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(720 ILCS 5/33E-6) (from Ch. 38, par. 33E-6)
Sec. 33E-6.
Interference with contract submission and award by public
official. (a) Any person who is an official of or employed by any unit of
State or local government who knowingly conveys, either directly or indirectly,
outside of the publicly available official invitation to bid, pre-bid
conference, solicitation for contracts procedure or such procedure used
in any sheltered market procurement adopted pursuant to law or ordinance by
that unit of government, to any person any information concerning the
specifications for such contract or the identity of any particular
potential subcontractors, when inclusion of such information concerning the
specifications or contractors in the bid or offer would influence the
likelihood of acceptance of such bid or offer, commits a Class 4 felony.
It shall not constitute a violation of this subsection to convey
information intended to clarify plans or specifications regarding a public
contract where such disclosure of information is also made generally
available to the public.
(b) Any person who is an official of or employed by any unit of State or
local government who, either directly or indirectly, knowingly informs a
bidder or offeror that the bid or offer will be accepted or executed only
if specified individuals are included as subcontractors commits a Class 3
felony.
(c) It shall not constitute a violation of subsection (a) of this
Section where any person who is an official of or employed by any unit of
State or local government follows procedures established (i) by federal,
State or local minority or female owned business enterprise programs or (ii) pursuant to Section 45-57 of the Illinois Procurement Code.
(d) Any bidder or offeror who is the recipient of communications from
the unit of government which he reasonably believes to be proscribed by
subsections (a) or (b), and fails to inform either the Attorney General or
the State's Attorney for the county in which the unit of government is
located, commits a Class A misdemeanor.
(e) Any public official who knowingly awards a contract based on
criteria which were not publicly disseminated via the invitation to bid,
when such invitation to bid is required by law or ordinance, the pre-bid
conference, or any solicitation for contracts procedure or such
procedure used in any sheltered market procurement procedure adopted
pursuant to statute or ordinance, commits a Class 3 felony.
(f) It shall not constitute a violation of subsection (a) for any
person who is an official of or employed by any unit of State or local
government to provide to any person a copy of the transcript or other
summary of any pre-bid conference where such transcript or summary is also
made generally available to the public.
(Source: P.A. 97-260, eff. 8-5-11.)
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