HAR section 3-122-178(d)  indicates that if no responsive, responsible quotes are received the head of the purchasing agency may make the determination that it is neither advantageous or practicable to issue another solicitation on the e-procurement system.  As the buyer, your responsiblitiy is to provide the justification for the head of the purchasing agency to make that determination.   Here are some questions you need to be able to answer in the affirmative and with an explanation, as appropriate.

• Was the solicitation out for an adequate amount of time?
  (Recommended length is 7 working days.)
• Did the buyer ensure the appropriate vendors were in HePS prior to issuing the solicitation? 
  If the buyer didn't, then then the proper homework was not done.  (In the past, when buyers were required to obtain 3 quotes, buyers were required to find at least 3 vendors.)
• As appropriate, did the buyer notify previous vendors of the upcoming soliciation on HePS, advise them to call Michael Matsumoto, the vendor liaison for our vendor for HePS, SicommNet, and  provide a list of vendors (with contact information)?
• Did the buyer issue the solicitation with the appropriate commodity code to ensure it reached the right vendors?
• Were the specifications complete and clear?

If the answer to any of these questions is no, the solicitation should be resolicited on HePS.

If the answer to all questions above is yes, the following shall be addressed and submitted to the head of the purchasing agency for approval:

• whether specifications can be revised
  (if they cannot, explain why)
• time constraints
  (explain why there is no time to reissue)
• competition in the marketplace.

Documentation of the head of the purchasing agency determination shall be maintained in the procurement file.

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