§ 50-11 — Debt delinquency

Illinois § 50-11

• Jurisdiction: Illinois
• Topic: GOVERNMENT
• Ch. 30: FINANCE
• Act 30 ILCS 500/: Illinois Procurement Code.
• Art.: Article 50 - Procurement Ethics and Disclosure

Text

(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.

Legislative History

(Source: P.A. 102-721, eff. 1-1-23 .)