TITLE 44: GOVERNMENT CONTRACTS, PROCUREMENTS AND PROPERTY MANAGEMENT
SUBTITLE B: SUPPLEMENTAL PROCUREMENT RULES
CHAPTER II: CHIEF PROCUREMENT OFFICER FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION
PART 526 PROCUREMENT RULES OF THE CHIEF PROCUREMENT OFFICER FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION
SECTION 526.5013 CONFLICTS OF INTEREST PROHIBITED BY THE CODE


 

Section 526.5013  Conflicts of Interest Prohibited by the Code

 

a)         Any bid, proposal, or offer the acceptance of which would result in any of the following types of contracts prohibited by Section 50-13 of the Code will be subject to rejection.

 

1)         Office or Employment.  Section 50-13(a) of the Code provides:

 

            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.

 

2)         Financial Interests.  Section 50-13(b) of the Code provides:

 

            It is unlawful for any firm, partnership, association, or corporation, in which any person as described in subsection (a) is entitled to receive more than 7 1/2% of the total distributable income or an amount in excess of the salary of the Governor, to have or acquire, obtain, any such contract or direct pecuniary interest therein.

 

3)         Combined Financial Interests.  Section 50-13(c) of the Code provides:

 

            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 more than 15%, in the aggregate, of the total distributable income or an amount in excess of 2 times the salary of the Governor, to have or acquire any such contract or direct pecuniary interest therein.

 

b)         For the purposes of this Section, an individual has a direct pecuniary interest in a contract when the individual is owed a payment or otherwise receives a direct financial benefit in conjunction with performance of a contract, and would include finders fees and commission payments.

 

c)         For the purposes of this Section, "distributable income" means the income of a company after payment of all expenses, including employee salary and bonus, and retained earnings, which is distributed to those entitled to receive a share of such income.

 

d)         This Section does not apply to those elected to local government, including school district, offices nor does it apply to those elected to federal offices in this State.  This Section does apply to those elected to an office of Illinois State government.

 

e)         Additional exceptions to the application of this Section are listed in Section 50-13(f) of the Code.