Bill Text: IL HB1742 | 2023-2024 | 103rd General Assembly | Enrolled

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

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Bill Title: Amends the Regional Transportation Authority Act. Provides that the Regional Transportation Authority and the Service Boards may donate rolling stock, including locomotives and equipment, to museums in this State that are not-for-profit corporations.

Spectrum: Moderate Partisan Bill (Republican 5-1)

Status: (Passed) 2024-07-19 - Public Act . . . . . . . . . 103-0654 [HB1742 Detail]

Download: Illinois-2023-HB1742-Enrolled.html

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AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. 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
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 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. The Board shall adopt regulations to ensure that the
construction, demolition, rehabilitation, renovation, and
building maintenance projects by the Authority or a Service
Board other than the Chicago Transit Authority for services or
public transportation facilities involving a cost of more than
$40,000 shall be after public notice and with public bidding.
Such regulations may provide for exceptions to such
requirements for acquisition of repair parts, accessories,

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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

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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

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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

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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

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