Section 4.2037  Tie Bids and Proposals

a)         Tie bids or proposals are those from responsive and responsible vendors that are, in the case or bids, identical in price and, in the case of proposals, identical in rank after evaluation.

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

1)         If the tied vendors include only one Illinois resident vendor, the Illinois resident vendor shall be given the award.  "Illinois resident vendor" has the meaning ascribed in Section 4.4510 (Resident Bidder and Offeror Preference).

2)         If the award cannot be determined after applying the Illinois resident vendor preference, the bidder or offeror who is a BEP or VBP certified vendor shall be given the award.

3)         In all other situations, the award shall be made by lot unless the SPO determines that:

A)        awarding to one of the vendors is in the State's best interest because, for example, that vendor is likely to be more reliable or responsive to the State's needs, based on past performance; provides a better quality of the supply or service; provides quicker delivery; or, in the case of proposals, because of a desire to take advantage of the lower price; or

B)        splitting the award is in the State's best interest because of a need to ensure delivery of the supply or service, or is necessary or desirable to promote future competition, and provided the affected vendors agree to the split award. 

c)         Records

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)         a description of what was procured; and

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

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