Code of Colorado Regulations
100 - Department of Personnel and Administration
101 - Division of Finance and Procurement
1 CCR 101-9 - PROCUREMENT RULES
Article 103 - SOURCE SELECTION AND CONTRACT FORMATION
Part 3 - CANCELLATION OF SOLICITATIONS: REJECTION OF BIDS OR PROPOSALS
Section R-24-103-301-01 - Cancellation of Solicitation: Rejection of All Bids or Proposals

Universal Citation: 100 CO Code Regs R-24-103-301-01

Current through Register Vol. 47, No. 17, September 10, 2024

A solicitation may be cancelled only when there are cogent and compelling reasons to believe that the cancellation of the solicitation is in the state's best interest.

(a) A solicitation may be cancelled, in whole or in part, when the procurement official determines in writing that such action is in the state's best interest. Reasons for cancelling a solicitation include, but not limited to:

(i) the state no longer requires the supplies, services, or construction;

(ii) the state no longer can reasonably expect to fund the procurement;

(iii) prices exceed available funds and it would not be appropriate to adjust quantities or qualities to come within available funds;

(iv) all responsive bids or proposals received are at clearly unreasonable prices;

(v) there is reason to believe that the bids or proposals may not have been independently arrived at in open competition, may have been collusive, or may have been submitted in bad faith;

(vi) the solicitation did not provide for consideration of all factors of significance to the state;

(vii) ambiguous or otherwise inadequate specifications were part of the solicitation; or

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

(b) When a solicitation is cancelled, a notice of cancellation should be sent to all persons that submitted bids or proposals.

(c) The reasons for cancellation or rejection shall be made a part of the procurement record and shall be confidential for the period of time specified in section 24-103-301, C.R.S.

(d) When a solicitation is cancelled after bids or proposals are received, the bids or proposals which have been opened shall be retained in the procurement record, or if unopened, returned to the bidders or offerors upon request, at their expense, or otherwise disposed of.

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