(1) A public procurement procedure may be cancelled before opening of a tender if it is in the public interest to do so.
(2) A cancellation of a public procurement procedure before the opening of a tender is in the public interest —
(a) when the object of the public procurement is no longer required; or
(b) when the tendering document has to be modified so substantially that it will be more efficient and convenient to cancel the invitation to tender, revise the tendering document and re-issue an invitation to tender.
(3) A procuring entity may at any time cancel the public procurement procedure after the opening of tenders where —
(a) all the tenders are non-responsive;
(b) the lowest evaluated tender is substantially above the applicable updated cost estimate;
(c) the object of the public procurement is no longer required;
(d) it has become necessary, in the public interest, to modify the specifications or critical aspects of the conditions of the public procurement contract;
(e) defects or gaps in the specifications have been revealed, which prevent consideration of a substantially less expensive and functionally equivalent item other than the one called for in the tendering document, or which prevent consideration of all items of cost to the procuring entity in the evaluation process; or
(f) there is reliable evidence of collusive or other non-sanctioned behaviour from a supplier that has been reported to the Director.
(4) Written notice of cancellation of the public procurement procedure must be given to all tenderers that submitted a tender.
(5) Where a public procurement procedure is cancelled under this section, any tender received must be returned unopened to the tenderers.
(6) An invitation to re-tender must not be issued for public procurement on the same specifications and public procurement contract conditions unless the cancellation of the public procurement procedure is made on a ground specified in subsection (3)(a) or (b).