Ill. Admin. Code tit. 44 § 8.5005

Current through Register Vol. 48, No. 45, November 8, 2024

Section 8.5005 - 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 or branch of the federal government in that officer's or employee's official capacity; or

2) Has made an admission of guilt of the conduct described in subsection (a)(1) as a matter of record, but has not been prosecuted for that conduct.

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 described in subsection (a)(1) 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 which 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 -4(a)(2)].

c) Conduct on Behalf of Business

For purposes of this Section, when an official, agent or employee of a business commits the acts contained in subsection (a)(1) 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, for purposes of this Section, with that conduct.

d) Certification

Every bid submitted to and contract executed by the State and every subcontract subject to Section 20-120 of this Code shall contain a certification by the contractor or the subcontractor, respectively, that the contractor or subcontractor is not barred from being awarded a contract or subcontract under this Section, and acknowledges that the CPO may declare the related contract void if any certifications required by this 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 subcontractor 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 ]

Ill. Admin. Code tit. 44, § 8.5005

Adopted at 38 Ill. Reg. 10903, effective 5/7/2014.