(30 ILCS 500/50-40)
Sec. 50-40. Reporting and anticompetitive practices. When, for any reason,
any
vendor, bidder, offeror, potential contractor, contractor, chief procurement officer, State purchasing
officer, designee, elected official, or State
employee suspects collusion or other anticompetitive practice among any
bidders, offerors, potential contractors, contractors, or employees of the State, a notice
of the relevant facts shall be transmitted to the appropriate Inspector General, the Attorney General, and the
chief procurement officer.
(Source: P.A. 100-43, eff. 8-9-17.)
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(30 ILCS 500/50-45)
Sec. 50-45. Confidentiality. Any chief procurement officer, State
purchasing officer, designee, executive officer, or State employee
who willfully uses or allows the use of specifications,
competitive solicitation documents, proprietary competitive information,
contracts, or selection information to compromise the fairness or integrity of
the procurement or contract process shall be subject to immediate
dismissal, regardless of the Personnel Code, any contract, or any
collective bargaining agreement, and may in addition be subject to criminal
prosecution.
(Source: P.A. 100-43, eff. 8-9-17.)
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(30 ILCS 500/50-50)
Sec. 50-50.
Insider information.
It is unlawful for any current or
former elected or appointed State official or State employee to knowingly use
confidential information available only by virtue of that office or employment
for actual or anticipated gain for themselves or another person.
(Source: P.A. 90-572, eff. 2-6-98.)
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(30 ILCS 500/50-55)
Sec. 50-55.
Supply inventory.
Every State agency shall
inventory or stock no more
than a 12-month need of equipment, supplies, commodities, articles,
and other items, except as
otherwise authorized by the State agency's regulations. Every
State agency shall periodically
review its inventory to ensure compliance with this Section. If,
upon review, an agency
determines it has more than a 12-month supply of any equipment,
supplies, commodities, or
other items, the agency shall undertake transfers of the
oversupplied items or other action
necessary to maintain compliance with this Section. This Section
shall not apply to lifesaving
medications, mechanical spare parts, and items for which the
supplier requires a minimum order
stipulation.
(Source: P.A. 90-572, eff. 2-6-98.)
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(30 ILCS 500/50-60)
Sec. 50-60. Voidable contracts.
(a) If any contract or amendment thereto is entered into or purchase
or expenditure of funds is made at any time in violation of this Code or any other law,
the contract or amendment thereto may be declared void by the chief procurement officer or may be
ratified and affirmed,
provided the chief procurement officer determines that ratification is in the
best interests of the
State. If the contract is ratified and affirmed, it shall be without prejudice
to the State's rights to any appropriate damages.
(b) If, during the term of a contract, the chief procurement officer determines
that the contractor is delinquent in the payment of debt as set forth in
Section 50-11 of this Code, the chief procurement officer may declare the contract void if
it determines that voiding the contract is in the best interests of the State.
The Debt Collection Bureau shall adopt rules for the implementation of this
subsection (b).
(c) If, during the term of a contract, the chief procurement officer determines
that the contractor is in violation of Section 50-10.5 of this Code, the
chief procurement officer shall declare the contract void.
(d) If, during the term of a contract, the contracting agency learns from an annual certification or otherwise determines that the contractor no longer qualifies to enter into State contracts by reason of Section 50-5, 50-10, 50-12, 50-14, or 50-14.5 of this Article, the chief procurement officer may declare the contract void if it determines that voiding the contract is in the best interests of the State. (e) If, during the term of a contract, the chief procurement officer learns from an annual certification or otherwise determines that a subcontractor subject to Section 20-120 no longer qualifies to enter into State contracts by reason of Section 50-5, 50-10, 50-10.5, 50-11, 50-12, 50-14, or 50-14.5 of this Article, the chief procurement officer may declare the related contract void if it determines that voiding the contract is in the best interests of the State. However, the related contract shall not be declared void unless the contractor refuses to terminate the subcontract upon the State's request after a finding that the subcontractor no longer qualifies to enter into State contracts by reason of one of the Sections listed in this subsection. (f) The changes to this Section made by Public Act 96-795 apply to actions taken by the chief procurement officer on or after July 1, 2010. (Source: P.A. 96-493, eff. 1-1-10; 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793 for the effective date of changes made by P.A. 96-795); 96-1000, eff. 7-2-10; 97-895, eff. 8-3-12.) |
(30 ILCS 500/50-65)
Sec. 50-65. Suspension. Any contractor or subcontractor may be suspended for
violation of this Code or for failure to conform to specifications or terms of
delivery. Suspension shall be for cause and may be for a period of up to
10
years at the discretion of the applicable chief procurement officer.
Contractors or subcontractors may be debarred in accordance with rules promulgated by the chief
procurement officer or as otherwise provided by law.
(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793 for the effective date of changes made by P.A. 96-795) .)
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(30 ILCS 500/50-70)
Sec. 50-70. Additional provisions. This Code is subject
to applicable provisions of
the following Acts:
(1) Article 33E of the Criminal Code of 2012;
(2) the Illinois Human Rights Act;
(3) the Discriminatory Club Act;
(4) the Illinois Governmental Ethics Act;
(5) the State Prompt Payment Act;
(6) the Public Officer Prohibited Activities Act;
(7) the Drug Free Workplace Act;
(8) the Illinois Power Agency Act; (9)
the Employee Classification Act;
(10) the State Officials and Employees Ethics Act; | ||
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(11) the Department of Employment Security Law. (Source: P.A. 97-1150, eff. 1-25-13; 98-1076, eff. 1-1-15 .)
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(30 ILCS 500/50-75)
Sec. 50-75.
Other violations.
(a) Any chief procurement officer, State purchasing officer, or designee
who willfully
violates or allows the violation of this Code shall be subject to
immediate dismissal, regardless of the Personnel Code, any contract,
or any collective bargaining agreement.
(b) Except as otherwise provided in this Code, whoever violates this Code or
the rules promulgated under it is guilty of a Class A misdemeanor.
(Source: P.A. 90-572, eff. 2-6-98.)
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(30 ILCS 500/50-80) Sec. 50-80. Sexual harassment policy. Each bidder who submits a bid or offer for a State contract under this Code shall have a sexual harassment policy in accordance with paragraph (4) of subsection (A) of Section 2-105 of the Illinois Human Rights Act. A copy of the policy shall be provided to the State agency entering into the contract upon request.
(Source: P.A. 100-698, eff. 1-1-19 .) |
(30 ILCS 500/50-85) Sec. 50-85. Diversity training. Each chief procurement officer, State purchasing officer, procurement compliance monitor, applicable support staff of each chief procurement officer, State agency purchasing and contracting staff, those identified under subsection (c) of Section 5-45 of the State Officials and Employees Ethics Act who have the authority to participate personally and substantially in the award of State contracts, and any other State agency staff with substantial procurement and contracting responsibilities as determined by the chief procurement officer, in consultation with the State agency, shall complete annual training for diversity and inclusion. Each chief procurement officer shall prescribe the program of diversity and inclusion training appropriate for each chief procurement officer's jurisdiction.
(Source: P.A. 101-657, eff. 7-1-21 (See Section 25 of P.A. 102-29 for effective date of P.A. 101-657, Article 5, Section 5-5); 102-687, eff. 12-17-21.) |
(30 ILCS 500/50-90) Sec. 50-90. Certifications. All contracts under this Code with an annual value that exceeds $50,000 annually shall be accompanied by Standard Illinois Certifications in a form prescribed by each chief procurement officer.
(Source: P.A. 102-721, eff. 1-1-23 .) |