§ 36-1-12-4 — Bidding procedures for projects costing more than certain amounts

Indiana § 36-1-12-4

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 1: GENERAL PROVISIONS
• Ch. 12: Public Work Projects

Text

(a) This section applies whenever the cost of
a public work project will be at least three hundred thousand dollars
($300,000).
(b) The board must comply with the following procedure:
(1) The board shall prepare general plans and specifications
describing the kind of public work required, but shall avoid
specifications which might unduly limit competition. If the
project involves the resurfacing (as defined by IC 8-14-2-1) of a
road, street, or bridge, the specifications must show how the
weight or volume of the materials will be accurately measured
and verified.
(2) The board shall file the plans and specifications in a place
reasonably accessible to the public, which shall be specified in the
notice required by subdivision (3).
(3) Upon the filing of the plans and specifications, the board shall
publish notice in accordance with IC 5-3-1 calling for sealed
proposals for the public work needed. If the board receives
electronic bids as set forth in subsection (d), the board shall also
provide electronic access to the notice of the bid solicitation
through the computer gateway administered under IC 4-13.1-2-2(a)(6) by the office of technology.
(4) The notice must specify the place where the plans and
specifications are on file and the date fixed for receiving bids.
(5) The period of time between the date of the first publication
and the date of receiving bids shall be governed by the size of the
contemplated project in the discretion of the board. The period of
time between the date of the first publication and receiving bids
may not be more than:
(A) six (6) weeks if the estimated cost of the public works
project is less than twenty-five million dollars ($25,000,000);
and
(B) ten (10) weeks if the estimated cost of the public works
project is at least twenty-five million dollars ($25,000,000).
(6) The board shall require the bidder to submit a financial
statement, a statement of experience, a proposed plan or plans for
performing the public work, and the equipment that the bidder has
available for the performance of the public work. The statement
shall be submitted on forms prescribed by the state board of
accounts.
(7) The board may not require a bidder to submit a bid before the
meeting at which bids are to be received. The meeting for
receiving bids must be open to the public. All bids received shall
be opened publicly and read aloud at the time and place
designated and not before. Notwithstanding any other law, bids
may be opened after the time designated if both of the following
apply:
(A) The board makes a written determination that it is in the
best interest of the board to delay the opening.
(B) The day, time, and place of the rescheduled opening are
announced at the day, time, and place of the originally
scheduled opening.
(8) Except as provided in subsection (c), the board shall:
(A) award the contract for public work or improvements to the
lowest responsible and responsive bidder; or
(B) reject all bids submitted.
(9) If the board awards the contract to a bidder other than the
lowest bidder, the board must state in the minutes or memoranda,
at the time the award is made, the factors used to determine which
bidder is the lowest responsible and responsive bidder and to
justify the award. The board shall keep a copy of the minutes or
memoranda available for public inspection.
(10) In determining whether a bidder is responsive, the board may
consider the following factors:
(A) Whether the bidder has submitted a bid or quote that
conforms in all material respects to the specifications.
(B) Whether the bidder has submitted a bid that complies
specifically with the invitation to bid and the instructions to
bidders.
(C) Whether the bidder has complied with all applicable
statutes, ordinances, resolutions, or rules pertaining to the
award of a public contract.
(11) In determining whether a bidder is a responsible bidder, the
board may consider the following factors:
(A) The ability and capacity of the bidder to perform the work.
(B) The integrity, character, and reputation of the bidder.
(C) The competence and experience of the bidder.
(12) The board shall require the bidder to submit an affidavit:
(A) that the bidder has not entered into a combination or
agreement:
(i) relative to the price to be bid by a person;
(ii) to prevent a person from bidding; or
(iii) to induce a person to refrain from bidding; and
(B) that the bidder's bid is made without reference to any other
bid.
(c) Notwithstanding subsection (b)(8), a county may award sand,
gravel, asphalt paving materials, or crushed stone contracts to more
than one (1) responsible and responsive bidder if the specifications
allow for bids to be based upon service to specific geographic areas and
the contracts are awarded by geographic area. The geographic areas do
not need to be described in the specifications.
(d) Notwithstanding subsection (b), a board may receive electronic
bids for the public work if:
(1) the solicitation for bids indicates the procedure for
transmitting the electronic bid to the board; and
(2) the board receives the bid on a facsimile machine or system
with a security feature that protects the content of an electronic
bid with the same degree of protection as the content of a bid that
is not transmitted by a facsimile machine.
(e) A board may select a vendor to provide an electronic platform
to accommodate the electronic bidding process.
[Pre-Local Government Recodification Citations: 5-16-1
part; Part new.]
As added by Acts 1981, P.L.57, SEC.38. Amended by Acts
1981, P.L.56, SEC.4; P.L.329-1985, SEC.17; P.L.213-1986, SEC.4;
P.L.252-1993, SEC.3; P.L.82-1995, SEC.15; P.L.22-2001, SEC.1;
P.L.169-2006, SEC.48; P.L.113-2010, SEC.108; P.L.139-2011, SEC.6;
P.L.172-2011, SEC.139; P.L.6-2012, SEC.241; P.L.17-2012, SEC.2;
P.L.67-2012, SEC.2; P.L.43-2019, SEC.2; P.L.164-2019, SEC.5;
P.L.134-2021, SEC.11; P.L.236-2023, SEC.159; P.L.86-2025,
SEC.2.