Illinois Administrative Code
Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT
Part 1120 - OFFICE OF THE COMPTROLLER STANDARD PROCUREMENT
Subpart E - SOURCE SELECTION AND CONTRACT FORMATION
Section 1120.2037 - Tie Bids and Proposals
Universal Citation: 44 IL Admin Code ยง 1120.2037
Current through Register Vol. 48, No. 38, September 20, 2024
a) Tie bids or proposals are those from responsive and responsible vendors that are identical in price or evaluation.
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 subsections
(b)(2) through (5). "Illinois resident vendor" has the meaning given in Section
1120.4510.
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 or IOC shall be given additional consideration in
determining responsibility if the CPO 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 goods 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
goods 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 IOC require as early delivery as possible.
5) If the bids or proposals are equal in
every respect, the award shall be made by lot unless the CPO 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 good or service requested, if overall
pricing would not increase, if delivery would be better ensured, or if
necessary or desirable to promote future competition.
c) Record. 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) the
supply, service or construction item; and
3) a listing of all the bidders and the
prices submitted.
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