CHAPTER 16. QUALIFICATIONS AND DUTIES OF OFFERORS AND PROSPECTIVE CONTRACTORS
IC 5-22-16
Chapter 16. Qualifications and Duties of Offerors and Prospective
Contractors
IC 5-22-16-1
Responsibility of offeror; determination
Sec. 1. (a) If a purchasing agent determines that an offeror is not
responsible, that determination must be made in writing by the
purchasing agent.
(b) If an offeror fails to provide information required by the
purchasing agent concerning a determination of whether the offeror
is responsible, that offeror may not be considered responsible under
this article.
(c) Information furnished by an offeror under this section shall not
be disclosed outside the purchasing agency without the offeror's prior
written consent.
(d) In determining whether an offeror is responsible, a purchasing
agent may consider the following factors:
(1) The ability and capacity of the offeror to provide the
supplies or service.
(2) The integrity, character, and reputation of the offeror.
(3) The competency and experience of the offeror.
As added by P.L.49-1997, SEC.1.
IC 5-22-16-2
Responsiveness of offeror; determination
Sec. 2. In determining whether an offeror is responsive, a
purchasing agent may consider the following factors:
(1) Whether the offeror has submitted an offer that conforms in
all material respects to the specifications.
(2) Whether the offeror has submitted an offer that complies
specifically with the solicitation and the instructions to offerors.
(3) Whether the offeror has complied with all applicable
statutes, ordinances, resolutions, or rules pertaining to the
award of a public contract.
As added by P.L.49-1997, SEC.1.
IC 5-22-16-3
Prequalified contractors
Sec. 3. Prospective contractors may be prequalified for particular
types of supplies. Solicitation mailing lists of potential contractors
may include any or all of such prequalified persons.
As added by P.L.49-1997, SEC.1.
IC 5-22-16-4
Registration with secretary of state; payment of gross retail tax;
condition of doing business
Sec. 4. (a) An offeror that is a foreign corporation must be
registered with the secretary of state to do business in Indiana in
order to be considered responsible.
(b) This subsection applies to a purchase of tangible personal
property for a state agency under a contract entered into or purchase
order sent to an offeror (in the absence of a contract) after June 30,
2007, including a purchase described in IC 5-22-8-2 or IC 5-22-8-3.
A state agency may not purchase tangible personal property from a
person that is delinquent in the payment of amounts due from the
person under IC 6-2.5 (gross retail and use tax) unless the person
provides a statement from the department of state revenue that the
person's delinquent tax liability:
(1) has been satisfied; or
(2) has been released under IC 6-8.1-8-2.
(c) The purchasing agent may award a contract to an offeror
pending the offeror's registration with the secretary of state. If, in the
judgment of the purchasing agent, the offeror has not registered
within a reasonable period, the purchasing agent shall cancel the
contract. An offeror has no cause of action based on the cancellation
of a contract under this subsection.
As added by P.L.49-1997, SEC.1. Amended by P.L.254-2003, SEC.3;
P.L.66-2004, SEC.5; P.L.246-2005, SEC.54; P.L.211-2007, SEC.4.
IC 5-22-16-5
Evidence of financial responsibility
Sec. 5. (a) A purchasing agent may specify in a solicitation that an
offeror must provide evidence of financial responsibility in order to
be considered responsible. The evidence of financial responsibility
may be a bond, certified check, or other evidence specified by the
purchasing agent in the solicitation.
(b) An offeror must file evidence of financial responsibility in the
amount, at the time, and as specified by the purchasing agent in the
solicitation.
(c) If a bond or certified check is required as the evidence of
financial responsibility, the amount of the bond or certified check
may not be set at more than ten percent (10%) of the contract price.
The bond, certified check, or other evidence of financial
responsibility shall be made payable to the governmental body.
(d) This section does not preclude the use of a performance bond
in addition to the bid bond, certified check, or other evidence of
financial responsibility if the amount of the performance bond is
stated in the solicitation.
(e) The check of an unsuccessful offeror shall be returned to the
offeror by the purchasing agent upon selection of successful offerors.
The check of a successful offeror shall be held until delivery or until
completion of the contract.
As added by P.L.49-1997, SEC.1.
IC 5-22-16-6
Noncollusion affirmation
Sec. 6. (a) An offeror must file with the purchasing agent an
affirmation, made under the penalties for perjury, that states in
substance the following:
(1) The offeror has not entered into a combination or an
agreement:
(A) relative to the price to be offered by a person;
(B) to prevent a person from making an offer; or
(C) to induce a person to refrain from making an offer.
(2) The offeror's offer is made without reference to any other
offer.
(b) The purchasing agent may require the affirmation to be made
in the contract documents.
(c) The purchasing agent shall reject an offer that the purchasing
agent finds to be collusive.
(d) If after the purchasing agent has awarded the contract, the
purchasing agent discovers that the successful offeror's affirmation
was false, the purchasing agent shall declare the contract forfeited
and award a new contract.
(e) A person convicted of perjury for filing a false affirmation
under this section may not be a party to a contract under this article
for three (3) years following the date of conviction.
As added by P.L.49-1997, SEC.1.