IC 13-21-6
    Chapter 6. Contracts and Agreements for Construction orOperation of Solid Waste Management Facilities

IC 13-21-6-1
Length, duration, and terms; amendments, extensions, andsupplements; maximum term
    Sec. 1. (a) Notwithstanding any other statute concerning thelength, duration, and terms of contracts and agreements, a board mayenter into a contract or an agreement with a person, upon terms andconditions as agreed upon, for the:
        (1) design;
        (2) construction;
        (3) operation;
        (4) financing;
        (5) ownership; or
        (6) maintenance;
of a facility for solid waste management in accordance with therequirements and conditions of this chapter.
    (b) Before or after the expiration or termination of the term orduration of a contract or an agreement entered into under this chapteror IC 13-9.5-8 (before its repeal), the board, in accordance with therequirements and conditions of this chapter, may periodically enterinto amended, extended, supplemental, new, or further contracts oragreements with the same person or any other person for any purposereferred to in this chapter.
    (c) A contract, including all amendments, extensions, andsupplements, may not exceed a term of forty (40) years.
As added by P.L.1-1996, SEC.11.

IC 13-21-6-2
Award of contract
    Sec. 2. Notwithstanding any other statute, a contract entered intobetween a board and any person under this chapter may be awardedby the board by:
        (1) public bidding in compliance with IC 36-1-12; or
        (2) compliance with sections 3 through 8 of this chapter.
As added by P.L.1-1996, SEC.11.

IC 13-21-6-3
Request for qualifications and proposals
    Sec. 3. (a) A board may, by resolution, require that a person thatdesires to submit a proposal in response to a request for proposalsmust prequalify as a proposer by submitting information, in responseto a request for qualifications, relating to the following:
        (1) The experience of the proposer.
        (2) The basis on which the proposer purports to be qualified tocarry out all work required by a proposed contract.
        (3) The financial condition of the proposer.
    (b) The board may set minimum requirements regarding these

qualifications in a request for qualifications.
As added by P.L.1-1996, SEC.11.

IC 13-21-6-4
Notice; time limitations
    Sec. 4. (a) Before the issuance of a request for proposals underthis chapter, the board must do the following:
        (1) Adopt a proposed request for proposals by resolution.
        (2) Publish a public notice that may contain a request forqualifications if a prequalification process has been adoptedunder section 3 of this chapter, including the criteria on whichproposers may be selected.
    (b) The public notice must do the following:
        (1) Include the intent to issue a request for proposals.
        (2) Designate times and places where the proposed request forproposals may be viewed by the general public.
        (3) State the time of commencement of the thirty (30) dayperiod established in this section, which constitutes the eventreferred to in IC 5-3-1-2.
    (c) The board shall allow not more than a thirty (30) day periodfor the following:
        (1) The submission of qualifications, if required.
        (2) Comments on the proposed request for proposals.
    (d) After the thirty (30) day period described in subsection (c)expires, the board shall do the following:
        (1) Select at least one (1) proposer.
        (2) Adopt a request for proposals.
    (e) Comments may be addressed to the scope or contents of theproposed request for proposals.
    (f) The board shall do the following:
        (1) Notify each proposer of their selection.
        (2) Inform each proposer of the date and place proposals are tobe submitted.
        (3) Deliver to each proposer a copy of the request for proposal.
As added by P.L.1-1996, SEC.11.

IC 13-21-6-5
Final form
    Sec. 5. (a) The board may do the following:
        (1) Prescribe the form and content of proposals.
        (2) In the request for proposals, set the maximum allowable costlimits that the board determines to be appropriate.
    (b) The proposer must submit sufficiently detailed information topermit a fair and equitable evaluation by the board of the proposal.
As added by P.L.1-1996, SEC.11.

IC 13-21-6-6
Receipt of proposals; time limitations
    Sec. 6. Proposals may not be received before thirty (30) daysfollowing notification to the proposers of their selection.As added by P.L.1-1996, SEC.11.

IC 13-21-6-7
Criteria for consideration in evaluation of proposals
    Sec. 7. The board:
        (1) shall evaluate proposals received under this chapter withregard to net cost or net revenues; and
        (2) in the manner consistent with provisions set forth in therequests for proposals, may evaluate proposals on the basis ofadditional factors such as the following:
            (A) The technical evaluation of facility design.
            (B) Net energy efficiency.
            (C) Environmental protection.
            (D) Overall system reliability.
            (E) Financial condition of the proposer.
As added by P.L.1-1996, SEC.11.

IC 13-21-6-8
Preliminary contract awards; public hearing; notice; final form
    Sec. 8. (a) The board may:
        (1) negotiate with the proposers; and
        (2) make a preliminary contract award to any responsibleproposer.
    (b) The board shall give public notice of a public hearing, whichmust designate the time and place of a public hearing at which theboard will hear comments upon the preliminary contract to beawarded.
    (c) Following the public hearing, the board shall make a finalcontract award to any responsible proposer selected under thischapter based on a determination that the selected proposal is themost responsive to the needs of the district. The final contract awardmust:
        (1) be in the form of a resolution; and
        (2) include particularized findings relative to factors evaluatedunder section 7 of this chapter indicating that:
            (A) the district's needs are met by the final contract award;and
            (B) the action is in the public interest.
As added by P.L.1-1996, SEC.11.

IC 13-21-6-9
Request for proposals; required information
    Sec. 9. Requests for proposals must include the following:
        (1) A clear identification and specification of all elements ofcost that will become charges to the district, in whatever form,in return for the fulfillment by the proposer of all tasks andresponsibilities established by the request for proposals for thefull lifetime of a proposed contract, including matters such asthe following:
            (A) Proposals for project staffing.            (B) Implementation of all work tasks.
            (C) Carrying out of all responsibility required by theproposed contract.
            (D) The cost of planning, design, construction, operation,management, or maintenance of any facility.
            (E) The cost of solid waste management.
        (2) A clear identification and specification of any revenues thatwould accrue to the district from the sale of any byproducts orfrom any other source.
        (3) Other information that the board determines to have amaterial bearing on the board's ability to evaluate a proposal inaccordance with this chapter.
As added by P.L.1-1996, SEC.11.

IC 13-21-6-10
Contesting validity of contract awarded; time limitation onbringing action
    Sec. 10. An action to contest:
        (1) the validity of a contract awarded; or
        (2) the procedure by which the contract was awarded;
must be brought within thirty (30) days following the final contractaward. After that date, the contract is incontestable for any cause.
As added by P.L.1-1996, SEC.11.