Public Act 098-1156
 
HB5878 EnrolledLRB098 20294 JLK 55729 b



    AN ACT concerning local government.

 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: 




 
 
    Section 5. The Metropolitan Transit Authority Act is 
amended  by changing Section 32 as follows:
 



    (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 10. 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 
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 15. 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 
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 
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 
    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 
        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 
        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.