§ 8-15.7-4-6 — Disclosure of contents of proposals

Indiana § 8-15.7-4-6

• Jurisdiction: Indiana
• Art. 15.7: PUBLIC-PRIVATE PARTNERSHIPS
• Ch. 4: Procurement Process

Text

(a) The department may not disclose the
contents of proposals during discussions or negotiations with potential
offerors.
(b) The department may, in its discretion in accordance with IC 5-14-3, treat as confidential all records relating to discussions or
negotiations between the department and potential offerors if those
records are created while discussions or negotiations are in progress.
(c) Notwithstanding subsections (a) and (b), and with the exception
of portions that are confidential under IC 5-14-3, the terms of the
selected offer negotiated under this article shall be available for
inspection and copying under IC 5-14-3 after negotiations with the
offerors have been completed.
(d) When disclosing the terms of the selected offer under subsection
(c), the department shall certify that the information being disclosed
accurately and completely represents the terms of the selected offer.
(e) The department shall disclose the contents of all proposals,
except the parts of the proposals that may be treated as confidential in
accordance with IC 5-14-3, when either:
(1) the request for proposal process is terminated under section 5
of this chapter; or
(2) the public-private agreement has been executed and the
closing for each financing transaction required to provide funding
to carry out the agreement has been conducted.

Legislative History

As added by P.L.47-2006, SEC.40.