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30 ILCS 500/50-11
(30 ILCS 500/50-11)
Sec. 50-11. Debt delinquency.
(a) If a person submits a bid or offer for, enters into a contract or subcontract under this Code, or makes a submission to a vendor portal and that person knows or should know that he or she or
any affiliate is
delinquent in the payment of any debt to the State, that person or affiliate must cure the debt delinquency within 7 calendar days by satisfying the entire debt, or the person or
affiliate must enter into a deferred payment plan to pay off the debt, subject to the Comptroller's ability to process the payment, or must be actively disputing or seeking a resolution of the debt. For purposes of this
Section, the phrase "delinquent in the payment of any debt" shall be determined
by the Debt Collection Bureau.
For purposes of this Section, the term "affiliate" means any entity that (1)
directly,
indirectly, or constructively controls another entity, (2) is directly,
indirectly, or
constructively controlled by another entity, or (3) is subject to the control
of
a common
entity. For purposes of this subsection (a), a person controls an entity if the
person owns,
directly or individually, more than 10% of the voting securities of that
entity.
As used in
this subsection (a), the term "voting security" means a security that (1)
confers upon the
holder the right to vote for the election of members of the board of directors
or similar
governing body of the business or (2) is convertible into, or entitles the
holder to receive
upon its exercise, a security that confers such a right to vote. A general
partnership
interest is a voting security.
(b) Every bid and offer submitted to the State, every vendor's submission to a vendor portal, every contract executed by the State and every subcontract subject to Section 20-120 of this Code shall contain
a certification by the bidder, offeror, potential contractor, contractor, or subcontractor, respectively, that the bidder, offeror, respondent, potential contractor, contractor or the subcontractor and its
affiliate is not barred
from being awarded a contract or subcontract under this Section and
acknowledges that the chief procurement officer may declare the related contract void if
any of the certifications completed pursuant to this subsection (b) are false. If the false certification is made by a subcontractor, then the contractor's submitted bid or offer and the executed contract may not be declared void, unless the contractor refuses to terminate the subcontract upon the State's request after a finding that the subcontract's certification was false.
(Source: P.A. 102-721, eff. 1-1-23.) |
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