Ill. Admin. Code tit. 44 § 1.2040

Current through Register Vol. 48, No. 49, December 6, 2024

Section 1.2040 - Cancellation of Solicitations and Contract Awards; Rejection of Bids or Proposals

a) Policy

Any solicitation may be cancelled before or after opening when the SPO determines cancellation to be in the State's best interest. An SPO may request that a State agency provide any information to assist the SPO in reaching a determination of whether cancellation is in the State's best interest. Nothing shall compel the award of a contract.

b) Cancellation of Solicitation; Rejection of All Bids or Proposals

1) A solicitation may be cancelled in whole or in part when the SPO determines in writing that the action is in the State's best interest for reasons including, but not limited to:

A) the State no longer requires the supplies or services;

B) the State 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) ambiguous or otherwise inadequate specifications;

E) the solicitation did not provide for consideration of all factors of significance to the State;

F) prices exceed available funds and it would not be appropriate to adjust quantities to come within available funds;

G) all otherwise acceptable bids or proposals received are at clearly unreasonable prices; or

H) there is reason to question whether 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.

2) When a solicitation is cancelled, notice of cancellation shall be posted to the Bulletin.

3) The notice of cancellation shall:

A) identify the solicitation;

B) briefly explain the reason for cancellation or rejection; and

C) when appropriate, explain that an opportunity will be given to compete on any re-solicitation or any future procurements of similar supplies or services.

c) Rejection of Individual Bids or Proposals

1) Individual bids or proposals may be rejected for reasons including, but not limited to:

A) the bid or proposal is not responsive (i.e., it does not conform in all material respects to the submission requirements for the solicitation);

B) the vendor that submitted the bid or proposal is nonresponsible as determined under Section 1.2046(Responsibility);

C) the supply or service item offered in the bid or proposal is unacceptable by reason of its failure to meet the announced requirements of the solicitation, including, but not limited to, specifications or permissible alternates or other acceptability criteria set forth in the solicitation, statement of work or quotation; or

D) the proposed price, including options, is clearly unreasonable.

2) Notice of Rejection. Upon request, bidders or offerors whose bids or proposals have been rejected shall be advised of the reasons for rejection.

d) Cancellation of a Contract Award

A contract award may be cancelled if the SPO or CPO determines in the discharge of his or her fiduciary duty that there was a violation of the Code or this Part after the contract was awarded. Nothing in the Code or this Part compels an SPO to approve a contract if an award was made.

e) Documentation

The reason for cancellation or rejection shall be made a part of the procurement file and shall be available for public inspection.

Ill. Admin. Code tit. 44, § 1.2040

Amended at 36 Ill. Reg. 10729, effective August 6, 2012

Amended at 38 Ill. Reg. 20884, effective 10/31/2014

Amended at 46 Ill. Reg. 10208, effective 6/2/2022