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<regulation prefix="Regulation" num=".02" citation="COMAR 21.06.02.02" title_num="21" subtitle_num="06" chapter_num="02" heading="Cancellation of Invitations for Bids or Requests for Proposals.">
  <paragraph num="A.">
    <text>Notice. Each solicitation issued by a procurement agency shall state that the solicitation may be cancelled as provided in this regulation.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Cancellation Before Opening.</text>
    <paragraph num="(1)">
      <text>Before opening of bids or proposals, a solicitation may be cancelled in whole or in part when the procurement agency, with the approval of the appropriate Department head or designee, determines that this action is fiscally advantageous to the State or otherwise in its best interest. Reasons for cancellation include but are not limited to:</text>
      <paragraph num="(a)">
        <text>The absence of a continued need for the procurement;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>When proposed amendments to the solicitation would be of such magnitude and substance that a new solicitation is desirable.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>When a solicitation is cancelled before bid or proposal opening, the bids or proposals shall be returned to the vendors submitting them and vendors shall be given notice of the cancellation. The notice of cancellation shall:</text>
      <paragraph num="(a)">
        <text>Identify the solicitation;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Briefly explain the reason for cancellation; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>If appropriate, explain that opportunity will be given to compete on any resolicitation or any future procurements of a similar nature.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Rejection of All Bids or Proposals.</text>
    <paragraph num="(1)">
      <text>After opening of bids or proposals but before award, all bids or proposals may be rejected in whole or in part when the procurement agency, with the approval of the appropriate Department head or designee, determines that this action is fiscally advantageous or otherwise in the State's best interest. Reasons for rejection of all bids or proposals include but are not limited to:</text>
      <paragraph num="(a)">
        <text>The absence of a continued need for the procurement;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The State agency no longer can reasonably expect to fund the procurement;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Proposed amendments to the solicitation would be of such magnitude that a new solicitation is desirable;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Prices exceed available funds and it would not be appropriate to adjust quantities to come within available funds;</text>
      </paragraph>
      <paragraph num="(e)">
        <text>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;</text>
      </paragraph>
      <paragraph num="(f)">
        <text>Bids received indicate that the needs of the State agency can be satisfied by a less expensive equivalent item differing from that on which the bids or proposals were invited; or</text>
      </paragraph>
      <paragraph num="(g)">
        <text>All otherwise acceptable bids or proposals received are at unreasonable prices.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>A notice of rejection of all bids or proposals shall be sent to all vendors that submitted bids or proposals, and it shall conform to §B(2).</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Documentation. The determination of the reasons for cancellation or rejection of all bids or proposals shall be made a part of the procurement file.</text>
  </paragraph>
</regulation>