Section 910.70  Voiding a Contract

a)         Pursuant to Section 50-60 of the Illinois Procurement Code a State agency may declare a contract void if, during the term of the contract, the contracting agency determines that the contractor is delinquent in the payment of debt as set forth in Section 50-11 of the Illinois Procurement Code, and it is determined that voiding the contract is in the best interests of the State. The decision to void a contract pursuant to this authority shall be made only by the Director or Secretary of the contracting agency (and not a designee), or by the State Purchasing Officer of the contracting agency, if the Director or Secretary has delegated in writing this authority to the State Purchasing Officer (and not a designee).

b)         In making the determination as to whether the voiding of a contract is in the best interests of the State, the Director/Secretary or State Purchasing Officer shall consider, among other factors:

1)         the cost and difficulty of obtaining the contractual services or goods from an alternative vendor;

2)         the extent to which the contractor has already performed its obligations under the contract;

3)         whether the contractor has made arrangements to pay the delinquency; and

4)         the amount of the delinquency.

c)         If a decision is made not to void the contract, the Director/Secretary or State Purchasing Officer of the contracting agency shall inform the head of the agency to which the delinquency is owed of the existence of the contract so that the delinquent receivable can be placed with the Comptroller's offset system, if this step has not already been taken.

(Source:  Added at 26 Ill. Reg. 9302, effective July 1, 2002)