44 Ill. Adm. Code 1600.2037
Tie Bids and Proposals
Section 1600
Section 1600.2037 Tie Bids
and Proposals
a) Tie bids or proposals are those from responsive and
responsible vendors that are identical in price or evaluation and represent the
low price.
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 this subsection (b). "Illinois resident
vendor" has the meaning given in Section 1600.4510 (Resident Bidder
Preference) of this Part.
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
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 supplies 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 supplies 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 agency require delivery as early
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 supplies or services requested, if overall pricing
would not increase, if delivery would be better ensured, or if necessary or
desirable to promote future competition.
c) Record
Each SPO shall
provide a report to the CPO on a quarterly basis of all procurements on which
tie bids or proposals were received. The report shall provide 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 and the prices submitted.