La. Admin. Code tit. 70 § XXIII-367

Current through Register Vol. 50, No. 11, November 20, 2024
Section XXIII-367 - Cancellation of Invitation for Bids
A. A solicitation may be canceled in whole or in part when the DOTD procurement director determines, in writing, that such action is in the best interest of the department, for reasons including, but not limited to the following:
1. the department no longer requires the supplies, services, or major repairs;
2. proposed amendments to the solicitation would be of such magnitude that a new solicitation is desirable;
3. ambiguous or otherwise inadequate specifications were part of the solicitation;
4. the solicitation did not provide for consideration of all factors of significant cost to the state;
5. prices exceed available funds and it would not be appropriate to adjust quantities to come within available funds;
6. all otherwise acceptable bids received are at unreasonable prices;
7. there is reason to believe that the bids or proposals may not have been independently calculated in open competition, may have been collusive, or may have been submitted in bad faith.
B. When a solicitation is canceled prior to the bid opening, a notice of cancellation shall be sent to all businesses solicited. The notice of cancellation shall:
1. identify the solicitation;
2. briefly explain the reason for cancellation;
3. where appropriate, explain that an opportunity will be given to compete on any resolicitation or any future procurement of similar supplies, services, or major repairs.
C. The reasons for cancellation shall be made a part of the procurement file and shall be made available for public inspection.
D. If the solicitation is canceled prior to the bid opening, all bids will be returned to the bidders.
E. If the solicitation is canceled after the bid opening, all bids will be retained by the DOTD procurement section.

La. Admin. Code tit. 70, § XXIII-367

Promulgated by the Department of Transportation and Development, Office of Purchasing, LR 8:148 (March 1982), amended LR 29:614 (April 2003).
AUTHORITY NOTE: Promulgated in accordance with R.S. 39:1551-1736 and 48:204-210.