CHAPTER 7.3. NEGOTIATED BIDDING
IC 5-22-7.3
Chapter 7.3. Negotiated Bidding
IC 5-22-7.3-1
Applicability
Sec. 1. (a) This chapter applies only to a purchasing agency in theexecutive branch.
(b) Subject to the policies of the purchasing agency, a purchasingagent may follow the procedure described in this chapter in awardinga contract for supplies instead of awarding a contract underIC 5-22-7.
As added by P.L.160-2006, SEC.6.
IC 5-22-7.3-2
Invitations for bids; requirements
Sec. 2. (a) A purchasing agent may issue an invitation for bids.
(b) An invitation for bids must include the following:
(1) A purchase description.
(2) All contractual terms and conditions that apply to thepurchase.
(3) A statement of which, if any, of the following will be usedto evaluate bids:
(A) Inspection.
(B) Testing.
(C) Quality.
(D) Workmanship.
(E) Delivery.
(F) Suitability for a particular purpose.
(G) The requirement imposed under IC 5-22-3-5.
(H) Any other evaluation criteria stated in the invitation forbids.
(4) The procedure for opening the bids, including the date, time,and place for opening the bids.
(5) A statement concerning whether a bid must be accompaniedby a certified check or other evidence of financial responsibilitythat may be required in accordance with policies of thepurchasing agency.
(6) A statement concerning the conditions under which a bidmay be canceled or rejected in whole or in part as specifiedunder IC 5-22-18-2.
(7) A statement concerning whether, and the procedures underwhich, discussions may be conducted with bidders before acontract is awarded. The procedures for conducting discussionswith bidders must be consistent with fair competition among allbidders.
As added by P.L.160-2006, SEC.6.
IC 5-22-7.3-3
Evaluation criteria
Sec. 3. Evaluation criteria that will: (1) affect the bid price; and
(2) be considered in the evaluation for an award;
must be objectively measurable.
As added by P.L.160-2006, SEC.6.
IC 5-22-7.3-4
Criteria used in bid evaluation
Sec. 4. Only criteria specified in the invitation for bids may beused in bid evaluation.
As added by P.L.160-2006, SEC.6.
IC 5-22-7.3-5
Invitation for bids; notice
Sec. 5. (a) The purchasing agency shall:
(1) give notice of the invitation for bids in the manner requiredby IC 5-3-1; and
(2) provide electronic access to the notice through the computergateway administered by the office of technology.
As added by P.L.160-2006, SEC.6.
IC 5-22-7.3-6
Bid opening; agency employee witnesses
Sec. 6. (a) An employee of the purchasing agency shall open bidsin the presence of one (1) or more other employees of the purchasingagency according to the procedure stated in the invitation for bids asrequired by section 2(b)(4) of this chapter.
(b) Individuals other than employees of the purchasing agencymay not be present at an opening of bids unless the bids are openedpublicly.
As added by P.L.160-2006, SEC.6.
IC 5-22-7.3-7
Bids; confidentiality during negotiation; evaluation
Sec. 7. Bids must be:
(1) opened so as to avoid disclosure of contents to competingbidders during the process of negotiation; and
(2) evaluated based on the requirements provided in theinvitation for bids.
As added by P.L.160-2006, SEC.6.
IC 5-22-7.3-8
Contract award
Sec. 8. A contract must be awarded with reasonable promptnessby written notice to the lowest responsible and responsive bidder.
As added by P.L.160-2006, SEC.6.
IC 5-22-7.3-9
Bid register requirements; public inspection of contract files;confidential proprietary information
Sec. 9. (a) The purchasing agency shall prepare a bid register. (b) The bid register must contain the following:
(1) A copy of all documents that are included as part of theinvitation for bids.
(2) A list of all persons to whom copies of the invitation forbids were given.
(3) A list of all bids received. The list of bids received mustinclude the following information:
(A) The name and address of each bidder.
(B) The dollar amount of all bid prices received during thebidding process.
(C) The name of the successful bidder and the dollar amountof that bidder's bid.
(4) The basis on which the award was made.
(5) Documentation of the purchasing agency's negotiatingprocess with bidders. The documentation must include thefollowing:
(A) A log of the date and times of each meeting with abidder. The log must include the identity of the bidder.
(B) A description of the nature of all communications witheach bidder.
(C) Subject to subdivision (6), a copy of all writtencommunications, including electronic communications, witheach bidder.
(6) The entire contents of the contract file except for proprietaryinformation included with a bid, such as trade secrets,manufacturing processes, and financial information that was notrequired to be made available for public inspection by the termsof the invitation for bids.
(c) Except as provided in section 10 of this chapter, the bidregister is subject to public inspection only after the contract award.
As added by P.L.160-2006, SEC.6.
IC 5-22-7.3-10
Purchases over $200,000
Sec. 10. (a) This section applies only if the amount of thepurchase is more than two hundred thousand dollars ($200,000).
(b) After the purchasing agency has completed any negotiations,the purchasing agency shall set a date, time, and place for publishingthe bid register required by section 9 of this chapter. The date setunder this subsection may not be less than seven (7) days before thepurchasing agency notifies the successful bidder of the award of thecontract.
As added by P.L.160-2006, SEC.6.
IC 5-22-7.3-11
Erroneous bids
Sec. 11. (a) The purchasing agency may establish policies to allowany of the following:
(1) Correction or withdrawal of inadvertently erroneous bidsbefore or after an award. (2) Cancellation of awards or contracts based on a mistakedescribed in subdivision (1).
(b) Except as provided in a rule or policy, a purchasing agencymust make a written decision to:
(1) permit the correction or withdrawal of a bid; or
(2) cancel awards or contracts based on bid mistakes.
As added by P.L.160-2006, SEC.6.
IC 5-22-7.3-12
Additional material in bid
Sec. 12. If a bidder inserts contract terms or bids on items notspecified in the invitation for bids, the purchasing agent shall treatthe additional material as a proposal for addition to the contract andmay do any of the following:
(1) Declare the bidder nonresponsive.
(2) Permit the bidder to withdraw the proposed additions to thecontract in order to meet the requirements and criteria providedin the invitation for bids.
(3) Accept any of the proposed additions to the contract, subjectto section 13 of this chapter.
As added by P.L.160-2006, SEC.6.
IC 5-22-7.3-13
Acceptance of contract additions; written determination by agencyrequired
Sec. 13. (a) The purchasing agent may not accept proposedadditions to the contract that are prejudicial to the interest of thegovernmental body or fair competition.
(b) A decision of the purchasing agent to permit a change to therequirements of the invitation for bids must be supported by a writtendetermination by the purchasing agency.
As added by P.L.160-2006, SEC.6.