Bill Amendment: IL SB3152 | 2019-2020 | 101st General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: PROCUREMENT-SOURCES & LEASES

Status: 2021-01-13 - Session Sine Die [SB3152 Detail]

Download: Illinois-2019-SB3152-Senate_Amendment_001.html

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Sen. Rachelle Crowe

Filed: 3/4/2020

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AMENDMENT TO SENATE BILL 3152
AMENDMENT NO. ______. Amend Senate Bill 3152 by replacing
everything after the enacting clause with the following:
"Section 5. The Illinois Procurement Code is amended by
changing Sections 40-15, 40-20, and 40-25 as follows:
(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 $200,000 $100,000 per year.
(2) (Blank).

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(3) Duration of less than one year that cannot be
renewed.
(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.
(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.)
(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;

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(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
desired.
(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

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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 shall be filed with
the Board.
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 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 $200,000
$100,000 or more, the Procurement Policy Board shall have 14 30
calendar days to review the proposed lease. If the Board does
not object in writing within 14 30 calendar days, 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 to assist in the review process.
(Source: P.A. 98-1076, eff. 1-1-15.)
(30 ILCS 500/40-25)
Sec. 40-25. Length of leases.
(a) Maximum term. Except as otherwise provided under

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subsection (a-5), leases shall be for a term not to exceed 10
years exclusive, beginning July 1, 2020, of proposed contract
renewal options in favor of the State that shall not exceed an
additional 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 the University of
Illinois to be used by a public institution of higher education
for healthcare uses, academic facilities, dormitories, or
other support uses the University of Illinois at Chicago for an
ambulatory surgical center, which would include both clinical
services and retail space, may exceed 10 years in length where:
(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 University of Illinois
determines a term of more than 10 years is necessary and is in
the best interest of the public institution of higher education
University. A lease under this subsection (a-5) may not exceed
30 years in length.
For the purposes of this subsection (a-5), "public
institution of higher education" means the University of
Illinois, Southern Illinois University, Chicago State

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University, Eastern Illinois University, Governors State
University, Illinois State University, Northeastern Illinois
University, Northern Illinois University, Western Illinois
University, and any other public universities now or hereafter
established or authorized by the General Assembly.
(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.
(Source: P.A. 100-23, eff. 7-6-17; 100-1047, eff. 1-1-19;
101-426, eff. 1-1-20.)".