§5000.240. Lease Administration

a)         DCMS will perform all functions of leasing building space and land. Agencies otherwise authorized to acquire space by lease may request DCMS to perform such leasing functions in specific instances.

 

b)         Officials or employees of agencies for which DCMS will acquire leased space shall at no time, before or after a space request is submitted to DCMS or after a lease agreement is made, directly or indirectly contact lessors, offerors, or potential offerors for the purpose of making oral or written representation or commitments or agreements with respect to the terms of occupancy of particular space, tenant improvements, alterations and repairs, unless authorized by DCMS.  Consequently, when it is ascertained by DCMS that an unauthorized contact has been made, lease acquisition action may be deferred until its nature and impact can be determined.  Whenever an unauthorized contact is judged by the responsible DCMS leasing official to be detrimental to the State's interest, further leasing action may be suspended for such time as may be required to eliminate or minimize the detrimental impact.

 

c)         Lessors, offerors, or potential offerors, or their agents, shall be referred to the appropriate DCMS office.

 

d)         Agencies shall not negotiate lease terms, negotiate settlements, withhold rentals, or vacate a leased property without the prior approval of DCMS.  Agencies are encouraged to deal with minor landlord/tenant problems (i.e., minor repairs, building comfort complaint, etc.) at a local level. Any significant difficulties shall immediately be reported to the appropriate DCMS Office for handling.  All problems shall be noted on the local level on the forms provided by DCMS for this purpose and proper records maintained for use in the event a specific problem goes unresolved and further action is required.

 

e)         Each agency is responsible for budgeting sufficient money in appropriate line items to cover all obligations.  Payments are to be made by the occupying agency and will not be considered the responsibility of DCMS.

 

f)         Except when deemed by the State Procurement Board to be in the best interest of the State, no State agency may incur rental obligations before occupying the space rented.

 

(Source:  Amended at 22 Ill. Reg. 20545, effective November 16, 1998)