CHAPTER 7. SELECTION AND AWARD

IC 5-30-7
    Chapter 7. Selection and Award

IC 5-30-7-1
Proposal requirements
    Sec. 1. A proposal submitted in response to a request forproposals described in IC 5-30-6 must satisfy the following:
        (1) The qualitative proposal and the price proposal must besubmitted simultaneously in separately sealed and identifiedpackages. The price proposal must remain sealed until openedin public under section 5 of this chapter.
        (2) A proposal must identify each person with whom the offerorproposes to enter into subcontracts for primary design servicesand primary construction services, including anysubcontractors, under the design-build contract. The publicagency may determine requirements under this section.
        (3) The price proposal must:
            (A) contain one (1) lump sum cost of all design, constructionengineering, inspection, and construction costs of theproposed project; or
            (B) establish a maximum cost of the design-build contractthat will not be exceeded if the proposal is accepted withoutchange.
        (4) The qualitative proposal must include all documents,information, and data requested in the request for proposals.
As added by P.L.74-2005, SEC.1.

IC 5-30-7-2
Submission of proposals to technical review committee
    Sec. 2. (a) The public agency shall submit the qualitativeproposals to the technical review committee.
    (b) The public agency may require clarifications from an offerorto ensure conformance of proposals with the design criteria andadministrative requirements.
    (c) The technical review committee may not consider a proposaluntil the design criteria developer provides its professional opinionthat the proposal conforms with the design criteria.
As added by P.L.74-2005, SEC.1.

IC 5-30-7-3
Scoring of proposals
    Sec. 3. (a) The technical review committee shall review thequalitative proposals and establish a score for each qualitativeproposal based on the factors, weighting, and process identified inthe request for proposals.
    (b) The technical review committee shall give a written compositescore for each qualitative proposal.
As added by P.L.74-2005, SEC.1.
IC 5-30-7-4
Opening of price proposals; notice
    Sec. 4. The public agency shall notify all offerors of the date,time, and location of the public opening of the sealed price proposalsat least seven (7) days before the opening date.
As added by P.L.74-2005, SEC.1.

IC 5-30-7-5
Adjusted price
    Sec. 5. The public agency shall publicly open the sealed priceproposals and divide each offeror's price by the written compositescore that the technical review committee has given to eachqualitative proposal to obtain an adjusted price.
As added by P.L.74-2005, SEC.1.

IC 5-30-7-6
Basis for accepting proposal
    Sec. 6. The public agency shall accept the proposal that providesthe public agency with the lowest adjusted price providing the bestvalue to the taxpayer. The public agency is not required to accept thelowest price proposal.
As added by P.L.74-2005, SEC.1.

IC 5-30-7-7
Rejection of proposals
    Sec. 7. The public agency may reject any and all proposals, exceptfor the purpose of evading the provisions and policies of this article.A public agency must make a rejection of proposals under thissection in a written document that states the reasons for rejectingproposals.
As added by P.L.74-2005, SEC.1.

IC 5-30-7-8
Negotiation of contract terms
    Sec. 8. (a) The public agency may negotiate any contract termwith the offeror selected under section 6 of this chapter, except forthose terms identified in the request for proposals as nonnegotiable.
    (b) If the public agency is unable to negotiate a contract with itsfirst selection, the public agency may:
        (1) terminate negotiations with that offeror; and
        (2) negotiate with the next lowest adjusted price offeror.
A public agency shall continue in accordance with this procedureuntil a contract agreement is reached or the selection process isterminated.
As added by P.L.74-2005, SEC.1.

IC 5-30-7-9
Ownership of drawings, specifications, and information
    Sec. 9. (a) Unless and until a proposal is accepted, the drawings,specifications, and other information in the proposal are the property

of the offeror.
    (b) After a proposal is accepted, ownership of the drawings,specifications, and information in the drawings and specificationsshall be determined under Indiana law and the terms of thedesign-build contract.
As added by P.L.74-2005, SEC.1.