Illinois Administrative Code
Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT
Part 2000 - SECRETARY OF STATE STANDARD PROCUREMENT
Subpart E - SOURCE SELECTION AND CONTRACT FORMATION
Section 2000.2037 - Tie Bids and Proposals
Universal Citation: 44 IL Admin Code ยง 2000.2037
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 and represent the low price.
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 this subsection
(b). "Illinois resident vendor" has the meaning given in Section
2000.4510
(Resident Bidder Preference) of this Part.
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 shall be given additional consideration in
determining responsibility if the Procurement Officer 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 supplies 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 supplies 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 State require delivery as early as possible.
5) If the bids or proposals are equal in
every respect, the award shall be made by lot unless the Procurement Officer
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 supplies or services
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 maintained of all procurements on which tie bids or proposals were received. The record shall provide 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
and the prices submitted.
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