Section 500.1300  Suspension and Debarment

a)         Application

This Section applies to all debarments or suspensions of vendors from consideration for award of contracts.  For purposes of this Section, references to "vendors" includes subcontractors.

b)         The CPO may suspend a vendor from doing business with the OAG, or from providing specific types of supplies or services.  A suspension may be issued for cause for a period of up to 10 years upon a showing the contractor or subcontractor violated any law governing the procurement transaction or this Part, or failed to conform to specifications or terms of delivery.

c)         When the CPO finds cause exists for suspension or debarment, a notice of suspension or debarment, including a copy of that determination, shall be sent to the vendor. Offers will not be solicited from the vendor and, if received, will not be considered during the period of suspension or debarment.

d)         The CPO may suspend a vendor for a period of time commensurate with the seriousness of the offense, but for no more than 10 years.  The suspension will be effective 7 calendar days after receipt of notice unless, an objection is filed.  If an objection is filed, the suspension shall not become effective until the evaluation of the objection is completed.

e)         The CPO may debar a vendor.  Debarment is the permanent suspension of a vendor from doing business with the OAG.  A debarment may only take place in those instances involving bribery or attempted bribery of a State of Illinois officer or employee, or as otherwise allowed or required by law.  Offers received from the debarred vendor or proposing the use of a debarred subcontractor will not be considered as responsive.  The debarment will be effective 7 calendar days after receipt of notice, unless an objection is filed.  If an objection is filed, the debarment shall not become effective until the evaluation of the objection is completed.

f)         The CPO shall post the public record of suspensions and debarments that are currently in effect in the Auditor General Bulletin.

g)         A vendor objecting to the suspension or debarment shall do so in writing, detailing why the action is not valid and providing any documentation to support that position.  The vendor may request a hearing.  This hearing shall be conducted in accordance with Section 500.1340.

h)         The CPO shall maintain a master list of all suspensions and debarments.   The master list shall retain information concerning suspensions and debarments as public records.  These records will be maintained for a period of at least 3 years following the end of the suspension or debarment.  This public information may be considered in determining responsibility.

(Source:  Amended at 37 Ill. Reg. 3741, effective April 1, 2013)