§ 36-1-11-12 — Lease of property; alternative procedure

The following procedure may be used
instead of that in section 10 of this chapter if the disposing agent makes
a written determination (which must include the disposing agent's
reasons) that the use of section 10 of this chapter is not feasible, and
authorization to use this procedure is granted by the executive of the
political subdivision or agency:
(1) Proposals to develop specifications shall be solicited through
a request for proposals, which must include all of the following:
(A) The factors or criteria that will be used in evaluating the
proposals, including a statement that:
(i) the property may not be leased to a person who is
ineligible under section 16 of this chapter; and
(ii) a proposal submitted by a trust (as defined in IC 30-4-1-1(a)) must identify each beneficiary of the trust and
each settlor empowered to revoke or modify the trust.
(B) A statement concerning the relative importance of price and
the other evaluation factors.
(C) A statement concerning whether the proposal must be
accompanied by a certified check or other evidence of financial
responsibility.
(D) 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.
(2) Notice of the request for proposals shall be given by
publication in accordance with IC 5-3-1.
(3) 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.
(4) Eligible offerors must be accorded fair and equal treatment
with respect to any opportunity for discussion and revisions of
proposals.
(5) After the procedures outlined in this section have been
completed, the disposing agent shall make a determination as to
the most appropriate response to the request for proposals and
shall dispose of the subject property in accordance with that
response.
(6) Access to the proposals under this chapter shall be determined
in accordance with the provisions of IC 5-23-7.
(7) The person submitting the successful proposal is not
responsible for the requirements set forth in IC 5-22 with regard
to the purchase of supplies if the purchase of supplies was
included within the proposal or the supplies are not paid for with
public funds.

Legislative History

As added by P.L.339-1983, SEC.2. Amended by P.L.60-1988, SEC.33; P.L.336-1989(ss), SEC.48; P.L.82-1995, SEC.10; P.L.49-1997, SEC.72.