44 Ill. Adm. Code 8.2037
Tie Bids and Proposals
Section 8.2037Â Tie Bids and Proposals
a)Â Â Â Â Â Â Â Â 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)Â Â Â Â Â Â Â Â Tie bids or proposals
will be resolved as follows:
1)Â Â Â Â Â Â Â Â 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)Â Â Â Â Â Â Â Â 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)Â Â Â Â Â Â Â is
likely to be more reliable or responsive to the State's needs, based on past
performance;
B)Â Â Â Â Â Â Â provides
a better quality of the supply or service as demonstrated by performance
evaluations on file prior to bidding, or such similar evidence;
C)Â Â Â Â Â Â Â provides quicker
delivery; or
D)Â Â Â Â Â Â Â in the
case of proposals, because of a desire to take advantage of the lower price.
c)Â Â Â Â Â Â Â Â Records.Â
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)Â Â Â Â Â Â Â Â The identification
number of the solicitation;
2)Â Â Â Â Â Â Â Â A description of what
was procured; and
3)Â Â Â Â Â Â Â Â A listing of all
bidders or offerors and the prices submitted.