Bill Amendment: IL HB1742 | 2023-2024 | 103rd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: LOCAL GOVERNMENT-TECH
Status: 2024-07-19 - Public Act . . . . . . . . . 103-0654 [HB1742 Detail]
Download: Illinois-2023-HB1742-House_Amendment_001.html
Bill Title: LOCAL GOVERNMENT-TECH
Status: 2024-07-19 - Public Act . . . . . . . . . 103-0654 [HB1742 Detail]
Download: Illinois-2023-HB1742-House_Amendment_001.html
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1 | AMENDMENT TO HOUSE BILL 1742 | ||||||
2 | AMENDMENT NO. ______. Amend House Bill 1742 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Regional Transportation Authority Act is | ||||||
5 | amended by changing Section 4.06 as follows:
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6 | (70 ILCS 3615/4.06) (from Ch. 111 2/3, par. 704.06) | ||||||
7 | Sec. 4.06. Public bidding. | ||||||
8 | (a) The Board shall adopt regulations to ensure that the | ||||||
9 | acquisition by the Authority or a Service Board other than the | ||||||
10 | Chicago Transit Authority of services or public transportation | ||||||
11 | facilities (other than real estate) involving a cost of more | ||||||
12 | than the small purchase threshold set by the Federal Transit | ||||||
13 | Administration and the disposition of all property of the | ||||||
14 | Authority or a Service Board other than the Chicago Transit | ||||||
15 | Authority shall be after public notice and with public | ||||||
16 | bidding. The Board shall adopt regulations to ensure that the |
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1 | construction, demolition, rehabilitation, renovation, and | ||||||
2 | building maintenance projects by the Authority or a Service | ||||||
3 | Board other than the Chicago Transit Authority for services or | ||||||
4 | public transportation facilities involving a cost of more than | ||||||
5 | $40,000 shall be after public notice and with public bidding. | ||||||
6 | Such regulations may provide for exceptions to such | ||||||
7 | requirements for acquisition of repair parts, accessories, | ||||||
8 | equipment or services previously furnished or contracted for; | ||||||
9 | for the immediate delivery of supplies, material or equipment | ||||||
10 | or performance of service when it is determined by the | ||||||
11 | concurrence of two-thirds of the then Directors that an | ||||||
12 | emergency requires immediate delivery or supply thereof; for | ||||||
13 | goods or services that are economically procurable from only | ||||||
14 | one source; for contracts for the maintenance or servicing of | ||||||
15 | equipment which are made with the manufacturers or authorized | ||||||
16 | service agent of that equipment where the maintenance or | ||||||
17 | servicing can best be performed by the manufacturer or | ||||||
18 | authorized service agent or such a contract would be otherwise | ||||||
19 | advantageous to the Authority or a Service Board, other than | ||||||
20 | the Chicago Transit Authority, except that the exceptions in | ||||||
21 | this clause shall not apply to contracts for plumbing, | ||||||
22 | heating, piping, refrigeration and automatic temperature | ||||||
23 | control systems, ventilating and distribution systems for | ||||||
24 | conditioned air, and electrical wiring; for goods or services | ||||||
25 | procured from another governmental agency; for purchases and | ||||||
26 | contracts for the use or purchase of data processing equipment |
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1 | and data processing systems software; for the acquisition of | ||||||
2 | professional or utility services; and for the acquisition of | ||||||
3 | public transportation equipment including, but not limited to, | ||||||
4 | rolling stock, locomotives and buses, provided that: (i) it is | ||||||
5 | determined by a vote of 2/3 of the then Directors of the | ||||||
6 | Service Board making the acquisition that a negotiated | ||||||
7 | acquisition offers opportunities with respect to the cost or | ||||||
8 | financing of the equipment, its delivery, or the performance | ||||||
9 | of a portion of the work within the State or the use of goods | ||||||
10 | produced or services provided within the State; (ii) a notice | ||||||
11 | of intention to negotiate for the acquisition of such public | ||||||
12 | transportation equipment is published in a newspaper of | ||||||
13 | general circulation within the City of Chicago inviting | ||||||
14 | proposals from qualified vendors; and (iii) any contract with | ||||||
15 | respect to such acquisition is authorized by a vote of 2/3 of | ||||||
16 | the then Directors of the Service Board making the | ||||||
17 | acquisition. The requirements set forth in this Section shall | ||||||
18 | not apply to purchase of service agreements or other | ||||||
19 | contracts, purchases or sales entered into by the Authority | ||||||
20 | with any transportation agency or unit of local government. | ||||||
21 | (b) (1) In connection with two-phase design/build | ||||||
22 | selection procedures authorized in this Section, a Service | ||||||
23 | Board may authorize, by the affirmative vote of two-thirds of | ||||||
24 | the then members of the Service Board, the use of competitive | ||||||
25 | selection and the prequalification of responsible bidders | ||||||
26 | consistent with applicable federal regulations and this |
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1 | subsection (b). | ||||||
2 | (2) Two-phase design/build selection procedures shall | ||||||
3 | consist of the following: | ||||||
4 | (i) A Service Board shall develop, through | ||||||
5 | licensed architects or licensed engineers, a scope of | ||||||
6 | work statement for inclusion in the solicitation for | ||||||
7 | phase-one proposals that defines the project and | ||||||
8 | provides prospective offerors with sufficient | ||||||
9 | information regarding the Service Board's | ||||||
10 | requirements. The statement shall include criteria and | ||||||
11 | preliminary design, and general budget parameters and | ||||||
12 | general schedule or delivery requirements to enable | ||||||
13 | the offerors to submit proposals which meet the | ||||||
14 | Service Board's needs. When the two-phase design/build | ||||||
15 | selection procedure is used and the Service Board | ||||||
16 | contracts for development of the scope of work | ||||||
17 | statement, the Service Board shall contract for | ||||||
18 | architectural or engineering services as defined by | ||||||
19 | and in accordance with the Architectural, Engineering, | ||||||
20 | and Land Surveying Qualifications Based Selection Act | ||||||
21 | and all applicable licensing statutes. | ||||||
22 | (ii) The evaluation factors to be used in | ||||||
23 | evaluating phase-one proposals must be stated in the | ||||||
24 | solicitation and must include specialized experience | ||||||
25 | and technical competence, capability to perform, past | ||||||
26 | performance of the offeror's team (including the |
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1 | architect-engineer and construction members of the | ||||||
2 | team) and other appropriate technical and | ||||||
3 | qualifications factors. Each solicitation must | ||||||
4 | establish the relative importance assigned to the | ||||||
5 | evaluation factors and the subfactors that must be | ||||||
6 | considered in the evaluation of phase-one proposals on | ||||||
7 | the basis of the evaluation factors set forth in the | ||||||
8 | solicitation. Each design/build team must include a | ||||||
9 | licensed design professional independent from the | ||||||
10 | Service Board's licensed architect or engineer and a | ||||||
11 | licensed design professional must be named in the | ||||||
12 | phase-one proposals submitted to the Service Board. | ||||||
13 | (iii) On the basis of the phase-one proposal the | ||||||
14 | Service Board shall select as the most highly | ||||||
15 | qualified the number of offerors specified in the | ||||||
16 | solicitation and request the selected offerors to | ||||||
17 | submit phase-two competitive proposals and cost or | ||||||
18 | price information. Each solicitation must establish | ||||||
19 | the relative importance assigned to the evaluation | ||||||
20 | factors and the subfactors that must be considered in | ||||||
21 | the evaluation of phase-two proposals on the basis of | ||||||
22 | the evaluation factors set forth in the solicitation. | ||||||
23 | A Service Board may negotiate with the selected | ||||||
24 | design/build team after award but prior to contract | ||||||
25 | execution for the purpose of securing better terms | ||||||
26 | than originally proposed, provided the salient |
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1 | features of the design/build solicitation are not | ||||||
2 | diminished. Each phase-two solicitation evaluates | ||||||
3 | separately (A) the technical submission for the | ||||||
4 | proposal, including design concepts or proposed | ||||||
5 | solutions to requirements addressed within the scope | ||||||
6 | of work, and (B) the evaluation factors and | ||||||
7 | subfactors, including cost or price, that must be | ||||||
8 | considered in the evaluations of proposals. | ||||||
9 | (iv) A design/build solicitation issued under the | ||||||
10 | procedures in this subsection (b) shall state the | ||||||
11 | maximum number of offerors that are to be selected to | ||||||
12 | submit competitive phase-two proposals. The maximum | ||||||
13 | number specified in the solicitation shall not exceed | ||||||
14 | 5 unless the Service Board with respect to an | ||||||
15 | individual solicitation determines that a specified | ||||||
16 | number greater than 5 is in the best interest of the | ||||||
17 | Service Board and is consistent with the purposes and | ||||||
18 | objectives of the two-phase design/build selection | ||||||
19 | process. | ||||||
20 | (v) All designs submitted as part of the two-phase | ||||||
21 | selection process and not selected shall be | ||||||
22 | proprietary to the preparers. | ||||||
23 | (c) The Regional Transportation Authority and the Service | ||||||
24 | Boards may donate rolling stock, including locomotives and | ||||||
25 | equipment, to museums in this State that are not-for-profit | ||||||
26 | corporations under Section 501(c)(3) of the Internal Revenue |
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