Section 4.5014  Environmental Protection Act Violations

a)         Unless otherwise provided, no person or business found by a court or the Pollution Control Board to have committed a willful or knowing violation of the Environmental Protection Act [415 ILCS 5] shall do business with the State of Illinois or any university or enter into a subcontract from the date of the order containing the finding of violation until 5 years after that date, unless the person or business can show that no person involved with the violation continues to have any involvement with the business.  [30 ILCS 500/50-14(a)]

b)         A person or business otherwise barred by Section 50-14(a) of the Code from doing business with the State of Illinois and any university or any subcontractors under the Code may be allowed to do business with the State of Illinois or any university if it is shown that there is no practicable alternative to the State to contracting with that person or business.  [30 ILCS 500/50-14(b)]

c)         Every bid or offer submitted to the State, every contract executed by the State, every submission to a vendor portal, and every subcontract subject to Section 20-120 of the Code shall contain a certification by the bidder, offeror, potential contractor, contractor or subcontractor, respectively, that the bidder, offeror, potential contractor, contractor or subcontractor is not barred from being awarded a contract or subcontract under Section 50-14 of the Code and acknowledges that the contracting university may declare the related contract void if any of the certifications required by that Section are false.  If the false certification is made by a subcontractor, then the contractor's submitted bid 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 subcontractor's certification was false. [30 ILCS 500/50-14(c)]

(Source:  Amended at 43 Ill. Reg. 1781, effective February 15, 2019)