CHAPTER 7.5. ONLINE REVERSE AUCTIONS

IC 5-22-7.5
    Chapter 7.5. Online Reverse Auctions

IC 5-22-7.5-1
Authorization for reverse auction
    Sec. 1. (a) A purchasing agency may conduct a reverse auction forthe purchase of supplies by using an Internet purchasing site to:
        (1) issue an invitation for bids; and
        (2) receive bids.
    (b) Except as provided in this chapter, a purchasing agency and abidder must comply with the requirements of this article whenparticipating in a reverse auction.
As added by P.L.93-2004, SEC.9.

IC 5-22-7.5-2
Necessity for written policies
    Sec. 2. (a) Before conducting a reverse auction, the purchasingagency must adopt written policies that do the following:
        (1) Establish procedures for all the following:
            (A) Transmitting notices, solicitations, and specifications.
            (B) Receiving offers.
            (C) Making payments.
            (D) Protecting the identity of a bidder or an offeror.
            (E) For a reverse auction, providing for the display of theamount of each offer previously submitted for publicviewing.
            (F) Establishing the deadline by which offers must bereceived and will be considered to be open and available forpublic inspection.
            (G) Establishing the procedure for the opening of offers.
        (2) Require the purchasing agency to maintain adequatedocumentation regarding reverse auctions so that thetransactions may be audited as provided by law.
    (b) Written policies that comply with rules for an Internet publicpurchasing site adopted by the Indiana department of administrationunder IC 4-13-17-4 satisfy the requirements of this section.
As added by P.L.93-2004, SEC.9. Amended by P.L.160-2006, SEC.7.

IC 5-22-7.5-3
Bids in a reverse auction
    Sec. 3. If a purchasing agency issues an invitation for bids usinga reverse auction conducted through an Internet purchasing site underthis chapter, only bids made:
        (1) in accordance with the policies described in section 2 of thischapter; and
        (2) through the Internet purchasing site;
may be evaluated by the purchasing entity at the close of bidding.
As added by P.L.93-2004, SEC.9.
IC 5-22-7.5-4
Requirements of Internet purchasing site for reverse auction
    Sec. 4. When used for a reverse auction, an Internet purchasingsite must do the following:
        (1) Provide information that the purchasing entity considersnecessary or beneficial to potential bidders.
        (2) Display the amount of all bids previously submittedregarding the reverse auction for public viewing.
        (3) Conceal information that identifies a bidder.
        (4) Comply with this article.
As added by P.L.93-2004, SEC.9.

IC 5-22-7.5-5
Bidder fees
    Sec. 5. The purchasing agency may charge a bidder in a reverseauction a fee set in the written policies adopted under section 2 ofthis chapter.
As added by P.L.93-2004, SEC.9.

IC 5-22-7.5-6
Opening reverse auction bids
    Sec. 6. For purposes of IC 5-22-7-6, a bid made through anInternet purchasing site is considered to be opened when a computergenerated record of the information contained in all bids for aproposed purchase that were received by the site not later than theposted bid deadline is reviewed publicly by the purchasing agency inthe presence of one (1) or more witnesses at the time and placedesignated in the invitation for bids.
As added by P.L.93-2004, SEC.9.

IC 5-22-7.5-7
Noncollusion affirmation inapplicable
    Sec. 7. IC 5-22-16-6(a)(2) does not apply to a reverse auction.
As added by P.L.93-2004, SEC.9.

IC 5-22-7.5-8
Repealed
    (Repealed by P.L.160-2006, SEC.11.)