There Is a Newer Version of the Illinois Compiled Statutes
2005 Illinois 30 ILCS 500/ Illinois Procurement Code. Article 50 - Procurement Ethics and Disclosure
(30 ILCS 500/Art. 50 heading)ARTICLE 50
PROCUREMENT ETHICS AND DISCLOSURE
(30 ILCS 500/50‑1)
Sec. 50‑1.
Purpose.
It is the express duty of all chief procurement
officers, State purchasing officers, and their designees to maximize the value
of the expenditure of public moneys in procuring goods, services, and contracts
for the State of Illinois and to act in a manner that maintains the integrity
and public trust of State government. In discharging this duty, they are
charged to use all available information, reasonable efforts, and reasonable
actions to protect, safeguard, and maintain the procurement process of the
State of Illinois.
(Source: P.A. 90‑572, eff. 2‑6‑98.)
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(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 | ||
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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 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 | ||
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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 submitted to and contract
executed by the State shall
contain a certification by the contractor that the contractor is
not barred from being awarded a
contract or subcontract under this Section. A contractor who
makes a false statement, material
to the certification, commits a Class 3 felony.
(Source: P.A. 90‑572, eff. 2‑6‑98.)
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(30 ILCS 500/50‑10)
Sec. 50‑10.
Felons.
Unless otherwise provided, no person
or business convicted of
a felony shall do business with the State of Illinois or any State
agency 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.
(Source: P.A. 90‑572, eff. 2‑6‑98.)
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(30 ILCS 500/50‑10.5)
Sec. 50‑10.5.
Prohibited bidders and contractors.
(a) Unless otherwise provided, no business shall bid or enter into a
contract with the State of Illinois or any State agency 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 submitted to and contract executed by the State shall contain
a certification by the bidder or contractor that the contractor is not barred
from being awarded a contract under this Section and that the contractor
acknowledges that the contracting State agency shall declare the contract void
if
the certification completed pursuant to this subsection (b) is 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 | ||
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(2) the business is ordered to pay punitive damages | ||
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(d) A natural person who is convicted of a felony referenced in subsection
(a) remains subject to Section 50‑10.
(Source: P.A. 93‑600, eff. 1‑1‑04.)
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(30 ILCS 500/50‑11)
Sec. 50‑11.
Debt delinquency.
(a) No person shall submit a bid for or enter into a contract with a State
agency under this Code if that person knows or should know that he or she or
any affiliate is
delinquent in the payment of any debt to the State, unless the person or
affiliate has
entered into a deferred payment plan to pay off the debt. For purposes of this
Section, the phrase "delinquent in the payment of any debt" shall be determined
by the Debt Collection Board.
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 submitted to and contract executed by the State shall contain
a certification by the bidder or contractor that the contractor and its
affiliate is not barred
from being awarded a contract under this Section and that the contractor
acknowledges that the contracting State agency may declare the contract void if
the certification completed pursuant to this subsection (b) is false.
(Source: P.A. 92‑404, eff. 7‑1‑02; 93‑25, eff. 6‑20‑03.)
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(30 ILCS 500/50‑12)
(Text of Section from P.A. 93‑25)
Sec. 50‑12.
Collection and remittance of Illinois Use Tax.
(a) No person shall enter into a contract with a State agency 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 submitted and contract executed by the State shall contain
a
certification by the bidder or contractor that the bidder or contractor is not
barred from
bidding for or entering into a contract under subsection (a) of this Section
and
that the
bidder or contractor acknowledges that the contracting State agency may declare
the
contract void if the certification completed pursuant to this subsection (b) is
false.
(Source: P.A. 93‑25, eff. 6‑20‑03.)
(Text of Section from P.A. 93‑575)
Sec. 50‑12.
Environmental Protection Act violations.
(a) Unless otherwise provided, no person or business found by a court or
the Pollution Control Board to have committed a willful or knowing violation of
Section 42 of the Environmental Protection Act shall do business with the State
of Illinois or any State agency from the date of the order containing the
finding of violation until 5 years after that date, unless the person or
business can show that no person involved in the violation continues to have
any involvement with the business.
(b) A person or business otherwise barred from doing business with the
State of Illinois or any State agency under subsection (a) may be allowed to do
business with the State of Illinois or any State agency if it is shown that
there is no practicable alternative to the State to contracting with that
person or business.
(c) Every bid submitted to and contract executed by the State shall contain
a certification by the bidder or contractor that the bidder or contractor is
not barred from being awarded a contract under this Section and that the
contractor acknowledges that the contracting State agency may declare the
contract void if the certification completed pursuant to this subsection (c) is
false.
(Source: P.A. 93‑575, eff. 1‑1‑04.)
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(30 ILCS 500/50‑13)
Sec. 50‑13. Conflicts of interest.
(a) Prohibition. It is unlawful for any person holding an
elective office in this State,
holding a seat in the General Assembly, or appointed to or
employed in any of the offices or
agencies of State government and who receives compensation for such employment
in excess of 60% of the salary of the Governor of the State of Illinois, or who
is an officer or employee of
the Capital Development
Board or the Illinois Toll Highway Authority, or who is the spouse
or minor child of any such
person to have or acquire any contract, or any direct pecuniary
interest in any contract therein,
whether for stationery, printing, paper, or any services,
materials, or supplies, that will be
wholly or partially satisfied by the payment of funds appropriated
by the General Assembly of
the State of Illinois or in any contract of the Capital
Development Board or the Illinois Toll
Highway Authority.
(b) Interests. It is unlawful for any firm, partnership,
association, or corporation, in
which any person listed in subsection (a) is entitled to receive (i) more than
7 1/2% of the total
distributable income or (ii) an amount in excess of the salary of the Governor,
to have or acquire any
such contract or direct pecuniary interest therein.
(c) Combined interests. It is unlawful for any firm, partnership,
association, or corporation, in which any person listed in subsection (a)
together with his or her spouse or minor children is entitled to receive (i)
more than 15%, in the aggregate, of the total distributable income or (ii) an
amount in excess of 2 times the salary of the Governor, to have or acquire any
such contract or direct pecuniary interest therein.
(c‑5) Appointees and firms. In addition to any provisions of this Code,
the interests of certain
appointees and their firms are subject to Section 3A‑35 of the Illinois
Governmental Ethics Act.
(d) Securities. Nothing in this Section invalidates the
provisions of any bond or other
security previously offered or to be offered for sale or sold by
or for the State of Illinois.
(e) Prior interests. This Section does not affect the
validity of any contract made
between the State and an officer or employee of the State or
member of the General Assembly,
his or her spouse, minor child, or other immediate family member living in
his or her residence or any
combination of those persons
if that contract was in
existence before his or her election or employment as an officer,
member, or employee. The
contract is voidable, however, if it cannot be completed within 365
days after the officer, member,
or employee takes office or is employed.
(f) Exceptions.
(1) Public aid payments. This Section does not apply | ||
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(2) Teaching. This Section does not apply to a | ||
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(3) Ministerial duties. This Section does not apply | ||
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(4) Child and family services. This Section does not | ||
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(5) Licensed professionals. Contracts with licensed | ||
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(g) Penalty. A person convicted of a violation of this Section is guilty of
a business offense and shall be fined not less than $1,000 nor more than
$5,000.
(Source: P.A. 93‑615, eff. 11‑19‑03.)
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(30 ILCS 500/50‑14)
Sec. 50‑14. Environmental Protection Act violations.
(a) Unless otherwise provided, no person or business found by a court or
the Pollution Control Board to have committed a willful or knowing violation of
the Environmental Protection Act shall do business with the State
of Illinois or any State agency from the date of the order containing the
finding of violation until 5 years after that date, unless the person or
business can show that no person involved in the violation continues to have
any involvement with the business.
(b) A person or business otherwise barred from doing business with the
State of Illinois or any State agency under subsection (a) may be allowed to do
business with the State of Illinois or any State agency if it is shown that
there is no practicable alternative to the State to contracting with that
person or business.
(c) Every bid submitted to and contract executed by the State shall contain
a certification by the bidder or contractor that the bidder or contractor is
not barred from being awarded a contract under this Section and that the
contractor acknowledges that the contracting State agency may declare the
contract void if the certification completed pursuant to this subsection (c) is
false.
(Source: P.A. 93‑575, eff. 1‑1‑04; 93‑826, eff. 7‑28‑04.)
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(30 ILCS 500/50‑14.5)
Sec. 50‑14.5. Lead Poisoning Prevention Act violations. Owners of residential buildings who have committed a willful or knowing violation of the Lead Poisoning Prevention Act are prohibited from doing business with the State of Illinois or any State agency until the violation is mitigated.
(Source: P.A. 94‑879, eff. 6‑20‑06.)
(30 ILCS 500/50‑15)
Sec. 50‑15.
Negotiations.
(a) It is unlawful for any person employed in or on a continual contractual
relationship with any of the offices or agencies of State government to
participate in contract negotiations on behalf of that office or agency with
any firm, partnership,
association, or corporation with whom that person has a contract for future
employment or is negotiating concerning possible future employment.
(b) Any person convicted of a violation of this Section is guilty of a
business offense and shall be fined not less than $1,000 nor more than
$5,000.
(Source: P.A. 90‑572, eff. 2‑6‑98.)
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(30 ILCS 500/50‑20)
Sec. 50‑20.
Exemptions.
With the approval of the appropriate chief
procurement officer involved, the Governor, or an executive ethics board or
commission he or she designates, may exempt named individuals from the
prohibitions of
Section 50‑13 when, in his, her, or its judgment, the public interest in
having
the
individual in the service of the State outweighs the public policy evidenced in
that Section. An exemption is effective only when it is filed with the
Secretary of State and the Comptroller and includes a statement setting forth
the name of the individual and all the pertinent facts that would make that
Section applicable, setting forth the reason for the exemption, and declaring
the individual exempted from that Section.
Notice of each exemption shall be published in the Illinois Procurement
Bulletin.
(Source: P.A. 90‑572, eff. 2‑6‑98.)
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(30 ILCS 500/50‑25)
Sec. 50‑25.
Inducement.
Any person who offers or pays
any money or other valuable
thing to any person to induce him or her not to bid for a State
contract or as recompense for not
having bid on a State contract is guilty of a Class 4 felony. Any
person who accepts any money
or other valuable thing for not bidding for a State contract or
who withholds a bid in
consideration of the promise for the payment of money or other
valuable thing is guilty of a
Class 4 felony.
(Source: P.A. 90‑572, eff. 2‑6‑98.)
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(30 ILCS 500/50‑30)
Sec. 50‑30. Revolving door prohibition.
(a) Chief procurement officers, associate procurement officers, State
purchasing
officers, their designees whose principal duties are directly related to State
procurement, and executive officers confirmed by the Senate are expressly
prohibited for a period of 2 years after terminating an affected position from
engaging in any procurement activity relating to the State agency most recently
employing them in an affected position for a period of at least 6 months. The
prohibition includes but is not limited to: lobbying the procurement process;
specifying; bidding; proposing bid, proposal, or contract documents; on their
own behalf or on behalf of any firm, partnership, association, or corporation.
This subsection applies only to persons who terminate an
affected position on or
after January 15, 1999.
(b) In addition to any other
provisions of this Code, employment of former State employees is subject to the
State Officials and Employees Ethics Act.
(Source: P.A. 93‑615, eff. 11‑19‑03.)
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(30 ILCS 500/50‑35)
Sec. 50‑35.
Disclosure and potential conflicts of interest.
(a) All offers from responsive bidders or offerors with an annual value of
more than $10,000 shall be accompanied by disclosure of the financial
interests of the contractor, bidder, or proposer. The financial disclosure of
each successful bidder or offeror shall become
part of the publicly available contract or procurement file
maintained by the appropriate chief procurement officer.
(b) Disclosure by the responsive bidders or offerors shall include any
ownership or distributive income share that is in excess of 5%, or an amount
greater than 60% of the annual salary of the Governor, of the bidding entity
or its parent entity, whichever is less, unless the contractor or bidder
(i) is a
publicly traded entity subject to Federal 10K reporting, in which case it may
submit its 10K
disclosure in place of the prescribed disclosure, or (ii) is a privately held
entity that is exempt from Federal 10k reporting but has more than 400
shareholders, in which case it may submit the information that Federal 10k
reporting companies are required to report under 17 CFR 229.401 and list the
names of any person or entity holding any ownership share that is in excess of
5% in place of the prescribed disclosure. The form of disclosure shall
be prescribed by the applicable chief procurement officer and must include at
least the names,
addresses, and dollar or proportionate share of ownership of each person
identified in this Section, their instrument of ownership or beneficial
relationship, and notice of any potential conflict of interest resulting from
the current ownership or beneficial relationship of each person identified in
this Section having in addition any of the following relationships:
(1) State employment, currently or in the previous 3 | ||
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(2) State employment of spouse, father, mother, son, | ||
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(3) Elective status; the holding of elective office | ||
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(4) Relationship to anyone holding elective office | ||
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(5) Appointive office; the holding of any appointive | ||
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(6) Relationship to anyone holding appointive office | ||
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(7) Employment, currently or in the previous 3 | ||
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(8) Relationship to anyone who is or was a | ||
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(9) Compensated employment, currently or in the | ||
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(10) Relationship to anyone; spouse, father, mother, | ||
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(c) The disclosure in subsection (b) is not intended to prohibit or prevent
any
contract. The disclosure is meant to fully and publicly disclose any potential
conflict to the chief procurement officers, State purchasing officers, their
designees, and executive officers so they may adequately discharge their duty
to protect the State.
(d) In the case of any contract for personal services in excess of
$50,000; any contract competitively bid in excess of $250,000; any other
contract in excess of $50,000; when a potential for a conflict of interest
is identified, discovered, or reasonably suspected it shall be reviewed and
commented on in writing by the Governor of the State of Illinois, or by an
executive ethics board or commission he or she might designate. The comment
shall be
returned to the responsible chief procurement officer who must rule in writing
whether to void or
allow the contract, bid, offer, or proposal weighing the best interest of the
State of Illinois. The comment and determination shall become a publicly
available part of the contract, bid, or proposal file.
(e) These threshholds and disclosure do not relieve the chief procurement
officer, the State purchasing officer, or
their designees from reasonable care and diligence for any contract, bid,
offer,
or proposal. The chief procurement officer, the State purchasing officer, or
their designees shall be
responsible for using any reasonably known and publicly available information
to
discover any undisclosed potential conflict of interest and act to protect the
best interest of the State of Illinois.
(f) Inadvertent or accidental failure to fully disclose shall render the
contract, bid, proposal, or relationship voidable by the chief procurement
officer if he or she deems it in
the best interest of the State of Illinois and, at his or her discretion, may
be cause for barring from future contracts, bids, proposals, or
relationships with the State for a period of up to 2 years.
(g) Intentional, willful, or material failure to disclose shall render the
contract, bid, proposal, or relationship voidable by the chief procurement
officer if he or she deems it in
the best interest of the State of Illinois and shall result in debarment from
future contracts, bids, proposals, or relationships for a period of not less
than 2 years and not more than 10 years. Reinstatement after 2 years and
before 10 years must be reviewed and commented on in writing by the Governor
of the State of Illinois, or by an executive ethics board or commission he or
she
might designate. The comment shall be returned to the responsible chief
procurement officer who must
rule in writing whether and when to reinstate.
(h) In addition, all disclosures shall note any other current or pending
contracts, proposals, leases, or other ongoing procurement relationships the
bidding, proposing, or offering entity has with any other unit of State
government and shall clearly identify the unit and the contract, proposal,
lease, or other relationship.
(Source: P.A. 90‑572, eff. 2‑6‑98; 91‑146, eff. 7‑16‑99.)
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(30 ILCS 500/50‑40)
Sec. 50‑40.
Reporting anticompetitive practices.
When, for any reason,
any
vendor, bidder, contractor, chief procurement officer, State purchasing
officer, designee, elected official, or State
employee suspects collusion or other anticompetitive practice among any
bidders, offerors, contractors, proposers, or employees of the State, a notice
of the relevant facts shall be transmitted to the Attorney General and the
chief procurement officer.
(Source: P.A. 90‑572, eff. 2‑6‑98.)
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(30 ILCS 500/50‑45)
Sec. 50‑45.
Confidentiality.
Any chief procurement officer, State
purchasing officer, designee, or executive officer
who willfully uses or allows the use of specifications,
competitive bid documents, proprietary competitive information, proposals,
contracts, or selection information to compromise the fairness or integrity of
the procurement, bidding, 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. 90‑572, eff. 2‑6‑98.)
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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 is entered into or purchase
or expenditure of funds is made in violation of this Code or any other law,
the contract 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 contracting agency determines
that the contractor is delinquent in the payment of debt as set forth in
Section 50‑11 of this Code, the State agency may declare the contract void if
it determines that voiding the contract is in the best interests of the State.
The Debt Collection Board shall adopt rules for the implementation of this
subsection (b).
(c) If, during the term of a contract, the contracting agency determines
that the contractor is in violation of Section 50‑10.5 of this Code, the
contracting
agency shall declare the contract void.
(Source: P.A. 92‑404, eff. 7‑1‑02; 93‑600, eff. 1‑1‑04.)
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(30 ILCS 500/50‑65)
Sec. 50‑65.
Contractor suspension.
Any contractor 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 may be debarred in accordance with rules promulgated by the chief
procurement officer or as otherwise provided by law.
(Source: P.A. 93‑77, eff. 7‑2‑03.)
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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 1961;
(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; and
(7) the Drug Free Workplace Act.
(Source: P.A. 90‑572, eff. 2‑6‑98.)
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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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