (30 ILCS 535/50)  (from Ch. 127, par. 4151-50)
8    Sec. 50. Emergency services. Sections 25, 30, and 35 do not
9apply in the procurement of architectural, engineering, and
10land surveying services by State agencies (i) when an agency
11determines in writing that it is in the best interest of the
12State to proceed with the immediate selection of a firm or (ii)
13in emergencies when immediate services are necessary to protect
14the public health and safety, including, but not limited to,
15earthquake, tornado, storm, or natural or man-made disaster.
16(Source: P.A. 87-673.)
 
17    (30 ILCS 535/60)  (from Ch. 127, par. 4151-60)
18    Sec. 60. Certificate of compliance. Each contract for
19architectural, engineering, and land surveying services by a
20State agency shall contain a certificate signed by a
21representative of the State agency and the firm that the
22provisions of this Act were complied with.
23(Source: P.A. 87-673.)
 

 

 

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1    (30 ILCS 535/65)  (from Ch. 127, par. 4151-65)
2    Sec. 65. Scope. No person, corporation, or partnership
3licensed or registered under the Illinois Architecture
4Practice Act of 1989, the Professional Engineering Practice Act
5of 1989, the Structural Engineering Practice Act of 1989, or
6the Illinois Professional Land Surveyor Act of 1989 shall
7engage in any act or conduct, or be a party to any contract, or
8agreement, in violation of the provisions of this Act.
9(Source: P.A. 91-91, eff. 1-1-00.)

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    5 ILCS 140/7.5
4    30 ILCS 500/Art. 32
5    heading new
6    30 ILCS 500/32-1 new
7    30 ILCS 500/32-5 new
8    30 ILCS 500/32-10 new
9    30 ILCS 500/32-15 new
10    30 ILCS 500/32-20 new
11    30 ILCS 500/32-25 new
12    30 ILCS 500/32-30 new
13    30 ILCS 500/32-35 new
14    30 ILCS 500/32-40 new
15    30 ILCS 500/32-45 new
16    30 ILCS 500/32-50 new
17    30 ILCS 500/32-55 new
18    30 ILCS 500/32-60 new
19    30 ILCS 535/Act title
20    30 ILCS 535/1from Ch. 127, par. 4151-1
21    30 ILCS 535/5from Ch. 127, par. 4151-5
22    30 ILCS 535/10from Ch. 127, par. 4151-10
23    30 ILCS 535/15from Ch. 127, par. 4151-15
24    30 ILCS 535/20from Ch. 127, par. 4151-20
25    30 ILCS 535/25from Ch. 127, par. 4151-25

 

 

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1    30 ILCS 535/30from Ch. 127, par. 4151-30
2    30 ILCS 535/40from Ch. 127, par. 4151-40
3    30 ILCS 535/45from Ch. 127, par. 4151-45
4    30 ILCS 535/50from Ch. 127, par. 4151-50
5    30 ILCS 535/60from Ch. 127, par. 4151-60
6    30 ILCS 535/65from Ch. 127, par. 4151-65