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 evaluation.

b)         Tie bids or proposals will be resolved as follows:

1)         If the tied bids or proposals include an Illinois resident vendor, the Illinois resident vendor shall be given the award in the case of bids and may be given the award in the case of proposals.  "Illinois resident vendor" has the meaning given in Section 1.4510 (Resident Bidder Preference) of this Part.

2)         In all other situations the award shall be made by lot unless the Procurement Officer 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; or 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.

(Source:  Amended at 30 Ill. Reg. 17305, effective October 20, 2006)