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| [ Senate Amendment 002 ] |
91_HB0279ham001
LRB9101503MWgcam03
1 AMENDMENT TO HOUSE BILL 279
2 AMENDMENT NO. . Amend House Bill 279 by replacing
3 the title with the following:
4 "AN ACT concerning State contracts."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 5. The Illinois Procurement Code is amended by
8 changing Section 50-65 as follows:
9 (30 ILCS 500/50-65)
10 Sec. 50-65. Contractor Suspension and debarment.
11 (a) Any person contractor may be suspended for cause in
12 accordance with rules promulgated by the chief procurement
13 officer for violation of this Code, or for failure to conform
14 to specifications or terms of delivery, or for other acts or
15 omissions that indicate a lack of integrity and honesty in
16 the conduct of business or the performance of contracts.
17 Suspension shall be for cause and may be for a period of up
18 to 5 years at the discretion of the applicable chief
19 procurement officer. A person Contractors may be debarred in
20 accordance with rules promulgated by the chief procurement
21 officer or as otherwise provided by law. A person shall be
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1 debarred upon conviction for any felony, committed in
2 connection with the procurement of or performance of a
3 federal, State, or local contract, that involves fraud,
4 bribery, embezzlement, theft, conspiracy, collusion,
5 anti-competitive practices, or other acts indicating a lack
6 of integrity or honesty in the procurement of or performance
7 of contracts.
8 (b) Suspension or debarment of a person under this
9 Section applies to any affiliates of the person existing at
10 the time of the suspension or debarment and to any business
11 or affiliate of the person that is formed after the time of
12 the suspension or debarment.
13 (c) No business may be debarred from contracting with a
14 State agency or a unit of local government under this Section
15 as a result of the conviction of a principal of that business
16 if the principal is no longer employed by or otherwise
17 involved with that business and (i) the business has been
18 adjudicated not guilty or (ii) the business demonstrates to
19 the chief procurement officer that the commission of the
20 offense was not authorized, requested, commanded, or
21 performed by the board of directors or a member of the board,
22 an officer, or a high managerial agent acting within the
23 scope of his or her employment. When a principal acts on
24 behalf of the business or with the direction or authorization
25 of a responsible official of the business, the business may
26 be chargeable with the conduct.
27 (d) In this Section:
28 (1) "Affiliate" means any business that a person
29 controls or has the power to control.
30 (2) "Anti-competitive practice" means any act that
31 undermines the principles of competitive bidding and the
32 provisions of this Code, including but not limited to,
33 acts prohibited under Section 50-25 of this Code and
34 bid-rigging as defined in Section 33E-3 of the Criminal
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1 Code of 1961, and bed-rotating as defined in Section
2 33E-4 of the Criminal Code of 1961.
3 (3) "Conviction" means the same as in Section 2-5
4 of the Criminal Code of 1961 and includes a plea of nolo
5 contendere.
6 (4) "Debarred" means permanently barred from
7 participating, in any capacity, in a contract with a
8 State agency or in a contract with a unit of local
9 government if the contract is subject to approval or
10 financial participation by a State agency.
11 (5) "Person" means the same as in Section 1-15.55.
12 (6) "Principal" means an owner, partner, manager,
13 director, officer, key employee, or other person in a
14 business who exercise managerial or supervisory
15 responsibility.
16 (Source: P.A. 90-572, eff. 2-6-98.)
17 Section 10. The Criminal Code of 1961 is amended by
18 changing Section 33E-3 as follows:
19 (720 ILCS 5/33E-3) (from Ch. 38, par. 33E-3)
20 Sec. 33E-3. Bid-rigging. A person commits the offense
21 of bid-rigging when he knowingly agrees with any person who
22 is, or but for such agreement would be, a competitor of such
23 person concerning any bid submitted or not submitted by such
24 person or another to a unit of State or local government when
25 with the intent that the bid submitted or not submitted will
26 result in the award of a contract to such person or another
27 and he either (1) provides such person or receives from
28 another information concerning the price or other material
29 term or terms of the bid which would otherwise not be
30 disclosed to a competitor in an independent noncollusive
31 submission of bids or (2) submits a bid that is of such a
32 price or other material term or terms that he does not intend
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1 the bid to be accepted.
2 Bid-rigging is a Class 3 felony. Any person convicted of
3 this offense or any similar offense of any state or the
4 United States which contains the same elements as this
5 offense shall be permanently barred for 5 years from the date
6 of conviction from contracting with any unit of State or
7 local government. No corporation shall be barred from
8 contracting with any unit of State or local government as a
9 result of a conviction under this Section of any employee or
10 agent of such corporation if the employee so convicted is no
11 longer employed by the corporation and: (1) it has been
12 finally adjudicated not guilty or (2) if it demonstrates to
13 the governmental entity with which it seeks to contract and
14 that entity finds that the commission of the offense was
15 neither authorized, requested, commanded, nor performed by a
16 director, officer or a high managerial agent in behalf of the
17 corporation as provided in paragraph (2) of subsection (a) of
18 Section 5-4 of this Code.
19 (Source: P.A. 86-150.)".