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70 ILCS 2605/11.24
(70 ILCS 2605/11.24) (from Ch. 42, par. 331.24)
Sec. 11.24. (a) A person or business entity shall be disqualified
from doing business with The Metropolitan Sanitary District of Greater
Chicago for a period of 5 years from the date of conviction or entry of
a plea or admission of guilt, if that person or business entity:
1. has been convicted of an act of bribery or | | attempting to bribe an officer or employee of the federal government or of a unit of any state or local government or school district in that officer's or employee's official capacity; or
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2. has been convicted of an act of bid-rigging or
| | attempting to rig bids as defined in the Federal Sherman Anti-Trust Act and Clayton Act; or
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3. has been convicted of bid-rigging or attempting
| | to rig bids under the laws of the State of Illinois or any other state; or
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4. has been convicted of an act of price-fixing or
| | attempting to fix prices as defined by the Federal Sherman Anti-Trust Act and Clayton Act; or
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5. has been convicted of price-fixing or attempting
| | to fix prices under the laws of the State of Illinois or any other state; or
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6. has been convicted of defrauding or attempting to
| | defraud the Federal government or a unit of any state or local government or school district; or
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7. has made an admission of guilt of such conduct as
| | set forth in subsections 1 through 6 above, which admission is a matter of record, whether or not such person or business entity was subject to prosecution for the offense or offenses admitted to; or
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8. has entered a plea of nolo contendere to charges
| | of bribery, price-fixing, bid-rigging, or fraud as set forth in subsections 1 through 6 above.
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(b) "Business entity" as used in this section means a corporation,
partnership, trust, association, unincorporated business or individually
owned business.
(c) A business entity shall be disqualified if the following
persons are convicted of, have made an admission of guilt, or enter
a plea of nolo contendere to a disqualifying act described in
paragraph (a), subsections 1 through 6, regardless of whether or
not the disqualifying act was committed on behalf or for the benefit
of such business entity:
(1) a person owning or controlling, directly or
| | indirectly, 20% or more of its outstanding shares; or
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(2) a member of its board of directors; or
(3) an agent, officer or employee of such business
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(d) Disqualification Procedure. After bids are received,
whether in response to a solicitation for bids or public advertising
for bids, if it shall come to the attention of the director of procurement and materials management
that a bidder has been convicted, made an admission of guilt, a plea
of nolo contendere, or otherwise falls within one or more of the
categories set forth in paragraphs (a), (b) or (c) of this Section,
the director of procurement and materials management shall notify the bidder by certified mail,
return receipt requested, that such bidder is disqualified from doing
business with the Sanitary District. The notice shall specify the
reasons for disqualification.
(e) Review Board. A review board consisting of 3 individuals
shall be appointed by the Executive Director of the Sanitary
District. The board shall select a chairman from its own members.
A majority of the members shall constitute a quorum and all matters
coming before the board shall be determined by a majority. All members
of the review board shall serve without compensation, but shall be
reimbursed actual expenses.
(f) Review. The director of procurement and materials management's determination of disqualification
shall be final as of the date of the notice of disqualification unless,
within 10 calendar days thereafter, the disqualified bidder files with
the director of procurement and materials management a notice of appeal. The notice of appeal shall
specify the exceptions to the director of procurement and materials management's determination and shall
include a request for a hearing, if one is desired.
Upon receipt of the notice of appeal, the director of procurement and materials management shall
provide a copy to each member of the review board. If the notice
does not contain a request for a hearing, the director of procurement and materials management may
request one within 5 days after receipt of the notice of appeal. If
a hearing is not requested, the review board may, but need not, hold
a hearing.
If a hearing is not requested, the review board, unless it decides
to hold a hearing, shall review the notice of disqualification, the
notice of appeal and any other supporting documents which may be filed
by either party. Within 15 days after the notice of appeal is filed, the review
board shall either affirm or reverse the director of procurement and materials management's determination
of disqualification and shall transmit a copy to each party by certified
mail, return receipt requested.
If there is a hearing, the hearing shall commence within 15 days
after the filing of the notice of appeal. A notice of hearing shall be
transmitted to the director of procurement and materials management and the disqualified bidder not later
than 12 calendar days prior to the hearing date, by certified mail, return
receipt requested.
Evidence shall be limited to the factual issues involved. Either
party may present evidence and persons with relevant information may
testify, under oath, before a certified reporter. Strict rules of
evidence shall not apply to the proceedings, but the review board shall
strive to elicit the facts fully and in credible form. The disqualified
bidder may be represented by an attorney.
Within 10 calendar days after the conclusion of the hearing, the
review board shall make a finding as to whether or not the reasons given
in the director of procurement and materials management's notice of disqualification apply to the bidder,
and an appropriate order shall be entered. A copy of the order shall be
transmitted to the director of procurement and materials management and the bidder by certified mail,
return receipt requested.
(g) All final decisions of the review board shall be subject to
review under the Administrative Review Law.
(h) Notwithstanding any other provision of this section to the
contrary, the Sanitary District may do business with any person or
business entity when it is determined by the director of procurement and materials management to be in
the best interest of the Sanitary District, such as, but not limited to
contracts for materials or services economically procurable only from a
single source.
(Source: P.A. 95-923, eff. 1-1-09.)
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