Current through Register Vol. 48, No. 38, September 20, 2024
a)
Introduction
Illinois statutes [10 ILCS 5/9-35 and 30 ILCS 500/20-160 and
50-37] restrict political contributions by vendors that are business entities
and their affiliated entities and persons; require registration with the State
Board of Elections (SBEL); require the CPO to verify that the business entity
is required to register with SBEL and is in compliance with registration
requirements as of the date bids or proposals are due; and require solicitation
and contract certifications of the vendor relative to the requirements of these
statutes. This Section supplements requirements found in those statutes and
does not excuse compliance with any of those requirements.
b) General Registration Requirements
1) These requirements apply to contracts,
bids and proposals that are subject to the Code:
A) Bids/proposals referenced in this Section
are those submitted in response to a competitive solicitation that is posted to
the Bulletin on or after January 1, 2009, regardless of the value assigned to
the procurement.
B) Bids and
proposals include pending bids and proposals.
C) These requirements generally apply to a
vendor whose existing State contracts have an aggregate value in excess of
$50,000, or whose aggregate value of bids/proposals for State contracts exceeds
$50,000, or whose aggregate value of State contracts and bids/proposals exceeds
$50,000.
D) This value is
calculated on a calendar-year basis.
2) On a calendar-year basis, each vendor or
potential vendor must keep track of the value of contracts and bids/proposals.
Vendors must register with SBEL when the vendor determines that the value of
the contracts and bids/proposals meets the threshold for
registration.
3) An "executive
employee" means:
A) the President, Chairman
of the Board, Chief Executive Officer and any other individuals who fulfill
equivalent duties as the President, Chairman of the Board, or Chief Executive
Officer; and
B) any employee whose
compensation is determined directly, in whole or in part, by the award or
payment of contracts by a State agency to the entity employing the employee,
irrespective of the employee's title or status in the business entity. For the
purposes of this subsection (b)(3)(B), compensation determined directly by
award or payment of contracts means a payment over and above regular salary
that would not be made if it were not for the award of the contract.
c) Bids and Proposals
1) In order to be considered for award, a
vendor who meets the requirements for registration must be registered with SBEL
as the date of the bid or offer is due and shall provide a copy of the
Registration Certificate or be able to produce the Registration Certificate on
that date.
2) If a vendor is not
registered by the date the bid or offer is due, CDB shall reject the bid or
offer as non-responsive.
3) Prior
to award or execution of contract, the SPO, or a designee of the SPO, shall
verify the vendor who meets the requirements for registration has registered
with SBEL and shall obtain a copy of the Registration Certificate.
d) Contracts
A copy of the Registration Certificate must be in the
procurement file in relation to any contract for which a vendor is required to
register as set forth in this subsection (d), unless the vendor certifies it is
not required to register.
1) For
contract renewals and extensions, if the value of the renewal or extension by
itself, or in combination with the contract being renewed/extended and other
contracts and bids/proposals, exceeds $50,000, the vendor must provide the
Registration Certificate upon request and make the appropriate contract
certification, if it has not already done so. The Registration Certificate may
be provided by reference to and incorporation of the vendor's prequalification
by the CPO.
2) CDB shall identify
in the solicitation whether the contract is estimated to exceed $50,000
annually. Vendors submitting bids or offers for master contracts estimated to
exceed $50,000 annually regardless of consumption are required to register with
SBEL.
3) For indefinite
quantity/estimated value contracts that are not estimated to exceed $50,000
annually, a vendor who is otherwise not required to register shall register
with SBEL when the maximum value of orders that may be placed pursuant to an
indefinite/estimated value contract, plus all other contracts and
bids/proposals, exceeds $50,000 annually. The vendor shall register with SBEL
within 10 business days after orders exceed $50,000.
4) For contract amendments, if the value of
the amendment, by itself or in combination with the contract being renewed plus
other contracts and bids/proposals exceeds $50,000 annually, the vendor must
provide the Registration Certificate upon request and make the appropriate
contract certification, if it has not already done so.
5) Any contracts mistakenly executed in
violation of this Section must be amended to include the contract
certifications, and the vendor must supply the Registration Certificate upon
request. If any violation by the vendor is not cured within 5 business days
after receipt of notification of the violation, the contract is voidable by the
State without penalty.
6)
Certification of the requirement to register with the State Board of Elections,
required by 30 ILCS 20 -160(a), shall be included in or added to each contract
that must be filed with the State Comptroller pursuant to Section 20-80 of the
Code and those written two-party contracts that need not be filed with the
Comptroller. Agencies may require written confirmation of the certification at
any time.
e) Voidable
contracts
Every solicitation issued and contract executed by the State
on or after January 2, 2009, shall contain a statement that the contract is
voidable under Section 50-60 if the bidder, offeror or contractor fails to
comply with Section 20-160 of the Code.
