MAHONEY, SILVERMAN & CROSS, LLC DAVID J. SILVERMAN JOLIET ● CHICAGO ● OSWEGO ● FRANKFORT ● MORRIS WWW.MSCLAWFIRM.COM
L oc al Gover nment Pr ofessional Ser vic es Selec tion Ac t (50 IL CS 510/ 1 e t. se q. Illinois units of Local Government Architectural, Engineering and Land Surveying services POLICY: It shall be the policy of the political subdivisions of the State of Illinois to negotiate and enter into contracts for architectural, engineering and land survey services on the basis of demonstrated competence and qualifications for the type of services required and at a fair and reasonable compensation.
L oc al Gover nment Pr ofessional Ser vic es Selec tion Ac t (50 IL CS 510/ 1 e t. se q. L OCAL GOVE RNME NT Federal process may be utilized and rules modified or adapted to remain eligible for federal aid Applies to “Projects” utilizing architectural, engineering, or land survey services “Projects” – Any capital improvement project or any study, plan, survey or new or existing program activity utilizing those services
L oc al Gover nment Pr ofessional Ser vic es Selec tion Ac t (50 IL CS 510/ 1 e t. se q. E XE MPT IONS Emergency situations where the emergency is documented in a formal resolution Work under $40,000 (increased annually by CPI) Home Rule Authority Satisfactory relationship City of Chicago
L oc al Gover nment Pr ofessional Ser vic es Selec tion Ac t (50 IL CS 510/ 1 e t. se q. PUBL IC NOT ICE Firms may annually file statements of qualifications and performance data
L oc al Gover nment Pr ofessional Ser vic es Selec tion Ac t (50 IL CS 510/ 1 e t. se q. ADVE RT ISE ME NT Unless the unit of government is utilizing a firm with a satisfactory relationship: Notify all firms which have on file the annual statement of intent Place an ad in newspaper requesting statements of qualifications and performance duties for particular projects including when due; OR Place notice on website
L oc al Gover nment Pr ofessional Ser vic es Selec tion Ac t (50 IL CS 510/ 1 e t. se q. E VAL UAT ION PROCE DURE Evaluate firms taking into account: Qualifications Ability of professional personnel Past record and experience Performance data Willingness to meet time requirements Location Work load of firm Other factors May require discussions and public presentations by firms deemed the most qualified May not seek formal or informal cost estimates
L oc al Gover nment Pr ofessional Ser vic es Selec tion Ac t (50 IL CS 510/ 1 e t. se q. SE L E CT ION PROCE DURE S On basis of evaluations, discussions and presentations Identify 3 most qualified firms Rank 1-3
L oc al Gover nment Pr ofessional Ser vic es Selec tion Ac t (50 IL CS 510/ 1 e t. se q. CONT RACT NE GOT IAT ION Prepare scope of services Begin negotiations with highest rank firm on contract price Consider complexity, value, scope, and professional nature of services Negotiate through the list of 3 if necessary Re-evaluate and start over if necessary
L oc al Gover nment Pr ofessional Ser vic es Selec tion Ac t (50 IL CS 510/ 1 e t. se q. HOME RUL E No Home Rule pre-emption Home Rule units can use alternative methods But be sure not to conflict with State/Federal requirements that could affect funding This Photo by Unknown Author is licensed under CC BY-SA
Architectural, Engineering, and Land Surveying Qualifications Act ST AT E AGE NCIE S 30 ILCS 535/1 e t. se q. State Agency Procurement of services This Photo by Unknown Author is licensed under CC BY-NC-ND This Photo by Unknown Author i i
Architectural, Engineering, and Land Survey qualifications based on Selection Act Applies to State agencies Major differences from Local Government Act Notice – Not less than 14 days advance notice in professional services bulletin or the official state newspaper (The Breeze Courier) Establish a Selection Committee Selection Committee must have at least one public member selected by a statewide association of professional affected Exemptions for contracts less than $25,000
Architectural, Engineering, and Land Survey qualifications based on Selection Act State requires a “pre-qualification process” There must be an evaluation post project of the firm which is confidential, not subject to FOIA Prohibits an architect, engineer or surveyor from acting contrary to the provisions of the Act or being a party to a contract in violation of the Act Contract is void and unenforceable and Comptroller and Treasurer shall not process claims or checks Design build projects are not prohibited (30 ILCS 525/75)
Quality Based Selection Policies – Federal Funding 23 CFR 172 Brooks Act 5-5 of IDOT Bureau of local roads and streets manual (5.06 e) – great reference
Brooks Act 40 USC 1101 to 1104 Po lic y Policy of Federal Government to publicly announce all requirements for architecture and engineering services On the basis of demonstrated competence and qualification At fair and reasonable prices
Brooks Act APPL ICAT ION Federal agencies Professional services of architect or engineering nature associated with research, planning, development, design, construction, alteration or repair of real property Other services including studies, surveying and mapping, soil tests, etc.
Brooks Act SE L E CT ION PROCE DURE Agency Heads Ranks firms 1-3 (or more)
BROOKS ACT NE GOT IAT ION OF CONT RACT Negotiate to contract in order of the ranking To obtain a fair and reasonable price
BROOKS ACT PROCE SS OUT COME 1. Public solicitation for services – annual submissions 2. Submission of Qualifications, etc., for announced projects 3. Evaluate submissions 4. Develop a short list of at least 3 firms 5. Interview firms 6. Rank Firms interviewed 7. Negotiation with top ranked firm
IDOT Bureau of Local Roads and Streets Projects funded with State, Federal or MFT funds
Illinois Department of Transportation The QBS process for projects using State and Federal funding are under the jurisdiction of IDOT Examples and guidelines in 5-5 of the IDOT manual on Local Roads
CONFLICTS OF INTEREST No elected officials, employees, officers of the LPA may have a direct or indirect financial interest in the contracts No direct or indirect interest in any property to be acquired for the project Cannot perform inspection type services on a project designed by the firm without protections and policies in effect to mitigate any conflict
STATE FUNDED PROJECTS Over $40,000 (adjusted) Utilize QBS process in 50 ILCS 510/1 e t. se q. (local selection)
FEDERALLY FUNDED PROJECTS Use QBS as set forth in Brooks Act and Federal code, e t. se q. Federally funded under $40,000 use small purchase procurement per 23 CFR 172.7(a)(2) AND several additional requirements including: Cannot break down segments to avoid full requirements Must review at least 3 qualified consultant; if less than 3, submit IDOT to review prices to be sure it wasn’t exclusionary If a change order takes it over $40,000 then Federal funds cannot be used for the overage
POLICY Ensure a qualified consultant is obtained through a qualifications-based selection process Application – Federally funded engineering and design services for projects subject to the provisions of Federal Law Sate Agencies – provide for compliance to be performed by a State Transportation Department or under its supervision If the QBS policy has been approved by IDOT then Federal funding should be available without further IDOT review of the selection process
Quality Based Selection - Example RE SPONSIBIL IT Y The VILLAGE QBS policy and procedures assigns responsibility to the following personnel within the VILLAGE for the procurement of consultant engineering services, negotiations with the selected consultant engineering firm, and administration of the contract for projects utilizing federal funding, as described herein: k : Posting of public notice for consultant engineering services in the form of a Village Cler Request for Qualifications (RFQ) on the VILLAGE website; Placement of the RFQ in a local newspaper; Recipient of consultant submittals in response to the RFQ. ator : Point of contact for questions from potential respondents to the RFQ; Village Administr Selection committee member; Lead negotiator with the selected consultant; Project Administrator (PA) after IDOT authorization to proceed. ks : Selection committee member; Assistant negotiator with the selected Dir e c tor of Public Wor consultant. d : Approval of the selection committee results; Approval of the negotiated Village Boar consultant contract for submittal to IDOT. Mayor : Administrative oversight.
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