Answer


The public entity should first determine that both apparent low bidders are responsible and responsive. If either bidder is disqualified following due process and formal hearing under R.S. 38:2212(X), then the public entity can award the contract to the remaining lowest responsible and responsive bidder.

If both low bidders are determined to be responsible and responsive, the AG has noted that use of a random process, such as flipping a coin, can be used to break a tie through agreement of the parties and all parties being present. The AG suggests that public entities place formal tie breaking procedures in their bid specifications/ advertisements in the future. See AG Op. No. 99-0297 and AG Op. No. 86-0066.

If the bidders will not agree to a tie breaking procedure, the public entity may have just cause to reject all bids and cancel the bid process under R.S. 38:2214. In such case, the public entity could start the bid process over and include tie breaking procedures in its bid advertisement.


Louisiana Legislative Auditor website: 06/02/2025 08:50:33 AM