Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 5000 - ACQUISITION, MANAGEMENT AND DISPOSAL OF REAL PROPERTY › Subpart B - LEASED SPACE ACQUISITION POLICY › Section 5000.230 - General Acquisition Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
a) DCMS will review State-owned space and
				space leased by other agencies which may be suitable to fill the agency space
				request. Such space, because it involves no outside expenditure or because use
				would avoid unnecessary lease costs, will be used in preference to newly
				acquired leased space. Exceptions will only be granted upon strong
				justification submitted by the head of the agency requesting space.
b) If no suitable State-owned or controlled
				space is available, DCMS will so advise the requesting agency.
c) To help ensure that DCMS personnel have
				awareness of comparable facilities, DCMS will periodically solicit information
				from property owners and managers regarding space that might be available for
				State use.
d) Acquisition of space
				by lease will be on the basis most favorable to the State, with due
				consideration to maintenance and operational efficiency. In those instances
				where alterations to a property are needed, DCMS will review and approve the
				scope of work and method of payment prior to the commencement of work. Agencies
				are not to perform alterations to leased properties or enter into contracts for
				alterations without DCMS approval. DCMS will not, however, approve any lease or
				renovations therein without the agency desiring the space making a positive
				recommendation. Factors that could influence the decision to approve
				alterations include but are not limited to: length of term, cost relative to
				base cost, cost of base plus alterations compared to other site costs, degree
				of permanency of alterations, and demonstrated program need for
				alterations.
e) DCMS shall
				determine the appropriate term for a given lease (not to exceed 10 years unless
				paid solely by federal funds) and negotiate accordingly. The particular terms
				and conditions of a given lease will in general conform to DCMS standard lease
				form provisions. Changes, additions or deletions to these terms shall be at
				DCMS' discretion. Agency input will be solicited prior to
				negotiation.
f) DCMS will attempt
				to negotiate a favorable renewal option, State-option cancellation clause, and
				purchase option provision when appropriate.
g) All leases shall be accompanied by a full
				written disclosure of the identity of every owner and beneficiary having any
				interest in the premises being leased.
1)
				Such disclosure shall be subscribed and sworn or otherwise affirmed on oath by
				an owner, authorized trustee, corporate official, or managing agent.
2) Such disclosure shall set forth all
				ownership interests. By way of example, the disclosure should identify the
				names of the beneficiaries of a land trust in addition to the trustee, the
				names of all partners whether general or limited in nature, and the names of
				all shareholders in a corporation who are entitled to receive more than 71/2%
				of the total distributable income of the corporation. If stock in a corporation
				is publicly traded and no readily known individual owns more than a 71/2%
				interest, then the requirements of this rule may be met by an officer or
				managing agent of the corporation making an affirmative statement to this
				effect under oath.
3) Such
				disclosure shall set forth the identity of any State officer, employee or
				elected official, or the wife, husband, or minor child of such person having an
				ownership or beneficial interest under the lease. In the event such person is
				so set forth, the disclosure shall include a specific designation of the
				percentage of the total distributable income such person, together with that of
				the wife, husband, or minor child of such person, is entitled to receive from
				any firm, partnership, association, or corporation which is the
				lessor.
4) It shall be the
				responsibility of the lessor to notify DCMS of any changes in ownership or
				beneficial interest and to submit updated disclosure statements reflecting such
				changes within 30 days after such change.