CHAPTER 6. BID OPENING AND AWARD OF CONTRACTS
IC 4-13.6-6
Chapter 6. Bid Opening and Award of Contracts
IC 4-13.6-6-1
Sealed bids; opening procedure; time to submit bids
Sec. 1. (a) All bids shall be sealed in an envelope when submitted
to the division.
(b) The division shall open bids in public and read them aloud at
the time and place designated in the instructions. Contractors and all
other members of the public are entitled to attend bid openings.
Before contractors and other members of the public are permitted to
inspect and copy bids, the division shall copy the bids as required by
IC 4-13.6-5-9.
(c) The division may not require any contractor to submit its bid
at any time earlier than the time specified in the instructions for
opening of bids.
As added by P.L.24-1985, SEC.7.
IC 4-13.6-6-2
Award of contracts
Sec. 2. Except as provided in rules adopted under section 2.5 of
this chapter, the division shall award a contract to the lowest
responsible and responsive contractor.
As added by P.L.24-1985, SEC.7. Amended by P.L.5-1993, SEC.11;
P.L.35-1995, SEC.2; P.L.66-2004, SEC.1; P.L.1-2010, SEC.7.
IC 4-13.6-6-2.5
Preference rules
Sec. 2.5. (a) As used in this section, "out-of-state business" refers
to a business that is not an Indiana business.
(b) The department may adopt rules under IC 4-22-2 to give a
preference to an Indiana business that submits a bid under this article
if all of the following apply:
(1) An out-of-state business submits a bid.
(2) The out-of-state business is a business from a state that
gives public works preferences unfavorable to Indiana
businesses.
(c) Rules adopted under subsection (b) must establish criteria for
determining the following:
(1) Whether a bidder qualifies as an Indiana business under the
rules.
(2) When another state's preference is unfavorable to Indiana
businesses.
(3) The method by which the preference for Indiana businesses
is to be computed.
(d) Rules adopted under subsection (b) may not give a preference
to an Indiana business that is more favorable to the Indiana business
than the other state's preference is to the other state's businesses.
As added by P.L.35-1995, SEC.3.
IC 4-13.6-6-2.7
Repealed
(Repealed by P.L.1-2010, SEC.156.)
IC 4-13.6-6-3
Rejection of all bids
Sec. 3. The division may, in the reasonable exercise of discretion,
reject all bids submitted.
As added by P.L.24-1985, SEC.7.
IC 4-13.6-6-4
Notice to proceed; extensions of time; notice of withdrawal of bid
and rejection of contract
Sec. 4. (a) Within sixty (60) days from the date on which bids are
opened, the division shall award a contract and shall provide the
successful contractor with written notice to proceed.
(b) If the division fails to award and execute a contract and to
issue notice to proceed within sixty (60) days that bids for the
contract are opened, the successful contractor may grant one (1) or
more extensions of time to the division to award a contract, to
execute the contract, and to give notice to proceed. The date that an
extension of time granted under this subsection expires must be a
date upon which the division and the successful contractor agree.
(c) After the sixty (60) day period set by subsection (a) and all
extension periods set under subsection (b) have expired, a successful
contractor may elect to withdraw its bid and reject the contract only
by delivering a written notice to the division that grants the division
at least fifteen (15) additional days to award a contract to the
successful contractor.
As added by P.L.24-1985, SEC.7.