Section 1.5002  Continuing Disclosure; False Certification

a)         All contractors and subcontractors have a continuing obligation to supplement the disclosures and certifications required by this Section for the duration of the contract and shall report any changes to their disclosures or certifications to the agency and CPO-GS.  Multi-year contracts and subcontracts are subject to the annual recertification requirements of Section 50-2 of the Code.  Every person that has entered into a multi-year contract and every subcontractor with a multi-year subcontract subject to the Code, shall certify, by July 1 of each fiscal year covered by the contract after the initial fiscal year, to the responsible CPO-GS whether it continues to satisfy the requirements of Article 50 of the Code pertaining to eligibility for a contract award.  If a contractor or subcontractor is not able to truthfully certify that it continues to meet all requirements, it shall provide with its certification a detailed explanation of the circumstances leading to the change in certification status.  A contractor or subcontractor that makes a false statement material to any given certification required under Article 50 of the Code is, in addition to any other penalties or consequences prescribed by law, subject to liability under the Illinois False Claims Act [740 ILCS 175] for submission of a false claim. [30 ILCS 500/50-2]

b)        The CPO-GS may prescribe a standard format for certification and may include certifications as part of the prequalification process.

c)         Should a vendor be unable to certify that it continues to meet requirements of Article 50 of the Code, the relevant information shall be submitted to the SPO for review and disposition.

d)        Annual certification through the vendor portal pursuant to Section 1.535 satisfies the requirements of this Section.

e)         No continuing certification is required if a contractor or subcontractor continues to meet all the requirements of Article 50 of the Code or if the work under the contract or subcontract is substantially completed.

(Source:  Amended at 46 Ill. Reg. 10208, effective June 2, 2022)