Code of Maryland Regulations
Title 21 - STATE PROCUREMENT REGULATIONS
Subtitle 06 - CONTRACT FORMATION AND AWARD
Chapter 21.06.02 - Cancellation and Rejection of IFBs and RFPs
Section 21.06.02.02 - Cancellation of Invitations for Bids or Requests for Proposals
Universal Citation: MD Code Reg 21.06.02.02
Current through Register Vol. 51, No. 6, March 22, 2024
A. Notice. Each solicitation issued by a procurement agency shall state that the solicitation may be cancelled as provided in this regulation.
B. Cancellation Before Opening.
(1) Before opening of bids or proposals, a
solicitation may be cancelled in whole or in part when the procurement agency,
with the approval of the appropriate Department head or designee, determines
that this action is fiscally advantageous to the State or otherwise in its best
interest. Reasons for cancellation include but are not limited to:
(a) The absence of a continued need for the
procurement;
(b) When proposed
amendments to the solicitation would be of such magnitude and substance that a
new solicitation is desirable.
(2) When a solicitation is cancelled before
bid or proposal opening, the bids or proposals shall be returned to the vendors
submitting them and vendors shall be given notice of the cancellation. The
notice of cancellation shall:
(a) Identify the
solicitation;
(b) Briefly explain
the reason for cancellation; and
(c) If appropriate, explain that opportunity
will be given to compete on any resolicitation or any future procurements of a
similar nature.
C. Rejection of All Bids or Proposals.
(1) After opening of bids or proposals but
before award, all bids or proposals may be rejected in whole or in part when
the procurement agency, with the approval of the appropriate Department head or
designee, determines that this action is fiscally advantageous or otherwise in
the State's best interest. Reasons for rejection of all bids or proposals
include but are not limited to:
(a) The
absence of a continued need for the procurement;
(b) The State agency no longer can reasonably
expect to fund the procurement;
(c)
Proposed amendments to the solicitation would be of such magnitude that a new
solicitation is desirable;
(d)
Prices exceed available funds and it would not be appropriate to adjust
quantities to come within available funds;
(e) 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;
(f) Bids received indicate that the needs of
the State agency can be satisfied by a less expensive equivalent item differing
from that on which the bids or proposals were invited; or
(g) All otherwise acceptable bids or
proposals received are at unreasonable prices.
(2) A notice of rejection of all bids or
proposals shall be sent to all vendors that submitted bids or proposals, and it
shall conform to §B(2).
D. Documentation. The determination of the reasons for cancellation or rejection of all bids or proposals shall be made a part of the procurement file.
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