CHAPTER 2. PUBLIC WORKS BIDS TO BE SUBMITTED AND OPENED AT PUBLIC MEETING
IC 5-16-2
Chapter 2. Public Works Bids to be Submitted and Opened at
Public Meeting
IC 5-16-2-1
Time for submitting bid; opening bids
Sec. 1. All state officers, administrative boards or agencies acting
on behalf of the state or any state institution or state agency,
authorized by law to let contracts for public work shall have no
authority to require any bidder to submit his bid at any time earlier
than the open meeting at which it is to be received. All such meetings
for receiving bids shall be open to the public and all bidders shall be
entitled to attend. Bids so received shall be opened publicly and read
aloud at the time and place designated for the receipt thereof.
(Formerly: Acts 1913, c.228, s.1; Acts 1965, c.317, s.1.) As amended
by Acts 1981, P.L.57, SEC.9.
IC 5-16-2-1.4
Rejection of bids submitted
Sec. 1.4. The political body or officer authorized to let contracts
for public works or improvement may, in the reasonable exercise of
discretion, reject all bids submitted.
As added by Acts 1977, P.L.59, SEC.1.
IC 5-16-2-1.5
Awarding contract; notice to proceed; time limits and failure to
meet; elections of successful bidder
Sec. 1.5. (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.
IC 5-16-2-2
Void contracts
Sec. 2. All contracts for public work by any of the political bodies
or officers mentioned in this chapter which are not let in conformity
with the provisions of this chapter shall be void.
(Formerly: Acts 1913, c.228, s.2.) As amended by Acts 1977, P.L.59,
SEC.3.
IC 5-16-2-3
Supplemental effect of chapter
Sec. 3. This chapter shall be construed as supplemental to the
laws in force on April 30, 1913, relating to the letting of contracts for
public work and shall not repeal or amend any of such laws except
such as are contrary to the provisions of this chapter.
(Formerly: Acts 1913, c.228, s.3.) As amended by P.L.25-1986,
SEC.89.