Section 680.60  Failure to Comply

a)         Material Breach Due to Misrepresentation

1)         When the agency enters into a contract with a contractor, it shall be deemed to be a material breach of the contract and to entitle the agency to declare a default, terminate the contract, and exercise those remedies provided for in the contract, at law, or in equity if the contractor or subcontractor submits false or misleading information.  [30 ILCS 559/20-20(c)]

2)         When the agency enters into a Grant Agreement with a grantee, it shall be deemed to be a material breach of the Grant Agreement and to entitle the agency to declare a default, terminate the Grant Agreement, and exercise those remedies provided for in the Grant Agreement, at law, or in equity if the grantee submits false or misleading information.  [30 ILCS 559/20-20(c)]

b)         Intentional Failure to Comply; Permissible Penalties

1)         Intentional failure to comply with the Illinois Works Apprenticeship Initiative may result in the State agency that contracted or funded the public works project:

A)        terminating the contract or agreement involved;

B)        prohibiting the party that contracted with the State from participating in public contracts or agreements for a period not to exceed 3 years;

C)        seeking a penalty of up to 25% of the contract or agreement as a result of the violation; or

D)        any combination of items. [30 ILCS 559/20-20(c)]

2)         State agencies shall report to the Department all projects that did not comply with the Illinois Works Apprenticeship Initiative and any action taken against the noncompliant party and shall provide an action plan to address the reported instance of noncompliance with the Illinois Works Apprenticeship Initiative [30 ILCS 559/20-20(c)].

(Source:  Amended at 49 Ill. Reg. 7298, effective May 7, 2025)