3230 CANCELLATION OF AN INVITATION FOR BIDS AFTER OPENING

3230.1 An IFB may be canceled, or all bids rejected, only if the Director of Procurement (the 'Director') determines in writing that the action taken is in the best interests of the University. If all bids have been rejected, the contracting officer shall cancel the solicitation3230.2 Every effort shall be made to anticipate changes in the bid requirement before the date of bid opening and to notify all prospective bidders of any resulting modification or cancellation.3230.3 After the actual opening of bids, the IFB shall not be canceled and re-solicited 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.3230.4 An IFB may be canceled and all bids rejected before award but after bid opening when the Director determines in writing that cancellation is in the best interests of the University for any reason, including the following:- (a) Inadequate or ambiguous specifications were cited in the IFB;

- (b) Specifications have been revised;

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

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

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

- (f) Bids received substantially exceed funds allocated for the procurement;

- (g) 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

- (h) The bids were not independently arrived at in open competition, were collusive, or were submitted in bad faith.3230.5 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 re-advertisement.3230.6 If the Director has determined that an IFB is to be canceled, and that the use of the competitive sealed proposal process under chapter 33 is appropriate to complete the procurement, the contracting officer shall proceed in accordance with §3301 of chapter 33 of this title.

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).