a)
Introduction
Illinois law [
10 ILCS
5/9-35 and 30 ILCS 500/20-160 and 50-37] (the
statutes) restricts political contributions by vendors and affiliated entities;
requires registration with the State Board of Elections (SBEL); requires a copy
of the registration certificate stamped by SBEL (Registration Certificate) to
be submitted with bids/proposals and contracts; and requires solicitation and
contract certifications relative to the requirements of the law. This Section
supplements requirements found in the 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 Illinois Procurement 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, 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, or Chief Executive Officer of a business entity and any other
individual that fulfills equivalent duties as the President, Chairman of the
Board, or Chief Executive Officer of a business entity.
B) any employee of a business entity 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) A copy of the Registration Certificate
must be submitted with bids/proposals.
2) If the Registration Certificate is not
timely submitted, the SOS will reject the bid/proposal.
3) The SOS will not reject a bid/proposal if
absence of the Registration Certificate is the result of delay or error by the
State, but will require the Registration Certificate before making an
award.
d) Contracts
A copy of the Registration Certificate must be in the
procurement file 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 and make the
appropriate contract certification, if it has not already done so.
2) For indefinite quantity/estimated value
contracts, a vendor who is otherwise not required to register shall register
with SBEL when the value of orders placed pursuant to an indefinite/estimated
value contract plus all other contracts and bids/proposals exceeds
$50,000.
3) 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, the vendor must provide the Registration Certificate and make the
appropriate contract certification, if it has not already done so.
4) 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. 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.
5) Contract certification
required by the statutes shall be included in or added to each contract that
must be filed with the State Comptroller pursuant to Section 20-80 of the
Illinois Procurement Code and those written, two-party contracts that need not
be filed with the Comptroller. The SOS may require written confirmation of the
rule-imposed certification at any time.