291-160-0210 Tiebreaker for Identical Offers (1) Tiebreaker Preference and Award When Offers Are Identical. When DOC receives Offers identical in price, fitness, availability and quality, and chooses to Award a Contract, DOC shall Award the Contract based on the following order of precedence: (a) DOC shall Award the Contract to the Offeror among those submitting identical Offers who is offering goods that are Produced or Processed, or services that are to be performed, Entirely in Oregon. (b) If two or more Offerors submit identical Offers, and they all offer goods that are Produced or Processed, or services to be performed, Entirely in Oregon, DOC shall Award the Contract by drawing lots among the identical Offers. DOC shall provide the Offerors who submitted the identical Offers notice of the date, time and location of the drawing of lots and an opportunity for these Offerors to be present when the lots are drawn. See OAR 291-160-0160. (c) If DOC receives identical Offers, and none of the identical Offers offer goods Produced or Processed, or services to be performed, Entirely in Oregon, then DOC shall Award the Contract by drawing lots among the identical Offers. DOC shall provide to the Offerors who submitted the identical Offers notice of the date, time and location of the drawing of lots and an opportunity for these Offerors to be present when the lots are drawn. (2) Determining if Offers Are Identical. DOC shall consider Offers identical in price, fitness, availability and quality as follows: (a) Offers received in response to an Invitation to Bid are identical in price, fitness, availability and quality if the Bids are Responsive, and offer the goods or services described in the Invitation to Bid at the same price. (b) Offers received in response to a Request for Proposals are identical in price, fitness, availability and quality if they are Responsive and achieve equal scores when scored in accordance with the evaluation criteria set forth in the Request for Proposals. (3) Determining if Goods Are Produced or Processed, or Services Are Performed, Entirely in Oregon. In applying this rule, DOC shall determine whether a procurement is predominantly for goods or services and then use the predominant purpose to determine if the goods are Produced or Processed, or the services are performed, Entirely in Oregon. DOC may request, either in a Solicitation Document, following Closing, or at any other time DOC determines is appropriate, any information or documentation DOC may need to determine if the goods are Produced or Processed, or services are performed, Entirely in Oregon. DOC may use any reasonable criteria to determine if goods are Produced or Processed, or services are performed, Entirely in Oregon, provided that the criteria reasonably relate to that determination, and provided that the DOC applies those criteria equally to each Offer. (4) Procedure for Drawing Lots. When this rule calls for the drawing of lots, DOC shall draw lots by a procedure that affords each Offeror subject to the drawing a substantially equal probability of selection and that does not allow the person making the selection the opportunity to manipulate the drawing of lots to increase the probability of selecting one Offeror over another. Statutory/Other Authority: ORS 179.040, 421.438, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 421.438, 423.020, 423.030 & 423.075 History: DOC 11-2022, adopt filed 11/07/2022, effective 01/01/2023