CHAPTER 9. REQUEST FOR PROPOSALS

IC 5-22-9
    Chapter 9. Request for Proposals

IC 5-22-9-1
Use of request for proposals
    Sec. 1. Subject to the policies of the purchasing agency, apurchasing agent may award a contract using the procedure providedby this chapter.
As added by P.L.49-1997, SEC.1. Amended by P.L.160-2006, SEC.8;P.L.195-2007, SEC.4.

IC 5-22-9-2
Request for proposals; contents
    Sec. 2. The purchasing agent shall solicit proposals through arequest for proposals, which must include the following:
        (1) The factors or criteria that will be used in evaluating theproposals.
        (2) A statement concerning the relative importance of price andthe other evaluation factors.
        (3) A statement concerning whether the proposal must beaccompanied by a certified check or other evidence of financialresponsibility, which may be imposed in accordance with rulesof the governmental body.
        (4) A statement concerning whether discussions may beconducted with responsible offerors, who submit proposalsdetermined to be reasonably susceptible of being selected foraward.
As added by P.L.49-1997, SEC.1.

IC 5-22-9-3
Public notice of request for proposals
    Sec. 3. (a) The purchasing agency shall give public notice of therequest for proposals in the manner required by IC 5-3-1.
    (b) The purchasing agency for a state agency shall also provideelectronic access to the notice through the computer gatewayadministered by the office of technology.
    (c) The purchasing agency for a political subdivision may alsoprovide electronic access to the notice through the electronicgateway administered by the office of technology.
As added by P.L.49-1997, SEC.1. Amended by P.L.251-1999, SEC.6;P.L.31-2002, SEC.4; P.L.177-2005, SEC.23.

IC 5-22-9-4
Opening of proposals
    Sec. 4. Proposals must be opened so as to avoid disclosure ofcontents to competing offerors during the process of negotiation.
As added by P.L.49-1997, SEC.1.

IC 5-22-9-5
Register of proposals; contents    Sec. 5. (a) A register of proposals must be:
        (1) prepared; and
        (2) open for public inspection after contract award.
    (b) The register of proposals must contain the following:
        (1) A copy of the request for proposals.
        (2) A list of all persons to whom copies of the request forproposals were given.
        (3) A list of all proposals received, which must include all ofthe following:
            (A) The names and addresses of all offerors.
            (B) The dollar amount of each offer.
            (C) The name of the successful offeror and the dollaramount of that offeror's offer.
        (4) The basis on which the award was made.
        (5) The entire contents of the contract file except for proprietaryinformation included with an offer, such as trade secrets,manufacturing processes, and financial information that was notrequired to be made available for public inspection by the termsof the request for proposals.
As added by P.L.49-1997, SEC.1.

IC 5-22-9-6
Responsible offerors; discussions; final offers
    Sec. 6. As provided in the request for proposals or under the rulesor policies of the governmental body, discussions may be conductedwith, and best and final offers obtained from, responsible offerorswho submit proposals determined to be reasonably susceptible ofbeing selected for award.
As added by P.L.49-1997, SEC.1.

IC 5-22-9-7
Award
    Sec. 7. (a) Award shall be made to the responsible offeror whoseproposal is determined in writing to be the most advantageous to thegovernmental body, taking into consideration price and the otherevaluation factors set forth in the request for proposals.
    (b) If provided in the request for proposals, award may be madeto more than one (1) offeror whose proposals are determined inwriting to be advantageous to the governmental body, taking intoconsideration price and other evaluation factors set forth in therequest for proposals.
As added by P.L.49-1997, SEC.1.

IC 5-22-9-8
Rules; policies
    Sec. 8. The governmental body may provide by rule or policy that:
        (1) it is either not practicable or not advantageous to thegovernmental body to purchase specified types of supplies bycompetitive sealed bidding; and
        (2) receiving proposals is the preferred method for purchase of

that type of supply.
As added by P.L.49-1997, SEC.1.

IC 5-22-9-9
Fair and equal treatment of offerors
    Sec. 9. (a) Offerors must be accorded fair and equal treatmentwith respect to any opportunity for discussion and revisions ofproposals.
    (b) In conducting discussions with an offeror, information derivedfrom proposals submitted by competing offerors may be used indiscussion only if the identity of the offeror providing theinformation is not disclosed to others. The purchasing agency mustprovide equivalent information to all offerors with which thepurchasing agency chooses to have discussions.
As added by P.L.49-1997, SEC.1. Amended by P.L.160-2006, SEC.9;P.L.195-2007, SEC.5.

IC 5-22-9-10
Evaluation; factors and criteria
    Sec. 10. The only factors or criteria that may be used in theevaluation of proposals are those specified in the request forproposals.
As added by P.L.49-1997, SEC.1.