44 Ill. Adm. Code 4.2037
Tie Bids and Proposals
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.