Bill Text: IL HB2953 | 2017-2018 | 100th General Assembly | Engrossed


Bill Title: Amends the Regional Transportation Authority Act. Provides that the Regional Transportation Authority Board shall adopt regulations to ensure that the construction or 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 (rather than $40,000) shall be after public notice and with public bidding. Effective immediately.

Spectrum: Slight Partisan Bill (Democrat 6-3)

Status: (Engrossed) 2017-05-19 - Rule 2-10 Committee Deadline Established As May 26, 2017 [HB2953 Detail]

Download: Illinois-2017-HB2953-Engrossed.html



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1 AN ACT concerning government.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Metropolitan Transit Authority Act is
5amended by changing Section 32 as follows:
6 (70 ILCS 3605/32) (from Ch. 111 2/3, par. 332)
7 Sec. 32. The Board shall adopt regulations to insure that
8the construction or acquisition by the Authority of services or
9public transportation facilities (other than real estate)
10involving a cost of more than the small purchase threshold set
11by the Federal Transit Administration $40,000 and the
12disposition of all property of the Authority shall be after
13public notice and with public bidding. The regulations may
14provide for exceptions to the requirements for the issuance and
15sale of bonds or notes of the Authority, to the acquisition of
16professional or utility services and to other matters for which
17public bidding is disadvantageous. The regulations may also
18provide for the use of competitive negotiations or the
19prequalification of responsible bidders consistent with
20applicable federal regulations. The requirements set forth
21therein shall not apply to purchase of service agreements or
22other contracts, purchases or sales entered into by the
23Authority with any transportation agency or unit of local

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1government.
2(Source: P.A. 98-1156, eff. 1-9-15.)
3 Section 10. The Local Mass Transit District Act is amended
4by changing Section 5.5 as follows:
5 (70 ILCS 3610/5.5)
6 Sec. 5.5. Public bidding. The Board shall adopt regulations
7to ensure that the construction or acquisition by the District
8of services or public transportation facilities (other than
9real estate) involving a cost of more than the small purchase
10threshold set by the Federal Transit Administration $40,000 and
11the disposition of all property of the District shall be after
12public notice and with public bidding. The regulations may
13provide for exceptions to the requirements for the issuance and
14sale of bonds or notes of the District, to the acquisition of
15professional or utility services and to other matters for which
16public bidding is disadvantageous. The regulations may also
17provide for the use of competitive negotiations or the
18prequalification of responsible bidders consistent with
19applicable federal regulations. The requirements set forth
20therein shall not apply to purchase of service agreements or
21other contracts, purchases or sales entered into by the
22District with any transportation agency or unit of local
23government.
24(Source: P.A. 98-1156, eff. 1-9-15.)

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1 Section 15. The Regional Transportation Authority Act is
2amended by changing Section 4.06 as follows:
3 (70 ILCS 3615/4.06) (from Ch. 111 2/3, par. 704.06)
4 Sec. 4.06. Public bidding.
5 (a) The Board shall adopt regulations to ensure that the
6construction or acquisition by the Authority or a Service Board
7other than the Chicago Transit Authority of services or public
8transportation facilities (other than real estate) involving a
9cost of more than the small purchase threshold set by the
10Federal Transit Administration $40,000 and the disposition of
11all property of the Authority or a Service Board other than the
12Chicago Transit Authority shall be after public notice and with
13public bidding. Such regulations may provide for exceptions to
14such requirements for acquisition of repair parts,
15accessories, equipment or services previously furnished or
16contracted for; for the immediate delivery of supplies,
17material or equipment or performance of service when it is
18determined by the concurrence of two-thirds of the then
19Directors that an emergency requires immediate delivery or
20supply thereof; for goods or services that are economically
21procurable from only one source; for contracts for the
22maintenance or servicing of equipment which are made with the
23manufacturers or authorized service agent of that equipment
24where the maintenance or servicing can best be performed by the

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1manufacturer or authorized service agent or such a contract
2would be otherwise advantageous to the Authority or a Service
3Board, other than the Chicago Transit Authority, except that
4the exceptions in this clause shall not apply to contracts for
5plumbing, heating, piping, refrigeration and automatic
6temperature control systems, ventilating and distribution
7systems for conditioned air, and electrical wiring; for goods
8or services procured from another governmental agency; for
9purchases and contracts for the use or purchase of data
10processing equipment and data processing systems software; for
11the acquisition of professional or utility services; and for
12the acquisition of public transportation equipment including,
13but not limited to, rolling stock, locomotives and buses,
14provided that: (i) it is determined by a vote of 2/3 of the
15then Directors of the Service Board making the acquisition that
16a negotiated acquisition offers opportunities with respect to
17the cost or financing of the equipment, its delivery, or the
18performance of a portion of the work within the State or the
19use of goods produced or services provided within the State;
20(ii) a notice of intention to negotiate for the acquisition of
21such public transportation equipment is published in a
22newspaper of general circulation within the City of Chicago
23inviting proposals from qualified vendors; and (iii) any
24contract with respect to such acquisition is authorized by a
25vote of 2/3 of the then Directors of the Service Board making
26the acquisition. The requirements set forth in this Section

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1shall not apply to purchase of service agreements or other
2contracts, purchases or sales entered into by the Authority
3with any transportation agency or unit of local government.
4 (b) (1) In connection with two-phase design/build
5selection procedures authorized in this Section, a Service
6Board may authorize, by the affirmative vote of two-thirds of
7the then members of the Service Board, the use of competitive
8selection and the prequalification of responsible bidders
9consistent with applicable federal regulations and this
10subsection (b).
11 (2) Two-phase design/build selection procedures shall
12 consist of the following:
13 (i) A Service Board shall develop, through
14 licensed architects or licensed engineers, a scope of
15 work statement for inclusion in the solicitation for
16 phase-one proposals that defines the project and
17 provides prospective offerors with sufficient
18 information regarding the Service Board's
19 requirements. The statement shall include criteria and
20 preliminary design, and general budget parameters and
21 general schedule or delivery requirements to enable
22 the offerors to submit proposals which meet the Service
23 Board's needs. When the two-phase design/build
24 selection procedure is used and the Service Board
25 contracts for development of the scope of work
26 statement, the Service Board shall contract for

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

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

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1 objectives of the two-phase design/build selection
2 process.
3 (v) All designs submitted as part of the two-phase
4 selection process and not selected shall be
5 proprietary to the preparers.
6(Source: P.A. 98-1156, eff. 1-9-15.)
7 Section 99. Effective date. This Act takes effect upon
8becoming law.
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