Chapter 4 - § 4.8 • CANCELLATION OF SOLICITATIONS AND REJECTIONS OF BIDS OR PROPOSALS

• Jurisdiction: Colorado

§ 4.8 • CANCELLATION OF SOLICITATIONS AND REJECTIONS OF BIDS OR PROPOSALS

Invitations for bids, requests for proposals, and other solicitations may be cancelled in whole or in part where it is in the best interest of the state at any time before a contract is executed.¹²⁸ Cancellation may be in the best interest of the state prior to opening bids when (1) the state no longer requires the construction; (2) the state no longer can reasonably expect to fund the procurement; (3) prices exceed available funds and it would not be appropriate for an adjustment; (4) all otherwise acceptable bids or proposals received are at clearly unreasonable prices; or (5) 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.¹²⁹ Where solicitations are cancelled, notice is sent to all persons who submitted bids or proposals.¹³⁰

The reasons for cancellation or rejection shall be made a part of the procurement record and shall be confidential for the period of time specified in C.R.S. § 24-103-301.¹³¹ When a solicitation is cancelled after bids or proposals are received, the bids or proposals that have been opened shall be retained in the procurement record, or if unopened, returned to the bidders or offerors upon request, at their expense, or otherwise disposed of.¹³²

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Notes:

^[128] C.R.S. § 24-103-301; 1 C.C.R. 101-9, R-24-103-301-01.

^[129] 1 C.C.R. 101-9, R-24-103-301-01(a).

^[130] 1 C.C.R. 101-9, R-24-103-301-01(b).

^[131] 1 C.C.R. 101-9...