Lac Courte Oreilles Law Library
Lac Courte Oreilles Tribal Code of Law.

PAP.2.8.010 Cancellation

(a) An invitation for bids, request for proposals, or other solicitation may be canceled before offers are due if:

(1) The Tribe no longer requires the supplies, services or construction;

(2) The Tribe can no longer reasonably expect to fund the procurement; or

(3) The proposed amendments to the solicitation would be of such magnitude that a new solicitation would be desirable.

(b) A solicitation may be canceled and all bids or proposals that have already been received may be rejected if:

(1) The supplies, services, or construction are no longer required;

(2) Ambiguous or otherwise inadequate specifications were part of the solicitation;

(3) The solicitation did not provide for consideration of all factors of significance to the Tribe;

(4) Prices exceed available funds and it would not be appropriate to adjust quantities to come within available funds;

(5) There is reason to believe that 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; or

(6) For good cause of a similar nature when it is in the best interest of the Tribe.

(c) The reasons for cancellation shall be documented in the procurement file. The Tribe shall also provide the reasons for cancellation and/or rejection upon request to any offeror solicited.

(d) A notice of cancellation shall be sent to all offers solicited, which if appropriate, shall explain that they will be given an opportunity to compete on any re-solicitation or future procurement of similar items.

(e) If all otherwise acceptable bids received in response to an invitation for bids are at unreasonable prices, or only one bid is received and the price is unreasonable, the Tribe shall cancel the solicitation and either:

(1) Re-solicit using a request for proposal; or

(2) If only one bid is received at an unreasonable price, the Tribe may consider using the noncompetitive proposals method.