Ala. Admin. Code r. 355-4-3-.09

Current through Register Vol. 42, No. 10, July 31, 2024

Section 355-4-3-.09 - Cancellation Of Invitations For Bids Or Requests

(1) Cancellation of Solicitation-Notice. Each solicitation issued by the State shall state that the solicitation may be cancelled as provided in this Rule.

(2) Cancellation of Solicitation; Rejection of All Bids or Proposals.

(a) Prior to Opening.

1. As used in this Section, "opening" means the date set for opening of bids, receipt of unpriced technical offers in multi-step sealed bidding, or receipt of proposals in competitive sealed proposals.

2. Prior to opening, a solicitation may be cancelled in whole or in part when the Chief Procurement Officer or the head of a Purchasing Agency determines in writing that such action is in the State's best interest.

3. When a solicitation is cancelled prior to opening, notice of cancellation shall be sent to all businesses solicited.

4. The notice of cancellation shall:

(i) identify the solicitation;

(ii) briefly explain the reason for cancellation; and

(iii) where appropriate, explain that an opportunity will be given to compete on any resolicitation or any future procurements of similar supplies or services.

(b) After Opening.

1. After opening but prior to award, all bids or proposals may be rejected in whole or in part when the Chief Procurement Officer or the head of a Purchasing Agency determines in writing that such action is in the State's best interest.

2. A notice of rejection should be sent to all businesses that submitted bids or proposals.

(c) Documentation. The reasons for cancellation or rejection shall be made a part of the procurement file and shall be available for public inspection.

(3) Rejection of Individual Bids or Proposals.

(a) General. This Section applies to rejections of individual bids or proposals in whole or in part.

(b) Notice in Solicitation. Each solicitation issued by the State shall provide that any bid or proposal may be rejected in whole or in part when in the best interest of the State as provided in this Rule.

(c) Reasons for Rejection.

1. Bids. As used in this Subsection, "bid" means any bid submitted in competitive sealed bidding or in the second phase of multi-step sealed bidding and includes submissions under Rule 355-4-3-.05 (Small Purchases) if no changes in offers are allowed after submission. Reasons for rejecting a bid include but are not limited to:

(i) the business that submitted the bid is nonresponsible as determined under Rule 355-4-3-.10;

(ii) the bid is not responsive, that is, it does not conform in all material respects to the Invitation for Bids; see Rule 355-4-3-.02(12) (Bid Evaluation and Award, Responsibility and Responsiveness); or

(iii) the supply or service offered in the bid is unacceptable by reason of its failure to meet the requirements of the specifications or permissible alternates or other acceptability criteria set forth in the Invitation for Bids; See Rule 355-4-3-.02(12) (Bid Evaluation and Award, Product Acceptability).

2. Proposals. As used in this Subsection, "proposal" means any offer submitted in response to any solicitation, including an offer under Rule 355-4-3-.05 (Small Purchases), except a bid as defined in Rule 355-4-3-.09(3) (c) (1). Unless the solicitation states otherwise, proposals need not be unconditionally accepted without alteration or correction, and the State's stated requirements may be revised or clarified after no proposals are submitted. This flexibility must be considered in determining whether reasons exist for rejecting all or any part of a proposal. Reasons for rejecting proposals include but are not limited to:

(i) the business that submitted the proposal is nonresponsible as determined under Code of Ala.1975, § 41-4-139;

(ii) the proposal ultimately (that is, after any opportunity has passed for altering or clarifying the proposal) fails to meet the announced requirements of the State in some material respect; or

(iii) the proposed price is clearly unreasonable.

(d) Notice of Rejection. Upon request, unsuccessful bidders or offerors shall be advised of the reasons therefor.

(4) "All or None" Bids or Proposals. Only when provided by the solicitation may a bid or proposal limit acceptance to the entire bid or proposal offering. Otherwise, such bids or proposals shall be deemed to be nonresponsive. If the bid or proposal is properly so limited, the State shall not reject part of such bid or proposal and award on the remainder.

(5) Disposition of Bids or Proposals. When bids or proposals are rejected, or a solicitation cancelled after bids or proposals are received, the bids or proposals which have been opened shall be retained in the procurement file, or if unopened, returned to the bidders or offerors upon request, or otherwise disposed of.

Ala. Admin. Code r. 355-4-3-.09

Adopted by Alabama Administrative Monthly Volume XL, Issue No. 09, June 30, 2022, eff. 8/14/2022; operative 10/1/2022.

Amended by Alabama Administrative Monthly Volume XLI, Issue No. 06, March 31, 2023, eff. 5/15/2023.

Renumbered from 355-4-3-.08

Author: Department of Finance, Legal Division

Statutory Authority:Code of Ala. 1975, § 41-4-138.