(1) A procurement officer shall resolve a tie bid in accordance with a method established by rule made by the applicable rulemaking authority. The method may include awarding the tie bid: (a) to the tie bidder who: (i) is a provider of state products, if no other tie bidder is a provider of state products; (ii) is closest to the point of delivery; (iii) received the previous award; or (iv) will provide the earliest delivery date; (b) by drawing lots; or (c) by any other reasonable method of resolving a tie bid.
(a) to the tie bidder who: (i) is a provider of state products, if no other tie bidder is a provider of state products; (ii) is closest to the point of delivery; (iii) received the previous award; or (iv) will provide the earliest delivery date;
(i) is a provider of state products, if no other tie bidder is a provider of state products;
(ii) is closest to the point of delivery;
(iii) received the previous award; or
(iv) will provide the earliest delivery date;
(b) by drawing lots; or
(c) by any other reasonable method of resolving a tie bid.
(2) The method chosen by the procurement officer to resolve a tie bid shall be at the sole discretion of the procurement officer, subject to the rules established under Subsection (1).
(3) A procurement unit in the state executive branch shall provide a copy of the procurement to the attorney general if an award of a contract to a tie bidder exceeds $100,000 in expenditures.
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