§ 50-57 — Curability

(a) If, during an active procurement, a violation or deficiency of this Code, or of the procurement rules, regulations, policies, or practices promulgated by a chief procurement officer under this Code occurs, then, at the request of the State purchasing officer and agency head, the chief procurement officer may determine that curing the violation or deficiency is in the best interest of the State. The request to cure shall be in writing and include a clear description of the violation or deficiency. The State purchasing officer and agency head shall request a cure only when the integrity, transparency, and efficiency of the procurement can be maintained. In making a determination, the chief procurement officer shall consider the harm to stakeholders and the value to the State in permitting the cure and the seriousness of the violation or deficiency. The determination shall be in writing and include the basis for permitting or denying the request. If a cure is permitted, the determination shall include a clear description of the action necessary to cure the violation or deficiency. (b) The chief procurement officer shall post all determinations on his or her official website within 14 days after completion of the procurement. The chief procurement officer shall report to the Governor and General Assembly, by no later than November 1 of each year, a summary of determinations for the previous fiscal year. Permitting a cure does not absolve any person, as defined in Section 1-15.55, from any penalties in law. Each chief procurement officer may adopt rules to implement and administer this Section.

Legislative History

(Source: P.A. 103-865, eff. 1-1-25 .)