Illinois General Assembly - Illinois Compiled Statutes

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720 ILCS 5/33E-2

(720 ILCS 5/33E-2) (from Ch. 38, par. 33E-2)

Sec. 33E-2. Definitions. In this Act:

(a) "Public contract" means any
contract for goods, services or construction let to any person with or
without bid by any unit of State or local government.

(b) "Unit of State or local government" means the State, any unit of state
government or agency thereof, any county or municipal government or committee
or agency thereof, or any other entity which is funded by or expends tax
dollars or the proceeds of publicly guaranteed bonds.

(c) "Change order" means a change in a contract term other than as
specifically provided for in the contract which authorizes or necessitates
any increase or decrease in the cost of the contract or the time to completion.

(d) "Person" means any individual, firm, partnership,
corporation, joint venture or other entity, but does not include a unit
of State or local government.

(e) "Person employed by any unit of State or local government" means
any employee of a unit of State or local government and any person defined in
subsection (d) who is authorized by such unit of State or local government
to act on its behalf in relation to any public contract.

(f) "Sheltered market" has the meaning ascribed to it in Section 8b of the Business Enterprise for Minorities, Women, and Persons with Disabilities Act; except that, with respect to State contracts set aside for award to service-disabled veteran-owned small businesses and veteran-owned small businesses pursuant to Section 45-57 of the Illinois Procurement Code, "sheltered market" means procurements pursuant to that Section.

(g) "Kickback" means any money, fee, commission, credit, gift, gratuity,
thing of value, or compensation of any kind which is provided, directly or
indirectly, to any prime contractor, prime contractor employee,
subcontractor, or subcontractor employee for the purpose of improperly
obtaining or rewarding favorable treatment in connection with a prime
contract or in connection with a subcontract relating to a prime contract.

(h) "Prime contractor" means any person who has entered into
a public contract.

(i) "Prime contractor employee" means any officer, partner, employee, or
agent of a prime contractor.

(i-5) "Stringing" means knowingly structuring a contract
or job order to avoid the contract or job order being subject to competitive
bidding requirements.

(j) "Subcontract" means a contract or contractual action entered into by
a prime contractor or subcontractor for the purpose of obtaining goods or
services of any kind under a prime contract.

(k) "Subcontractor" (1) means any person, other than the prime
contractor, who offers to furnish or furnishes any goods or services of any
kind under a prime contract or a subcontract entered into in connection
with such prime contract; and (2) includes any person who offers to furnish
or furnishes goods or services to the prime contractor or a higher tier
subcontractor.

(l) "Subcontractor employee" means any officer, partner, employee, or
agent of a subcontractor.

(Source: P.A. 100-391, eff. 8-25-17.)