1. (a) The division of the department of administrative services that issued an RFB, RFP, or RFQ, or conducted a purchase by means of a process other than competitive bidding, or the commissioner, shall at any time in the process cancel any RFB, RFP, RFQ, or purchase conducted by means of a process other than competitive bidding, and shall decline to award or recommend award of a bid, quotation, or proposal, or to select or recommend selection of a vendor, if the division or commissioner concludes that such action is in the best interests of the state of New Hampshire, such as:

   1. (1) To avoid the potential that commodities or services of an unacceptable quality, price, type, method of delivery, or other term of purchase will be provided to the state;
   2. (2) To effectuate the terms of the particular RFP, RFQ, RFB, or purchase;
   3. (3) To enable an agency to fulfill its mission, or for the state to maximize the effective use of funds or other resources;
   4. (4) To address funding constraints;
   5. (5) To enable the state to address its needs in a more timely, efficient, or cost-effective manner than would continuation of the process;
   6. (6) To comply with statutory law, case law, or these rules, or to advance the purposes of RSA 21-I or these rules; or
   7. (7) To foster the integrity of the process.
2. (b) Cancellation under the foregoing paragraphs shall not preclude the department of administrative services from issuing a new RFB, RFP, or RFQ, or from initiating a new process for the selection of a vendor by means other than competitive bidding, in regard to the matter canceled.

Source. #4985, eff 11-19-90; ss by #6355-A, eff 11-20-96; amd by #7104, eff 9-23-99; amd by #8193, INTERIM, eff 11-12-04, EXPIRES: 5-11-05; ss by #8310, eff 5-11-05; ss by #10364, eff 7-1-13; ss by #10827, eff 5-16-15; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)