Subject 665-2-5 REJECTION OF OFFERS
In soliciting offers, the agency or GTA may reject any offer in whole or in part. Basis for rejection shall include, but not be limited to, the agency or GTA deeming the offer unsatisfactory as to quantity, quality, delivery, price or service offered; the offer not complying with conditions of the solicitation document or with the intent of the proposed contract; lack of competitiveness by reason of collusion or otherwise or knowledge that reasonably available competition was not received; error(s) in specifications or indication that revision(s) would be to the state's advantage; cancellation of or changes in the intended project or other determination that the proposed requirement is no longer needed; limitation or lack of available funds; circumstances that prevent determination of the lowest best value offer; or any determination that rejection would be to the best interest of the state.
If an agency or GTA does not receive an offer that is deemed to be advantageous to the state in response to a solicitation or all offers are rejected and if it is determined that soliciting offers again would not be in the best interest of the State, as determined by the CIO, negotiations may be conducted with sources of supply that may be capable of satisfying the requirement. The negotiations shall be conducted by GTA or that agency if under their delegation. The results of the negotiations shall be reduced to writing and any resulting contract or notice of award document shall include standard language and terms and conditions issued by GTA. If the negotiations are conducted with only one source or if only one source responds to the negotiations, the reason for lack of competition shall be documented in writing for public record. The CIO or his designee may also conduct negotiations under conditions that merit a waiver of competition or in other situations that are advantageous to the state as determined.