HB3456eng 103RD GENERAL ASSEMBLY

HB3456 Engrossed LRB103 30602 DTM 57042 b

AN ACT concerning finance.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Procurement Code is amended by adding Section 1-41 as follows:

(30 ILCS 500/1-41 new)

Sec. 1-41. Application to the Department of Natural Resources World Shooting and Recreational Complex. In accordance with Section 7.9 of the State Property Control Act, this Code does not apply to any procurements related to the sale of the World Shooting and Recreational Complex, provided that the process shall be conducted in a manner substantially in accordance with the requirements of the following Sections of this Code: 20-160, 50-5, 50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35, 50-36, 50-37, 50-38, and 50-50. The exemption contained in this Section does not apply to any leases involving the World Recreational Shooting Complex.

Section 10. The State Property Control Act is amended by adding Section 7.9 as follows:

(30 ILCS 605/7.9 new)

Sec. 7.9. Department of Natural Resources World Shooting and Recreational Complex.

(a) Notwithstanding any other provision of this Act or any other law to the contrary, the Director of Natural Resources may dispose of the World Shooting and Recreational Complex located in Sparta, Illinois. The Director may sell the complex as provided in subsection (b).

(b) If the Director opts to sell the World Shooting and Recreational Complex as authorized in subsection (a), the Director shall dispose of the property using a competitive sealed proposal process that includes, at a minimum, the following:

(1) Engagement prior to request for proposals or invitation for bids. The Director or the Director's designee may, prior to soliciting requests for proposals or invitations for bids, enter into discussions with interested purchasers in order to assess existing market conditions and demands, provided that no such interested purchasers shall have any role in drafting any request for proposals or invitation for bids, nor shall any request for proposal or invitation for bid be provided to any interested purchaser prior to its general public distribution. The Director may issue a request for qualifications that requests interested purchasers to provide such information as the Director deems necessary in order to evaluate the qualifications of such interested purchasers. This may include, but is not limited to, the ability of interested purchasers to acquire the property, as determined by the Director.

(2) Invitation for bids. The Director may solicit information from interested purchasers through an invitation for bid to provide such information as the Director deems necessary in order to determine the qualifications of such interested purchasers.

(3) Request for proposals. Proposals to acquire the property shall be solicited through a request for proposals. The request for proposals shall include such requirements and factors as the Director shall determine are necessary or advisable with respect to the disposition of the World Shooting and Recreational Complex.

(4) Public notice. Public notice of any invitation for bids and request for proposals shall be published in the Illinois Procurement Bulletin at least 14 calendar days before the date by which such requests are due. The Director may advertise the invitation and request in any other manner or publication that the Director reasonably determines may increase the scope and nature of responses to the invitation and request. In the event the Director shall have already identified interested purchasers as set forth in this Section, the invitation for bid and notice of the request for proposals may be delivered directly to such interested purchasers in addition to the public notice.

(5) Opening of proposals or bids. Invitations and proposals shall be opened publicly on the date, time, and location designated in the Illinois Procurement Bulletin, but the invitation and proposal shall be opened in a manner to avoid disclosure of contents to competing purchasers during the process of negotiation. A record of proposals shall be prepared and shall be open for public inspection after contract award but prior to contract execution.

(6) Evaluation factors. Proposals shall be submitted in 2 parts:

(A) price; and

(B) terms and conditions of purchase.

The first part of all proposals shall be evaluated and ranked independently of the second part of all proposals.

(7) Discussion with interested purchasers and revisions of offers or proposals. After the opening of the proposals, and under such guidelines as the Director may elect to establish in the request for proposals, the Director or the Director's designees may engage in discussions with interested purchasers who submitted offers or proposals that the Director determines are reasonably susceptible of being selected for award for the purpose of clarifying and assuring full understanding of and responsiveness to the solicitation requirements. Those purchasers shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals. Revisions may be permitted after submission and before award for the purpose of obtaining best and final offers. In conducting discussions, there shall be no disclosure of any information derived from proposals submitted by competing purchasers. If information is disclosed to any purchaser, it shall be provided to all competing purchasers.

(8) Award. Awards shall be made to the interested purchaser whose proposal is determined in writing to be the most advantageous to the State, taking into consideration price and the evaluation factors set forth in the request for proposals. The contract file shall contain the basis on which the award is made.

(c) The Director may order such surveys, abstracts of title, or commitments for title insurance, environmental reports, property condition reports, appraisals, or any other services or materials as the Director may deem necessary. All conveyances of property made by the Director under this Section shall be by quit claim deed and subject to existing public utilities, existing public roads, and any and all reservations, easements, encumbrances, covenants, and restrictions of record.

(d) Moneys received from the sale of real property under this Section and deemed necessary to repay tax-exempt bond proceeds issued for the purpose of acquisition, development, or improvement of the property shall be deposited into the Capital Development Fund. Any remaining funds may be deposited into other special funds used in the acquisition and development of the property by the State, provided that any obligations of the State to the purchaser acquiring the property, a contractor involved in the sale of the property, or a unit of local government may be remitted from the proceeds during the closing process and need not be deposited in the State treasury prior to closing.

(e) The Director may enter into any agreements and execute any documents necessary to exercise the authority granted by this Section.

Section 99. Effective date. This Act takes effect upon becoming law.