Chapter 22 - IT Competitive Sealed Bidding / Invitation for Bid

§ 2.2-4319 of the Code of Virginia provides: "An Invitation to Bid, a Request for Proposal, any other solicitation, or any and all bids or proposals, may be canceled or rejected. The reasons for cancellation or rejection shall be made part of the contract file. A public body shall not cancel or reject an Invitation to Bid, a Request for Proposal, any other solicitation, bid or proposal pursuant to this section solely to avoid awarding a contract to a particular responsive and responsible bidder or offeror." An agency may reject any bid, in whole or in part, if any of the following circumstances exist:

• Bid offers supplies or services not in compliance with the requirements, specifications, or terms and conditions stated in the IFB.

• The price of the lowest responsive and responsible bid is excessive in comparison with market conditions or with the agency's available funds.

• The agency determines that awarding any item is not in its best interest.

• Forms required in the IFB do not contain complete information and the bid may be considered non-responsive. Information supplied by the bidder is not provided in the format specified in the IFB.

• The bid fails to acknowledge receipt of or comply with any IFB amendment(s).

• Bidder states in its IFB response that it will not accept an award unless the IFB terms and conditions are modified or altered.

• Bidder states it will only accept an award for all line items when the IFB allows award by line item or aggregate grouping of line items.

• The offer and award sheet of the IFB is not signed and there is no indication that the bidder is officially responding.

• A bid item does not meet the stated specifications in the IFB and the bidder has not indicated the item bid is an alternate.