Bill Text: IL HB3178 | 2013-2014 | 98th General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Amends the Metropolitan Transit Authority Act, the Local Mass Transit District Act, and the Regional Transportation Authority Act. Provides that the construction or acquisition of services or public transportation facilities by each Authority costing over $50,000 (now $10,000) are subject to certain public notice and public bidding requirements. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2014-12-03 - Session Sine Die [HB3178 Detail]

Download: Illinois-2013-HB3178-Amended.html

---

Rep. Robert Rita

Filed: 4/17/2013

09800HB3178ham003 LRB098 08023 OMW 44785 a
AMENDMENT TO HOUSE BILL 3178
AMENDMENT NO. ______. Amend House Bill 3178, AS AMENDED, by
replacing everything after the enacting clause with the
following:
"Section 5. The Blind Vendors Act is amended by changing
Section 10 as follows:
(20 ILCS 2421/10)
Sec. 10. Business Enterprise Program for the Blind.
(a) The Business Enterprise Program for the Blind is
created for the purposes of providing blind persons with
remunerative employment, enlarging the economic opportunities
of the blind, and stimulating the blind to greater efforts in
striving to make themselves self-supporting. In order to
achieve these goals, blind persons licensed under this Act
shall be authorized to operate vending facilities on any
property within this State as provided by this Act.

09800HB3178ham003 - 2 - LRB098 08023 OMW 44785 a
It is the intent of the General Assembly that the
Randolph-Sheppard Act, 20 U.S.C. Sections 107-107f, and the
federal regulations for its administration set forth in Part
395 of Title 34 of the Code of Federal Regulations, shall serve
as a model for minimum standards for the operation of the
Business Enterprise Program for the Blind. The federal
Randolph-Sheppard Act provides employment opportunities for
individuals who are blind or visually impaired through the
Business Enterprise Program for the Blind. Under the
Randolph-Sheppard Act, all federal agencies are required to
give priority to licensed blind vendors in the operation of
vending facilities on federal property. It is the intent of
this Act to provide the same priority to licensed blind vendors
on State property by requiring State agencies to give priority
to licensed blind vendors in the operation of vending
facilities on State property and preference to licensed blind
vendors in the operation of cafeteria facilities on State
property. Furthermore it is the intent of this Act that all
State agencies, particularly the Department of Central
Management Services, promote and advocate for the Business
Enterprise Program for the Blind.
(b) The Secretary, through the Director, shall continue,
maintain, and promote the Business Enterprise Program for the
Blind. Some or all of the functions of the program may be
provided by the Department of Human Services. The Business
Enterprise Program for the Blind must provide that:

09800HB3178ham003 - 3 - LRB098 08023 OMW 44785 a
(1) priority is given to blind vendors in the operation
of vending facilities on State property;
(2) tie bid preference is given to blind vendors in the
operation of cafeterias on State property, unless the
cafeteria operations are operated by employees of a State
agency;
(3) vending machine income from all vending machines on
State property is assigned as provided for by Section 30 of
this Act;
(4) no State agency may impose any commission, service
charge, rent, or utility charge on a licensed blind vendor
who is operating a vending facility on State property
unless approved by the Department;
(5) the Department shall approve a commission to the
State agency from a blind vendor operating a vending
facility on the State property of the Department of
Corrections or the Department of Juvenile Justice in the
amount of 10% of the net proceeds from vending machines
servicing State employees and 25% of the net proceeds from
vending machines servicing visitors on the State property;
and
(6) vending facilities operated by the Program use
reasonable and necessary means and methods to maintain fair
market pricing in relation to each facility's given
demographic, geographic, and other circumstances; and .
(7) purchases involving a cost of more than $40,000

09800HB3178ham003 - 4 - LRB098 08023 OMW 44785 a
shall not be subject to public notice or public bidding
requirements.
(c) With respect to vending facilities on federal property
within this State, priority shall be given as provided in the
federal Randolph-Sheppard Act, 20 U.S.C. Sections 107-107f,
including any amendments thereto. This Act, as it applies to
federal property, is intended to conform to the federal Act,
and is to be of no force or effect if, and to the extent that,
any provision of this Act or any rule adopted under this Act is
in conflict with the federal Act. Nothing in this subsection
shall be construed to impose limitations on the operation of
vending facilities on State property, or property other than
federal property, or to allow only those activities
specifically enumerated in the Randolph-Sheppard Act.
(d) The Secretary shall actively pursue all commissions
from vending facilities not operated by blind vendors as
provided in Section 30 of this Act, and shall propose new
placements of vending facilities on State property where a
facility is not yet in place.
(e) Partnerships and teaming arrangements between blind
vendors and private industry, including franchise operations,
shall be fostered and encouraged by the Department.
(Source: P.A. 96-644, eff. 1-1-10.)
Section 10. The Metropolitan Transit Authority Act is
amended by changing Section 32 as follows:

09800HB3178ham003 - 5 - LRB098 08023 OMW 44785 a
(70 ILCS 3605/32) (from Ch. 111 2/3, par. 332)
Sec. 32. The Board shall adopt regulations to insure that
the construction or acquisition by the Authority of services or
public transportation facilities (other than real estate)
involving a cost of more than $40,000 $10,000 and the
disposition of all property of the Authority shall be after
public notice and with public bidding. The regulations may
provide for exceptions to the requirements for the issuance and
sale of bonds or notes of the Authority, to the acquisition of
professional or utility services and to other matters for which
public bidding is disadvantageous. The regulations may also
provide for the use of competitive negotiations or the
prequalification of responsible bidders consistent with
applicable federal regulations. The requirements set forth
therein shall not apply to purchase of service agreements or
other contracts, purchases or sales entered into by the
Authority with any transportation agency or unit of local
government.
(Source: P.A. 86-1277.)
Section 15. The Local Mass Transit District Act is amended
by adding Section 5.5 as follows:
(70 ILCS 3610/5.5 new)
Sec. 5.5. Public bidding. The Board shall adopt regulations

09800HB3178ham003 - 6 - LRB098 08023 OMW 44785 a
to ensure that the construction or acquisition by the District
of services or public transportation facilities (other than
real estate) involving a cost of more than $40,000 and the
disposition of all property of the District shall be after
public notice and with public bidding. The regulations may
provide for exceptions to the requirements for the issuance and
sale of bonds or notes of the District, to the acquisition of
professional or utility services and to other matters for which
public bidding is disadvantageous. The regulations may also
provide for the use of competitive negotiations or the
prequalification of responsible bidders consistent with
applicable federal regulations. The requirements set forth
therein shall not apply to purchase of service agreements or
other contracts, purchases or sales entered into by the
District with any transportation agency or unit of local
government.
Section 20. The Regional Transportation Authority Act is
amended by changing Section 4.06 as follows:
(70 ILCS 3615/4.06) (from Ch. 111 2/3, par. 704.06)
Sec. 4.06. Public bidding.
(a) The 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

09800HB3178ham003 - 7 - LRB098 08023 OMW 44785 a
cost of more than $40,000 $10,000 and the disposition of all
property of the Authority or a Service Board other than the
Chicago Transit Authority shall be after public notice and with
public bidding. Such regulations may provide for exceptions to
such requirements for acquisition of repair parts,
accessories, equipment or services previously furnished or
contracted for; for the immediate delivery of supplies,
material or equipment or performance of service when it is
determined by the concurrence of two-thirds of the then
Directors that an emergency requires immediate delivery or
supply thereof; for goods or services that are economically
procurable from only one source; for contracts for the
maintenance or servicing of equipment which are made with the
manufacturers or authorized service agent of that equipment
where the maintenance or servicing can best be performed by the
manufacturer or authorized service agent or such a contract
would be otherwise advantageous to the Authority or a Service
Board, other than the Chicago Transit Authority, except that
the exceptions in this clause shall not apply to contracts for
plumbing, heating, piping, refrigeration and automatic
temperature control systems, ventilating and distribution
systems for conditioned air, and electrical wiring; for goods
or services procured from another governmental agency; for
purchases and contracts for the use or purchase of data
processing equipment and data processing systems software; for
the acquisition of professional or utility services; and for

09800HB3178ham003 - 8 - LRB098 08023 OMW 44785 a
the acquisition of public transportation equipment including,
but not limited to, rolling stock, locomotives and buses,
provided that: (i) it is determined by a vote of 2/3 of the
then Directors of the Service Board making the acquisition that
a negotiated acquisition offers opportunities with respect to
the cost or financing of the equipment, its delivery, or the
performance of a portion of the work within the State or the
use of goods produced or services provided within the State;
(ii) a notice of intention to negotiate for the acquisition of
such public transportation equipment is published in a
newspaper of general circulation within the City of Chicago
inviting proposals from qualified vendors; and (iii) any
contract with respect to such acquisition is authorized by a
vote of 2/3 of the then Directors of the Service Board making
the acquisition. The requirements set forth in this Section
shall not apply to purchase of service agreements or other
contracts, purchases or sales entered into by the Authority
with any transportation agency or unit of local government.
(b) (1) In connection with two-phase design/build
selection procedures authorized in this Section, a Service
Board may authorize, by the affirmative vote of two-thirds of
the then members of the Service Board, the use of competitive
selection and the prequalification of responsible bidders
consistent with applicable federal regulations and this
subsection (b).
(2) Two-phase design/build selection procedures shall

09800HB3178ham003 - 9 - LRB098 08023 OMW 44785 a
consist of the following:
(i) A Service Board shall develop, through
licensed architects or licensed engineers, a scope of
work statement for inclusion in the solicitation for
phase-one proposals that defines the project and
provides prospective offerors with sufficient
information regarding the Service Board's
requirements. The statement shall include criteria and
preliminary design, and general budget parameters and
general schedule or delivery requirements to enable
the offerors to submit proposals which meet the Service
Board's needs. When the two-phase design/build
selection procedure is used and the Service Board
contracts for development of the scope of work
statement, the Service Board shall contract for
architectural or engineering services as defined by
and in accordance with the Architectural, Engineering,
and Land Surveying Qualifications Based Selection Act
and all applicable licensing statutes.
(ii) The evaluation factors to be used in
evaluating phase-one proposals must be stated in the
solicitation and must include specialized experience
and technical competence, capability to perform, past
performance of the offeror's team (including the
architect-engineer and construction members of the
team) and other appropriate technical and

09800HB3178ham003 - 10 - LRB098 08023 OMW 44785 a
qualifications factors. Each solicitation must
establish the relative importance assigned to the
evaluation factors and the subfactors that must be
considered in the evaluation of phase-one proposals on
the basis of the evaluation factors set forth in the
solicitation. Each design/build team must include a
licensed design professional independent from the
Service Board's licensed architect or engineer and a
licensed design professional must be named in the
phase-one proposals submitted to the Service Board.
(iii) On the basis of the phase-one proposal the
Service Board shall select as the most highly qualified
the number of offerors specified in the solicitation
and request the selected offerors to submit phase-two
competitive proposals and cost or price information.
Each solicitation must establish the relative
importance assigned to the evaluation factors and the
subfactors that must be considered in the evaluation of
phase-two proposals on the basis of the evaluation
factors set forth in the solicitation. A Service Board
may negotiate with the selected design/build team
after award but prior to contract execution for the
purpose of securing better terms than originally
proposed, provided the salient features of the
design/build solicitation are not diminished. Each
phase-two solicitation evaluates separately (A) the

09800HB3178ham003 - 11 - LRB098 08023 OMW 44785 a
technical submission for the proposal, including
design concepts or proposed solutions to requirements
addressed within the scope of work, and (B) the
evaluation factors and subfactors, including cost or
price, that must be considered in the evaluations of
proposals.
(iv) A design/build solicitation issued under the
procedures in this subsection (b) shall state the
maximum number of offerors that are to be selected to
submit competitive phase-two proposals. The maximum
number specified in the solicitation shall not exceed 5
unless the Service Board with respect to an individual
solicitation determines that a specified number
greater than 5 is in the best interest of the Service
Board and is consistent with the purposes and
objectives of the two-phase design/build selection
process.
(v) All designs submitted as part of the two-phase
selection process and not selected shall be
proprietary to the preparers.
(Source: P.A. 89-664, eff. 8-14-96.)
Section 99. Effective date. This Act takes effect upon
becoming law.".