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


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: (Enrolled) 2017-07-28 - Sent to the Governor [HB2953 Detail]

Download: Illinois-2017-HB2953-Enrolled.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 Board shall adopt
14regulations to ensure that the construction, demolition,
15rehabilitation, renovation, and building maintenance projects
16by the Authority for services or public transportation
17facilities involving a cost of more than $40,000 shall be after
18public notice and with public bidding. The regulations may
19provide for exceptions to the requirements for the issuance and
20sale of bonds or notes of the Authority, to the acquisition of
21professional or utility services and to other matters for which
22public bidding is disadvantageous. The regulations may also
23provide for the use of competitive negotiations or the

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

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1professional or utility services and to other matters for which
2public bidding is disadvantageous. The regulations may also
3provide for the use of competitive negotiations or the
4prequalification of responsible bidders consistent with
5applicable federal regulations. The requirements set forth
6therein shall not apply to purchase of service agreements or
7other contracts, purchases or sales entered into by the
8District with any transportation agency or unit of local
9government.
10(Source: P.A. 98-1156, eff. 1-9-15.)
11 Section 15. The Regional Transportation Authority Act is
12amended by changing Section 4.06 as follows:
13 (70 ILCS 3615/4.06) (from Ch. 111 2/3, par. 704.06)
14 Sec. 4.06. Public bidding.
15 (a) The Board shall adopt regulations to ensure that the
16construction or acquisition by the Authority or a Service Board
17other than the Chicago Transit Authority of services or public
18transportation facilities (other than real estate) involving a
19cost of more than the small purchase threshold set by the
20Federal Transit Administration $40,000 and the disposition of
21all property of the Authority or a Service Board other than the
22Chicago Transit Authority shall be after public notice and with
23public bidding. The Board shall adopt regulations to ensure
24that the construction, demolition, rehabilitation, renovation,

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

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

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

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1 team) and other appropriate technical and
2 qualifications factors. Each solicitation must
3 establish the relative importance assigned to the
4 evaluation factors and the subfactors that must be
5 considered in the evaluation of phase-one proposals on
6 the basis of the evaluation factors set forth in the
7 solicitation. Each design/build team must include a
8 licensed design professional independent from the
9 Service Board's licensed architect or engineer and a
10 licensed design professional must be named in the
11 phase-one proposals submitted to the Service Board.
12 (iii) On the basis of the phase-one proposal the
13 Service Board shall select as the most highly qualified
14 the number of offerors specified in the solicitation
15 and request the selected offerors to submit phase-two
16 competitive proposals and cost or price information.
17 Each solicitation must establish the relative
18 importance assigned to the evaluation factors and the
19 subfactors that must be considered in the evaluation of
20 phase-two proposals on the basis of the evaluation
21 factors set forth in the solicitation. A Service Board
22 may negotiate with the selected design/build team
23 after award but prior to contract execution for the
24 purpose of securing better terms than originally
25 proposed, provided the salient features of the
26 design/build solicitation are not diminished. Each

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1 phase-two solicitation evaluates separately (A) the
2 technical submission for the proposal, including
3 design concepts or proposed solutions to requirements
4 addressed within the scope of work, and (B) the
5 evaluation factors and subfactors, including cost or
6 price, that must be considered in the evaluations of
7 proposals.
8 (iv) A design/build solicitation issued under the
9 procedures in this subsection (b) shall state the
10 maximum number of offerors that are to be selected to
11 submit competitive phase-two proposals. The maximum
12 number specified in the solicitation shall not exceed 5
13 unless the Service Board with respect to an individual
14 solicitation determines that a specified number
15 greater than 5 is in the best interest of the Service
16 Board and is consistent with the purposes and
17 objectives of the two-phase design/build selection
18 process.
19 (v) All designs submitted as part of the two-phase
20 selection process and not selected shall be
21 proprietary to the preparers.
22(Source: P.A. 98-1156, eff. 1-9-15.)
23 Section 99. Effective date. This Act takes effect upon
24becoming law.
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