HB3456 EngrossedLRB103 30602 DTM 57042 b HB3456 Engrossed LRB103 30602 DTM 57042 b
HB3456 Engrossed LRB103 30602 DTM 57042 b
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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