Section 80IAC8-3-9. Cancellation or rejection of solicitation; procedures

   (a) Prior to opening, a solicitation may be canceled, in whole or in part, when the executive director determines, in writing, that such action is in the best interest of the commission for reasons including, but not limited to, the following:

(1) The commission no longer requires the services or supplies.

(2) The commission no longer can reasonably expect to fund the procurement.

(3) Proposed amendments to the solicitation would be of such magnitude that a new solicitation is desirable.

  (b) When a solicitation is canceled prior to opening, notice of cancellation shall be sent to all businesses that have received a solicitation. The notice of cancellation shall identify the solicitation and cite the reason for cancellation. The reason for cancellation shall be made a part of the procurement file and shall be available for public inspection.

  (c) After opening but prior to award, all bids or proposals may be rejected, in whole or in part, when the executive director determines, in writing, that such action is in the best interest of the commission for reasons including, but not limited to, the following:

(1) The services or supplies being procured are no longer required.

(2) Ambiguous or otherwise inadequate specifications were part of the solicitation.

(3) Prices exceed available funds, and it would not be appropriate to adjust quantities to come within available funds.

(4) All otherwise acceptable bids or proposals received are at clearly unreasonable prices.

(5) There is reason to believe that the bids or proposals:

(A) may not have been independently arrived at in open competition;

(B) may have been collusive; or

(C) may have been submitted in bad faith.

A notice of rejection shall be sent to all businesses that submitted bids or proposals. The reason for rejection shall be made a part of the procurement file and shall be made available for public inspection.

  (d) After opening but prior to award, individual bids or proposals may be formally rejected when the executive director makes a written determination that:

(1) the business that submitted the bid is determined to be not responsible under 80 IAC 8-4-1;

(2) the bid is not responsive in that it does not conform in all material respects to the requirements of the solicitation; and

(3) the services or supplies offered are unacceptable by reason of their failure to meet the requirements of the specifications or permissible alternatives or other acceptability criteria set forth in the solicitation.

The determination shall be made a part of the procurement file. (State Fair Commission; 80 IAC 8-3-9; filed Nov 7, 2016, 3:46 p.m.: 20161207-IR-080160210FRA)