Ill. Admin. Code tit. 44 § 8.2037

Current through Register Vol. 48, No. 45, November 8, 2024

Section 8.2037 - Tie Bids and Proposals

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

b) Tie bids or proposals will be resolved 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 8.4510 (Resident Vendor Preference).

2) In all other situations, the award shall be made by the toss of a coin, properly witnessed and recorded, unless CDB requests and documents, and the SPO determines that awarding to one of the vendors is in the State's best interest because, for example, that vendor:

A) is likely to be more reliable or responsive to the State's needs, based on past performance;

B) provides a better quality of the supply or service as demonstrated by performance evaluations on file prior to bidding, or such similar evidence;

C) provides quicker delivery; or

D) in the case of proposals, because of a desire to take advantage of the lower price.

c) Records. In addition to the record in the particular procurement file, a separate record shall be made of all procurements on which tie bids or offers 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 bidders or offerors and the prices submitted.

Ill. Admin. Code tit. 44, § 8.2037

Adopted at 38 Ill. Reg. 10903, effective 5/7/2014.