Section 2600.350  Cancellation of Solicitations; Rejection of Bids or Proposals

a)         Any solicitation may be canceled when the Procurement Officer believes cancellation to be in SBEL's best interest.  Nothing shall compel the award of a contract.  This Section shall govern any such cancellations.

b)         When a solicitation is canceled prior to opening, notice of cancellation shall be sent to all businesses that responded to the solicitation.  The notice of cancellation shall identify the solicitation, explain the reason for cancellation and explain whether another solicitation on the subject matter will be necessary.  The notice of cancellation shall be placed in the procurement file.

c)         Cancellation of Solicitation; Rejection of All Bids or Proposals After Opening

1)         After opening but prior to award, a solicitation may be canceled in whole or in part when the Procurement Officer determines in writing that such action is in the State's best interest for reasons including, but not limited to, elimination of the need for the requested supplies or service, inability to fund the procurement, a change in circumstances that requires an alteration in the procurement plan, there is evidence the bids are collusive, or the bids are at clearly unreasonable prices. 

2)         When the solicitation is canceled or when all bids or proposals are rejected, all vendors who submitted bids or proposals shall be sent a notice, upon request, informing them of the reasons for the cancellation or rejection.

d)         Rejection of Individual Bids or Proposals in Whole or in Part

1)         Notice in Solicitation.  Each solicitation shall provide that any bid or proposal may be rejected in whole or in part when in the best interest of SBEL as described in subsection (d)(2).

2)         Reasons for Rejection.  Reasons for rejecting a bid or proposal may include, but are not limited to:

A)        the business that submitted the bid or proposal is nonresponsive or nonresponsible;

B)        the proposal is untimely, non-responsive or deemed to be unacceptable to fit the agency's needs;

C)        SBEL can no longer expect to fund the project due to increased prices or all qualified bidders seeking unreasonable prices; or

D)        the supply or  service item offered in the bid is unacceptable by reason of its failure to meet the requirements of the specifications or permissible alternates or other acceptability criteria set forth in the Invitation for Bids.

3)         Notice of Rejection.  Upon request, unsuccessful bidders or offerors shall be advised of the reasons for rejection.