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Illinois Compiled Statutes
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FINANCE (30 ILCS 500/) Illinois Procurement Code. 30 ILCS 500/Art. 40
(30 ILCS 500/Art. 40 heading)
ARTICLE 40
REAL PROPERTY AND CAPITAL IMPROVEMENT LEASES
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30 ILCS 500/40-5
(30 ILCS 500/40-5)
Sec. 40-5. Applicability. All leases for real property
or capital improvements,
including office and storage space, buildings, and other
facilities for State agencies where the State is the lessee, shall be
procured in accordance with the provisions of this Article. All State agencies, with the exception of public institutions of higher education, shall, in consultation with the Department of Central Management Services, evaluate the State's existing lease portfolio prior to engaging in a procurement for real property or capital improvements.
(Source: P.A. 98-1076, eff. 1-1-15 .)
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30 ILCS 500/40-10
(30 ILCS 500/40-10)
Sec. 40-10.
Authority.
State purchasing officers shall
have the authority to procure
leases for real property or capital improvements.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
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30 ILCS 500/40-15
(30 ILCS 500/40-15)
Sec. 40-15. Method of source selection.
(a) Request for information. Except as provided in
subsections (b) and (c), all State
contracts for leases of real property or capital improvements
shall be awarded by a request for
information process in accordance with Section 40-20.
(b) Other methods. A request for information process need
not be used in procuring any
of the following leases:
(1) Property of less than 10,000 square feet with | | rent of less than $100,000 per year.
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(2) (Blank).
(3) Duration of less than one year that cannot be
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(4) Specialized space available at only one location.
(5) Renewal or extension of a lease; provided that:
| | (i) the chief procurement officer determines in writing that the renewal or extension is in the best interest of the State; (ii) the chief procurement officer submits his or her written determination and the renewal or extension to the Board; (iii) the Board does not object in writing to the renewal or extension within 30 calendar days after its submission; and (iv) the chief procurement officer publishes the renewal or extension in the appropriate volume of the Procurement Bulletin.
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(c) Leases with governmental units. Leases with other
governmental units may be
negotiated without using the request for information process when
deemed by the chief procurement officer to be
in the best interest of the State.
(Source: P.A. 98-1076, eff. 1-1-15 .)
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30 ILCS 500/40-20
(30 ILCS 500/40-20)
Sec. 40-20. Request for information.
(a) Conditions for use. Leases shall be procured by request
for information except as
otherwise provided in Section 40-15.
(b) Form. A request for information shall be issued and
shall include:
(1) the type of property to be leased;
(2) the proposed uses of the property;
(3) the duration of the lease;
(4) the preferred location of the property; and
(5) a general description of the configuration | |
(c) Public notice. Public notice of the request for
information for the availability of real
property to lease shall be published in the appropriate volume of the Illinois
Procurement Bulletin at least 14 calendar days before
the date set forth in the request for receipt of responses and
shall also be published in similar
manner in a newspaper of general circulation in the community or
communities where the using
agency is seeking space.
(d) Response. The request for information response shall
consist of written information
sufficient to show that the respondent can meet minimum criteria
set forth in the request. State
purchasing officers may enter into discussions with respondents
for the purpose of clarifying
State needs and the information supplied by the respondents. On
the basis of the information
supplied and discussions, if any, a State purchasing officer shall
make a written determination
identifying the responses that meet the minimum criteria set forth
in the request for information.
Negotiations shall be entered into with all qualified respondents
for the purpose of securing a
lease that is in the best interest of the State. A written report
of the negotiations shall be
retained in the lease files and shall include the reasons for the
final selection. All leases shall
be reduced to writing; one copy shall be filed with the Comptroller in accordance with the provisions
of Section 20-80, and one copy each shall be filed with the Board and the Commission on Equity and Inclusion.
When the lowest response by price is not selected, the State purchasing
officer shall forward to the chief procurement officer, along with the lease,
notice of the identity of the lowest respondent by price and written reasons
for the selection of a different response. The chief procurement officer shall
publish the written reasons in the next volume of the Illinois Procurement
Bulletin.
(e) Board and Commission on Equity and Inclusion review. 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 $100,000 or more, the Procurement Policy Board and the Commission on Equity and Inclusion shall jointly have 30 calendar days to review the proposed lease. The Board and Commission have 30 calendar days to submit a joint objection. If no joint objection is submitted, then the proposed lease shall become effective according to its terms as submitted. The leasing agency shall make any and all materials available to the Board and the Commission on Equity and Inclusion to assist in the review process.
(Source: P.A. 101-657, eff. 1-1-22; 102-29, eff. 6-25-21 .)
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30 ILCS 500/40-25
(30 ILCS 500/40-25)
Sec. 40-25. Length of leases.
(a) Maximum term. Except as otherwise provided under subsection (a-5), leases shall be for a term not to exceed
10 years inclusive, beginning January, 1, 2010, of proposed contract renewals and shall include
a termination option in favor of the State after 5 years. The length of energy conservation program contracts or energy savings contracts or leases shall be in accordance with the provisions of Section 25-45.
(a-5) Extended term. A lease for real property owned by a public institution of higher education to be used for healthcare uses, academic facilities, dormitory facilities, or other support uses may exceed 10 years in length when: (i) the lease requires the lessor to make capital improvements in excess of $100,000; and (ii) the Board of Trustees of the public institution of higher education determines a term of more than 10 years is necessary and is in the best interest of the institution. A lease under this subsection (a-5) may not exceed 30 years in length. (b) Renewal. Leases may include a renewal option. An
option to renew may be
exercised only when a State purchasing officer determines in
writing that renewal is in the best
interest of the State and notice of the exercise of the option is published in
the appropriate volume of the Procurement Bulletin at least 30 calendar days prior to
the exercise of the option.
(c) Subject to appropriation. All leases shall recite that
they are subject to termination
and cancellation in any year for which the General Assembly fails
to make an appropriation to
make payments under the terms of the lease.
(d) Holdover. Beginning January 1, 2010, no lease may continue on a month-to-month or other holdover basis for a total of more than 6 months. Beginning July 1, 2010, the Comptroller shall withhold payment of leases beyond this holdover period. (e) On December 31, 2023, and every year thereafter, any institution of higher education that enters into a lease under this Section shall file with both houses of the General Assembly a report outlining each lease entered into under this Section that is current as of the date of the report. (Source: P.A. 101-426, eff. 1-1-20; 102-721, eff. 1-1-23 .)
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30 ILCS 500/40-30
(30 ILCS 500/40-30)
Sec. 40-30. Purchase option. Leases of all space
in entire, free-standing
buildings shall include an option to purchase exercisable by the
State, unless the purchasing officer determines that inclusion of such purchase
option is not in the State's best interest and makes that determination in
writing along with the reasons for making that determination and publishes the
written determination in the appropriate volume of the Illinois Procurement Bulletin.
Leases from governmental units and not-for-profit entities are exempt from
the requirements of this Section.
(Source: P.A. 100-43, eff. 8-9-17; 100-201, eff. 8-18-17.)
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30 ILCS 500/40-33 (30 ILCS 500/40-33) Sec. 40-33. Leased property square footage reduction. When operational needs indicate that reduction in the square footage of a leased property is necessary and in the best interests of the State, a contract for the lease of real property may be amended to reduce the square footage of the leased property, regardless of the method of procurement or source selection.
(Source: P.A. 102-18, eff. 6-25-21.) |
30 ILCS 500/40-35
(30 ILCS 500/40-35)
Sec. 40-35.
Rent without occupancy.
Except when deemed
by the Board to be in the
best interest of the State, no State agency may incur rental
obligations before occupying the
space rented.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
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30 ILCS 500/40-40
(30 ILCS 500/40-40)
Sec. 40-40.
Local site preferences.
Upon the request of
the chief executive officer
of a unit of local government, leasing preferences may be given to
sites located in enterprise
zones, tax increment districts, or redevelopment districts.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
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30 ILCS 500/40-45
(30 ILCS 500/40-45)
Sec. 40-45.
Leases exempt from Article.
A lease entered into by the State
under Section 7.4 of the State Property Control Act is not subject to the
provisions of this Article.
(Source: P.A. 93-19, eff. 6-20-03.)
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30 ILCS 500/40-46
(30 ILCS 500/40-46)
Sec. 40-46.
Leases exempt from Article.
A lease entered into under
Section 7.5 of the State Property Control Act is not subject to the
provisions of this Article.
(Source: P.A. 93-19, eff. 6-20-03.)
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30 ILCS 500/40-55 (30 ILCS 500/40-55) Sec. 40-55. Lessor's failure to make improvements. Each lease must provide for actual or
liquidated damages upon the lessor's failure to make improvements agreed upon in the lease. The actual or liquidated damages shall consist of a reduction in lease payments equal to the corresponding percentage of the improvement value to the lease value. The actual or
liquidated damages shall continue until the lessor complies with the lease and the improvements are certified by the chief procurement officer and the leasing State agency.
(Source: P.A. 98-1076, eff. 1-1-15 .) |
30 ILCS 500/40-150 (30 ILCS 500/40-150)
Sec. 40-150. Proposed contracts; Procurement Policy Board. This Article is subject to Section 5-30 of this Code.
(Source: P.A. 93-839, eff. 7-30-04.) |
30 ILCS 500/Art. 45
(30 ILCS 500/Art. 45 heading)
ARTICLE 45
PREFERENCES
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30 ILCS 500/45-5
(30 ILCS 500/45-5)
Sec. 45-5.
Procurement preferences.
To promote business
and employment
opportunities in Illinois, procurement preferences are established
and shall be applicable to any
procurement made under this Code.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
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30 ILCS 500/45-10
(30 ILCS 500/45-10)
Sec. 45-10. Resident bidders and offerors.
(a) Amount of preference. When a contract is to be awarded
to the lowest responsible
bidder or offeror, a resident bidder or offeror shall be allowed a preference as against
a non-resident bidder or offeror from any
state that gives or requires a preference to bidders or offerors from that
state. The preference shall be equal
to the preference given or required by the state of the
non-resident bidder or offeror. Further, if only non-resident bidders or offerors are
bidding, the purchasing agency is within its right to specify that
Illinois
labor and manufacturing locations be used as a part of the
manufacturing process, if applicable.
This specification may be negotiated as part of the solicitation
process.
(b) Residency. A resident bidder or offeror is a person authorized to
transact business in this State
and having a bona fide establishment for transacting business
within this State where it was
actually transacting business on the date when any bid for a
public contract is first advertised
or announced. A resident bidder or offeror includes a foreign corporation
duly authorized to transact
business in this State that has a bona fide establishment for
transacting business within this State
where it was actually transacting business on the date when any
bid for a public contract is first
advertised or announced.
(c) Federal funds. This Section does not apply to any
contract for any project as to
which federal funds are available for expenditure when its
provisions may be in conflict with
federal law or federal regulation.
(Source: P.A. 98-1076, eff. 1-1-15 .)
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30 ILCS 500/45-15
(30 ILCS 500/45-15)
Sec. 45-15. Soybean oil-based ink and vegetable oil-based ink. (a) As used in this Section: "Digital printing" means a printing method which includes, but is not limited to, the electrostatic process of transferring ink or toner to a substrate. This process may involve the use of photo imaging plates, photoreceptor drums, or belts which hold an electrostatic charge. "Digital printing" is also defined as a process of transferring ink through a print head directly to a substrate, as is done with ink-jet printers. "Offset printing" means lithography, flexography, gravure, or letterpress. "Offset printing" involves the process of transferring ink through static or fixed image plates using an impact method of pressing ink into a substrate. (b) Contracts requiring
the procurement of offset printing
services shall specify the use of soybean oil-based ink or vegetable oil-based ink unless a
State purchasing officer
determines that another type of ink is required to assure high
quality and reasonable pricing of
the printed product. This Section does not apply to digital printing services.
(Source: P.A. 100-43, eff. 8-9-17.)
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30 ILCS 500/45-20
(30 ILCS 500/45-20)
Sec. 45-20. Recycled supplies. When a public contract
is to be awarded to the
lowest responsible bidder or offeror, an otherwise qualified bidder or offeror who will
fulfill the contract through the
use of products made of recycled supplies shall
be given preference over other bidders or offerors unable to do so, provided
that the cost included in the
bid of supplies is equal or less than other bids or offers, unless the use of the product constitutes an undue practical hardship.
This Section applies to bid opportunities posted to the Illinois Procurement Bulletin on or after January 1, 2016. Nothing in this Section shall be construed to apply to a construction agency for the purposes of procuring construction and construction-related services. (Source: P.A. 98-1076, eff. 1-1-15; 99-428, eff. 8-21-15.)
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30 ILCS 500/45-22 (30 ILCS 500/45-22) Sec. 45-22. (Repealed).
(Source: P.A. 100-951, eff. 1-1-19. Repealed internally, eff. 1-1-22.) |
30 ILCS 500/45-23 (30 ILCS 500/45-23) Sec. 45-23. Single-use plastics prohibition; preference. (a) For the purposes of this Section: "Compostable" means that the item meets the ASTM D6400 standard of compostability and has been certified by the Biodegradable Products Institute as compostable. "Compostable foodware" means containers, bowls, straws, plates, trays, cartons, cups, lids, forks, spoons, knives, and other items that are designed for one-time use for beverages, prepared food, or leftovers from meals that are compostable. "Plastic" means a synthetic material made from linking monomers through a chemical reaction to create an organic polymer chain that can be molded or extruded at high heat into various solid forms retaining their defined shapes during their life cycle and after disposal. "Recyclable foodware" means items that are designed for one-time use for beverages, prepared food, or leftovers from meals and that are commonly accepted in local curbside residential recycling pickup. "Single-use plastic disposable foodware" means containers, bowls, straws, plates, trays, cartons, cups, lids, forks, spoons, knives, and other items that are designed for one-time use for beverages, prepared food, or leftovers from meals and that are made of plastic, are not compostable, and are not accepted in residential curbside recycling pickup. (b) When a State agency or institution of higher education is to award a contract to the lowest responsible bidder, an otherwise qualified bidder who will fulfill the contract through the use of compostable foodware or recyclable foodware may be given preference over other bidders unable to do so; provided that the bid is not more than 5% greater than the cost of products that are single-use plastic disposable foodware. The contract awarded the cost preference in this subsection (b) shall also include the option of providing the State agency or institution of higher education with single-use plastic straws. (c) After January 1, 2023, State agencies and departments may not procure single-use plastic disposable foodware for use at any State parks or natural areas, and instead shall offer only compostable foodware or recyclable foodware for use at State parks or natural areas. (d) After January 1, 2024, or at the renewal of its next contract, whichever occurs later, no vendor contracted through a State agency or department may provide customers with single-use plastic disposable foodware at any site located at a State park or a natural area, and instead shall offer only compostable foodware or recyclable foodware for use at State parks or natural areas. (e) This Section does not apply to the procurement of supplies for the Illinois State Fair.
(Source: P.A. 102-1081, eff. 1-1-23; 103-154, eff. 6-30-23.) |
30 ILCS 500/45-24 (30 ILCS 500/45-24) Sec. 45-24. Single-use plastics prohibition; preference. (a) As used in this Section: "Compostable" means that the item meets the ASTM D6400 standard of compostability and has been certified by the Biodegradable Products Institute as compostable. "Compostable foodware" means containers, bowls, straws, plates, trays, cartons, cups, lids, forks, spoons, knives, and other items that are designed for one-time use for beverages, prepared food, or leftovers from meals that are compostable. "Disposable food service container" means serviceware designed for one-time use. "Disposable food service container" includes, but is not limited to, serviceware for take-out foods, bakery products, and leftovers from partially consumed meals. "Disposable food service container" does not include polystyrene foam coolers, egg carton containers, ice chests that are used for the processing or shipping of seafood or service ware that is used to contain, transport, or otherwise package raw, uncooked, or butchered meat, poultry, fish, or seafood. "Polystyrene foam" means blown polystyrene and expanded or extruded foams using a styrene monomer. "Recyclable foodware" means items that are designed for one-time use for beverages, prepared food, or leftovers from meals and that are commonly accepted in local curbside residential recycling pick up. "Serviceware" means a container, bowl, plate, tray, carton, cup, lid, or other item designed to contain, transport, serve, or aid in the consumption of food or beverages. "State agency" has the meaning given to that term in Section 1-15.100 of this Code. (b) After January 1, 2025, State agencies and departments may not procure disposable food service containers that are composed in whole or in part from polystyrene foam for use at any State agency or department and instead shall offer only compostable foodware or recyclable foodware for use at the State agency or department. (c) After January 1, 2026, or at the renewal of its next contract, whichever occurs later, no vendor contracted through a State agency or department may provide customers with disposable food service containers that are composed in whole or in part from polystyrene foam at any site owned or leased by the State, and instead shall offer only compostable foodware or recyclable foodware for use at sites owned or leased by the State.
(Source: P.A. 103-470, eff. 8-4-23.) |
30 ILCS 500/45-25
(30 ILCS 500/45-25)
Sec. 45-25. Recyclable supplies. All supplies purchased for
use by State agencies must
be recyclable paper unless a recyclable substitute cannot be used to meet
the requirements of the State
agencies or would constitute an undue economic or practical hardship.
(Source: P.A. 96-197, eff. 1-1-10.)
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