Haw. Code R. § 3-122-96

Current through April, 2024
Section 3-122-96 - Cancellation of solicitation
(a) A solicitation may be cancelled for reasons including but not limited to the following:
(1) Cancellation prior to opening:
(A) The agency no longer requires the goods, services, or construction;
(B) The agency no longer can reasonably expect to fund the procurement;
(C) Proposed amendments to the solicitation would be of a magnitude that a new solicitation is desirable; or
(D) A determination by the chief procurement officer or a designee that a cancellation is in the public interest.
(2) Cancellation after opening but prior to award:
(A) The goods, services, or construction being procured are no longer required;
(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;
(D) Prices exceed available funds and it would not be appropriate to adjust quantities to come within available funds;
(E) All otherwise acceptable offers received are at clearly unreasonable prices;
(F) There is reason to believe that the offers may not have been independently arrived at in open competition, may have been collusive, or may have been submitted in bad faith; or
(G) A determination by the chief procurement officer or a designee that a cancellation is in the public interest.
(b) A notice of cancellation shall be sent to all businesses solicited and the notice shall include:
(1) identity of the solicitation;
(2) Brief explanation of the reason (s) for cancellation; and
(3) Where appropriate, an explanation that an opportunity will be given to compete on any resolicitation or any future procurements of similar goods, services, or construction.
(c) Documentation on the reasons for cancellation shall be made a part of the procurement file and shall be available for public inspection.

Haw. Code R. § 3-122-96

[Eff 12/15/95; am and comp 11/17/97; am and comp MAR 21 2008] (Auth: HRS §§ 103D-202, 103D-308) (Imp: HRS § 103D-308)