(20 ILCS 3407/45-25)
    (Text of Section before amendment by P.A. 103-865)
    Sec. 45-25. Request for proposals process to enter into public-private agreement.
    (a) Notwithstanding any provision of law to the contrary, the Department on behalf of the State shall select a contractor through a competitive request for proposals process governed by the Illinois Procurement Code and rules adopted under that Code and this Act.
    (b) The competitive request for proposals process shall, at a minimum, solicit statements of qualification and proposals from offerors.
    (c) The competitive request for proposals process shall, at a minimum, take into account the following criteria:
        (1) the offeror's plans for the Hotel Florence
    
project;
        (2) the offeror's current and past business practices;
        (3) the offeror's poor or inadequate past performance
    
in developing, financing, constructing, managing, or operating historic landmark properties or other public assets;
        (4) the offeror's ability to meet and past
    
performance in meeting or exhausting good faith efforts to meet the utilization goals for business enterprises established in the Business Enterprise for Minorities, Women, and Persons with Disabilities Act;
        (5) the offeror's ability to comply with and past
    
performance in complying with Section 2-105 of the Illinois Human Rights Act; and
        (6) the offeror's plans to comply with the Business
    
Enterprise for Minorities, Women, and Persons with Disabilities Act and Section 2-105 of the Illinois Human Rights Act.
    (d) The Department shall not include terms in the request for proposals that provide an advantage, whether directly or indirectly, to any contractor presently providing goods, services, or equipment to the Department.
    (e) The Department shall select one or more offerors as finalists.
    (f) After the procedures required in this Section have been completed, the Department shall make a determination as to whether the offeror should be designated as the contractor for the Hotel Florence project and shall submit the decision to the Governor and to the Governor's Office of Management and Budget. After review of the Department's determination, the Governor may accept or reject the determination. If the Governor accepts the determination of the Department, the Governor shall designate the offeror for the Hotel Florence project.
(Source: P.A. 103-570, eff. 1-1-24.)
 
    (Text of Section after amendment by P.A. 103-865)
    Sec. 45-25. Request for solicitation process to enter into public-private agreement.
    (a) Notwithstanding any provision of law to the contrary, the Department on behalf of the State shall select a contractor through a competitive solicitation process governed by this Act. The Department may enter into agreements with governmental entities and other outside entities to assist the Department in drafting, reviewing, and scoring the proposals.
    (b) The competitive solicitation process shall, at a minimum, solicit statements of qualification and proposals from offerors.
    (c) The competitive request for solicitation process shall, at a minimum, take into account the following criteria:
        (1) the offeror's plans for the Hotel Florence
    
project, including, but not limited to, building use, experience, environmental concerns, and a proposed preservation and rehabilitation plan compliant with the Illinois State Agency Historic Preservation Act;
        (2) the offeror's current and past business practices;
        (3) the offeror's poor or inadequate past performance
    
in developing, financing, constructing, managing, or operating historic landmark properties or other public assets;
        (4) the offeror's ability to meet and past
    
performance in meeting or exhausting good faith efforts to meet the utilization goals for business enterprises established in the Business Enterprise for Minorities, Women, and Persons with Disabilities Act;
        (5) the offeror's ability to comply with and past
    
performance in complying with Section 2-105 of the Illinois Human Rights Act;
        (6) the offeror's plans to comply with the Business
    
Enterprise for Minorities, Women, and Persons with Disabilities Act and Section 2-105 of the Illinois Human Rights Act; and
        (7) the offeror's plans for the Pullman Factory.
    (d) The Department shall not include terms in the request for solicitations that provide an advantage, whether directly or indirectly, to any contractor presently providing goods, services, or equipment to the Department.
    (e) The Department shall select one or more offerors as finalists.
    (f) After the procedures required in this Section have been completed, the Department shall make a determination as to whether the offeror should be designated as the contractor for the Hotel Florence project and shall submit the decision to the Governor and to the Governor's Office of Management and Budget. After review of the Department's determination, the Governor may accept or reject the determination. If the Governor accepts the determination of the Department, the Governor shall designate the offeror for the Hotel Florence project.
(Source: P.A. 103-570, eff. 1-1-24; 103-865, eff. 1-1-25.)