QBS Act

APPENDIX D

30 ILCS 535/1

Architectural, Engineering, and Land Surveying Qualifications Based Selection Act

Title of Act:

An Act concerning procurement of architectural, engineering, and land surveying services by the State of Illinois. P.A. 87-673, approved Sept. 23, 1991, eff. Jan. 1, 1992.

535/1. Short title

§ 1. Short title. This Act may be cited as the Architectural, Engineering, and Land Surveying Qualifications Based Selection Act.P.A. 87-673, § 1, eff. Jan. 1, 1992.
Formerly Ill.Rev.Stat.1991, ch. 127, ¶ 4151-1.

535/5. State policy on procurement of architectural, engineering, and land surveying services

§ 5. State policy on procurement of architectural, engineering, and land surveying services. It is the policy of State agencies of this State to publicly announce all requirements for architectural, engineering, and land surveying services, to procure these services on the basis of demonstrated competence and qualifications, to negotiate contracts at fair and reasonable prices, and to authorize the Department of Professional Regulation to enforce the provisions of Section 65 of this Act.¹P.A. 87-673, § 5, eff. Jan. 1, 1992.
Formerly Ill.Rev.Stat.1991, ch. 127, ¶ 4151-5.
¹ 30 ILCS 535/65.

535/10. Federal requirements

§ 10. Federal requirements. In the procurement of architectural, engineering, and land surveying services and in the awarding of contracts, a State agency may comply with federal law and regulations including, but not limited to , Public Law 92-582 (Federal Architect-Engineer Selection Law, Brooks Law, 40 U.S.C. 541) and take all necessary steps to adapt its rules, specifications, policies, and procedures accordingly to remain eligible for federal aid.P.A. 87-673, § 10, eff. Jan. 1, 1992.
Formerly Ill.Rev.Stat.1991, ch. 127, ¶ 4151-10.

535/15. Definitions

§ 15. Definitions. As used in this Act:
“Architectural services” means any professional service as defined in Section 5 of the Illinois Architecture Practice Act of 1989.¹“Engineering services” means any professional service as defined in Section 4 of the Professional Engineering Practice Act of 1989² or Section 5 of the Structural Engineering Licensing Act of 1989.³

“Firm” means any individual, sole proprietorship, firm, partnership, corporation, association, or other legal entity permitted by law to practice the profession of architecture, engineering, or land surveying and provide those services.

“Land surveying services” means any professional service as defined in Section 5 of the Illinois Professional Land Surveyor Act of 1989.⁴

“Project” means any capital improvement project or any design, study, plan, survey, or new or existing program activity of a State agency, including development of new or existing programs that require architectural, engineering, or land surveying services.

“State agency” means any department, commission, council, board, bureau, committee, institution, agency, university, government corporation, authority, or other establishment or official of this State.

P.A. 87-673, § 15, eff. Jan. 1, 1992.
Formerly Ill.Rev.Stat.1991, ch. 127, ¶ 4151-15.
¹ 225 ILCS 305/5.
² 225 ILCS 325/4.
³ 225 ILCS 340/5.
⁴ 225 ILCS 330/5.

535/20. Prequalification

§ 20. Prequalification. A State agency shall establish procedures to prequalify firms seeking to provide architectural, engineering, and land surveying services or may use prequalification lists from other State agencies to meet the requirements of this Section.P.A. 87-673, § 20, eff. Jan. 1, 1992.
Formerly Ill.Rev.Stat.1991, ch. 127, ¶ 4151-20.

535/25. Public notice

§ 25. Public notice. Whenever a project requiring architectural, engineering, or land surveying services is proposed for a State agency, the State agency shall provide no less than a 14 day advance notice published in a professional services bulletin or advertised within the official State newspaper setting forth the projects and services to be procured. The professional services bulletin shall be mailed to each firm that has requested the information or is prequalified under Section 20.¹The professional services bulletin shall include a description of each project and shall state the time and place for interested firms to submit a letter of interest and, if required by the public notice, a statement of qualifications.P.A. 87-673, § 25, eff. Jan. 1, 1992.
Formerly Ill.Rev.Stat.1991, ch. 127, ¶ 4151-25.
¹ 30 ILCS 535/20.

535/30. Evaluation procedure

§ 30. Evaluation procedure. A State agency shall evaluate the firms submitting letters of interest and other prequalified firms, taking into account qualifications; and the State agency may consider, but shall not be limited to considering, ability of professional personnel, past record and experience, performance data on file, willingness to meet time requirements, location, workload of the firm and any other qualifications based factors as the State agency may determine in writing are applicable. The State agency may conduct discussions with and require public presentations by firms deemed to be the most qualified regarding their qualifications, approach to the project and ability to furnish the required services.A State agency shall establish a committee to select firms to provide architectural, engineering, and land surveying services. A selection committee may include at least one public member nominated by a statewide association of the profession affected. The public member may not be employed or associated with any firm holding a contract with the State agency nor may the public members’ firm be considered for a contract with that State agency while serving as a public member of the committee.

In no case shall a State agency, prior to selecting a firm for negotiation under Section 40,¹ seek formal or informal submission of verbal or written estimates of costs or proposals in terms of dollars, hours required, percentage of construction cost, or any other measure of compensation.

P.A. 87-673, § 30, eff. Jan. 1, 1992.
Formerly Ill.Rev.Stat.1991, ch. 127, ¶ 4151-30.
¹ 30 ILCS 535/40.

535/35. Selection procedure

§ 35. Selection procedure. On the basis of evaluations, discussions, and any presentations, the State agency shall select no less than 3 firms it determines to be qualified to provide services for the project and rank them in order of qualifications to provide services regarding the specific project. The State agency shall then contact the firm ranked most preferred to negotiate a contract at a fair and reasonable compensation. If fewer than 3 firms submit letters of interest and the State agency determines that one or both of those firms are so qualified, the State agency may proceed to negotiate a contract under Section 40.¹ The decision of the State agency shall be final and binding.P.A. 87-673, § 35, eff. Jan. 1, 1992.
Formerly Ill.Rev.Stat.1991, ch. 127, ¶ 4151-35.
¹ 30 ILCS 535/40.

535/40. Contract negotiation

§ 40. Contract negotiation.(a) The State agency shall prepare a written description of the scop of the proposed services to be used as a basis for negotiations and shall negotiate a contract with the highest qualified firm at compensation that the State agency determines in writing to be fair and reasonable. In making this decision, the State agency shall take into account the estimated value, scope, complexity, and professional nature of the services to be rendered. In no case may a State agency establish a maximum overhead rate or other payment formula designed to eliminate firms from contention or restrict competition or negotiation of fees.

(b) If the State agency is unable to negotiate a satisfactory contract with the firm that is most preferred, negotiations with that firm shall be terminated. The State agency shall then begin negotiations with the firm that is next preferred. If the State agency is unable to negotiate a satisfactory contract with that firm, negotiations with that firm shall be terminated. The State agency shall then begin negotiations with the firm that is next preferred.

( c) If the State agency is unable to negotiate a satisfactory contract with any of the selected firms, the State agency shall re-evaluate the architectural, engineering, or land surveying services requested, including the estimated value, scope, complexity, and fee requirements. The State agency shall then compile a second list of not less than 3 qualified firms and proceed in accordance with the provisions of this Act.

(d) A firm negotiating a contract with a State agency shall negotiate subcontracts for architectural, engineering, and land surveying services at compensation that the firm determines in writing to be fair and reasonable based upon a written description of the scope of the proposed services.

P.A. 87-673, § 40, eff. Jan. 1, 1992.
Formerly Ill.Rev.Stat.1991, ch. 127, ¶ 4151-40.

535/45. Small contracts

§ 45. Small contracts. The provisions of Section 25, 30, and 35¹ do not apply to architectural, engineering, and land surveying contracts of less than $25,000.P.A. 87-673, § 45, eff. Jan. 1, 1992.
Formerly Ill.Rev.Stat.1991, ch. 127, ¶ 4151-45.
¹ 30 ILCS 535/25, 535/30 and 535/35.

535/50. Emergency services

§ 50. Emergency services. Sections 25, 30 and 35¹ do not apply in the procurement of architectural, engineering, and land surveying services by State agencies (I) when an agency determines in writing that it is in the best interest of the State to proceed with the immediate selection of a firm or (ii) in emergencies when immediate services are necessary to protect the public health and safety, including, but not limited to, earthquake, tornado, storm, or natural or man-made disaster.P.A. 87-673, § 50, eff. Jan. 1, 1992.
Formerly Ill.Rev.Stat.1991, ch. 127, ¶ 4151-50.
¹ 30 ILCS 535/25, 535/30 and 535/35.

535/55. Firm performance evaluation

§ 55. Firm performance evaluation. Each State agency shall evaluate the performance of each firm upon completion of a contract. That evaluation shall be made available to the firm who may submit a written response, with the evaluation and response retained solely by the agency. The evaluation and response shall not be made available to any other person or firm and is exempt from disclosure under the Freedom of Information Act.¹P.A. 87-673, § 55, eff. Jan. 1, 1992.
Formerly Ill.Rev.Stat.1991, ch. 127, ¶ 4151-55.
¹ 5 ILCS 140/1 et seq.

535/60. Certificate of compliance

§ 60. Certificate of compliance. Each contract for architectural, engineering, and land surveying services by a State agency shall contain a certificate signed by a representative of the State agency and the firm that the provisions of this Act were complied with.P.A. 87-673, § 60, eff. Jan. 1, 1992.
Formerly Ill.Rev.Stat.1991, ch. 127, ¶ 4151-60.

535/65. Scope

§ 65. Scope. No person, corporation, or partnership licensed or registered under the Illinois Architecture Practice Act of 1989,¹ the Professional Engineering Practice Act of 1989,² the Structural Engineering Licensing Act of 1989,³ or the Illinois Professional Land Surveyor Act of 1989⁴ shall engage in any act or conduct, or be a party to any contract, or agreement, in violation of the provisions of this Act.P.A. 87-673, § 65, eff. Jan. 1, 1992.
Formerly Ill.Rev.Stat.1991, ch. 127, ¶ 4151-65.
¹ 225 ILCS 305/1 et seq.
² 225 ILCS 325/1 et seq.
³ 225 ILCS 340/1 et seq.
⁴ 225 ILCS 330/1 et seq.

535/70. Enforcement

§ 70. Enforcement. Any contract or agreement made in violation of this Act after the effective date of this Act, except a supplement or extension of an existing contract, is void and unenforceable, and the Comptroller and Treasurer of the State of Illinois shall not process any payment claims or checks for any contract or agreement made in violation of this Act.P.A. 87-673, § 70, eff. Jan. 1, 1992.
Formerly Ill.Rev.Stat.1991, ch. 127, ¶ 4151-70.

535/75. Design/build project Contracting

§ 75. Nothing in this Act shall be deemed to prohibit a State agency from contracting for a design/build project.P.A. 87-673, § 75, eff. Jan. 1, 1992.
Formerly Ill.Rev.Stat.1991, ch. 127, ¶ 4151-75.

535/80. Affirmative action

§ 80. Affirmative action. Nothing in this Act shall be deemed to prohibit or restrict agencies from establishing or maintaining affirmative action contracting goals for minorities or women, or small business setaside programs, now or hereafter established by law, rules and regulations, or executive order.P.A. 87-673, § 80, eff. Jan. 1, 1992.
Formerly Ill.Rev.Stat.1991, ch. 127, ¶ 4151-80.

510/8. Waiver of Competition

(50 ILCS 510/8) (from Ch. 85, par. 6408)
Sec. 8. Waiver of competition. A political subdivision may waive the requirements of Sections 4, 5, and 6 if it determines, by resolution, that an emergency situation exists and a firm must be selected in an expeditious manner, or the cost of architectural, engineering, and land surveying services for the project is expected to be less than $25,000.
(Source: P.A. 87-1034.)