HB5100eng 103RD GENERAL ASSEMBLY

 


 
HB5100 EngrossedLRB103 37768 MXP 67897 b

1    AN ACT concerning finance.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Procurement Code is amended by
5changing Section 50-10.5 as follows:
 
6    (30 ILCS 500/50-10.5)
7    Sec. 50-10.5. Prohibited bidders, offerors, potential
8contractors, and contractors.
9    (a) Unless otherwise provided, no business shall bid,
10offer, enter into a contract or subcontract under this Code,
11or make a submission to a vendor portal if the business or any
12officer, director, partner, or other managerial agent of the
13business has been convicted of a felony under the
14Sarbanes-Oxley Act of 2002 or a Class 3 or Class 2 felony under
15the Illinois Securities Law of 1953 for a period of 5 years
16from the date of conviction.
17    (b) Every bid and offer submitted to the State, every
18contract executed by the State, every vendor's submission to a
19vendor portal, and every subcontract subject to Section 20-120
20of this Code shall contain a certification by the bidder,
21offeror, potential contractor, contractor, or subcontractor,
22respectively, that the bidder, offeror, potential contractor,
23contractor, or subcontractor is not barred from being awarded

 

 

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1a contract or subcontract under this Section and acknowledges
2that the chief procurement officer shall declare the related
3contract void if any of the certifications completed pursuant
4to this subsection (b) are false. If the false certification
5is made by a subcontractor, then the contractor's submitted
6bid or offer and the executed contract may not be declared
7void, unless the contractor refuses to terminate the
8subcontract upon the State's request after a finding that the
9subcontract's certification was false.
10    (c) If a business is not a natural person, the prohibition
11in subsection (a) applies only if:
12        (1) the business itself is convicted of a felony
13    referenced in subsection (a); or
14        (2) the business is ordered to pay punitive damages
15    based on the conduct of any officer, director, partner, or
16    other managerial agent who has been convicted of a felony
17    referenced in subsection (a).
18    (d) A natural person who is convicted of a felony
19referenced in subsection (a) remains subject to Section 50-10.
20    (e) No person or business shall bid, offer, make a
21submission to a vendor portal, or enter into a contract under
22this Code if the person or business assisted an employee of the
23State of Illinois, who, by the nature of his or her duties, has
24the authority to participate personally and substantially in
25the decision to award a State contract, by reviewing,
26drafting, directing, or preparing any invitation for bids, a

 

 

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1request for proposal, or request for information or provided
2similar assistance except as part of a publicly issued
3opportunity to review drafts of all or part of these
4documents.
5    This subsection does not prohibit a person or business
6from submitting a bid or offer or entering into a contract if
7the person or business: (i) initiates a communication with an
8employee to provide general information about products,
9services, or industry best practices, (ii) responds to a
10communication initiated by an employee of the State for the
11purposes of providing information to evaluate new products,
12trends, services, or technologies, or (iii) asks for
13clarification regarding a solicitation, so long as there is no
14competitive advantage to the person or business and the
15question and answer, if material, are posted to the Illinois
16Procurement Bulletin as an addendum to the solicitation.
17    Nothing in this Section prohibits a vendor developing
18technology, goods, or services from bidding or offering to
19supply that technology or those goods or services if the
20subject demonstrated to the State represents industry trends
21and innovation and is not specifically designed to meet the
22State's needs.
23    Nothing in this Section prohibits a person performing
24construction-related services from initiating contact with a
25business that performs construction for the purpose of
26obtaining market costs or production time to determine the

 

 

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1estimated costs to complete the construction project.
2    For purposes of this subsection (e), "business" includes
3all individuals with whom a business is affiliated, including,
4but not limited to, any officer, agent, employee, consultant,
5independent contractor, director, partner, or manager of a
6business.
7    No person or business shall submit specifications to a
8State agency unless requested to do so by an employee of the
9State. No person or business who contracts with a State agency
10to write specifications for a particular procurement need
11shall submit a bid or proposal or receive a contract for that
12procurement need.
13    Nothing in this subsection (e) shall prohibit a person or
14business from submitting an unsolicited proposal under Section
1519 of the Public-Private Partnership for Transportation Act.
16(Source: P.A. 100-43, eff. 8-9-17.)