CHAPTER 5. SELECTION OF CONTRACTOR BY REQUEST FOR PROPOSALS

IC 5-23-5
    Chapter 5. Selection of Contractor by Request for Proposals

IC 5-23-5-1
Public-private agreement; request for proposals required
    Sec. 1. Any public-private agreement contemplated by this chaptermust require the governmental body to request proposals under thischapter before entering into the public-private agreement.
As added by P.L.49-1997, SEC.34.

IC 5-23-5-2
Request for proposals; contents
    Sec. 2. Proposals for public-private agreements shall be solicitedthrough a request 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.
        (4) A statement concerning whether discussions may beconducted with the offerors for the purpose of clarification toassure full understanding of and responsiveness to thesolicitation requirements.
As added by P.L.49-1997, SEC.34.

IC 5-23-5-3
Request for proposals; notice
    Sec. 3. Notice of the request for proposals shall be given bypublication in accordance with IC 5-3-1.
As added by P.L.49-1997, SEC.34.

IC 5-23-5-4
Discussions regarding solicitation requirements
    Sec. 4. As provided in the request for proposals, discussions maybe conducted with the offerors for the purpose of clarification toassure full understanding of and responsiveness to the solicitationrequirements.
As added by P.L.49-1997, SEC.34.

IC 5-23-5-5
Fair and equal treatment of offerors
    Sec. 5. Eligible offerors must be accorded fair and equal treatmentwith respect to any opportunity for discussion and revisions ofproposals.
As added by P.L.49-1997, SEC.34.

IC 5-23-5-6
Disclosure of contents of proposals    Sec. 6. The governmental body may refuse to disclose thecontents of proposals during discussions with eligible offerors.
As added by P.L.49-1997, SEC.34.

IC 5-23-5-7
Negotiation for best and final offers
    Sec. 7. The governmental body shall negotiate the best and finaloffers of responsible offerors who submit proposals that aredetermined to be reasonably susceptible of being selected for apublic-private agreement.
As added by P.L.49-1997, SEC.34.

IC 5-23-5-8
Options upon receipt of best and final offer
    Sec. 8. After the best and final offers from responsible offerorshave been negotiated under section 7 of this chapter, thegovernmental body shall either make a recommendation to the boardto award the public-private agreement to an offeror or offerors orshall terminate the request for proposal process.
As added by P.L.49-1997, SEC.34.

IC 5-23-5-9
Public hearing on recommendation to award public-privateagreement; notice
    Sec. 9. If a recommendation to award the public-privateagreement is made to the board, the board shall schedule a publichearing on the recommendation and publish notice of the hearing one(1) time in accordance with IC 5-3-1 at least seven (7) days beforethe hearing. The notice shall include the following:
        (1) The date, time, and place of the hearing.
        (2) The subject matter of the hearing.
        (3) A description of the public-private agreement to be awarded.
        (4) The recommendation that has been made to award thepublic-private agreement to an identified offeror or offerors.
        (5) The address and telephone number of the board.
        (6) A statement indicating that the proposals and an explanationof the basis upon which the recommendation is being made areavailable for public inspection and copying at the principaloffice of the board during regular business hours.
As added by P.L.49-1997, SEC.34.

IC 5-23-5-10
Proposals and explanation of recommendation; inspection andcopying
    Sec. 10. (a) The proposals and a written explanation of the basisupon which the recommendation is being made shall be delivered tothe board and made available for inspection and copying inaccordance with IC 5-14-3 at least seven (7) days before the hearingscheduled under section 9 of this chapter.
    (b) At the hearing, the board shall allow the public to be heard on

the recommendation.
As added by P.L.49-1997, SEC.34.

IC 5-23-5-11
Response to request for proposals
    Sec. 11. After the procedures required in this chapter have beencompleted, the board shall make a determination as to the mostappropriate response to the request for proposals and may award thepublic-private agreement to the successful offeror or offerors.
As added by P.L.49-1997, SEC.34.

IC 5-23-5-12
Termination of request for proposal process
    Sec. 12. If the request for proposal process is terminated undersection 8 of this chapter, all proposals may, at the option of thegovernmental body, be returned to the offerors, and the governmentalbody may refuse to disclose the contents of the offers.
As added by P.L.49-1997, SEC.34.