Section 27-100-3-301 - CANCELLATION OF SOLICITATIONS A Solicitation may be canceled, or any or all responses to the solicitation 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 shall be made part of the contract file.
3-301.01Scope of this Regulation The provisions herein shall govern the cancellation of any solicitations whether issued by the State under competitive sealed bidding, competitive sealed proposals, competitive sealed qualifications, or any other source selection method, and the rejection of bids, proposals, or statements of qualifications in whole or in part.
3-301.02Policy 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 State's best interest.
3-301.03Cancellation of Solicitation - Notice Each solicitation issued by the State shall declare that the solicitation may be canceled as provided herein.
3-301.04Cancellation of Solicitation; Rejection of All Bids, Proposals, or Statements of Qualifications3-301.04.1Prior to Opening(a) As used in this section, "opening" means the date set for opening of bids, receipt of unpriced technical offers in multi-step sealed bidding, receipt of proposals in competitive sealed proposals, or receipt of SOQs in competitive sealed qualifications. (b) Prior to opening, a solicitation may be canceled in whole or in part when the Agency Head determines in writing that such action is in the State's best interest for reasons including, but not limited to: (1) the agency no longer requires the services; (2) the agency no longer can reasonably expect to fund the procurement; or, (3) proposed amendments to the solicitation would be of such magnitude that a new solicitation is desirable. (c) When a solicitation is canceled prior to opening, notice of cancellation shall be sent to all businesses solicited. (d) 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 resolicitation or any future procurement of similar services. 3-301.04.2After Opening-Prior to Award(a) After opening but prior to award, all bids, proposals, or SOQs may be rejected in whole or in part when the Agency Head determines in writing that such action is in the State's best interest for reasons including, but not limited to: (1) the services being procured are no longer required; (2) ambiguous or otherwise inadequate specifications were part of the solicitation; (3) the solicitation did not provide for consideration of all factors of significance to the buying entity; (4) prices exceed available funds and it would not be appropriate to adjust quantities to come within available funds; (5) all otherwise acceptable bids, proposals, or SOQs received are at clearly unreasonable prices; or, (6) there is reason to believe that the bids, proposals, or SOQs may not have been independently arrived at in open competition, may have been collusive, or may have been submitted in bad faith. (b) A notice of rejection should be sent to all businesses that submitted bids, proposals, or SOQs, and shall conform to Section 3-301.04.1(d). 3-301.04.3After Opening After - Award After opening and after award, but prior to signing a contract, an award may be canceled when the Agency Head determines in writing that such action is in the State's best interest for reasons including, but not limited to:
(a) available funding for the contractual service has been discontinued; (b) credible evidence has been presented that the procurement was tainted; or, (c) the solicitation document allows the agency's stated reason for cancellation. 3-301.04.4Documentation The reasons for cancellation or rejection shall be made a part of the agency's procurement file and shall be available for public inspection.
3-301.05Rejection of Individual Bids, Proposals, or Statements of Qualifications3-301.05.1General This section applies to rejections of individual bids, proposals, or SOQs in whole or in part.
3-301.05.2Notice in Solicitation Each solicitation issued by the State shall provide that any bids, proposals, or SOQs may be rejected in whole or in part when in the best interest of the State.
3-301.05.3Reasons for Rejection(a)Bids. As used in this section, "bid" means any offer providing pricing submitted in competitive sealed bidding or in the second phase of multi-step sealed bidding, and includes submissions under Section 3-205 (Small Purchases), if no changes in offers are allowed after submission. Reasons for rejecting a bid include but are not limited to: (1) the business that submitted the bid is non-responsible as determined under Section 3-401.06 (Written Determination of Non-responsibility Required) of this chapter; (2) the bid is non-responsive; that is, it does not conform in all material respects to the Invitation for Bid, see Section 3-202.13.2 (Service/End Product Acceptability) of this chapter; (3) the supply or service item 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 Bid. See Section 3-202.13.2 (Service/End Product Acceptability); (4) lack of competitiveness by reason of collusion or knowledge that reasonably available competition was not received; (5) error in specifications or indication that revisions would be to the State's advantage; (6) cancellation or changes in the intended project or other determination that the proposed requirement is no longer needed; or (7) limitation or lack of available funds. (b)Proposals. As used in this section, "proposal" means any offer submitted in response to any solicitation for a proposal, including an offer under Section 3-205 (Small Purchases), except a bid as defined in Section 3-301.05.3(a). Unless the solicitation states otherwise, proposals need not be unconditionally accepted without alteration or correction, and the stated requirements may be revised or clarified after 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: (1) the offeror that submitted the proposal is non-responsible as determined under Section 3-401 (Responsibility of Bidders and Offerors); (2) 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, (3) the proposed price is clearly unreasonable. 3-301.05.4Notice of Rejection Vendors that have submitted bids, proposals, or SOQs which are rejected shall be promptly notified in writing of the rejection and the reasons therefor.
3-301.06"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 non-responsive. If the bid or proposal is properly so limited, the agency shall not reject part of such bid or proposal and award on the remainder. "All or none" bids shall not be requested unless it is determined that a multiple number of bidders can provide pricing on all items requested. If the "all or none" requirement limits the bidding to the point that only a single responsive bid is received, the PSCRB will not approve the request unless ample justification is presented.
3-301.07Disposition of Bids, Proposals, or Statements of Qualifications When bids, proposals, or SOQs are rejected, or a solicitation canceled after bids, proposals, or SOQs are received, the bids, proposals, or SOQs which have been opened shall be retained in the agency's procurement file.
27 Miss. Code. R. 100-3-301