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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
FINANCE (30 ILCS 500/) Illinois Procurement Code. 30 ILCS 500/50-2 (30 ILCS 500/50-2) Sec. 50-2. Continuing disclosure; false certification. Every person that has entered into a contract for more than one year in duration for the initial term or for any renewal term shall certify, by January 1 of each fiscal year covered by the contract after the initial fiscal year, to the chief procurement officer or, if the procurement is under the authority of a chief procurement officer, the applicable procurement officer of any changes that affect its ability to satisfy the requirements of this Article pertaining to eligibility for a contract award. If a contractor or subcontractor continues to meet all requirements of this Article, it shall not be required to submit any certification or if the work under the contract has been substantially completed before contract expiration but the contract has not yet expired. If a contractor or subcontractor is not able to truthfully certify that it continues to meet all requirements, it shall provide with its certification a detailed explanation of the circumstances leading to the change in certification status. A contractor or subcontractor that makes a false statement material to any given certification required under this Article is, in addition to any other penalties or consequences prescribed by law, subject to liability under the Illinois False Claims Act for submission of a false claim.
(Source: P.A. 100-43, eff. 8-9-17.) |
30 ILCS 500/50-5
(30 ILCS 500/50-5)
Sec. 50-5. Bribery.
(a) Prohibition. No person or business shall be awarded a
contract or subcontract under
this Code who:
(1) has been convicted under the laws of Illinois or | | any other state of bribery or attempting to bribe an officer or employee of the State of Illinois or any other state in that officer's or employee's official capacity; or
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(2) has made an admission of guilt of that conduct
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(b) Businesses. No business shall be barred from
contracting with any unit of State or
local government, or subcontracting under such a contract, as a result of a conviction under this Section of
any employee or agent of the
business if the employee or agent is no longer employed by the
business and:
(1) the business has been finally adjudicated not
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(2) the business demonstrates to the governmental
| | entity with which it seeks to contract or which is a signatory to the contract to which the subcontract relates, and that entity finds that the commission of the offense was not authorized, requested, commanded, or performed by a director, officer, or high managerial agent on behalf of the business as provided in paragraph (2) of subsection (a) of Section 5-4 of the Criminal Code of 2012.
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(c) Conduct on behalf of business. For purposes of this
Section, when an official, agent,
or employee of a business committed the bribery or attempted
bribery on behalf of the business
and in accordance with the direction or authorization of a responsible
official of the business, the
business shall be chargeable with the conduct.
(d) Certification. Every bid or offer submitted to every contract
executed by the State, every subcontract subject to Section 20-120 of this Code, and every vendor's submission to a vendor portal shall
contain a certification by the bidder, offeror, potential contractor, contractor, or the subcontractor, respectively, that the bidder, offeror, potential contractor, contractor or subcontractor is
not barred from being awarded a
contract or subcontract under this Section and acknowledges that the chief procurement officer may declare the related contract void if any certifications required by this Section are false. If the false certification is made by a subcontractor, then the contractor's submitted bid or offer and the executed contract may not be declared void, unless the contractor refuses to terminate the subcontract upon the State's request after a finding that the subcontract's certification was false. A bidder, offeror, potential contractor, contractor, or subcontractor who
makes a false statement, material
to the certification, commits a Class 3 felony.
(Source: P.A. 97-895, eff. 8-3-12; 97-1150, eff. 1-25-13; 98-1076, eff. 1-1-15 .)
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30 ILCS 500/50-10
(30 ILCS 500/50-10)
Sec. 50-10. Felons. (a) Unless otherwise provided, no person
or business convicted of
a felony shall do business with the State of Illinois or any State
agency, or enter into a subcontract, from the date of
conviction until 5 years after the date of completion of the
sentence for that felony, unless no
person held responsible by a prosecutorial office for the facts
upon which the conviction was
based continues to have any involvement with the business.
For purposes of this subsection (a), "completion of sentence" means completion of all sentencing related to the felony conviction or admission and includes, but is not limited to, the following: incarceration, mandatory supervised release, probation, work release, house arrest, or commitment to a mental facility. (b) Every bid or offer submitted to the State, every contract executed by the State, every subcontract subject to Section 20-120 of this Code, and every vendor's submission to a vendor portal shall contain a certification by the bidder, offeror, potential contractor, contractor, or subcontractor, respectively, that the bidder, offeror, potential contractor, contractor, or subcontractor is not barred from being awarded a contract or subcontract under this Section and acknowledges that the chief procurement officer may declare the related contract void if any of the certifications required by this Section are false. If the false certification is made by a subcontractor, then the contractor's submitted bid or offer and the executed contract may not be declared void, unless the contractor refuses to terminate the subcontract upon the State's request after a finding that the subcontract's certification was false. (Source: P.A. 100-43, eff. 8-9-17.)
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30 ILCS 500/50-10.5 (30 ILCS 500/50-10.5) Sec. 50-10.5. Prohibited bidders, offerors, potential contractors, and contractors. (a) Unless otherwise provided, no business shall bid, offer, enter into a
contract or subcontract under this Code, or make a submission to a vendor portal if the business or any
officer, director, partner, or other managerial agent of the business has been
convicted of a felony under the Sarbanes-Oxley Act of 2002 or a
Class 3 or Class 2 felony under the Illinois Securities Law of 1953 for a
period of 5 years from
the date of conviction. (b) Every bid and offer submitted to the State, every contract executed by the State, every vendor's submission to a vendor portal, and every subcontract subject to Section 20-120 of this Code shall contain
a certification by the bidder, offeror, potential contractor, contractor, or subcontractor, respectively, that the bidder, offeror, potential contractor, contractor, or subcontractor is not barred
from being awarded a contract or subcontract under this Section and
acknowledges that the chief procurement officer shall declare the related contract void
if any of
the certifications completed pursuant to this subsection (b) are false. If the false certification is made by a subcontractor, then the contractor's submitted bid or offer and the executed contract may not be declared void, unless the contractor refuses to terminate the subcontract upon the State's request after a finding that the subcontract's certification was false. (c) If a business is not a natural person, the prohibition in subsection (a)
applies only if: (1) the business itself is convicted of a felony | | referenced in subsection (a); or
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| (2) the business is ordered to pay punitive damages
| | based on the conduct of any officer, director, partner, or other managerial agent who has been convicted of a felony referenced in subsection (a).
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| (d) A natural person who is convicted of a felony referenced in subsection
(a) remains subject to Section 50-10.
(e) No person or business shall bid, offer, make a submission to a vendor portal, or enter into a contract under this Code if the person or business assisted an employee of the State of Illinois, who, by the nature of his or her duties, has the authority to participate personally and substantially in the decision to award a State contract, by reviewing, drafting, directing, or preparing any invitation for bids, a request for proposal, or request for information or provided similar assistance except as part of a publicly issued opportunity to review drafts of all or part of these documents.
This subsection does not prohibit a person or business from submitting a bid or offer or entering into a contract if the person or business: (i) initiates a communication with an employee to provide general information about products, services, or industry best practices, (ii) responds to a communication initiated by an employee of the State for the purposes of providing information to evaluate new products, trends, services, or technologies, or (iii) asks for clarification regarding a solicitation, so long as there is no competitive advantage to the person or business and the question and answer, if material, are posted to the Illinois Procurement Bulletin as an addendum to the solicitation.
Nothing in this Section prohibits a vendor developing technology, goods, or services from bidding or offering to supply that technology or those goods or services if the subject demonstrated to the State represents industry trends and innovation and is not specifically designed to meet the State's needs.
Nothing in this Section prohibits a person performing construction-related services from initiating contact with a business that performs construction for the purpose of obtaining market costs or production time to determine the estimated costs to complete the construction project.
For purposes of this subsection (e), "business" includes all individuals with whom a business is affiliated, including, but not limited to, any officer, agent, employee, consultant, independent contractor, director, partner, or manager of a business.
No person or business shall submit specifications to a State agency unless requested to do so by an employee of the State. No person or business who contracts with a State agency to write specifications for a particular procurement need shall submit a bid or proposal or receive a contract for that procurement need.
(Source: P.A. 100-43, eff. 8-9-17.)
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30 ILCS 500/50-11
(30 ILCS 500/50-11)
Sec. 50-11. Debt delinquency.
(a) If a person submits a bid or offer for, enters into a contract or subcontract under this Code, or makes a submission to a vendor portal and that person knows or should know that he or she or
any affiliate is
delinquent in the payment of any debt to the State, that person or affiliate must cure the debt delinquency within 7 calendar days by satisfying the entire debt, or the person or
affiliate must enter into a deferred payment plan to pay off the debt, subject to the Comptroller's ability to process the payment, or must be actively disputing or seeking a resolution of the debt. For purposes of this
Section, the phrase "delinquent in the payment of any debt" shall be determined
by the Debt Collection Bureau.
For purposes of this Section, the term "affiliate" means any entity that (1)
directly,
indirectly, or constructively controls another entity, (2) is directly,
indirectly, or
constructively controlled by another entity, or (3) is subject to the control
of
a common
entity. For purposes of this subsection (a), a person controls an entity if the
person owns,
directly or individually, more than 10% of the voting securities of that
entity.
As used in
this subsection (a), the term "voting security" means a security that (1)
confers upon the
holder the right to vote for the election of members of the board of directors
or similar
governing body of the business or (2) is convertible into, or entitles the
holder to receive
upon its exercise, a security that confers such a right to vote. A general
partnership
interest is a voting security.
(b) Every bid and offer submitted to the State, every vendor's submission to a vendor portal, every contract executed by the State and every subcontract subject to Section 20-120 of this Code shall contain
a certification by the bidder, offeror, potential contractor, contractor, or subcontractor, respectively, that the bidder, offeror, respondent, potential contractor, contractor or the subcontractor and its
affiliate is not barred
from being awarded a contract or subcontract under this Section and
acknowledges that the chief procurement officer may declare the related contract void if
any of the certifications completed pursuant to this subsection (b) are false. If the false certification is made by a subcontractor, then the contractor's submitted bid or offer and the executed contract may not be declared void, unless the contractor refuses to terminate the subcontract upon the State's request after a finding that the subcontract's certification was false.
(Source: P.A. 102-721, eff. 1-1-23 .) |
30 ILCS 500/50-12
(30 ILCS 500/50-12)
Sec. 50-12. Collection and remittance of Illinois Use Tax.
(a) No person shall enter into a contract with a State agency or enter into a subcontract under this
Code
unless the person and all affiliates of the person collect and remit Illinois
Use Tax on all
sales of tangible personal property into the State of Illinois in accordance
with the
provisions of the Illinois Use Tax Act regardless of whether the person or
affiliate is a
"retailer maintaining a place of business within this State" as defined in
Section 2 of the
Use Tax Act. For purposes of this Section, the term "affiliate" means any
entity that (1)
directly, indirectly, or constructively controls another entity, (2) is
directly, indirectly, or
constructively controlled by another entity, or (3) is subject to the control of
a common
entity. For purposes of this subsection (a), an entity controls another entity
if it owns,
directly or individually, more than 10% of the voting securities of that entity.
As used in
this subsection (a), the term "voting security" means a security that (1)
confers upon the
holder the right to vote for the election of members of the board of directors
or similar
governing body of the business or (2) is convertible into, or entitles the
holder to receive
upon its exercise, a security that confers such a right to vote. A general
partnership
interest is a voting security.
(b) Every bid and offer submitted to the State, every submission to a vendor portal, every contract executed by the State and every subcontract subject to Section 20-120 of this Code shall contain
a
certification by the bidder, offeror, potential contractor, contractor, or subcontractor, respectively, that the bidder, offeror, respondent, potential contractor, contractor, or subcontractor is not
barred from
bidding for or entering into a contract under subsection (a) of this Section
and
acknowledges that the chief procurement officer may declare
the
related contract void if any of the certifications completed pursuant to this subsection (b) are
false. If the false certification is made by a subcontractor, then the contractor's submitted bid or offer and the executed contract may not be declared void, unless the contractor refuses to terminate the subcontract upon the State's request after a finding that the subcontract's certification was false.
(Source: P.A. 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15 .)
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