§ 36-1-12-6 — Contracts; notice to proceed; failure to award and execute contract and to issue notice; election by bidder to reject contract

(a) Except as provided in subsections (b)
through (d), the board shall award the contract and shall provide the
successful bidder with written notice to proceed within sixty (60) days
after the date on which bids are opened.
(b) If general obligation bonds are to be sold to finance the
construction that is the subject of the bid, the board shall allow the
bidder ninety (90) days.
(c) If revenue bonds are to be issued, when approved by the utility
regulatory commission, or if special taxing district, special benefit, or
revenue bonds are to be issued and sold to finance the construction, the
board shall allow the bidder one hundred fifty (150) days.
(d) If a federal grant is to be issued to fund a portion of the
construction of the subject of the bid, the board shall allow the bidder
ninety (90) days.
(e) A failure to award and execute the contract and to issue notice
within the time required by this section entitles the successful bidder
to:
(1) reject the contract and withdraw the successful bidder's bid
without prejudice; or
(2) extend the time to award the contract and provide notice to
proceed at an agreed later date.
If the successful bidder elects to reject the contract and withdraw the
bidder's bid, notice of that election must be given to the board in
writing within fifteen (15) days of the sixty (60) day expiration date or
any other extension date.
[Pre-Local Government Recodification Citations: 5-16-1
part; Part new.]
As added by Acts 1981, P.L.57, SEC.38. Amended by
P.L.23-1988, SEC.116; P.L.127-2017, SEC.16; P.L.86-2025,
SEC.5.