1530

1530.1 An IFB may be canceled, or all bids rejected, only if the Director determines in writing that the action taken is in the best interest of the District. If all bids have been rejected, the contracting officer shall cancel the solicitation.

1530.2 Every effort shall be made to anticipate changes in a requirement before the date of opening and to notify all prospective bidders of any resulting modification or cancellation.

1530.3 After the opening of a bid, an IFB shall not be canceled and resolicited due solely to increased requirements for the items being procured. Award shall be made on the initial IFB and the additional quantity shall be treated as a new procurement.

1530.4 An IFB may be canceled and all bids rejected before award but after opening when the Director determines in writing that cancellation is in the best interests of the District for any reason, including the following:

(a) Inadequate or ambiguous specifications were cited in the IFB;

(b) Specifications have been revised;

(c) The goods or services being contracted for are no longer required;

(d) The IFB did not provide for consideration of all factors of cost to the District;

(e) Bids received indicate that the needs of the District can be satisfied by a less expensive article differing from that for which the bids were invited;

(f) All otherwise acceptable bids received are at unreasonable prices, or only one (1) bid is received and the contracting officer cannot determine the reasonableness of the bid price, or no responsive bid has been received from a responsible bidder; or

(g) The bids were not independently arrived at in open competition, were collusive, or were submitted in bad faith.

1530.5 If administrative difficulties are encountered after bid opening which may delay award beyond the bidders' acceptance period, the several lowest bidders should be requested, before expiration of their bids, to extend the bid acceptance period (with consent of sureties, if any) in order to avoid the need for readvertisement.

SOURCE: Final Rulemaking published at 35 DCR 1432 (February 26, 1988); as amended by Notice of Emergency Rulemaking published at 58 DCR 558 (January 21, 2011)[EXPIRED]; as amended by Notice of Emergency and Proposed Rulemaking published at 58 DCR 4668 (May 27, 2011)[EXPIRED]; as amended by Notice of Emergency Rulemaking published at 58 DCR 8381 (September 30, 2011)[EXPIRED]; as amended by Notice of Final Rulemaking published at 58 DCR 9824, 9825(November 18, 2011).