(720 ILCS 5/Art. 33D heading) ARTICLE 33D.
CONTRIBUTING TO THE
CRIMINAL DELINQUENCY OF A JUVENILE
(Repealed)(Source: P.A. 85-906. Repealed by P.A. 97-1109, eff. 1-1-13.)
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(720 ILCS 5/33D-1) (from Ch. 38, par. 33D-1)
(This Section was renumbered as Section 12C-30 by P.A. 97-1109.) Sec. 33D-1.
(Renumbered).
(Source: P.A. 91-337, eff. 1-1-00. Renumbered by P.A. 97-1109, eff. 1-1-13.)
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(720 ILCS 5/Art. 33E heading) ARTICLE 33E.
PUBLIC CONTRACTS
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(720 ILCS 5/33E-1) (from Ch. 38, par. 33E-1)
Sec. 33E-1.
Interference with public contracting.
It is
the finding of the General Assembly that the cost to the
public is increased and the quality of goods, services and
construction paid for by public monies is decreased when
contracts for such goods, services or construction are
obtained by any means other than through independent
noncollusive submission of bids or offers by individual
contractors or suppliers, and the evaluation of those bids
or offers by the governmental unit pursuant only to criteria
publicly announced in advance.
(Source: P.A. 85-1295.)
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(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.)
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(720 ILCS 5/33E-3) (from Ch. 38, par. 33E-3)
Sec. 33E-3.
Bid-rigging.
A person commits the offense of bid-rigging
when he knowingly agrees with any person who is, or but for such agreement
would be, a competitor of such person concerning any bid submitted or not
submitted by such person or another to a unit of State or local government
when with the intent that the bid submitted or not submitted will result in
the award of a contract to such person or another and he either (1)
provides such person or receives from another information concerning the
price or other material term or terms of the bid which would otherwise not
be disclosed to a competitor in an independent noncollusive submission of
bids or (2) submits a bid that is of such a price or other material term or
terms that he does not intend the bid to be accepted.
Bid-rigging is a Class 3 felony. Any person convicted of this offense
or any similar offense of any state or the United States which contains
the same elements as this offense shall be barred for 5 years from the date
of conviction from contracting with any unit of State or local government.
No corporation shall be barred from contracting with any unit of State or
local government as a result of a conviction under this Section of any
employee or agent of such corporation if the employee so convicted is no
longer employed by the corporation and: (1) it has been finally
adjudicated not guilty or (2) if it demonstrates to the governmental
entity with which it seeks to contract and that entity finds that the
commission of the offense was neither authorized, requested, commanded, nor
performed by a director, officer or a high managerial agent in behalf of
the corporation as provided in paragraph (2) of subsection (a) of Section
5-4 of this Code.
(Source: P.A. 86-150.)
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(720 ILCS 5/33E-4) (from Ch. 38, par. 33E-4)
Sec. 33E-4.
Bid rotating.
A person commits the offense of bid
rotating when, pursuant to any collusive scheme or agreement with another,
he engages in a pattern over time (which, for the purposes of
this Section, shall include at least 3 contract bids within a period of 10
years, the most recent of which occurs after the effective date of this
amendatory Act of 1988) of submitting sealed bids to units of State or
local government with the intent that the award of such bids rotates, or is
distributed among, persons or business entities which submit bids on a
substantial number of the same contracts. Bid rotating is a Class 2 felony.
Any person convicted of this offense or any similar offense of any state
or the United States which contains the same elements as this offense
shall be permanently barred from contracting with any unit of State or
local government. No corporation shall be barred from contracting with any
unit of State or local government as a result of a conviction under this
Section of any employee or agent of such corporation if the employee so
convicted is no longer employed by the corporation and: (1) it has been
finally adjudicated not guilty or (2) if it demonstrates to the
governmental entity with which it seeks to contract and that entity finds
that the commission of the offense was neither authorized, requested,
commanded, nor performed by a director, officer or a high managerial agent
in behalf of the corporation as provided in paragraph (2) of subsection (a)
of Section 5-4 of this Code.
(Source: P.A. 86-150.)
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(720 ILCS 5/33E-5) (from Ch. 38, par. 33E-5)
Sec. 33E-5.
Acquisition or disclosure of bidding information by public
official. (a) Any person who is an official of or employed by any unit of
State or local government who knowingly opens a sealed bid at a time or
place other than as specified in the invitation to bid or as otherwise
designated by the State or unit of local government, or outside the
presence of witnesses required by the applicable statute or ordinance,
commits a Class 4 felony.
(b) Any person who is an official of or employed by any unit of State or
local government who knowingly discloses to any interested person any
information related to the terms of a sealed bid whether that information
is acquired through a violation of subsection (a) or by any other means
except as provided by law or necessary to the performance of such
official's or employee's responsibilities relating to the bid, commits
a Class 3 felony.
(c) It shall not constitute a violation of subsection (b) of this
Section for any person who is an official of or employed by any unit of
State or local government to make any disclosure to any interested person
where such disclosure is also made generally available to the public.
(d) This Section only applies to contracts let by sealed bid.
(Source: P.A. 86-150.)
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(720 ILCS 5/33E-6) (from Ch. 38, par. 33E-6)
Sec. 33E-6.
Interference with contract submission and award by public
official. (a) Any person who is an official of or employed by any unit of
State or local government who knowingly conveys, either directly or indirectly,
outside of the publicly available official invitation to bid, pre-bid
conference, solicitation for contracts procedure or such procedure used
in any sheltered market procurement adopted pursuant to law or ordinance by
that unit of government, to any person any information concerning the
specifications for such contract or the identity of any particular
potential subcontractors, when inclusion of such information concerning the
specifications or contractors in the bid or offer would influence the
likelihood of acceptance of such bid or offer, commits a Class 4 felony.
It shall not constitute a violation of this subsection to convey
information intended to clarify plans or specifications regarding a public
contract where such disclosure of information is also made generally
available to the public.
(b) Any person who is an official of or employed by any unit of State or
local government who, either directly or indirectly, knowingly informs a
bidder or offeror that the bid or offer will be accepted or executed only
if specified individuals are included as subcontractors commits a Class 3
felony.
(c) It shall not constitute a violation of subsection (a) of this
Section where any person who is an official of or employed by any unit of
State or local government follows procedures established (i) by federal,
State or local minority or female owned business enterprise programs or (ii) pursuant to Section 45-57 of the Illinois Procurement Code.
(d) Any bidder or offeror who is the recipient of communications from
the unit of government which he reasonably believes to be proscribed by
subsections (a) or (b), and fails to inform either the Attorney General or
the State's Attorney for the county in which the unit of government is
located, commits a Class A misdemeanor.
(e) Any public official who knowingly awards a contract based on
criteria which were not publicly disseminated via the invitation to bid,
when such invitation to bid is required by law or ordinance, the pre-bid
conference, or any solicitation for contracts procedure or such
procedure used in any sheltered market procurement procedure adopted
pursuant to statute or ordinance, commits a Class 3 felony.
(f) It shall not constitute a violation of subsection (a) for any
person who is an official of or employed by any unit of State or local
government to provide to any person a copy of the transcript or other
summary of any pre-bid conference where such transcript or summary is also
made generally available to the public.
(Source: P.A. 97-260, eff. 8-5-11.)
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(720 ILCS 5/33E-7) (from Ch. 38, par. 33E-7)
Sec. 33E-7.
Kickbacks.
(a) A person violates this Section when he knowingly either:
(1) provides, attempts to provide or offers to provide any kickback;
(2) solicits, accepts or attempts to accept any kickback; or
(3) includes, directly or indirectly, the amount of any kickback
prohibited by paragraphs (1) or (2) of this subsection (a) in the contract
price charged by a subcontractor to a prime contractor or a higher tier
subcontractor or in the contract price charged by a prime contractor to any
unit of State or local government for a public contract.
(b) Any person violates this Section when he has received an offer of
a kickback, or has been solicited to make a kickback, and fails to report
it to law enforcement officials, including but not limited to the Attorney
General or the State's Attorney for the county in which the contract is to be performed.
(c) A violation of subsection (a) is a Class 3 felony. A
violation of subsection (b) is a Class 4 felony.
(d) Any unit of State or local government may, in a civil action,
recover a civil penalty from any person who knowingly engages in conduct
which violates paragraph (3) of subsection (a) of this Section in twice the
amount of each kickback involved in the violation. This subsection (d)
shall in no way limit the ability of any unit of State or local government
to recover monies or damages regarding public contracts under any other law
or ordinance. A civil action shall be barred unless
the action is commenced within 6 years after the later of (1) the date on
which the conduct establishing the cause of action occurred or (2) the date
on which the unit of State or local government knew or should have known
that the conduct establishing the cause of action occurred.
(Source: P.A. 85-1295.)
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(720 ILCS 5/33E-8) (from Ch. 38, par. 33E-8)
Sec. 33E-8.
Bribery of inspector employed by contractor.
(a) A person
commits bribery of an inspector when he offers to any person employed by a
contractor or subcontractor on any public project contracted for by any
unit of State or local government any property or other thing of value
with the intent that such offer is for the purpose of
obtaining wrongful certification or approval of the quality or completion
of any goods or services supplied or performed in the course of work on
such project. Violation of this subsection is a Class 4 felony.
(b) Any person employed by a contractor or subcontractor on any public
project contracted for by any unit of State or local government who accepts any
property or other thing of value knowing that such was intentionally
offered for the purpose of influencing the certification or approval of
the quality or completion of any goods or services supplied or performed
under subcontract to that contractor, and either before or afterwards
issues such wrongful certification, commits a Class 3 felony. Failure to
report such offer to law enforcement officials, including but not limited
to the Attorney General or the State's Attorney for the county in which the
contract is performed, constitutes a Class 4 felony.
(Source: P.A. 85-1295.)
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(720 ILCS 5/33E-9) (from Ch. 38, par. 33E-9)
Sec. 33E-9. Change orders. Any change order authorized under this
Section shall be made in writing. Any person employed by and authorized
by any unit of State or local government to approve a change order to any
public contract who knowingly grants that approval without first obtaining
from the unit of State or local government on whose behalf the contract was
signed, or from a designee authorized by that unit of State or local
government, a determination in writing that (1) the circumstances said to
necessitate the change in performance were not reasonably foreseeable at
the time the contract was signed, or (2) the change is germane to the
original contract as signed, or (3) the change order is in the best
interest of the unit of State or local government and authorized by law,
commits a Class 4 felony. The written determination and the written change
order resulting from that determination shall be preserved in the
contract's file which shall be open to the public for inspection. This
Section shall only apply to a change order or series of change orders
which authorize or necessitate an increase or decrease in either the cost
of a public contract by a total of $25,000 or more or the time of
completion by a total of 180 days or more.
(Source: P.A. 102-1119, eff. 1-23-23.)
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(720 ILCS 5/33E-10) (from Ch. 38, par. 33E-10)
Sec. 33E-10.
Rules of evidence.
(a) The certified bid is prima facie
evidence of the bid.
(b) It shall be presumed that in the absence of practices proscribed by this
Article 33E, all persons who submit bids in response to an invitation to
bid by any unit of State or local government submit their bids independent
of all other bidders, without information obtained from the governmental
entity outside the invitation to bid, and in a good faith effort to obtain
the contract.
(Source: P.A. 85-1295.)
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(720 ILCS 5/33E-11) (from Ch. 38, par. 33E-11)
Sec. 33E-11.
(a) Every bid submitted to and public contract executed
pursuant to such bid by the State or a unit of local government shall
contain a certification by the prime contractor that the prime contractor
is not barred from contracting with any unit of State or local government
as a result of a violation of either Section 33E-3 or 33E-4 of this
Article. The State and units of local government shall provide the
appropriate forms for such certification.
(b) A contractor who knowingly makes a false statement, material to the
certification, commits a Class 3 felony.
(Source: P.A. 97-1108, eff. 1-1-13.)
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(720 ILCS 5/33E-12) (from Ch. 38, par. 33E-12)
Sec. 33E-12.
It shall not constitute a violation of any provisions of
this Article for any person who is an official of or employed by a unit of
State or local government to (1) disclose the name of any person who has
submitted a bid in response to or requested plans or specifications
regarding an invitation to bid or who has been awarded a public contract to
any person or, (2) to convey information concerning acceptable alternatives
or substitute to plans or specifications if such information is also made
generally available to the public and mailed to any person who has
submitted a bid in response to or requested plans or specifications
regarding an invitation to bid on a public contract or, (3) to negotiate
with the lowest responsible bidder a reduction in only the price term of
the bid.
(Source: P.A. 86-150.)
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