CHAPTER 9. REQUEST FOR PROPOSALS
IC 5-22-9
Chapter 9. Request for Proposals
IC 5-22-9-1
Use of request for proposals
Sec. 1. Subject to the policies of the purchasing agency, a
purchasing agent may award a contract using the procedure provided
by this chapter.
As added by P.L.49-1997, SEC.1. Amended by P.L.160-2006, SEC.8;
P.L.195-2007, SEC.4.
IC 5-22-9-2
Request for proposals; contents
Sec. 2. The purchasing agent shall solicit proposals 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, which may be imposed in accordance with rules
of the governmental body.
(4) A statement concerning whether discussions may be
conducted with responsible offerors, who submit proposals
determined to be reasonably susceptible of being selected for
award.
As added by P.L.49-1997, SEC.1.
IC 5-22-9-3
Public notice of request for proposals
Sec. 3. (a) The purchasing agency shall give public notice of the
request for proposals in the manner required by IC 5-3-1.
(b) The purchasing agency for a state agency shall also provide
electronic access to the notice through the computer gateway
administered by the office of technology.
(c) The purchasing agency for a political subdivision may also
provide electronic access to the notice through the electronic
gateway administered by the office of technology.
As added by P.L.49-1997, SEC.1. Amended by P.L.251-1999, SEC.6;
P.L.31-2002, SEC.4; P.L.177-2005, SEC.23.
IC 5-22-9-4
Opening of proposals
Sec. 4. Proposals must be opened so as to avoid disclosure of
contents to competing offerors during the process of negotiation.
As added by P.L.49-1997, SEC.1.
IC 5-22-9-5
Register of proposals; contents
Sec. 5. (a) A register of proposals must be:
(1) prepared; and
(2) open for public inspection after contract award.
(b) The register of proposals must contain the following:
(1) A copy of the request for proposals.
(2) A list of all persons to whom copies of the request for
proposals were given.
(3) A list of all proposals received, which must include all of
the following:
(A) The names and addresses of all offerors.
(B) The dollar amount of each offer.
(C) The name of the successful offeror and the dollar
amount of that offeror's offer.
(4) The basis on which the award was made.
(5) The entire contents of the contract file except for proprietary
information included with an offer, such as trade secrets,
manufacturing processes, and financial information that was not
required to be made available for public inspection by the terms
of the request for proposals.
As added by P.L.49-1997, SEC.1.
IC 5-22-9-6
Responsible offerors; discussions; final offers
Sec. 6. As provided in the request for proposals or under the rules
or policies of the governmental body, discussions may be conducted
with, and best and final offers obtained from, responsible offerors
who submit proposals determined to be reasonably susceptible of
being selected for award.
As added by P.L.49-1997, SEC.1.
IC 5-22-9-7
Award
Sec. 7. (a) Award shall be made to the responsible offeror whose
proposal is determined in writing to be the most advantageous to the
governmental body, taking into consideration price and the other
evaluation factors set forth in the request for proposals.
(b) If provided in the request for proposals, award may be made
to more than one (1) offeror whose proposals are determined in
writing to be advantageous to the governmental body, taking into
consideration price and other evaluation factors set forth in the
request for proposals.
As added by P.L.49-1997, SEC.1.
IC 5-22-9-8
Rules; policies
Sec. 8. The governmental body may provide by rule or policy that:
(1) it is either not practicable or not advantageous to the
governmental body to purchase specified types of supplies by
competitive sealed bidding; and
(2) receiving proposals is the preferred method for purchase of
that type of supply.
As added by P.L.49-1997, SEC.1.
IC 5-22-9-9
Fair and equal treatment of offerors
Sec. 9. (a) Offerors must be accorded fair and equal treatment
with respect to any opportunity for discussion and revisions of
proposals.
(b) In conducting discussions with an offeror, information derived
from proposals submitted by competing offerors may be used in
discussion only if the identity of the offeror providing the
information is not disclosed to others. The purchasing agency must
provide equivalent information to all offerors with which the
purchasing agency chooses to have discussions.
As added by P.L.49-1997, SEC.1. Amended by P.L.160-2006, SEC.9;
P.L.195-2007, SEC.5.
IC 5-22-9-10
Evaluation; factors and criteria
Sec. 10. The only factors or criteria that may be used in the
evaluation of proposals are those specified in the request for
proposals.
As added by P.L.49-1997, SEC.1.