Section 70Sec./Art. 70

Reservation Clause. - The HoPE reserves the right to reject any and all Bids, declare a failure of bidding, or not award the contract in the following situations:

(a) If there is prima facie evidence of collusion between appropriate public officers or employees of the Procuring Entity, or between the BAC and any of the bidders, or if the collusion is between or among the bidders themselves, or between a bidder and a third party, including any act which restricts, suppresses or nullifies, or tends to restrict, suppress or nullify competition;

(b) If the BAC is found to have failed in following the prescribed bidding procurement; or

(c) For justifiable and reasonable grounds where the award of the contract will not redound to the benefit of the government in the following instances: (1) if the physical and economic conditions have significantly changed so as to render the project no longer economically, financially, or technically feasible, as determined by the HoPE; (2) if the project is no longer necessary, as determined by the HoPE; or (3) if the source of funds for the project has been withheld or reduced through no fault of the Procuring Entity.