La. Admin. Code tit. 34 § V-1307

Current through Register Vol. 50, No. 9, September 20, 2024

Section V-1307 - Reasons for Cancellation

A. A solicitation may be canceled 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 for reasons including but not limited to:

1. the state 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; or

7. 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.

B. When a solicitation is canceled prior to opening, a notice of cancellation shall be sent to all businesses solicited. When a solicitation or item is canceled after bids are opened, a notice of cancellation should be sent to all bidders if the amount canceled exceeds the defined maximum value for small purchases established by executive order of the Governor.

C. The notice of cancellation shall:

1. identify the solicitation;

2. briefly explain the reason for cancellation; and

3. where appropriate, explain that an opportunity will be given to compete on any re-solicitation or any future procurement of similar supplies, services, or major repairs.

D. Documentation. The reasons for cancellation shall be made a part of the procurement file and available for public inspection.

La. Admin. Code tit. 34, § V-1307

Promulgated by the Office of the Governor, Division of Administration, Office of State Purchasing, LR 8:333 (July 1982), amended LR 21:566 (June 1995), repromulgated LR 40:1358 (July 2014), Amended by the Office of the Governor, Division of Administration, Office of State Procurement, LR 47582 (5/1/2021).

AUTHORITY NOTE: Promulgated in accordance with R.S. 39:1581.