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90_HB0498
30 ILCS 505/25 new
30 ILCS 505/30 new
30 ILCS 505/35 new
30 ILCS 505/40 new
30 ILCS 505/45 new
30 ILCS 505/50 new
30 ILCS 505/55 new
30 ILCS 505/60 new
Amends the Illinois Purchasing Act. Provides that all
leases for real property on capital improvements by a State
agency shall be by a request for information process unless
the lease is for property of less than 10,000 square feet,
rent of less than $100,000 per year, duration of less than
one year and cannot be renewed, or specialized space
available at only one location. Requires public notice of
the request for information at least 30 days before the date
set forth in the request. Requires that leases shall not be
for a term greater than 10 years and shall include a
termination option in favor of the State after 5 years.
Provides the leases may include a renewal option or a
purchase option. Provides that leases are subject to
termination and cancellation when the General Assembly fails
to make an appropriation for payments under the terms of the
lease. Provides that leasing preferences may be given to
sites located in enterprise zones, tax increment districts,
or redevelopment districts.
LRB9002466MWpc
LRB9002466MWpc
1 AN ACT to amend the Illinois Purchasing Act by adding
2 Sections 25, 30, 35, 40, 45, 50, 55, and 60.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Purchasing Act is amended by
6 adding Sections 25, 30, 35, 40, 45, 50, 55, and 60 as
7 follows:
8 (30 ILCS 505/25 new)
9 Sec. 25. Applicability. All leases for real property or
10 capital improvements, including office and storage space,
11 buildings, and other facilities for State agencies, shall be
12 procured in accordance with the provisions of Sections 30
13 through 60.
14 (30 ILCS 505/30 new)
15 Sec. 30. Authority. State purchasing officers shall
16 have the authority to procure leases for real property or
17 capital improvements.
18 (30 ILCS 505/35 new)
19 Sec. 35. Method of source selection.
20 (a) Except as provided in subsections (b) and (c), all
21 State contracts for leases of real property or capital
22 improvements shall be awarded by a request for information
23 process in accordance with Section 40.
24 (b) A request for information process need not be used
25 in procuring any of the following leases:
26 (1) Property of less than 10,000 square feet;
27 (2) Rent of less than $100,000 per year;
28 (3) Duration of less than one year and cannot be
29 renewed; or
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1 (4) Specialized space available at only one
2 location.
3 (c) Leases with other governmental units may be
4 negotiated without using the request for information process
5 when in the best interest of the State.
6 (30 ILCS 505/40 new)
7 Sec. 40. Request for information.
8 (a) Leases shall be procured by request for information
9 except as otherwise provided in Section 35.
10 (b) A request for information shall be issued and shall
11 include:
12 (1) the type of property to be leased;
13 (2) the proposed uses of the property;
14 (3) the duration of the lease;
15 (4) the preferred location of the property; and
16 (5) a general description of the configuration
17 desired.
18 (c) Public notice of the request for information for the
19 availability of real property to lease shall be published in
20 the State newspaper at least 30 days before the date set
21 forth in the request for receipt of responses and shall also
22 be published in similar manner in a newspaper of general
23 circulation in the community or communities where the using
24 agency is seeking space.
25 (d) The request for information response shall consist
26 of written information sufficient to show that the respondent
27 can meet minimum criteria set forth in the request. State
28 purchasing officers may enter into discussions with
29 respondents for the purpose of clarifying State needs and the
30 information supplied by the respondents. On the basis of the
31 information supplied and discussions, if any, a State
32 purchasing officer shall make a written determination
33 identifying the responses that meet the minimum criteria set
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1 forth in the request for information. Negotiations shall be
2 entered into with all qualified respondents for the purpose
3 of securing a lease that is in the best interest of the
4 State. A written report of the negotiations shall be
5 retained in the lease files and shall include the reasons for
6 the final selection. All leases shall be reduced to writing
7 and filed with the Comptroller.
8 (30 ILCS 505/45 new)
9 Sec. 45. Length of leases.
10 (a) Leases shall be for a term not to exceed 10 years
11 and shall include a termination option in favor of the State
12 after 5 years.
13 (b) Leases may include a renewal option. An option to
14 renew may be exercised only when a State purchasing officer
15 determines in writing that renewal is in the best interest of
16 the State.
17 (c) All leases shall recite that they are subject to
18 termination and cancellation in any year for which the
19 General Assembly fails to make an appropriation for payments
20 under the terms of the lease.
21 (30 ILCS 505/50 new)
22 Sec. 50. Purchase option. Initial leases of all space
23 in entire, free-standing buildings shall include an option to
24 purchase exerciseable by the State.
25 (30 ILCS 505/55 new)
26 Sec. 55. Rent without occupancy. Except when in the
27 best interest of the State, no State agency may incur rental
28 obligations before occupying the space rented.
29 (30 ILCS 505/60 new)
30 Sec. 60. Local site preferences. Upon the request of
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1 the chief executive officer of a unit of local government,
2 leasing preferences may be given to sites located in
3 enterprise zones, tax increment districts, or redevelopment
4 districts.