Section 1120.2037  Tie Bids and Proposals

a)         Tie bids or proposals are those from responsive and responsible vendors that are identical in price or evaluation.

b)         Tie bids or proposals will be treated as follows:

1)         If the tied vendors include an Illinois resident vendor, the Illinois resident vendor shall be given the award.  In all other situations,  including if two or more Illinois resident bidders are tied, the decision shall be made in accordance with subsections (b)(2) through (5).  "Illinois resident vendor" has the meaning given in Section 1120.4510.

2)         If there is a significant difference in responsibility (including ability to provide the service or deliver in the quantity and at the time required), the award will be made to the vendor who is deemed to be the most responsible. A vendor who has had experience in contracting with the State or IOC shall be given additional consideration in determining responsibility if the CPO determines that dealing with a vendor that has knowledge of State requirements, contracts, job sites, payment practices and such other factors and with which there has been favorable past experience increases the likelihood of successful performance.

3)         If there is no significant difference in responsibility, but there is a difference in the quality of the goods or services offered, the vendor offering the best quality will be accepted.

4)         If there is no significant difference in responsibility and no difference in quality of the goods or services offered, the vendor offering the earliest delivery time will be accepted in any case in which the solicitation specified that the needs of the IOC require as early delivery as possible.

5)         If the bids or proposals are equal in every respect, the award shall be made by lot unless the CPO determines that splitting the award among two or more of the tied bidders is in the best interest of the State.  Awards may be split if all affected bidders agree, if splitting is feasible given the type of good or service requested, if overall pricing would not increase, if delivery would be better ensured, or if necessary or desirable to promote future competition.

c)         Record.  Records shall be made of all procurements on which tie bids or proposals are received, showing at least the following information:

1)         the identification number of the solicitation;

2)         the supply, service or construction item; and

3)         a listing of all the bidders and the prices submitted.

(Source:  Amended at 37 Ill. Reg. 3075, effective March 1, 2013)