W. Va. Code R. § 157-14-9

Current through Register Vol. XLI, No. 45, November 8, 2024

Section 157-14-9 - Tied bids

9.1. In the event there is a tie between the low bidders, where the total price submitted is identical for two or more bidders, the low bidder will be decided by lot, which is described as follows. The Division will place the names of the contractors in a container and have the State Highway Engineer draw a name. The drawing will be witnessed by at least three persons, and if time permits, the contractors should be given an opportunity to attend the drawing.

9.2. The Division may consider whether each tied bidder is responsive and has complied with all other State and Federal requirements, including labor laws and business concerns, before drawing lots. The Division may remove a bidder from the lot if the bidder is determined unresponsive or out of compliance.