Indiana § 5-22-7-13 - Acceptance of proposed additions to contract; permitted changes to requirements of invitation for bids

§ 5-22-7-13. Acceptance of proposed additions to contract; permitted changes to requirements of invitation for bids

Sec. 13. (a) The purchasing agent may not accept proposed additions to the contract that are prejudicial to the interest of the governmental body or fair competition.

(b) A decision of the purchasing agent to permit a change to the requirements of the invitation for bids must be supported by a written determination by the purchasing agency.

As added by P.L.49-1997, SEC.1.

IC 5-22-7.3Chapter 7.3. Negotiated Bidding

5-22-7.3-1Applicability 5-22-7.3-2Invitations for bids; requirements 5-22-7.3-3Evaluation criteria 5-22-7.3-4Criteria used in bid evaluation 5-22-7.3-5Invitation for bids; notice 5-22-7.3-6Bid opening; agency employee witnesses 5-22-7.3-7Bids; confidentiality during negotiation; evaluation 5-22-7.3-8Contract award 5-22-7.3-9Bid register requirements; public inspection of contract files; confidential proprietary information 5-22-7.3-10Purchases over $200,000 5-22-7.3-11Erroneous bids 5-22-7.3-12Additional material in bid 5-22-7.3-13Acceptance of contract additions; written determination by agency required

IC 5-22-7.3-1Applicability Sec. 1. (a) This chapter applies only to a purchasing agency in the executive branch.

(b) Subject to the policies of the purchasing agency, a purchasing agent may follow the procedure described in this chapter in awarding a contract for supplies instead of awarding a contract under IC 5-22-7.

As added by P.L.160-2006, SEC.6.

IC 5-22-7.3-2Invitations for bids; requirements Sec. 2. (a) A purchasing agent may issue an invitation for bids.

(b) An invitation for bids must include the following:

(1) A purchase description.

(2) All contractual terms and conditions that apply to the purchase.

(3) A statement of which, if any, of the following will be used to evaluate bids:

(A) Inspection.

(B) Testing.

(C) Quality.

(D) Workmanship.

(E) Delivery.

(F) Suitability for a particular purpose.

(G) The requirement imposed under IC 5-22-3-5.

(H) Any other evaluation criteria stated in the invitation for bids.

(4) The procedure for opening the bids, including the date, time, and place for opening the bids.

(5) A statement concerning whether a bid must be accompanied by a certified check or other evidence of financial responsibility that may be required in accordance with policies of the purchasing agency.

(6) A statement concerning the conditions under which a bid may be canceled or rejected in whole or in part as specified under IC 5-22-18-2.

(7) A statement concerning whether, and the procedures under which, discussions may be conducted with bidders before a contract is awarded. The procedures for conducting discussions with bidders must be consistent with fair competition among all bidders.

As added by P.L.160-2006, SEC.6.

IC 5-22-7.3-3Evaluation criteria Sec. 3. Evaluation criteria that will:

(1) affect the bid price; and

(2) be considered in the evaluation for an award;

must be objectively measurable.

As added by P.L.160-2006, SEC.6.

IC 5-22-7.3-4Criteria used in bid evaluation Sec. 4. Only criteria specified in the invitation for bids may be used in bid evaluation.

As added by P.L.160-2006, SEC.6.

IC 5-22-7.3-5Invitation for bids; notice Sec. 5. The purchasing agency shall:

(1) give notice of the invitation for bids in the manner required by IC 5-3-1; and

(2) provide electronic access to the notice through the computer gateway administered by the office of technology.

As added by P.L.160-2006, SEC.6. Amended by P.L.10-2019, SEC.33.

IC 5-22-7.3-6Bid opening; agency employee witnesses Sec. 6. (a) An employee of the purchasing agency shall open bids in the presence of one (1) or more other employees of the purchasing agency according to the procedure stated in the invitation for bids as required by section 2(b)(4) of this chapter.

(b) Individuals other than employees of the purchasing agency may not be present at an opening of bids unless the bids are opened publicly.

As added by P.L.160-2006, SEC.6.

IC 5-22-7.3-7Bids; confidentiality during negotiation; evaluation Sec. 7. Bids must be:

(1) opened so as to avoid disclosure of contents to competing bidders during the process of negotiation; and

(2) evaluated based on the requirements provided in the invitation for bids.

As added by P.L.160-2006, SEC.6.

IC 5-22-7.3-8Contract award Sec. 8. A contract must be awarded with reasonable promptness by written notice to the lowest responsible and responsive bidder.

As added by P.L.160-2006, SEC.6.

IC 5-22-7.3-9Bid register requirements; public inspection of contract files; confidential proprietary information Sec. 9. (a) The purchasing agency shall prepare a bid register.

(b) The bid register must contain the following:

(1) A copy of all documents that are included as part of the invitation for bids.

(2) A list of all persons to whom copies of the invitation for bids were given.

(3) A list of all bids received. The list of bids received must include the following information:

(A) The name and address of each bidder.

(B) The dollar amount of all bid prices received during the bidding process.

(C) The name of the successful bidder and the dollar amount of that bidder's bid.

(4) The basis on which the award was made.

(5) Documentation of the purchasing agency's negotiating process with bidders. The documentation must include the following:

(A) A log of the date and times of each meeting with a bidder. The log must include the identity of the bidder.

(B) A description of the nature of all communications with each bidder.

(C) Subject to subdivision (6), a copy of all written communications, including electronic communications, with each bidder.

(6) The entire contents of the contract file except for proprietary information included with a bid, 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 invitation for bids.

(c) Except as provided in section 10 of this chapter, the bid register is subject to public inspection only after the contract award.

As added by P.L.160-2006, SEC.6.

IC 5-22-7.3-10Purchases over $200,000 Sec. 10. (a) This section applies only if the amount of the purchase is more than two hundred thousand dollars ($200,000).

(b) After the purchasing agency has completed any negotiations, the purchasing agency shall set a date, time, and place for publishing the bid register required by section 9 of this chapter. The date set under this subsection may not be less than seven (7) days before the purchasing agency notifies the successful bidder of the award of the contract.

As added by P.L.160-2006, SEC.6.

IC 5-22-7.3-11Erroneous bids Sec. 11. (a) The purchasing agency may establish policies to allow any of the following:

(1) Correction or withdrawal of inadvertently erroneous bids before or after an award.

(2) Cancellation of awards or contracts based on a mistake described in subdivision (1).

(b) Except as provided in a rule or policy, a purchasing agency must make a written decision to:

(1) permit the correction or withdrawal of a bid; or

(2) cancel awards or contracts based on bid mistakes.

As added by P.L.160-2006, SEC.6.

IC 5-22-7.3-12Additional material in bid Sec. 12. If a bidder inserts contract terms or bids on items not specified in the invitation for bids, the purchasing agent shall treat the additional material as a proposal for addition to the contract and may do any of the following:

(1) Declare the bidder nonresponsive.

(2) Permit the bidder to withdraw the proposed additions to the contract in order to meet the requirements and criteria provided in the invitation for bids.

(3) Accept any of the proposed additions to the contract, subject to section 13 of this chapter.

As added by P.L.160-2006, SEC.6.

IC 5-22-7.3-13Acceptance of contract additions; written determination by agency required Sec. 13. (a) The purchasing agent may not accept proposed additions to the contract that are prejudicial to the interest of the governmental body or fair competition.

(b) A decision of the purchasing agent to permit a change to the requirements of the invitation for bids must be supported by a written determination by the purchasing agency.

As added by P.L.160-2006, SEC.6.

IC 5-22-7.5Chapter 7.5. Online Reverse Auctions

5-22-7.5-1Authorization for reverse auction 5-22-7.5-2Necessity for written policies 5-22-7.5-3Bids in a reverse auction 5-22-7.5-4Requirements of Internet purchasing site for reverse auction 5-22-7.5-5Bidder fees 5-22-7.5-6Opening reverse auction bids 5-22-7.5-7Noncollusion affirmation inapplicable 5-22-7.5-8Repealed

IC 5-22-7.5-1Authorization for reverse auction Sec. 1. (a) A purchasing agency may conduct a reverse auction for the purchase of supplies by using an Internet purchasing site to:

(1) issue an invitation for bids; and

(2) receive bids.

(b) Except as provided in this chapter, a purchasing agency and a bidder must comply with the requirements of this article when participating in a reverse auction.

As added by P.L.93-2004, SEC.9.

IC 5-22-7.5-2Necessity for written policies Sec. 2. (a) Before conducting a reverse auction, the purchasing agency must adopt written policies that do the following:

(1) Establish procedures for all the following:

(A) Transmitting notices, solicitations, and specifications.

(B) Receiving offers.

(C) Making payments.

(D) Protecting the identity of a bidder or an offeror.

(E) For a reverse auction, providing for the display of the amount of each offer previously submitted for public viewing.

(F) Establishing the deadline by which offers must be received and will be considered to be open and available for public inspection.

(G) Establishing the procedure for the opening of offers.

(2) Require the purchasing agency to maintain adequate documentation regarding reverse auctions so that the transactions may be audited as provided by law.

(b) Written policies that comply with rules for an Internet public purchasing site adopted by the Indiana department of administration under IC 4-13-17-4 satisfy the requirements of this section.

As added by P.L.93-2004, SEC.9. Amended by P.L.160-2006, SEC.7.

IC 5-22-7.5-3Bids in a reverse auction Sec. 3. If a purchasing agency issues an invitation for bids using a reverse auction conducted through an Internet purchasing site under this chapter, only bids made:

(1) in accordance with the policies described in section 2 of this chapter; and

(2) through the Internet purchasing site;

may be evaluated by the purchasing entity at the close of bidding.

As added by P.L.93-2004, SEC.9.

IC 5-22-7.5-4Requirements of Internet purchasing site for reverse auction Sec. 4. When used for a reverse auction, an Internet purchasing site must do the following:

(1) Provide information that the purchasing entity considers necessary or beneficial to potential bidders.

(2) Display the amount of all bids previously submitted regarding the reverse auction for public viewing.

(3) Conceal information that identifies a bidder.

(4) Comply with this article.

As added by P.L.93-2004, SEC.9.

IC 5-22-7.5-5Bidder fees Sec. 5. The purchasing agency may charge a bidder in a reverse auction a fee set in the written policies adopted under section 2 of this chapter.

As added by P.L.93-2004, SEC.9.

IC 5-22-7.5-6Opening reverse auction bids Sec. 6. For purposes of IC 5-22-7-6, a bid made through an Internet purchasing site is considered to be opened when a computer generated record of the information contained in all bids for a proposed purchase that were received by the site not later than the posted bid deadline is reviewed publicly by the purchasing agency in the presence of one (1) or more witnesses at the time and place designated in the invitation for bids.

As added by P.L.93-2004, SEC.9.

IC 5-22-7.5-7Noncollusion affirmation inapplicable Sec. 7. IC 5-22-16-6(a)(2) does not apply to a reverse auction.

As added by P.L.93-2004, SEC.9.

IC 5-22-7.5-8RepealedAs added by P.L.93-2004, SEC.9. Repealed by P.L.160-2006, SEC.11.

IC 5-22-8Chapter 8. Small Purchases

5-22-8-1Applicability of chapter 5-22-8-1.5Purchases from a youth agricultural education program 5-22-8-2Purchases below $50,000 5-22-8-3Purchases between $50,000 and $150,000