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91_HB0279eng
HB0279 Engrossed LRB9101503REksA
1 AN ACT concerning State contracts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Procurement Code is amended by
5 changing Section 50-65 as follows:
6 (30 ILCS 500/50-65)
7 Sec. 50-65. Contractor Suspension and debarment.
8 (a) Any person contractor may be suspended for cause in
9 accordance with rules promulgated by the chief procurement
10 officer for violation of this Code, or for failure to conform
11 to specifications or terms of delivery, or for other acts or
12 omissions that indicate a lack of integrity and honesty in
13 the conduct of business or the performance of contracts.
14 Suspension shall be for cause and may be for a period of up
15 to 5 years at the discretion of the applicable chief
16 procurement officer. A person Contractors may be debarred in
17 accordance with rules promulgated by the chief procurement
18 officer or as otherwise provided by law. A person shall be
19 debarred upon conviction for any felony, committed in
20 connection with the procurement of or performance of a
21 federal, State, or local contract, that involves fraud,
22 bribery, embezzlement, theft, conspiracy, collusion,
23 anti-competitive practices, or other acts indicating a lack
24 of integrity or honesty in the procurement of or performance
25 of contracts.
26 (b) Suspension or debarment of a person under this
27 Section applies to any affiliates of the person existing at
28 the time of the suspension or debarment and to any business
29 or affiliate of the person that is formed after the time of
30 the suspension or debarment.
31 (c) No business may be debarred from contracting with a
HB0279 Engrossed -2- LRB9101503REksA
1 State agency or a unit of local government under this Section
2 as a result of the conviction of a principal of that business
3 if the principal is no longer employed by or otherwise
4 involved with that business and (i) the business has been
5 adjudicated not guilty or (ii) the business demonstrates to
6 the chief procurement officer that the commission of the
7 offense was not authorized, requested, commanded, or
8 performed by the board of directors or a member of the board,
9 an officer, or a high managerial agent acting within the
10 scope of his or her employment. When a principal acts on
11 behalf of the business or with the direction or authorization
12 of a responsible official of the business, the business may
13 be chargeable with the conduct.
14 (d) In this Section:
15 (1) "Affiliate" means any business that a person
16 controls or has the power to control.
17 (2) "Anti-competitive practice" means any act that
18 undermines the principles of competitive bidding and the
19 provisions of this Code, including but not limited to,
20 acts prohibited under Section 50-25 of this Code and
21 bid-rigging as defined in Section 33E-3 of the Criminal
22 Code of 1961, and bed-rotating as defined in Section
23 33E-4 of the Criminal Code of 1961.
24 (3) "Conviction" means the same as in Section 2-5
25 of the Criminal Code of 1961 and includes a plea of nolo
26 contendere.
27 (4) "Debarred" means permanently barred from
28 participating, in any capacity, in a contract with a
29 State agency or in a contract with a unit of local
30 government if the contract is subject to approval or
31 financial participation by a State agency.
32 (5) "Person" means the same as in Section 1-15.55.
33 (6) "Principal" means an owner, partner, manager,
34 director, officer, key employee, or other person in a
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1 business who exercises managerial or supervisory
2 responsibility.
3 (Source: P.A. 90-572, eff. 2-6-98.)
4 Section 10. The Criminal Code of 1961 is amended by
5 changing Section 33E-3 as follows:
6 (720 ILCS 5/33E-3) (from Ch. 38, par. 33E-3)
7 Sec. 33E-3. Bid-rigging. A person commits the offense
8 of bid-rigging when he knowingly agrees with any person who
9 is, or but for such agreement would be, a competitor of such
10 person concerning any bid submitted or not submitted by such
11 person or another to a unit of State or local government when
12 with the intent that the bid submitted or not submitted will
13 result in the award of a contract to such person or another
14 and he either (1) provides such person or receives from
15 another information concerning the price or other material
16 term or terms of the bid which would otherwise not be
17 disclosed to a competitor in an independent noncollusive
18 submission of bids or (2) submits a bid that is of such a
19 price or other material term or terms that he does not intend
20 the bid to be accepted.
21 Bid-rigging is a Class 3 felony. Any person convicted of
22 this offense or any similar offense of any state or the
23 United States which contains the same elements as this
24 offense shall be permanently barred for 5 years from the date
25 of conviction from contracting with any unit of State or
26 local government. No corporation shall be barred from
27 contracting with any unit of State or local government as a
28 result of a conviction under this Section of any employee or
29 agent of such corporation if the employee so convicted is no
30 longer employed by the corporation and: (1) it has been
31 finally adjudicated not guilty or (2) if it demonstrates to
32 the governmental entity with which it seeks to contract and
HB0279 Engrossed -4- LRB9101503REksA
1 that entity finds that the commission of the offense was
2 neither authorized, requested, commanded, nor performed by a
3 director, officer or a high managerial agent in behalf of the
4 corporation as provided in paragraph (2) of subsection (a) of
5 Section 5-4 of this Code.
6 (Source: P.A. 86-150.)
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