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91_HB0279eng HB0279 Engrossed LRB9101503REksA 1 AN ACT concerning State contracts. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Procurement Code is amended by 5 changing Section 50-65 as follows: 6 (30 ILCS 500/50-65) 7 Sec. 50-65.ContractorSuspension and debarment. 8 (a) Any personcontractormay be suspended for cause in 9 accordance with rules promulgated by the chief procurement 10 officer for violation of this Code,orfor failure to conform 11 to specifications or terms of delivery, or for other acts or 12 omissions that indicate a lack of integrity and honesty in 13 the conduct of business or the performance of contracts. 14 Suspensionshall be for cause andmay be for a period of up 15 to 5 years at the discretion of the applicable chief 16 procurement officer. A personContractorsmay be debarred in 17 accordance with rules promulgated by the chief procurement 18 officer or as otherwise provided by law. A person shall be 19 debarred upon conviction for any felony, committed in 20 connection with the procurement of or performance of a 21 federal, State, or local contract, that involves fraud, 22 bribery, embezzlement, theft, conspiracy, collusion, 23 anti-competitive practices, or other acts indicating a lack 24 of integrity or honesty in the procurement of or performance 25 of contracts. 26 (b) Suspension or debarment of a person under this 27 Section applies to any affiliates of the person existing at 28 the time of the suspension or debarment and to any business 29 or affiliate of the person that is formed after the time of 30 the suspension or debarment. 31 (c) No business may be debarred from contracting with a HB0279 Engrossed -2- LRB9101503REksA 1 State agency or a unit of local government under this Section 2 as a result of the conviction of a principal of that business 3 if the principal is no longer employed by or otherwise 4 involved with that business and (i) the business has been 5 adjudicated not guilty or (ii) the business demonstrates to 6 the chief procurement officer that the commission of the 7 offense was not authorized, requested, commanded, or 8 performed by the board of directors or a member of the board, 9 an officer, or a high managerial agent acting within the 10 scope of his or her employment. When a principal acts on 11 behalf of the business or with the direction or authorization 12 of a responsible official of the business, the business may 13 be chargeable with the conduct. 14 (d) In this Section: 15 (1) "Affiliate" means any business that a person 16 controls or has the power to control. 17 (2) "Anti-competitive practice" means any act that 18 undermines the principles of competitive bidding and the 19 provisions of this Code, including but not limited to, 20 acts prohibited under Section 50-25 of this Code and 21 bid-rigging as defined in Section 33E-3 of the Criminal 22 Code of 1961, and bed-rotating as defined in Section 23 33E-4 of the Criminal Code of 1961. 24 (3) "Conviction" means the same as in Section 2-5 25 of the Criminal Code of 1961 and includes a plea of nolo 26 contendere. 27 (4) "Debarred" means permanently barred from 28 participating, in any capacity, in a contract with a 29 State agency or in a contract with a unit of local 30 government if the contract is subject to approval or 31 financial participation by a State agency. 32 (5) "Person" means the same as in Section 1-15.55. 33 (6) "Principal" means an owner, partner, manager, 34 director, officer, key employee, or other person in a HB0279 Engrossed -3- LRB9101503REksA 1 business who exercises managerial or supervisory 2 responsibility. 3 (Source: P.A. 90-572, eff. 2-6-98.) 4 Section 10. The Criminal Code of 1961 is amended by 5 changing Section 33E-3 as follows: 6 (720 ILCS 5/33E-3) (from Ch. 38, par. 33E-3) 7 Sec. 33E-3. Bid-rigging. A person commits the offense 8 of bid-rigging when he knowingly agrees with any person who 9 is, or but for such agreement would be, a competitor of such 10 person concerning any bid submitted or not submitted by such 11 person or another to a unit of State or local government when 12 with the intent that the bid submitted or not submitted will 13 result in the award of a contract to such person or another 14 and he either (1) provides such person or receives from 15 another information concerning the price or other material 16 term or terms of the bid which would otherwise not be 17 disclosed to a competitor in an independent noncollusive 18 submission of bids or (2) submits a bid that is of such a 19 price or other material term or terms that he does not intend 20 the bid to be accepted. 21 Bid-rigging is a Class 3 felony. Any person convicted of 22 this offense or any similar offense of any state or the 23 United States which contains the same elements as this 24 offense shall be permanently barredfor 5 years from the date25of convictionfrom contracting with any unit of State or 26 local government. No corporation shall be barred from 27 contracting with any unit of State or local government as a 28 result of a conviction under this Section of any employee or 29 agent of such corporation if the employee so convicted is no 30 longer employed by the corporation and: (1) it has been 31 finally adjudicated not guilty or (2) if it demonstrates to 32 the governmental entity with which it seeks to contract and HB0279 Engrossed -4- LRB9101503REksA 1 that entity finds that the commission of the offense was 2 neither authorized, requested, commanded, nor performed by a 3 director, officer or a high managerial agent in behalf of the 4 corporation as provided in paragraph (2) of subsection (a) of 5 Section 5-4 of this Code. 6 (Source: P.A. 86-150.)