Section 12-8-300.10 - CANCELLATION OF SOLICITATIONS A Request for Lease Proposals may be canceled, or any or all proposals may be rejected in whole or in part as may be specified in the solicitation, when it is in the best interest of the State. The reasons, therefore, shall be made part of the contract file.
(1)Scope of this Regulation: Solicitations should only be issued when there is a valid procurement need unless the solicitation states that it is for informational purposes only. Preparing and distributing a solicitation requires the expenditure of time and funds. Businesses and other entities likewise incur expense in examining and responding to solicitations. Accordingly, although issuance of a solicitation does not compel award of a contract, a solicitation is to be canceled only when there are compelling reasons to believe that the cancellation of the solicitation is in the best interest of the State. (2)Cancellation of Solicitation Notice: Each solicitation issued by the State shall declare that the solicitation may be canceled as provided herein. Written notice, including reason for cancellation and whether solicitation will be re-solicited, if known, shall be promptly provided to all known offerors and posted on the RPM Division website. (3)Prior to Opening: Prior to the time and date established for the receipt of Lease Proposals, a solicitation may be canceled when the Agency Head determines in writing that such action is in the State's best interest for the reasons including, but not limited to: a. The agency or department no longer requires the requested space; b. The agency or department no longer can reasonably expect to fund the Lease; or c. Proposed amendments to the solicitation would be of such magnitude that a new solicitation is desirable.(4)After Opening: After opening of Lease Proposals, but prior to award, a solicitation may be canceled when the Agency Head determines in writing that such action is in the State's best interest for the reasons including, but not limited to: a. The agency or department no longer requires the requested space; b. Ambiguous or otherwise inadequate specifications were part of the solicitation; c. The solicitation did not provide for consideration of all factors of significance to the agency or department; d. The costs exceed available funds; e. A single proposal is received and the agency procurement official determines the price to be excessive due to inadequate price competition; f. All otherwise acceptable proposals are at clearly unreasonable prices; g. There is reason to believe that the proposals may not have been independently arrived at in open competition, may have been collusive, or may have been submitted in bad faith; or, h. There has been credible evidence presented that the procurement was illegal, contrary to statutory requirements or otherwise tainted. 12 Miss. Code. R. 8-300.10