a)
Prohibition
No person or business shall be awarded a contract or
subcontract 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
2)
Has made an
admission of guilt of that conduct that is a matter of record but has not been
prosecuted for that conduct. [30 ILCS
500/50-5(A)]
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 guilty; or
2)
The business demonstrates to the
governmental entity with which it seeks to contract, or that 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 Section 5-4(a)(2) of the Criminal Code of 2012.
[30 ILCS
500/50-5(b)]
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. [30 ILCS
500/50-5(c)]
d)
Certification
Every bid, offer, response, submission,
quotation or quote submitted to every contract executed by the State,
every subcontract subject to Section 20-120 of the Code, and every vendor's
submission to a vendor portal shall contain a certification by the bidder,
offeror, respondent, submitter, person who submits a quotation or
quote, potential contractor, contractor or subcontractor, respectively,
that the bidder, offeror, respondent, submitter, person who submits a
quotation or quote, potential contractor, contractor or subcontractor
is not barred from being awarded a contract or subcontract under Section 50-5
of the Code, and acknowledges that the CPO-GS may declare the
related contract void if any certifications required by that Section are false.
If the false certification is made by a subcontractor, then the contractor's
submitted bid, offer, response, submission, quotation or quote
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 subcontractor's certification was false. A contractor or
subcontractor who makes a false statement, material to the certification,
commits a Class 3 felony. [30 ILCS
500/50-5(d)]
