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 chapter
must require the governmental body to request proposals under this
chapter 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 solicited
through a request for proposals, which must include the following:
(1) The factors or criteria that will be used in evaluating the
proposals.
(2) A statement concerning the relative importance of price and
the other evaluation factors.
(3) A statement concerning whether the proposal must be
accompanied by a certified check or other evidence of financial
responsibility.
(4) A statement concerning whether discussions may be
conducted with the offerors for the purpose of clarification to
assure full understanding of and responsiveness to the
solicitation 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 by
publication 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 may
be conducted with the offerors for the purpose of clarification to
assure full understanding of and responsiveness to the solicitation
requirements. 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 treatment
with respect to any opportunity for discussion and revisions of
proposals. 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 the
contents 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 final
offers of responsible offerors who submit proposals that are
determined to be reasonably susceptible of being selected for a
public-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 offerors
have been negotiated under section 7 of this chapter, the
governmental body shall either make a recommendation to the board
to award the public-private agreement to an offeror or offerors or
shall 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-private
agreement; notice
Sec. 9. If a recommendation to award the public-private
agreement is made to the board, the board shall schedule a public
hearing on the recommendation and publish notice of the hearing one
(1) time in accordance with IC 5-3-1 at least seven (7) days before
the 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 the
public-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 explanation
of the basis upon which the recommendation is being made are
available for public inspection and copying at the principal
office 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 and
copying
Sec. 10. (a) The proposals and a written explanation of the basis
upon which the recommendation is being made shall be delivered to
the board and made available for inspection and copying in
accordance with IC 5-14-3 at least seven (7) days before the hearing
scheduled 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 been
completed, the board shall make a determination as to the most
appropriate response to the request for proposals and may award the
public-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 under
section 8 of this chapter, all proposals may, at the option of the
governmental body, be returned to the offerors, and the governmental
body may refuse to disclose the contents of the offers. As added by P.L.49-1997, SEC.34.
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 chapter
must require the governmental body to request proposals under this
chapter 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 solicited
through a request for proposals, which must include the following:
(1) The factors or criteria that will be used in evaluating the
proposals.
(2) A statement concerning the relative importance of price and
the other evaluation factors.
(3) A statement concerning whether the proposal must be
accompanied by a certified check or other evidence of financial
responsibility.
(4) A statement concerning whether discussions may be
conducted with the offerors for the purpose of clarification to
assure full understanding of and responsiveness to the
solicitation 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 by
publication 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 may
be conducted with the offerors for the purpose of clarification to
assure full understanding of and responsiveness to the solicitation
requirements. 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 treatment
with respect to any opportunity for discussion and revisions of
proposals. 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 the
contents 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 final
offers of responsible offerors who submit proposals that are
determined to be reasonably susceptible of being selected for a
public-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 offerors
have been negotiated under section 7 of this chapter, the
governmental body shall either make a recommendation to the board
to award the public-private agreement to an offeror or offerors or
shall 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-private
agreement; notice
Sec. 9. If a recommendation to award the public-private
agreement is made to the board, the board shall schedule a public
hearing on the recommendation and publish notice of the hearing one
(1) time in accordance with IC 5-3-1 at least seven (7) days before
the 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 the
public-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 explanation
of the basis upon which the recommendation is being made are
available for public inspection and copying at the principal
office 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 and
copying
Sec. 10. (a) The proposals and a written explanation of the basis
upon which the recommendation is being made shall be delivered to
the board and made available for inspection and copying in
accordance with IC 5-14-3 at least seven (7) days before the hearing
scheduled 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 been
completed, the board shall make a determination as to the most
appropriate response to the request for proposals and may award the
public-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 under
section 8 of this chapter, all proposals may, at the option of the
governmental body, be returned to the offerors, and the governmental
body may refuse to disclose the contents of the offers. As added by P.L.49-1997, SEC.34.
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 chapter
must require the governmental body to request proposals under this
chapter 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 solicited
through a request for proposals, which must include the following:
(1) The factors or criteria that will be used in evaluating the
proposals.
(2) A statement concerning the relative importance of price and
the other evaluation factors.
(3) A statement concerning whether the proposal must be
accompanied by a certified check or other evidence of financial
responsibility.
(4) A statement concerning whether discussions may be
conducted with the offerors for the purpose of clarification to
assure full understanding of and responsiveness to the
solicitation 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 by
publication 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 may
be conducted with the offerors for the purpose of clarification to
assure full understanding of and responsiveness to the solicitation
requirements. 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 treatment
with respect to any opportunity for discussion and revisions of
proposals. 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 the
contents 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 final
offers of responsible offerors who submit proposals that are
determined to be reasonably susceptible of being selected for a
public-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 offerors
have been negotiated under section 7 of this chapter, the
governmental body shall either make a recommendation to the board
to award the public-private agreement to an offeror or offerors or
shall 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-private
agreement; notice
Sec. 9. If a recommendation to award the public-private
agreement is made to the board, the board shall schedule a public
hearing on the recommendation and publish notice of the hearing one
(1) time in accordance with IC 5-3-1 at least seven (7) days before
the 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 the
public-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 explanation
of the basis upon which the recommendation is being made are
available for public inspection and copying at the principal
office 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 and
copying
Sec. 10. (a) The proposals and a written explanation of the basis
upon which the recommendation is being made shall be delivered to
the board and made available for inspection and copying in
accordance with IC 5-14-3 at least seven (7) days before the hearing
scheduled 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 been
completed, the board shall make a determination as to the most
appropriate response to the request for proposals and may award the
public-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 under
section 8 of this chapter, all proposals may, at the option of the
governmental body, be returned to the offerors, and the governmental
body may refuse to disclose the contents of the offers. As added by P.L.49-1997, SEC.34.
