Lex et Mercatura by BantayBid · RA 12009 Updates

What Happens When Government Bidders Tie Under RA 12009?

Published: September 6, 2026

GPPB Circular No. 04-2026 provides a uniform procedure for resolving tied bids under Republic Act No. 12009.

When two or more bidders are post-qualified and declared under the responsive-bid categories covered by the circular, the Procuring Entity must use a method that is non-discretionary, non-discriminatory and based solely on chance.

The method should be identified in advance

The Procuring Entity must identify in the bidding documents a clear measure to use if a tie occurs. The circular expressly allows draw lots or similar methods of chance.

The concerned bidders may instead agree on an alternative selection criterion on the same day as bid opening and evaluation or on another date scheduled by the Procuring Entity, but that alternative must still be non-discretionary, non-discriminatory and based on chance.

Why suppliers should check this provision

A tie should not create a new discretionary choice after evaluation. Suppliers can review the bidding documents beforehand and identify the procedure that will apply if a tie occurs.

Official source

GPPB Circular No. 04-2026 - Guidelines on the Resolution of Tied Bids through Tie-Breaking Method