(A) Definition. Tie bids are low responsive bids from responsible bidders that are identical in price.
(B) Award. Award shall not be made by drawing lots, except as set forth below, or by dividing business among identical bidders. In the discretion of the Purchasing Agent, award shall be made in any permissible manner that will discourage tie bids. Procedures which may be used to discourage tie bids include:
(1) Where identical low bids include the cost of delivery, award the contract to the bidder farthest from the point of delivery;
(2) Award the contract to the identical bidder who received the previous award and continue to award succeeding contracts to the same bidder so long as all low bids are identical;
(3) Award to the identical bidder with the earliest delivery date;
(4) Award to a Utah resident bidder or for a Utah-produced product where other tie bid(s) are from out of state;
(5) If price is considered excessive or for other reason such bids are unsatisfactory, reject all bids and negotiate a more favorable contract in the open market; or
(6) If no permissible method will be effective in discouraging tie bids and a written determination is made so stating, award may be made by drawing lots.
(C) Record. Records shall be made of all invitations for bids on which tie bids are received showing at least the following information:
(1) The invitation for bids;
(2) The supply, service or construction item;
(3) All the bidders and the prices submitted; and
(4) Procedure for resolving tie bids.
(Ord. 2020-04, passed 2-18-2020)