Full Text of SB3152 101st General Assembly
SB3152sam001 101ST GENERAL ASSEMBLY | Sen. Rachelle Crowe Filed: 3/4/2020
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| 1 | | AMENDMENT TO SENATE BILL 3152
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3152 by replacing | 3 | | everything after the enacting clause with the following:
| 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).
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| 1 | | (3) Duration of less than one year that cannot be
| 2 | | renewed.
| 3 | | (4) Specialized space available at only one location.
| 4 | | (5) Renewal or extension of a lease;
provided that: (i) | 5 | | the chief procurement officer determines in writing that | 6 | | the
renewal or extension is in the best interest of the | 7 | | State; (ii) the chief
procurement officer submits his or | 8 | | her written determination and the renewal or
extension to | 9 | | the Board; (iii) the Board does not object in writing to | 10 | | the
renewal or extension within 30 calendar days after its | 11 | | submission; and (iv) the chief
procurement officer | 12 | | publishes the renewal or extension in the appropriate
| 13 | | volume of the Procurement Bulletin.
| 14 | | (c) Leases with governmental units. Leases with other
| 15 | | governmental units may be
negotiated without using the request | 16 | | for information process when
deemed by the chief procurement | 17 | | officer to be
in the best interest of the State.
| 18 | | (Source: P.A. 98-1076, eff. 1-1-15 .)
| 19 | | (30 ILCS 500/40-20)
| 20 | | Sec. 40-20. Request for information.
| 21 | | (a) Conditions for use. Leases shall be procured by request
| 22 | | for information except as
otherwise provided in Section 40-15.
| 23 | | (b) Form. A request for information shall be issued and
| 24 | | shall include:
| 25 | | (1) the type of property to be leased;
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| 1 | | (2) the proposed uses of the property;
| 2 | | (3) the duration of the lease;
| 3 | | (4) the preferred location of the property; and
| 4 | | (5) a general description of the configuration | 5 | | desired.
| 6 | | (c) Public notice. Public notice of the request for
| 7 | | information for the availability of real
property to lease | 8 | | shall be published in the appropriate volume of the Illinois
| 9 | | Procurement Bulletin at least 14 calendar days before
the date | 10 | | set forth in the request for receipt of responses and
shall | 11 | | also be published in similar
manner in a newspaper of general | 12 | | circulation in the community or
communities where the using
| 13 | | agency is seeking space.
| 14 | | (d) Response. The request for information response shall
| 15 | | consist of written information
sufficient to show that the | 16 | | respondent can meet minimum criteria
set forth in the request. | 17 | | State
purchasing officers may enter into discussions with | 18 | | respondents
for the purpose of clarifying
State needs and the | 19 | | information supplied by the respondents. On
the basis of the | 20 | | information
supplied and discussions, if any, a State | 21 | | purchasing officer shall
make a written determination
| 22 | | identifying the responses that meet the minimum criteria set | 23 | | forth
in the request for information.
Negotiations shall be | 24 | | entered into with all qualified respondents
for the purpose of | 25 | | securing a
lease that is in the best interest of the State. A | 26 | | written report
of the negotiations shall be
retained in the |
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| 1 | | lease files and shall include the reasons for the
final | 2 | | selection. All leases shall
be reduced to writing; one copy | 3 | | shall be filed with the Comptroller in accordance with the | 4 | | provisions
of Section 20-80, and one copy shall be filed with | 5 | | the Board.
| 6 | | When the lowest response by price is not selected, the | 7 | | State purchasing
officer shall forward to the chief procurement | 8 | | officer, along with the lease,
notice of the identity of the | 9 | | lowest respondent by price and written reasons
for the | 10 | | selection of a different response. The chief procurement | 11 | | officer shall
publish the written reasons in the next volume of | 12 | | the Illinois Procurement
Bulletin. | 13 | | (e) Board review. Upon receipt of (1) any proposed lease of | 14 | | real property of 10,000 or more square feet or (2) any proposed | 15 | | lease of real property with annual rent payments of $200,000 | 16 | | $100,000 or more, the Procurement Policy Board shall have 14 30 | 17 | | calendar days to review the proposed lease. If the Board does | 18 | | not object in writing within 14 30 calendar days, then the | 19 | | proposed lease shall become effective according to its terms as | 20 | | submitted. The leasing agency shall make any and all materials | 21 | | available to the Board to assist in the review process.
| 22 | | (Source: P.A. 98-1076, eff. 1-1-15 .)
| 23 | | (30 ILCS 500/40-25)
| 24 | | Sec. 40-25. Length of leases.
| 25 | | (a) Maximum term. Except as otherwise provided under |
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| 1 | | subsection (a-5), leases shall be for a term not to exceed
10 | 2 | | years exclusive, beginning July 1, 2020, of proposed contract | 3 | | renewal options in favor of the State that shall not exceed an | 4 | | additional 10 years inclusive, beginning January, 1, 2010, of | 5 | | proposed contract renewals and shall include
a termination | 6 | | option in favor of the State after 5 years. The length of | 7 | | energy conservation program contracts or energy savings | 8 | | contracts or leases shall be in accordance with the provisions | 9 | | of Section 25-45.
| 10 | | (a-5) Extended term. A lease for real property owned by a | 11 | | public institution of higher education the University of | 12 | | Illinois to be used by a public institution of higher education | 13 | | for healthcare uses, academic facilities, dormitories, or | 14 | | other support uses the University of Illinois at Chicago for an | 15 | | ambulatory surgical center, which would include both clinical | 16 | | services and retail space, may exceed 10 years in length where: | 17 | | (i) the lease requires the lessor to make capital improvements | 18 | | in excess of $100,000; and (ii) the Board of Trustees of the | 19 | | public institution of higher education University of Illinois | 20 | | determines a term of more than 10 years is necessary and is in | 21 | | the best interest of the public institution of higher education | 22 | | University . A lease under this subsection (a-5) may not exceed | 23 | | 30 years in length. | 24 | | For the purposes of this subsection (a-5), "public | 25 | | institution of higher education" means the University of
| 26 | | Illinois, Southern Illinois University,
Chicago State |
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| 1 | | University, Eastern Illinois University, Governors State
| 2 | | University, Illinois State University, Northeastern Illinois | 3 | | University,
Northern Illinois University, Western Illinois | 4 | | University, and any
other public universities
now or hereafter
| 5 | | established or authorized by the General Assembly. | 6 | | (b) Renewal. Leases may include a renewal option. An
option | 7 | | to renew may be
exercised only when a State purchasing officer | 8 | | determines in
writing that renewal is in the best
interest of | 9 | | the State and notice of the exercise of the option is published | 10 | | in
the appropriate volume of the Procurement Bulletin at least | 11 | | 30 calendar days prior to
the exercise of the option.
| 12 | | (c) Subject to appropriation. All leases shall recite that
| 13 | | they are subject to termination
and cancellation in any year | 14 | | for which the General Assembly fails
to make an appropriation | 15 | | to
make payments under the terms of the lease.
| 16 | | (d) Holdover. Beginning January 1, 2010, no lease may | 17 | | continue on a month-to-month or other holdover basis for a | 18 | | total of more than 6 months. Beginning July 1, 2010, the | 19 | | Comptroller shall withhold payment of leases beyond this | 20 | | holdover period. | 21 | | (Source: P.A. 100-23, eff. 7-6-17; 100-1047, eff. 1-1-19; | 22 | | 101-426, eff. 1-1-20 .)".
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