1601 NEGOTIATION AFTER CANCELLATION OF INVITATION FOR BIDS

1601.1 If the Director has determined that an invitation for bids ("IFB") is to be canceled and that use of negotiation is appropriate to complete the procurement, the contracting officer may award after using negotiation procedures without issuing a new solicitation if all of the following conditions are met:

1. (a) Notice of intention to use negotiation procedures and a reasonable opportunity to negotiate is given by the contracting officer to each responsible bidder that submitted a bid in response to the IFB;
2. (b) The negotiated price is the lowest negotiated price offered by any responsible bidder; and
3. (c) The negotiated price is lower than the lowest rejected bid price of a responsible bidder that was received under the IFB.

1601.2 If an IFB has been canceled in accordance with §§1530.4(f) or 1530.4(g) of chapter 15 of this title, and the Director has authorized, in the determination to cancel the IFB, the completion of the procurement through negotiation, the contracting officer shall proceed with the procurement in accordance with the provisions of this chapter and the sole source provisions of chapter 17 of this title, if applicable.

SOURCE: Final Rulemaking published at 35 DCR 1446 (February 26, 1988).