Sec. 28-25(1). Cancellation of solicitations. An invitation for bids, a request for proposals, a request for qualifications, an invitation for reverse auction bids or other solicitation may be cancelled prior to opening or after opening when it is in the best interest of the city.
Sec. 28-25(2). Cancellation of solicitations prior to opening.
(a) As used in this section, "opening" means the date and time set for opening of bids, receipt of statements of qualifications or receipt of proposals in competitive sealed proposals or in the case of a reverse auction means the date and time set for the auction close.
(b) Prior to opening, a solicitation may be cancelled in whole or in part when the director determines in writing that such action is in the city's best interest for reasons including but not limited to:
(i) The city no longer requires the materials, services, or construction;
(ii) The city no longer can reasonably expect to fund the procurement;
(iii) Proposed amendments to the solicitation would be of such magnitude that a new solicitation is in the best interest of the city; or
(iv) It is otherwise not advantageous to the city.
(c) When a solicitation is cancelled prior to opening, notice of cancellation shall be publicly posted.
(d) The notice of cancellation shall:
(i) Identify the solicitation;
(ii) Briefly explain the reason for cancellation; and
(iii) Where appropriate, explain that an opportunity will be given to compete on any resolicitation or any future procurements of similar materials, services, or construction.
Sec. 28-25(3). Cancellation of solicitation after opening but prior to award.
(a) After opening but prior to award, a solicitation may be cancelled when the director determines in writing that such action is in the city's best interest for reasons including but not limited to:
(i) The city no longer requires the materials, services or construction;
(ii) Ambiguous, erroneous or otherwise inadequate specifications or scopes of work were part of the solicitation;
(iii) The solicitation did not provide for consideration of all factors of significance to the city;
(iv) Prices exceed available funds and it would not be appropriate to adjust quantities to come within available funds;
(v) All otherwise acceptable bids, statements of qualifications or proposals received are at clearly unreasonable prices;
(vi) There is reason to believe that the bids, statements of qualifications or proposals may not have been independently arrived at in open competition, may have been collusive, or may have been submitted in bad faith;
(vii) Competition was insufficient; or
(viii) It is otherwise not advantageous to the city.
(b) A notice of cancellation of the solicitation shall be sent to all persons that submitted bids, statements of qualifications or proposals, and it shall conform to subsection 28-25(2)(d) of this section.
(c) All bids, proposals or statements received shall remain, to the extent possible, confidential.
Sec. 28-25(4). Documentation. The reasons for cancellation shall be made a part of the procurement file and shall be available for public inspection.
(Ord. No. 10404, § 1, 5-15-07; Ord. No. 11296, § 1, 8-5-15)