Section 1400.5010  Bribery

a)         Prohibition

            No person or business will be awarded a contract or subcontract under this Part 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 the 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.

b)         Businesses

            No business will 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 guilty; or

2)         the business demonstrates to the governmental entity with which it seeks to contract, 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 1961 [720 ILCS 5/5-4(a)(2)].

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 will be chargeable with the conduct.

d)         Certification

            Every offer submitted to and contract executed by the State must contain a certification by the vendor that the vendor is not barred from being awarded a contract or subcontract under this Section.