§ 63G-6a-608. Tie bids -- Resolution -- Copies provided to attorney general.

(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 responsive 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.

Amended by Chapter 445, 2013 General Session