(a) Fraudulent misrepresentation. If the chief procurement officer determines, after notice and a hearing before the chief procurement officer, that any MSB has made fraudulent misrepresentations to the city regarding its MSB status, or has colluded with another making such fraudulent misrepresentations, the MSB shall be declared ineligible to contract or subcontract on additional contracts. Upon making a finding of ineligibility, the chief procurement officer shall determine the period of ineligibility imposed, which may include permanent or indefinite ineligibility, or ineligibility for a lesser duration. No MSB shall be disqualified for collusive misrepresentations unless all parties with which the MSB was found to have colluded with are also disqualified. The city shall regard as nonresponsive any bid submitted during such period of ineligibility which includes a disqualified entity as a contractor, subcontractor or member of a joint venture. In the event that a contractor submitting a bid is determined by DPS not to have been involved in any misrepresentation of the status of a disqualified subcontractor included in the bid, DPS may allow the contractor to discharge the disqualified subcontractor and, if possible, identify and engage a qualified subcontractor as its replacement for inclusion in the bid. The consequences provided herein shall be in addition to any other criminal or civil liability to which such entities may be subject DPS shall inform the State's Attorney of Cook County of instances of fraudulent misrepresentation and collusion.
(b) In addition to any other penalty imposed by law, any person who knowingly obtains, or knowingly assists another in obtaining, a contract with the city by falsely representing that the entity, or the entity assisted, is an MSB is guilty of a misdemeanor, punishable by incarceration in the county jail for a period not to exceed six months or a fine of not less than $5,000 and not more than $10,000, or both.
(c) Other violations. Except as otherwise provided in subsections (a) and (b), any person who violates this Article VII shall be fined not less than $1,000 nor more than $5,000 for each offense.
(Added Coun. J. 10-5-16, p. 33574, § 1)