Ill. Admin. Code tit. 44 § 4.5005

Current through Register Vol. 49, No. 2, January 10, 2025

Section 4.5005 - Bribery

a)Prohibition

No person or business shall be awarded a contract or subcontract who:

1)Has been convicted under the laws of Illinois or any other state of bribery or attempting to bribe an officer or employee of the State of Illinois or any other state in that officer's or employee's official capacity; or

2)Has made an admission of guilt of that conduct that is a matter of record but has not been prosecuted for that conduct. [ 30 ILCS 500/50-5(a) ]

b)Businesses

No business shall be barred from contracting with any unit of State or local government, or subcontracting under such a contract, as a result of a conviction under this Section of any employee or agent of the business if the employee or agent is no longer employed by the business and:

1)The business has been finally adjudicated not guilty; or

2)The business demonstrates to the governmental entity with which it seeks to contract, or that is a signatory to the contract to which the subcontract relates, and that entity finds that the commission of the offense was not authorized, requested, commanded or performed by a director, officer or high managerial agent on behalf of the business, as provided in Section 5-4(a)(2) of the Criminal Code of 2012 [ 720 ILCS 5 ].[ 30 ILCS 500/50-5(b) ]

c)Conduct on Behalf of Business

For purposes of this Section, when an official, agent or employee of a business committed the bribery or attempted bribery on behalf of the business and in accordance with the direction or authorization of a responsible official of the business, the business shall be chargeable with the conduct. [ 30 ILCS 500/50-5(c) ]

d)Certification

Every bid or offer submitted to every contract executed by the State, and every subcontract subject to Section 20-120 of the Code, and every vendor's submission to a vendor portal shall contain a certification by the bidder, offeror, potential contractor, contractor, or the subcontractor, respectively, that the bidder, offeror, potential contractor, contractor or subcontractor is not barred from being awarded a contract or subcontract under this Section 50-5 of the Code, and acknowledges that the CPO-HE may declare the related contract void if any certifications required by that Section are false. If the false certification is made by a subcontractor, then the contractor's submitted bid 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 subcontractor's certification was false. A contractor or subcontractor who makes a false statement, material to the certification, commits a Class 3 felony. [ 30 ILCS 500/50-5(d) ]

Ill. Admin. Code tit. 44, § 4.5005

Added at 36 Ill. Reg. 10951, effective August 6, 2012

Amended at 40 Ill. Reg. 456, effective 1/15/2016

Amended at 43 Ill. Reg. 1781, effective 2/15/2019