Rep. Joe C. Sosnowski
Filed: 3/27/2024
 
 
 




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1
AMENDMENT TO HOUSE BILL 1742 


2 AMENDMENT NO. ______. Amend House Bill 1742 by replacing 
3everything after the enacting clause with the following:

4 "Section 5. The Regional Transportation Authority Act is 
5amended by changing Section 4.06 as follows:

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 
9acquisition by the Authority or a Service Board other than the 
10Chicago Transit Authority of services or public transportation 
11facilities (other than real estate) involving a cost of more 
12than the small purchase threshold set by the Federal Transit 
13Administration and the disposition of all property of the 
14Authority or a Service Board other than the Chicago Transit 
15Authority shall be after public notice and with public 
16bidding. The Board shall adopt regulations to ensure that the 
 
 
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1construction, demolition, rehabilitation, renovation, and 
2building maintenance projects by the Authority or a Service 
3Board other than the Chicago Transit Authority for services or 
4public transportation facilities involving a cost of more than 
5$40,000 shall be after public notice and with public bidding. 
6Such regulations may provide for exceptions to such 
7requirements for acquisition of repair parts, accessories, 
8equipment or services previously furnished or contracted for; 
9for the immediate delivery of supplies, material or equipment 
10or performance of service when it is determined by the 
11concurrence of two-thirds of the then Directors that an 
12emergency requires immediate delivery or supply thereof; for 
13goods or services that are economically procurable from only 
14one source; for contracts for the maintenance or servicing of 
15equipment which are made with the manufacturers or authorized 
16service agent of that equipment where the maintenance or 
17servicing can best be performed by the manufacturer or 
18authorized service agent or such a contract would be otherwise 
19advantageous to the Authority or a Service Board, other than 
20the Chicago Transit Authority, except that the exceptions in 
21this clause shall not apply to contracts for plumbing, 
22heating, piping, refrigeration and automatic temperature 
23control systems, ventilating and distribution systems for 
24conditioned air, and electrical wiring; for goods or services 
25procured from another governmental agency; for purchases and 
26contracts for the use or purchase of data processing equipment 
 
 
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1and data processing systems software; for the acquisition of 
2professional or utility services; and for the acquisition of 
3public transportation equipment including, but not limited to, 
4rolling stock, locomotives and buses, provided that: (i) it is 
5determined by a vote of 2/3 of the then Directors of the 
6Service Board making the acquisition that a negotiated 
7acquisition offers opportunities with respect to the cost or 
8financing of the equipment, its delivery, or the performance 
9of a portion of the work within the State or the use of goods 
10produced or services provided within the State; (ii) a notice 
11of intention to negotiate for the acquisition of such public 
12transportation equipment is published in a newspaper of 
13general circulation within the City of Chicago inviting 
14proposals from qualified vendors; and (iii) any contract with 
15respect to such acquisition is authorized by a vote of 2/3 of 
16the then Directors of the Service Board making the 
17acquisition. The requirements set forth in this Section shall 
18not apply to purchase of service agreements or other 
19contracts, purchases or sales entered into by the Authority 
20with any transportation agency or unit of local government.
21 (b) (1) In connection with two-phase design/build 
22selection procedures authorized in this Section, a Service 
23Board may authorize, by the affirmative vote of two-thirds of 
24the then members of the Service Board, the use of competitive 
25selection and the prequalification of responsible bidders 
26consistent with applicable federal regulations and this 
 
 
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1subsection (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 
24Boards may donate rolling stock, including locomotives and 
25equipment, to museums in this State that are not-for-profit 
26corporations under Section 501(c)(3) of the Internal Revenue 
 
 
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