CHAPTER 6. BID OPENING AND AWARD OF CONTRACTS
IC 4-13.6-6
Chapter 6. Bid Opening and Award of Contracts
IC 4-13.6-6-1
Sealed bids; opening procedure; time to submit bids
Sec. 1. (a) All bids shall be sealed in an envelope when submittedto the division.
(b) The division shall open bids in public and read them aloud atthe time and place designated in the instructions. Contractors and allother members of the public are entitled to attend bid openings.Before contractors and other members of the public are permitted toinspect and copy bids, the division shall copy the bids as required byIC 4-13.6-5-9.
(c) The division may not require any contractor to submit its bidat any time earlier than the time specified in the instructions foropening of bids.
As added by P.L.24-1985, SEC.7.
IC 4-13.6-6-2
Award of contracts
Sec. 2. Except as provided in rules adopted under section 2.5 ofthis chapter, the division shall award a contract to the lowestresponsible and responsive contractor.
As added by P.L.24-1985, SEC.7. Amended by P.L.5-1993, SEC.11;P.L.35-1995, SEC.2; P.L.66-2004, SEC.1; P.L.1-2010, SEC.7.
IC 4-13.6-6-2.5
Preference rules
Sec. 2.5. (a) As used in this section, "out-of-state business" refersto a business that is not an Indiana business.
(b) The department may adopt rules under IC 4-22-2 to give apreference to an Indiana business that submits a bid under this articleif all of the following apply:
(1) An out-of-state business submits a bid.
(2) The out-of-state business is a business from a state thatgives public works preferences unfavorable to Indianabusinesses.
(c) Rules adopted under subsection (b) must establish criteria fordetermining the following:
(1) Whether a bidder qualifies as an Indiana business under therules.
(2) When another state's preference is unfavorable to Indianabusinesses.
(3) The method by which the preference for Indiana businessesis to be computed.
(d) Rules adopted under subsection (b) may not give a preferenceto an Indiana business that is more favorable to the Indiana businessthan the other state's preference is to the other state's businesses.
As added by P.L.35-1995, SEC.3.
IC 4-13.6-6-2.7
Repealed
(Repealed by P.L.1-2010, SEC.156.)
IC 4-13.6-6-3
Rejection of all bids
Sec. 3. The division may, in the reasonable exercise of discretion,reject all bids submitted.
As added by P.L.24-1985, SEC.7.
IC 4-13.6-6-4
Notice to proceed; extensions of time; notice of withdrawal of bidand rejection of contract
Sec. 4. (a) Within sixty (60) days from the date on which bids areopened, the division shall award a contract and shall provide thesuccessful contractor with written notice to proceed.
(b) If the division fails to award and execute a contract and toissue notice to proceed within sixty (60) days that bids for thecontract are opened, the successful contractor may grant one (1) ormore extensions of time to the division to award a contract, toexecute the contract, and to give notice to proceed. The date that anextension of time granted under this subsection expires must be adate upon which the division and the successful contractor agree.
(c) After the sixty (60) day period set by subsection (a) and allextension periods set under subsection (b) have expired, a successfulcontractor may elect to withdraw its bid and reject the contract onlyby delivering a written notice to the division that grants the divisionat least fifteen (15) additional days to award a contract to thesuccessful contractor.
As added by P.L.24-1985, SEC.7.