§ 5-16-2-1.5 — Awarding contract; notice to proceed; time limits and failure to meet; elections of successful bidder

Indiana § 5-16-2-1.5

• Jurisdiction: Indiana
• Title 5: STATE AND LOCAL ADMINISTRATION
• Art. 16: PUBLIC WORKS
• Ch. 2: Public Works Bids to be Submitted and Opened at Public

Text

5. (a) Within sixty (60) days from the date on
which bids are opened as specified in section 1 of this chapter, the
political body or officer authorized to let contracts for public work or
improvement shall award that contract and shall provide the successful
bidder with written notice to proceed. However, if general obligation
bonds are to be sold to finance the construction which is the subject of
the bid, ninety (90) days shall be allowed; if revenue bonds are to be
issued and approval by the utility regulatory commission obtained, or
if special taxing district general obligation or revenue bonds are to be
issued and sold to finance the construction, one hundred fifty (150)
days shall be allowed. A failure to award and execute the contract and
to issue notice to proceed within the time required by this section
entitles the successful bidder to either:
(1) reject the contract and withdraw his bid without prejudice; or
(2) grant an extension of time to effect award and execution of the
contract and notice to proceed at an agreed later date.
(b) If the successful bidder elects to reject the contract and withdraw
his bid, notice of that election must be given to the political body or the
officer authorized to let the contract in writing within fifteen (15) days
of the sixty (60) day expiration date or any extension thereof.
As added by Acts 1977, P.L.59, SEC.2. Amended by Acts 1979,
P.L.43, SEC.1; P.L.23-1988, SEC.7.