Illinois General Assembly - Full Text of HB2953
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Full Text of HB2953  100th General Assembly


Sen. Martin A. Sandoval

Filed: 5/30/2017





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2    AMENDMENT NO. ______. Amend House Bill 2953 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Local Mass Transit District Act is amended
5by changing Section 5.5 as follows:
6    (70 ILCS 3610/5.5)
7    Sec. 5.5. Public bidding. The Board shall adopt regulations
8to ensure that the construction or acquisition by the District
9of services or public transportation facilities (other than
10real estate) involving a cost of more than the small purchase
11threshold set by the Federal Transit Administration $40,000 and
12the disposition of all property of the District shall be after
13public notice and with public bidding. The Board shall adopt
14regulations to ensure that the construction, demolition,
15rehabilitation, renovation, and building maintenance projects
16by the District for services or public transportation



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1facilities involving a cost of more than $40,000 shall be after
2public notice and with public bidding. The regulations may
3provide for exceptions to the requirements for the issuance and
4sale of bonds or notes of the District, to the acquisition of
5professional or utility services and to other matters for which
6public bidding is disadvantageous. The regulations may also
7provide for the use of competitive negotiations or the
8prequalification of responsible bidders consistent with
9applicable federal regulations. The requirements set forth
10therein shall not apply to purchase of service agreements or
11other contracts, purchases or sales entered into by the
12District with any transportation agency or unit of local
14(Source: P.A. 98-1156, eff. 1-9-15.)
15    Section 10. The Regional Transportation Authority Act is
16amended by changing Section 4.06 as follows:
17    (70 ILCS 3615/4.06)  (from Ch. 111 2/3, par. 704.06)
18    Sec. 4.06. Public bidding.
19    (a) The Board shall adopt regulations to ensure that the
20construction or acquisition by the Authority or a Service Board
21other than the Chicago Transit Authority of services or public
22transportation facilities (other than real estate) involving a
23cost of more than the small purchase threshold set by the
24Federal Transit Administration $40,000 and the disposition of



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1all property of the Authority or a Service Board other than the
2Chicago Transit Authority shall be after public notice and with
3public bidding. The Board shall adopt regulations to ensure
4that the construction, demolition, rehabilitation, renovation,
5and building maintenance projects by the Authority or a Service
6Board other than the Chicago Transit Authority for services or
7public transportation facilities involving a cost of more than
8$40,000 shall be after public notice and with public bidding.
9Such regulations may provide for exceptions to such
10requirements for acquisition of repair parts, accessories,
11equipment or services previously furnished or contracted for;
12for the immediate delivery of supplies, material or equipment
13or performance of service when it is determined by the
14concurrence of two-thirds of the then Directors that an
15emergency requires immediate delivery or supply thereof; for
16goods or services that are economically procurable from only
17one source; for contracts for the maintenance or servicing of
18equipment which are made with the manufacturers or authorized
19service agent of that equipment where the maintenance or
20servicing can best be performed by the manufacturer or
21authorized service agent or such a contract would be otherwise
22advantageous to the Authority or a Service Board, other than
23the Chicago Transit Authority, except that the exceptions in
24this clause shall not apply to contracts for plumbing, heating,
25piping, refrigeration and automatic temperature control
26systems, ventilating and distribution systems for conditioned



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1air, and electrical wiring; for goods or services procured from
2another governmental agency; for purchases and contracts for
3the use or purchase of data processing equipment and data
4processing systems software; for the acquisition of
5professional or utility services; and for the acquisition of
6public transportation equipment including, but not limited to,
7rolling stock, locomotives and buses, provided that: (i) it is
8determined by a vote of 2/3 of the then Directors of the
9Service Board making the acquisition that a negotiated
10acquisition offers opportunities with respect to the cost or
11financing of the equipment, its delivery, or the performance of
12a portion of the work within the State or the use of goods
13produced or services provided within the State; (ii) a notice
14of intention to negotiate for the acquisition of such public
15transportation equipment is published in a newspaper of general
16circulation within the City of Chicago inviting proposals from
17qualified vendors; and (iii) any contract with respect to such
18acquisition is authorized by a vote of 2/3 of the then
19Directors of the Service Board making the acquisition. The
20requirements set forth in this Section shall not apply to
21purchase of service agreements or other contracts, purchases or
22sales entered into by the Authority with any transportation
23agency or unit of local government.
24    (b) (1) In connection with two-phase design/build
25selection procedures authorized in this Section, a Service
26Board may authorize, by the affirmative vote of two-thirds of



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1the then members of the Service Board, the use of competitive
2selection and the prequalification of responsible bidders
3consistent with applicable federal regulations and this
4subsection (b).
5        (2) Two-phase design/build selection procedures shall
6    consist of the following:
7            (i) A Service Board shall develop, through
8        licensed architects or licensed engineers, a scope of
9        work statement for inclusion in the solicitation for
10        phase-one proposals that defines the project and
11        provides prospective offerors with sufficient
12        information regarding the Service Board's
13        requirements. The statement shall include criteria and
14        preliminary design, and general budget parameters and
15        general schedule or delivery requirements to enable
16        the offerors to submit proposals which meet the Service
17        Board's needs. When the two-phase design/build
18        selection procedure is used and the Service Board
19        contracts for development of the scope of work
20        statement, the Service Board shall contract for
21        architectural or engineering services as defined by
22        and in accordance with the Architectural, Engineering,
23        and Land Surveying Qualifications Based Selection Act
24        and all applicable licensing statutes.
25            (ii) The evaluation factors to be used in
26        evaluating phase-one proposals must be stated in the



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1        solicitation and must include specialized experience
2        and technical competence, capability to perform, past
3        performance of the offeror's team (including the
4        architect-engineer and construction members of the
5        team) and other appropriate technical and
6        qualifications factors. Each solicitation must
7        establish the relative importance assigned to the
8        evaluation factors and the subfactors that must be
9        considered in the evaluation of phase-one proposals on
10        the basis of the evaluation factors set forth in the
11        solicitation. Each design/build team must include a
12        licensed design professional independent from the
13        Service Board's licensed architect or engineer and a
14        licensed design professional must be named in the
15        phase-one proposals submitted to the Service Board.
16            (iii) On the basis of the phase-one proposal the
17        Service Board shall select as the most highly qualified
18        the number of offerors specified in the solicitation
19        and request the selected offerors to submit phase-two
20        competitive proposals and cost or price information.
21        Each solicitation must establish the relative
22        importance assigned to the evaluation factors and the
23        subfactors that must be considered in the evaluation of
24        phase-two proposals on the basis of the evaluation
25        factors set forth in the solicitation. A Service Board
26        may negotiate with the selected design/build team



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1        after award but prior to contract execution for the
2        purpose of securing better terms than originally
3        proposed, provided the salient features of the
4        design/build solicitation are not diminished. Each
5        phase-two solicitation evaluates separately (A) the
6        technical submission for the proposal, including
7        design concepts or proposed solutions to requirements
8        addressed within the scope of work, and (B) the
9        evaluation factors and subfactors, including cost or
10        price, that must be considered in the evaluations of
11        proposals.
12            (iv) A design/build solicitation issued under the
13        procedures in this subsection (b) shall state the
14        maximum number of offerors that are to be selected to
15        submit competitive phase-two proposals. The maximum
16        number specified in the solicitation shall not exceed 5
17        unless the Service Board with respect to an individual
18        solicitation determines that a specified number
19        greater than 5 is in the best interest of the Service
20        Board and is consistent with the purposes and
21        objectives of the two-phase design/build selection
22        process.
23            (v) All designs submitted as part of the two-phase
24        selection process and not selected shall be
25        proprietary to the preparers.
26(Source: P.A. 98-1156, eff. 1-9-15.)



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1    Section 99. Effective date. This Act takes effect upon
2becoming law.".