Full Text of HB3456 103rd General Assembly
HB3456eng 103RD GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning finance.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Procurement Code is amended by | 5 | | adding Section 1-41 as follows: | 6 | | (30 ILCS 500/1-41 new) | 7 | | Sec. 1-41. Application to the Department of Natural | 8 | | Resources World Shooting and Recreational Complex. In | 9 | | accordance with Section 7.9 of the State Property Control Act, | 10 | | this Code does not apply to any procurements related to the | 11 | | sale of the World Shooting and Recreational Complex, provided | 12 | | that the process shall be conducted in a manner substantially | 13 | | in accordance with the requirements of the following Sections | 14 | | of this Code: 20-160, 50-5, 50-10, 50-10.5, 50-12, 50-13, | 15 | | 50-15, 50-20, 50-21, 50-35, 50-36, 50-37, 50-38, and 50-50. | 16 | | The exemption contained in this Section does not apply to any | 17 | | leases involving the World Recreational Shooting Complex. | 18 | | Section 10. The State Property Control Act is amended by | 19 | | adding Section 7.9 as follows: | 20 | | (30 ILCS 605/7.9 new) | 21 | | Sec. 7.9. Department of Natural Resources World Shooting |
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| 1 | | and Recreational Complex. | 2 | | (a) Notwithstanding any other provision of this Act or any | 3 | | other law to the contrary, the Director of Natural Resources | 4 | | may dispose of the World Shooting and Recreational Complex | 5 | | located in Sparta, Illinois. The Director may sell the complex | 6 | | as provided in subsection (b). | 7 | | (b) If the Director opts to sell the World Shooting and | 8 | | Recreational Complex as authorized in subsection (a), the | 9 | | Director shall dispose of the property using a competitive | 10 | | sealed proposal process that includes, at a minimum, the | 11 | | following: | 12 | | (1) Engagement prior to request for proposals or | 13 | | invitation for bids. The Director or the Director's | 14 | | designee may, prior to soliciting requests for proposals | 15 | | or invitations for bids, enter into discussions with | 16 | | interested purchasers in order to assess existing market | 17 | | conditions and demands, provided that no such interested | 18 | | purchasers shall have any role in drafting any request for | 19 | | proposals or invitation for bids, nor shall any request | 20 | | for proposal or invitation for bid be provided to any | 21 | | interested purchaser prior to its general public | 22 | | distribution. The Director may issue a request for | 23 | | qualifications that requests interested purchasers to | 24 | | provide such information as the Director deems necessary | 25 | | in order to evaluate the qualifications of such interested | 26 | | purchasers. This may include, but is not limited to, the |
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| 1 | | ability of interested purchasers to acquire the property, | 2 | | as determined by the Director. | 3 | | (2) Invitation for bids. The Director may solicit | 4 | | information from interested purchasers through an | 5 | | invitation for bid to provide such information as the | 6 | | Director deems necessary in order to determine the | 7 | | qualifications of such interested purchasers. | 8 | | (3) Request for proposals. Proposals to acquire the | 9 | | property shall be solicited through a request for | 10 | | proposals. The request for proposals shall include such | 11 | | requirements and factors as the Director shall determine | 12 | | are necessary or advisable with respect to the disposition | 13 | | of the World Shooting and Recreational Complex. | 14 | | (4) Public notice. Public notice of any invitation for | 15 | | bids and request for proposals shall be published in the | 16 | | Illinois Procurement Bulletin at least 14 calendar days | 17 | | before the date by which such requests are due. The | 18 | | Director may advertise the invitation and request in any | 19 | | other manner or publication that the Director reasonably | 20 | | determines may increase the scope and nature of responses | 21 | | to the invitation and request. In the event the Director | 22 | | shall have already identified interested purchasers as set | 23 | | forth in this Section, the invitation for bid and notice | 24 | | of the request for proposals may be delivered directly to | 25 | | such interested purchasers in addition to the public | 26 | | notice. |
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| 1 | | (5) Opening of proposals or bids. Invitations and | 2 | | proposals shall be opened publicly on the date, time, and | 3 | | location designated in the Illinois Procurement Bulletin, | 4 | | but the invitation and proposal shall be opened in a | 5 | | manner to avoid disclosure of contents to competing | 6 | | purchasers during the process of negotiation. A record of | 7 | | proposals shall be prepared and shall be open for public | 8 | | inspection after contract award but prior to contract | 9 | | execution. | 10 | | (6) Evaluation factors. Proposals shall be submitted | 11 | | in 2 parts: | 12 | | (A) price; and | 13 | | (B) terms and conditions of purchase. | 14 | | The first part of all proposals shall be evaluated and | 15 | | ranked independently of the second part of all proposals. | 16 | | (7) Discussion with interested purchasers and | 17 | | revisions of offers or proposals. After the opening of the | 18 | | proposals, and under such guidelines as the Director may | 19 | | elect to establish in the request for proposals, the | 20 | | Director or the Director's designees may engage in | 21 | | discussions with interested purchasers who submitted | 22 | | offers or proposals that the Director determines are | 23 | | reasonably susceptible of being selected for award for the | 24 | | purpose of clarifying and assuring full understanding of | 25 | | and responsiveness to the solicitation requirements. Those | 26 | | purchasers shall be accorded fair and equal treatment with |
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| 1 | | respect to any opportunity for discussion and revision of | 2 | | proposals. Revisions may be permitted after submission and | 3 | | before award for the purpose of obtaining best and final | 4 | | offers. In conducting discussions, there shall be no | 5 | | disclosure of any information derived from proposals | 6 | | submitted by competing purchasers. If information is | 7 | | disclosed to any purchaser, it shall be provided to all | 8 | | competing purchasers. | 9 | | (8) Award. Awards shall be made to the interested | 10 | | purchaser whose proposal is determined in writing to be | 11 | | the most advantageous to the State, taking into | 12 | | consideration price and the evaluation factors set forth | 13 | | in the request for proposals. The contract file shall | 14 | | contain the basis on which the award is made. | 15 | | (c) The Director may order such surveys, abstracts of | 16 | | title, or commitments for title insurance, environmental | 17 | | reports, property condition reports, appraisals, or any other | 18 | | services or materials as the Director may deem necessary. All | 19 | | conveyances of property made by the Director under this | 20 | | Section shall be by quit claim deed and subject to existing | 21 | | public utilities, existing public roads, and any and all | 22 | | reservations, easements, encumbrances, covenants, and | 23 | | restrictions of record. | 24 | | (d) Moneys received from the sale of real property under | 25 | | this Section and deemed necessary to repay tax-exempt bond | 26 | | proceeds issued for the purpose of acquisition, development, |
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| 1 | | or improvement of the property shall be deposited into the | 2 | | Capital Development Fund. Any remaining funds may be deposited | 3 | | into other special funds used in the acquisition and | 4 | | development of the property by the State, provided that any | 5 | | obligations of the State to the purchaser acquiring the | 6 | | property, a contractor involved in the sale of the property, | 7 | | or a unit of local government may be remitted from the proceeds | 8 | | during the closing process and need not be deposited in the | 9 | | State treasury prior to closing. | 10 | | (e) The Director may enter into any agreements and execute | 11 | | any documents necessary to exercise the authority granted by | 12 | | this Section.
| 13 | | Section 99. Effective date. This Act takes effect upon | 14 | | becoming law.
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