2243 RESOLVING TIE BIDS

2243.1 Contracts shall be awarded in the following order by priority when two (2) or more low bids are equal in all respects:

(a) Minority business certified by the Minority Business Opportunity Commission;

(b) District-based business;

(c) Other businesses.

2243.2 Notwithstanding the requirements of §2243.1, when the imposition of a penalty pursuant to D.C. Law 6-116 results in equal lowest price evaluation between bidders with business interests in the Republic of South Africa or Namibia and a bidder who does not have these business interests, the contract shall be awarded to the bidder with no business interests in the Republic of South Africa or Namibia.

2243.3 If two (2) or more bidders remain equally eligible for award, award shall be made by a drawing by lot limited to those bidders.

2243.4 The drawing shall be witnessed by at least three (3) persons, and the contract file shall contain the names and addresses of the witnesses and the person supervising the drawing.

2243.5 If an award is made by using the priorities in this section, the contracting officer shall include a written agreement in the contract that the contractor will perform, or cause to be performed, the contract in accordance with the circumstances justifying the priority used to break the tie or select bids for a drawing by lot.

SOURCE: Final Rulemaking published at 36 DCR 6681, 6734 (September 22, 1989).

EDITOR'S NOTE: D.C. Law 10-134, 41 DCR 2597 (May 13, 1994) repealed sanctions imposed on the Republic of South Africa by the Prohibition of the Investment of Public Funds in Financial Institutions and Companies Making Loans to or Doing Business with the Republic of South Africa or Namibia Act of 1983 (D.C. Law 5-50); and the South Africa and Namibia Contracting Sanction Amendment Act of 1986 (D.C. Law 6-116).