Full Text of SB3152 101st General Assembly
SB3152 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 SB3152 Introduced 2/6/2020, by Sen. Rachelle Crowe SYNOPSIS AS INTRODUCED: |
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30 ILCS 500/40-15 |
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30 ILCS 500/40-20 |
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30 ILCS 500/40-25 |
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Amends the Illinois Procurement Code. Provides that a request for information process need
not be used in procuring, among other items, property of less than 10,000 square feet with rent of less than $200,000 (currently, $100,000) per year. Provides that upon receipt of (1) any proposed lease of real property of 10,000 or more square feet or (2) any proposed lease of real property with annual rent payments of $200,000 (currently, $100,000) or more, the Procurement Policy Board shall have 14 (currently, 30) calendar days to review the proposed lease. Provides that if the Board does not object in writing within 14 calendar days, then the proposed lease shall become effective according to its terms as submitted. Provides that leases shall be for a term not to exceed
10 years, exclusive (rather than inclusive) of proposed contract renewal options in favor of the State that shall not exceed an additional 10 years. Provides that a lease for real property owned by the University of Illinois to be used by the University of Illinois for healthcare uses, academic facilities, dormitories, or other support uses may exceed 10 years in length under specified circumstances.
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| | A BILL FOR |
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| 1 | | AN ACT concerning finance.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Procurement Code is amended by | 5 | | changing Sections 40-15, 40-20, and 40-25 as follows:
| 6 | | (30 ILCS 500/40-15)
| 7 | | Sec. 40-15. Method of source selection.
| 8 | | (a) Request for information. Except as provided in
| 9 | | subsections (b) and (c), all State
contracts for leases of real | 10 | | property or capital improvements
shall be awarded by a request | 11 | | for
information process in accordance with Section 40-20.
| 12 | | (b) Other methods. A request for information process need
| 13 | | not be used in procuring any
of the following leases:
| 14 | | (1) Property of less than 10,000 square feet with rent | 15 | | of less than $200,000 $100,000 per year.
| 16 | | (2) (Blank).
| 17 | | (3) Duration of less than one year that cannot be
| 18 | | renewed.
| 19 | | (4) Specialized space available at only one location.
| 20 | | (5) Renewal or extension of a lease;
provided that: (i) | 21 | | the chief procurement officer determines in writing that | 22 | | the
renewal or extension is in the best interest of the | 23 | | State; (ii) the chief
procurement officer submits his or |
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| 1 | | her written determination and the renewal or
extension to | 2 | | the Board; (iii) the Board does not object in writing to | 3 | | the
renewal or extension within 30 calendar days after its | 4 | | submission; and (iv) the chief
procurement officer | 5 | | publishes the renewal or extension in the appropriate
| 6 | | volume of the Procurement Bulletin.
| 7 | | (c) Leases with governmental units. Leases with other
| 8 | | governmental units may be
negotiated without using the request | 9 | | for information process when
deemed by the chief procurement | 10 | | officer to be
in the best interest of the State.
| 11 | | (Source: P.A. 98-1076, eff. 1-1-15 .)
| 12 | | (30 ILCS 500/40-20)
| 13 | | Sec. 40-20. Request for information.
| 14 | | (a) Conditions for use. Leases shall be procured by request
| 15 | | for information except as
otherwise provided in Section 40-15.
| 16 | | (b) Form. A request for information shall be issued and
| 17 | | shall include:
| 18 | | (1) the type of property to be leased;
| 19 | | (2) the proposed uses of the property;
| 20 | | (3) the duration of the lease;
| 21 | | (4) the preferred location of the property; and
| 22 | | (5) a general description of the configuration | 23 | | desired.
| 24 | | (c) Public notice. Public notice of the request for
| 25 | | information for the availability of real
property to lease |
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| 1 | | shall be published in the appropriate volume of the Illinois
| 2 | | Procurement Bulletin at least 14 calendar days before
the date | 3 | | set forth in the request for receipt of responses and
shall | 4 | | also be published in similar
manner in a newspaper of general | 5 | | circulation in the community or
communities where the using
| 6 | | agency is seeking space.
| 7 | | (d) Response. The request for information response shall
| 8 | | consist of written information
sufficient to show that the | 9 | | respondent can meet minimum criteria
set forth in the request. | 10 | | State
purchasing officers may enter into discussions with | 11 | | respondents
for the purpose of clarifying
State needs and the | 12 | | information supplied by the respondents. On
the basis of the | 13 | | information
supplied and discussions, if any, a State | 14 | | purchasing officer shall
make a written determination
| 15 | | identifying the responses that meet the minimum criteria set | 16 | | forth
in the request for information.
Negotiations shall be | 17 | | entered into with all qualified respondents
for the purpose of | 18 | | securing a
lease that is in the best interest of the State. A | 19 | | written report
of the negotiations shall be
retained in the | 20 | | lease files and shall include the reasons for the
final | 21 | | selection. All leases shall
be reduced to writing; one copy | 22 | | shall be filed with the Comptroller in accordance with the | 23 | | provisions
of Section 20-80, and one copy shall be filed with | 24 | | the Board.
| 25 | | When the lowest response by price is not selected, the | 26 | | State purchasing
officer shall forward to the chief procurement |
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| 1 | | officer, along with the lease,
notice of the identity of the | 2 | | lowest respondent by price and written reasons
for the | 3 | | selection of a different response. The chief procurement | 4 | | officer shall
publish the written reasons in the next volume of | 5 | | the Illinois Procurement
Bulletin. | 6 | | (e) Board review. Upon receipt of (1) any proposed lease of | 7 | | real property of 10,000 or more square feet or (2) any proposed | 8 | | lease of real property with annual rent payments of $200,000 | 9 | | $100,000 or more, the Procurement Policy Board shall have 14 30 | 10 | | calendar days to review the proposed lease. If the Board does | 11 | | not object in writing within 14 30 calendar days, then the | 12 | | proposed lease shall become effective according to its terms as | 13 | | submitted. The leasing agency shall make any and all materials | 14 | | available to the Board to assist in the review process.
| 15 | | (Source: P.A. 98-1076, eff. 1-1-15 .)
| 16 | | (30 ILCS 500/40-25)
| 17 | | Sec. 40-25. Length of leases.
| 18 | | (a) Maximum term. Except as otherwise provided under | 19 | | subsection (a-5), leases shall be for a term not to exceed
10 | 20 | | years exclusive, beginning July 1, 2020, of proposed contract | 21 | | renewal options in favor of the State that shall not exceed an | 22 | | additional 10 years inclusive, beginning January, 1, 2010, of | 23 | | proposed contract renewals and shall include
a termination | 24 | | option in favor of the State after 5 years. The length of | 25 | | energy conservation program contracts or energy savings |
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| 1 | | contracts or leases shall be in accordance with the provisions | 2 | | of Section 25-45.
| 3 | | (a-5) Extended term. A lease for real property owned by the | 4 | | University of Illinois to be used by the University of Illinois | 5 | | for healthcare uses, academic facilities, dormitories, or | 6 | | other support uses at Chicago for an ambulatory surgical | 7 | | center, which would include both clinical services and retail | 8 | | space , may exceed 10 years in length where: (i) the lease | 9 | | requires the lessor to make capital improvements in excess of | 10 | | $100,000; and (ii) the Board of Trustees of the University of | 11 | | Illinois determines a term of more than 10 years is necessary | 12 | | and is in the best interest of the University. A lease under | 13 | | this subsection (a-5) may not exceed 30 years in length. | 14 | | (b) Renewal. Leases may include a renewal option. An
option | 15 | | to renew may be
exercised only when a State purchasing officer | 16 | | determines in
writing that renewal is in the best
interest of | 17 | | the State and notice of the exercise of the option is published | 18 | | in
the appropriate volume of the Procurement Bulletin at least | 19 | | 30 calendar days prior to
the exercise of the option.
| 20 | | (c) Subject to appropriation. All leases shall recite that
| 21 | | they are subject to termination
and cancellation in any year | 22 | | for which the General Assembly fails
to make an appropriation | 23 | | to
make payments under the terms of the lease.
| 24 | | (d) Holdover. Beginning January 1, 2010, no lease may | 25 | | continue on a month-to-month or other holdover basis for a | 26 | | total of more than 6 months. Beginning July 1, 2010, the |
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| 1 | | Comptroller shall withhold payment of leases beyond this | 2 | | holdover period. | 3 | | (Source: P.A. 100-23, eff. 7-6-17; 100-1047, eff. 1-1-19; | 4 | | 101-426, eff. 1-1-20 .)
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