Section 4.4020  RFI-RPL Process

a)         RFI-Real Property Leases (RFI-RPL) Form

When required, an RFI-RPL shall be issued and shall include the following:

1)         the type of property to be leased;

2)         the proposed uses of the property;

3)         the duration of the lease;

4)         the preferred location of the property;

5)         a general description of the configuration desired; [30 ILCS 500/40-20(b)]

6)         special and standard lease terms and conditions, qualifications and responsibility requirements, disclosures and certifications;

7)         the address to which responses are to be sent;

8)         the criteria for evaluating responses based on the minimum standards and conditions for occupancy;

9)         response forms and instructions for completing forms;

10)         a copy of spatial and performance guidelines required to meet the needs of the university to occupy the real property being procured; and

11)         the date and time of responses.

b)         The university shall prepare the RFI-RPL for submission to the SPO for approval.

c)         Public Notice

Public notice of the RFI-RPL shall be published in the Bulletin at least 14 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 university is seeking space. [30 ILCS 500/40-20(c)] All required documents of the RFI-RPL will be available in electronic format on the Bulletin.  Notice shall begin when first published electronically.  RFI-RPL document packages may also be mailed to owners of property that may meet the university's needs after the RFI-RPL has been published in the Bulletin.

d)         Response

The RFI-RPL response shall consist of written information sufficient to show that the respondent can meet minimum criteria set forth in the RFI-RPL. [30 ILCS 500/40-20(d)]  All responses to the RFI-RPL will be publicly opened on the announced date.  Names of all parties submitting proposals will be made available to the public immediately following the opening of the proposals.

e)         Negotiation and Determination

1)         The SPO may enter into discussions with respondents to the RFI-RPL for the purpose of clarifying university needs and the information supplied by the respondents.  On the basis of the information supplied and discussions, if any, the SPO shall make a written determination identifying the responses that meet the minimum criteria set forth in the RFI-RPL. 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. [30 ILCS 500/40-20(d)] Site visits may be made as part of the discussion and/or negotiation process.  The university shall document negotiation efforts with each qualified respondent.

2)         The CPO-HE or SPO reserves the right to reject any proposals and to request and evaluate "best and final" proposals.  Best and final offers shall be sought after a written determination is made by the SPO that it is in the best interest of the State to request best and final proposals.  A best and final proposal shall not be requested from any vendor deemed non-responsive or who does not meet the minimum criteria set forth in the RFI-RPL.

f)         Contract Award, Reporting and Filing

1)         The SPO shall review all relevant information and shall recommend to the CPO-HE which proposal shall be accepted based on the evaluation of all responsive proposals.  The CPO-HE shall make the final award, which will be published in the Bulletin.  Notification of award will be sent to all respondents.

2)         When the lowest response by price is selected, a written report of the negotiation shall be retained in the lease files and shall include the reasons for the final selection.

3)         When the lowest response by price is not recommended, the SPO shall forward to the CPO-HE, along with the lease, notice of the identity of the lowest respondent by price and written reasons for the recommendation of a different response.  The CPO-HE shall publish the written reasons for the selection in the next volume of the Bulletin. [30 ILCS 500/40-20(d)]  The written reasons for the selection of the vendor shall be retained in the lease files.

g)        PPB Review

The PPB shall review any proposed lease of real property of more than 10,000 square feet or any proposed lease of real property with annual rent payments of $100,000 or more.  The PPB shall have 30 days to review the proposed lease.  No contract may be entered into until the 30-day period has expired, unless the university requests in writing that the PPB waive the period and the PPB grants the waiver in writing.  If the PPB does not object within 30 days, the proposed lease shall become effective. [30 ILCS 500/40-20(e)]

h)        University Cooperation

A university shall provide any materials or provide any assistance the PPB determines is required for its review.  The PPB may request in writing from the university, and the university shall promptly, but in no event later than 5 business days after receipt of the request, provide to the PPB documentation of information in the possession of the university.  This does not preclude the university seeking any other available relief including termination for breach.

(Source:  Amended at 40 Ill. Reg. 456, effective January 15, 2016)