Ill. Admin. Code tit. 44 § 1.2037

Current through Register Vol. 48, No. 49, December 6, 2024

Section 1.2037 - 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, proposals, or quotes 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 1.4510 (Resident Vendor Preference).

2) 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 the tie bids, proposals, or quotes are received, showing at least the following information:

1) The identification number of the solicitation;

2) A description of what was procured;

3) A listing of all bidders or offerors and the prices submitted;

4) The State agency personnel or SPO who flips a coin or draws the lot; and

5) The State agency personnel or SPO who witnesses the flip of the coin or the draw of the lot.

Ill. Admin. Code tit. 44, § 1.2037

Amended at 36 Ill. Reg. 10729, effective August 6, 2012

Amended at 46 Ill. Reg. 10208, effective 6/2/2022