44 Ill. Adm. Code 1120.5013
Conflicts of Interest Prohibited by the Code
Section 1120
Section 1120.5013 Conflicts
of Interest
Prohibited by the Code
a) Any bid, proposal, offer of acceptance, or proposed contract
must be reviewed for conflicts of interest pursuant to Section 50-13 of the
Code. If a conflict is found, no contract will be executed unless the CPO
requests and is granted an exemption by the Comptroller under Section 1120.5020
of this Part.
b) For the purpose of this Part, an individual has a direct
pecuniary interest in a contract when the individual is owed a payment or
otherwise received a direct financial benefit in conjunction with performance
of a contract, including finders fees and commission payments.
c) Distributable income means the income of a company after
payment of all expenses, including employee salary and bonus, and retained
earnings, and the remaining amount is actually distributed to those entitled to
receive a share of that income. In the case of a for-profit corporation,
distributable income means "dividends". When calculating entitlement
to distributable income, the entitlement shall be determined at the end of the
company's most recent fiscal year.
d) This Section applies to those elected to an office of Illinois
State government. This Section does not apply to those elected to local
government offices, including school districts, nor does it apply to those
elected to federal offices in this State. This Section does not apply to
contracts with licensed professionals, provided those contracts are
competitively bid. For purposes of this Section, "bid" means
procured pursuant to the competitive procedures identified in Subpart E.
e) Additional exemptions to the application of this Part are
listed in Section 50-13(f) of the Code.