W. Va. Code R. § 170-6-13 - Tie Bids

13.1. When purchasing commodities and services, occasionally two or more bids of equal terms and amount are received in response to a solicitation, thus, resulting in a tie bid. If multiple awards are not made, the tie bid(s) must be resolved. When tie bids are received, the Assistant Director - DAS Purchasing Section shall break the tie by allowing the tied vendors to make a best and final offer, flip of a coin, draw of the cards, or any other impartial method considered prudent by the Assistant Director - DAS Purchasing Section. The means selected to break the tie is determination made at the sole discretion of the Assistant Director- DAS Purchasing Sections, and is not subject to appeal, or protest.

13.2. A non-interested party witness must be present when resolving the tie and documentation of the method and results, with signatures of all witnesses, must also be included in the file. Vendors affected by the tie shall be notified and given an opportunity to attend the tie breaker.

Notes

W. Va. Code R. § 170-6-13