Section 64Sec./Art. 64

Failure of Bidding. - There shall be a failure of bidding in competitive bidding, limited source bidding, or competitive dialogue if:

(a) No bids are received;

(b) All bidders are declared ineligible;

(c) No bid qualifies as the LCB, HRRB, or MEARB; or

(d) Whenever the bidder with the LCRB, HRRB, or MEARB, as the case may be, refuses, without justifiable cause, to accept the award of contract.

Under any of the above instances, the contract shall be re-published or reposted and re-bid. The BAC shall observe the same process and set the new periods according to the same rules followed during the first bidding. After the second failed bidding, however, the BAC may resort to negotiated procurement as provided for in Section 35 of this Act.