630 ILCS 5/20 — Illinois Code / Chapter 630 / Act 5 / Section 20
Section 20
Status: in_force

(630 ILCS 5/20) Sec. 20. Competitive procurement process. (a) A responsible public entity may solicit proposals for a transportation project from private entities. The responsible public entity shall determine and set forth the criteria for the selection process. The responsible public entity shall use (i) a competitive sealed bidding process, (ii) a competitive sealed proposal process, or (iii) a design-build procurement process in accordance with Section 25 of this Act. Before using one of these processes the responsible public entity may use a request for information to obtain information relating to possible public-private partnerships. (b) If a transportation project will require the performance of design work, the responsible public entity shall use the shortlist selection process set forth in subsection (g) of this Section to evaluate and shortlist private entities based on qualifications, including but not limited to design qualifications. A request for qualifications, request for proposals, or public-private agreement awarded to a contractor for a transportation project shall require that any subsequent need for architectural, engineering, or land surveying services which arises after the submittal of the request for qualifications or request for proposals or the awarding of the public-private agreement shall be procured by the contractor using a qualifications-based selection process consisting of: (1) the publication of notice of availability of services; (2) a statement of desired qualifications; (3) an evaluation based on the desired qualifications; (4) the development of a shortlist ranking the firms in order of qualifications; and (5) negotiations with the ranked firms for a fair and reasonable fee. Compliance with the Architectural, Engineering, and Land Surveying Qualifications Based Selection Act shall be deemed prima facie compliance with this subsection (b). Every transportation project contract shall include provisions setting forth the requirements of this subsection (b). (c) (Blank). (d) (Blank). (e) (Blank). (f) All procurement processes shall incorporate requirements and set forth goals for participation by disadvantaged business enterprises as allowed under State and federal law. (g) The responsible public entity shall establish a process to shortlist potential private entities. The responsible public entity shall: (i) provide a public notice of the shortlisting process for such period as deemed appropriate by the agency; (ii) set forth requirements and evaluation criteria in a request for qualifications; (iii) develop a shortlist by determining which private entities that have submitted statements of qualification, if any, meet the minimum requirements and best satisfy the evaluation criteria set forth in the request for qualifications; and (iv) allow only those entities, or groups of entities such as unincorporated joint ventures, that have been shortlisted to submit proposals or bids. Throughout the procurement period and as necessary following the award of a contract, the responsible public entity shall make publicly available on its website information regarding firms that are prequalified by the responsible public entity pursuant to Section 20 of the Architectural, Engineering, and Land Surveying Qualifications Based Selection Act to provide architectural, engineering, and land surveying services. The responsible public entities shall require private entities to use firms prequalified under this Act to provide architectural, engineering, and land surveying services. Firms identified to provide architectural, engineering, and land surveying services in a statement of qualifications shall be prequalified under the Act to provide the identified services prior to the responsible public entity's award of the contract. (h) Competitive sealed bidding requirements: (1) All contracts shall be awarded by competitive sealed bidding except as otherwise