§4.5620. Violation of Statute or Rule

a)         Determination that Solicitation or Award Violates Statute or Rule

If the CPO-HE or the SPO finds that the solicitation or proposed award is in violation of statute or rule, the CPO-HE or SPO may cancel the solicitation or proposed award, or make modifications to correct the violation, if the correction may be legally accomplished.

 

b)         Determination that Contract Violates the Code or this Part

 

1)         If any contract or amendment to a contract is entered into, or purchase or expenditure of funds is made, at any time in violation of this Part or any other law, the contract or amendment may be declared void by the CPO-HE or may be ratified or affirmed, provided the CPO-HE determines that ratification is in the best interest of the State.  If the contract is ratified and affirmed, it shall be without prejudice to the State's right to any appropriate damages.

 

2)         If, during the term of a contract, the SPO determines that the contractor is delinquent in the payment of debt as set forth in Section 50-11 of the Code, the CPO-HE may declare the contract void if it determines that voiding the contract is in the best interest of the State.

 

3)         If, during the term of a contract, the CPO-HE learns from an annual certification or otherwise determines that the contractor or subcontractor no longer qualifies to enter into State contracts, the CPO-HE may declare the contract void if it determines that voiding the contract is in the best interests of the State.  However, the related contract shall not be declared void unless the contractor refuses to terminate the subcontract upon the State's request after a finding that the subcontractor no longer qualifies to enter into State contracts. [30 ILCS 500/50-60(e)]

 

c)         Effect of Declaring a Contract Null and Void

In all cases in which a contract is voided, the university shall endeavor to return those supplies delivered under the contract that have not been used or distributed.  No further payments shall be made under the contract.

 

(Source:  Amended at 40 Ill. Reg. 456, effective January 15, 2016)