HB3456 EngrossedLRB103 30602 DTM 57042 b

1    AN ACT concerning finance.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Procurement Code is amended by
5adding Section 1-41 as follows:
 
6    (30 ILCS 500/1-41 new)
7    Sec. 1-41. Application to the Department of Natural
8Resources World Shooting and Recreational Complex. In
9accordance with Section 7.9 of the State Property Control Act,
10this Code does not apply to any procurements related to the
11sale of the World Shooting and Recreational Complex, provided
12that the process shall be conducted in a manner substantially
13in accordance with the requirements of the following Sections
14of this Code: 20-160, 50-5, 50-10, 50-10.5, 50-12, 50-13,
1550-15, 50-20, 50-21, 50-35, 50-36, 50-37, 50-38, and 50-50.
16The exemption contained in this Section does not apply to any
17leases involving the World Recreational Shooting Complex.
 
18    Section 10. The State Property Control Act is amended by
19adding Section 7.9 as follows:
 
20    (30 ILCS 605/7.9 new)
21    Sec. 7.9. Department of Natural Resources World Shooting

 

 

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1and Recreational Complex.
2    (a) Notwithstanding any other provision of this Act or any
3other law to the contrary, the Director of Natural Resources
4may dispose of the World Shooting and Recreational Complex
5located in Sparta, Illinois. The Director may sell the complex
6as provided in subsection (b).
7    (b) If the Director opts to sell the World Shooting and
8Recreational Complex as authorized in subsection (a), the
9Director shall dispose of the property using a competitive
10sealed proposal process that includes, at a minimum, the
11following:
12        (1) Engagement prior to request for proposals or
13    invitation for bids. The Director or the Director's
14    designee may, prior to soliciting requests for proposals
15    or invitations for bids, enter into discussions with
16    interested purchasers in order to assess existing market
17    conditions and demands, provided that no such interested
18    purchasers shall have any role in drafting any request for
19    proposals or invitation for bids, nor shall any request
20    for proposal or invitation for bid be provided to any
21    interested purchaser prior to its general public
22    distribution. The Director may issue a request for
23    qualifications that requests interested purchasers to
24    provide such information as the Director deems necessary
25    in order to evaluate the qualifications of such interested
26    purchasers. This may include, but is not limited to, the

 

 

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1    ability of interested purchasers to acquire the property,
2    as determined by the Director.
3        (2) Invitation for bids. The Director may solicit
4    information from interested purchasers through an
5    invitation for bid to provide such information as the
6    Director deems necessary in order to determine the
7    qualifications of such interested purchasers.
8        (3) Request for proposals. Proposals to acquire the
9    property shall be solicited through a request for
10    proposals. The request for proposals shall include such
11    requirements and factors as the Director shall determine
12    are necessary or advisable with respect to the disposition
13    of the World Shooting and Recreational Complex.
14        (4) Public notice. Public notice of any invitation for
15    bids and request for proposals shall be published in the
16    Illinois Procurement Bulletin at least 14 calendar days
17    before the date by which such requests are due. The
18    Director may advertise the invitation and request in any
19    other manner or publication that the Director reasonably
20    determines may increase the scope and nature of responses
21    to the invitation and request. In the event the Director
22    shall have already identified interested purchasers as set
23    forth in this Section, the invitation for bid and notice
24    of the request for proposals may be delivered directly to
25    such interested purchasers in addition to the public
26    notice.

 

 

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1        (5) Opening of proposals or bids. Invitations and
2    proposals shall be opened publicly on the date, time, and
3    location designated in the Illinois Procurement Bulletin,
4    but the invitation and proposal shall be opened in a
5    manner to avoid disclosure of contents to competing
6    purchasers during the process of negotiation. A record of
7    proposals shall be prepared and shall be open for public
8    inspection after contract award but prior to contract
9    execution.
10        (6) Evaluation factors. Proposals shall be submitted
11    in 2 parts:
12            (A) price; and
13            (B) terms and conditions of purchase.
14        The first part of all proposals shall be evaluated and
15    ranked independently of the second part of all proposals.
16        (7) Discussion with interested purchasers and
17    revisions of offers or proposals. After the opening of the
18    proposals, and under such guidelines as the Director may
19    elect to establish in the request for proposals, the
20    Director or the Director's designees may engage in
21    discussions with interested purchasers who submitted
22    offers or proposals that the Director determines are
23    reasonably susceptible of being selected for award for the
24    purpose of clarifying and assuring full understanding of
25    and responsiveness to the solicitation requirements. Those
26    purchasers shall be accorded fair and equal treatment with

 

 

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1    respect to any opportunity for discussion and revision of
2    proposals. Revisions may be permitted after submission and
3    before award for the purpose of obtaining best and final
4    offers. In conducting discussions, there shall be no
5    disclosure of any information derived from proposals
6    submitted by competing purchasers. If information is
7    disclosed to any purchaser, it shall be provided to all
8    competing purchasers.
9        (8) Award. Awards shall be made to the interested
10    purchaser whose proposal is determined in writing to be
11    the most advantageous to the State, taking into
12    consideration price and the evaluation factors set forth
13    in the request for proposals. The contract file shall
14    contain the basis on which the award is made.
15    (c) The Director may order such surveys, abstracts of
16title, or commitments for title insurance, environmental
17reports, property condition reports, appraisals, or any other
18services or materials as the Director may deem necessary. All
19conveyances of property made by the Director under this
20Section shall be by quit claim deed and subject to existing
21public utilities, existing public roads, and any and all
22reservations, easements, encumbrances, covenants, and
23restrictions of record.
24    (d) Moneys received from the sale of real property under
25this Section and deemed necessary to repay tax-exempt bond
26proceeds issued for the purpose of acquisition, development,

 

 

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1or improvement of the property shall be deposited into the
2Capital Development Fund. Any remaining funds may be deposited
3into other special funds used in the acquisition and
4development of the property by the State, provided that any
5obligations of the State to the purchaser acquiring the
6property, a contractor involved in the sale of the property,
7or a unit of local government may be remitted from the proceeds
8during the closing process and need not be deposited in the
9State treasury prior to closing.
10    (e) The Director may enter into any agreements and execute
11any documents necessary to exercise the authority granted by
12this Section.
 
13    Section 99. Effective date. This Act takes effect upon
14becoming law.