Section 1300.2037  Tie Bids and Proposals

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

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 given in Section 1300.4510 of this Part.  In all other situations, the decision shall be made in accordance with subsections (b)(2) through (5) of this Section.  If two or more Illinois resident vendors are tied, award will be made pursuant to subsections (b)(2) through (5).

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 OAG shall be given additional consideration in determining responsibility if the Procurement Officer 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 OAG 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 Procurement Officer 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 goods 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 36 Ill. Reg. 11974, effective July 13, 2012)