Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 2000 - SECRETARY OF STATE STANDARD PROCUREMENT › Subpart N - REAL PROPERTY LEASES AND CAPITAL IMPROVEMENT LEASES › Section 2000.4010 - General Acquisition Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
a) SOS will review State-owned space leased
				by other agencies that may be suitable to fill the department 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 Director of the department requesting space.
b) Acquisition of space by lease will be on
				the basis most favorable to the State, with due consideration to maintenance
				and operation efficiency. In those instances where alterations to a property
				are needed, CPO will review and approve the scope of work and method of payment
				prior to the commencement of work. Departments are not to perform alterations
				to leased properties or enter into contracts for alterations without CPO
				approval. Factors that could influence the decision to approve alteration
				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.
c) The CPO will
				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 the SOS standard
				lease form provisions. Changes, additions or deletions to these terms shall be
				at CPO's discretion.
d) The CPO
				will attempt to negotiate a favorable renewal option, State-option cancellation
				clause, and purchase option provision when appropriate.
e) 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 names of all
				shareholders in a corporation who are entitled to receive more than 7 1/2% 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 7 1/2%
				interest, then the requirements of this Part 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 identify 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 that is the
				lessor.
4) It shall be the
				responsibility of the lessor to notify the CPO of any change in ownership of
				beneficial interest and to submit updated disclosure statements reflecting such
				changes within 30 days after such change.