§ 4-20.5-7-13 — Bid procedure

Indiana § 4-20.5-7-13

• Jurisdiction: Indiana
• Art. 20.5: STATE REAL PROPERTY
• Ch. 7: Disposition of Property

Text

(a) Bids shall be opened publicly in the
presence of at least one (1) witness at the time and place designated in
the notice of the sale.
(b) Bids shall be:
(1) unconditionally accepted without alteration or correction,
except as provided in subsections (e) through (g); and
(2) evaluated based on the requirements set forth in the notice of
sale.
(c) Subject to section 15 of this chapter, the property shall be sold
with reasonable promptness to the bidder who submits the highest bid
and whose bid meets the requirements and criteria set forth in the
notice of sale.
(d) The department shall permit correction or withdrawal of
inadvertently erroneous bids before or after bids are opened.
(e) If a bidder inserts terms not specified in the notice of sale, the
department may do any of the following:
(1) Find the bidder to be nonresponsive.
(2) Permit the bidder to withdraw the additional terms to meet the
requirements and criteria set forth in the notice of sale.
(3) Subject to subsections (f)(1) and (h)(2), accept any of the
proposed terms.
(f) The department may not:
(1) accept proposed additional terms; or
(2) permit a change in a bid after bids are opened;
prejudicial to the interest of the state or fair competition.
(g) The department may cancel a sale only as permitted in either of
the following:
(1) As stated in the notice of the sale.
(2) Under rules adopted by the department under IC 4-22-2.
(h) The commissioner must make a written determination
supporting any of the following:
(1) Permitting the correction or withdrawal of a bid.
(2) A decision of the department to accept proposed additional
terms under subsection (e)(3).
(3) Canceling the sale.

Legislative History

As added by P.L.7-1993, SEC.7.