Illinois General Assembly - Illinois Compiled Statutes

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30 ILCS 500/50-60

(30 ILCS 500/50-60)

Sec. 50-60. Voidable contracts.

(a) If any contract or amendment thereto is entered into or purchase
or expenditure of funds is made at any time in violation of this Code or any other law,
the contract or amendment thereto may be declared void by the chief procurement officer or may be
ratified and affirmed,
provided the chief procurement officer determines that ratification is in the
best interests of the
State.  If the contract is ratified and affirmed, it shall be without prejudice
to the State's rights to any appropriate damages.

(b) If, during the term of a contract, the chief procurement officer determines
that the contractor is delinquent in the payment of debt as set forth in
Section 50-11 of this Code, the  chief procurement officer may declare the contract void if
it determines that voiding the contract is in the best interests of the State.
The Debt Collection Bureau shall adopt rules for the implementation of this
subsection (b).

(c) If, during the term of a contract, the  chief procurement officer determines
that the contractor is in violation of Section 50-10.5 of this Code, the
 chief procurement officer shall declare the contract void.

(d)  If, during the term of a contract, the contracting agency learns from an annual certification or otherwise determines that the contractor no longer qualifies to enter into State contracts by reason of Section 50-5, 50-10, 50-12, 50-14, or 50-14.5 of this Article, the chief procurement officer may declare the contract void if it determines that voiding the contract is in the best interests of the State.

(e)  If, during the term of a contract, the chief procurement officer learns from an annual certification or otherwise determines that a subcontractor subject to Section 20-120 no longer qualifies to enter into State contracts by reason of Section 50-5, 50-10, 50-10.5, 50-11, 50-12, 50-14, or 50-14.5 of this Article, the chief procurement officer may declare the related contract void if it determines that voiding the contract is in the best interests of the State. However, the related contract shall not be declared void unless the contractor refuses to terminate the subcontract upon the State's request after a finding that the subcontractor no longer qualifies to enter into State contracts by reason of one of the Sections listed in this subsection.

(f) The changes to this Section made by Public Act 96-795 apply to actions taken by the chief procurement officer on or after July 1, 2010.

(Source: P.A. 96-493, eff. 1-1-10; 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793 for the effective date of changes made by P.A. 96-795); 96-1000, eff. 7-2-10; 97-895, eff. 8-3-12.)