IC 5-22-16
    Chapter 16. Qualifications and Duties of Offerors and ProspectiveContractors

IC 5-22-16-1
Responsibility of offeror; determination
    Sec. 1. (a) If a purchasing agent determines that an offeror is notresponsible, that determination must be made in writing by thepurchasing agent.
    (b) If an offeror fails to provide information required by thepurchasing agent concerning a determination of whether the offeroris responsible, that offeror may not be considered responsible underthis article.
    (c) Information furnished by an offeror under this section shall notbe disclosed outside the purchasing agency without the offeror's priorwritten consent.
    (d) In determining whether an offeror is responsible, a purchasingagent may consider the following factors:
        (1) The ability and capacity of the offeror to provide thesupplies or service.
        (2) The integrity, character, and reputation of the offeror.
        (3) The competency and experience of the offeror.
As added by P.L.49-1997, SEC.1.

IC 5-22-16-2
Responsiveness of offeror; determination
    Sec. 2. In determining whether an offeror is responsive, apurchasing agent may consider the following factors:
        (1) Whether the offeror has submitted an offer that conforms inall material respects to the specifications.
        (2) Whether the offeror has submitted an offer that compliesspecifically with the solicitation and the instructions to offerors.
        (3) Whether the offeror has complied with all applicablestatutes, ordinances, resolutions, or rules pertaining to theaward of a public contract.
As added by P.L.49-1997, SEC.1.

IC 5-22-16-3
Prequalified contractors
    Sec. 3. Prospective contractors may be prequalified for particulartypes of supplies. Solicitation mailing lists of potential contractorsmay include any or all of such prequalified persons.
As added by P.L.49-1997, SEC.1.

IC 5-22-16-4
Registration with secretary of state; payment of gross retail tax;condition of doing business
    Sec. 4. (a) An offeror that is a foreign corporation must beregistered with the secretary of state to do business in Indiana inorder to be considered responsible.    (b) This subsection applies to a purchase of tangible personalproperty for a state agency under a contract entered into or purchaseorder sent to an offeror (in the absence of a contract) after June 30,2007, including a purchase described in IC 5-22-8-2 or IC 5-22-8-3.A state agency may not purchase tangible personal property from aperson that is delinquent in the payment of amounts due from theperson under IC 6-2.5 (gross retail and use tax) unless the personprovides a statement from the department of state revenue that theperson's delinquent tax liability:
        (1) has been satisfied; or
        (2) has been released under IC 6-8.1-8-2.
    (c) The purchasing agent may award a contract to an offerorpending the offeror's registration with the secretary of state. If, in thejudgment of the purchasing agent, the offeror has not registeredwithin a reasonable period, the purchasing agent shall cancel thecontract. An offeror has no cause of action based on the cancellationof a contract under this subsection.
As added by P.L.49-1997, SEC.1. Amended by P.L.254-2003, SEC.3;P.L.66-2004, SEC.5; P.L.246-2005, SEC.54; P.L.211-2007, SEC.4.

IC 5-22-16-5
Evidence of financial responsibility
    Sec. 5. (a) A purchasing agent may specify in a solicitation that anofferor must provide evidence of financial responsibility in order tobe considered responsible. The evidence of financial responsibilitymay be a bond, certified check, or other evidence specified by thepurchasing agent in the solicitation.
    (b) An offeror must file evidence of financial responsibility in theamount, at the time, and as specified by the purchasing agent in thesolicitation.
    (c) If a bond or certified check is required as the evidence offinancial responsibility, the amount of the bond or certified checkmay not be set at more than ten percent (10%) of the contract price.The bond, certified check, or other evidence of financialresponsibility shall be made payable to the governmental body.
    (d) This section does not preclude the use of a performance bondin addition to the bid bond, certified check, or other evidence offinancial responsibility if the amount of the performance bond isstated in the solicitation.
    (e) The check of an unsuccessful offeror shall be returned to theofferor by the purchasing agent upon selection of successful offerors.The check of a successful offeror shall be held until delivery or untilcompletion of the contract.
As added by P.L.49-1997, SEC.1.

IC 5-22-16-6
Noncollusion affirmation
    Sec. 6. (a) An offeror must file with the purchasing agent anaffirmation, made under the penalties for perjury, that states insubstance the following:        (1) The offeror has not entered into a combination or anagreement:
            (A) relative to the price to be offered by a person;
            (B) to prevent a person from making an offer; or
            (C) to induce a person to refrain from making an offer.
        (2) The offeror's offer is made without reference to any otheroffer.
    (b) The purchasing agent may require the affirmation to be madein the contract documents.
    (c) The purchasing agent shall reject an offer that the purchasingagent finds to be collusive.
    (d) If after the purchasing agent has awarded the contract, thepurchasing agent discovers that the successful offeror's affirmationwas false, the purchasing agent shall declare the contract forfeitedand award a new contract.
    (e) A person convicted of perjury for filing a false affirmationunder this section may not be a party to a contract under this articlefor three (3) years following the date of conviction.
As added by P.L.49-1997, SEC.1.