CHAPTER 7. SELECTION AND AWARD
IC 5-30-7
Chapter 7. Selection and Award
IC 5-30-7-1
Proposal requirements
Sec. 1. A proposal submitted in response to a request for
proposals described in IC 5-30-6 must satisfy the following:
(1) The qualitative proposal and the price proposal must be
submitted simultaneously in separately sealed and identified
packages. The price proposal must remain sealed until opened
in public under section 5 of this chapter.
(2) A proposal must identify each person with whom the offeror
proposes to enter into subcontracts for primary design services
and primary construction services, including any
subcontractors, under the design-build contract. The public
agency may determine requirements under this section.
(3) The price proposal must:
(A) contain one (1) lump sum cost of all design, construction
engineering, inspection, and construction costs of the
proposed project; or
(B) establish a maximum cost of the design-build contract
that will not be exceeded if the proposal is accepted without
change.
(4) The qualitative proposal must include all documents,
information, and data requested in the request for proposals.
As added by P.L.74-2005, SEC.1.
IC 5-30-7-2
Submission of proposals to technical review committee
Sec. 2. (a) The public agency shall submit the qualitative
proposals to the technical review committee.
(b) The public agency may require clarifications from an offeror
to ensure conformance of proposals with the design criteria and
administrative requirements.
(c) The technical review committee may not consider a proposal
until the design criteria developer provides its professional opinion
that the proposal conforms with the design criteria.
As added by P.L.74-2005, SEC.1.
IC 5-30-7-3
Scoring of proposals
Sec. 3. (a) The technical review committee shall review the
qualitative proposals and establish a score for each qualitative
proposal based on the factors, weighting, and process identified in
the request for proposals.
(b) The technical review committee shall give a written composite
score for each qualitative proposal.
As added by P.L.74-2005, SEC.1.
IC 5-30-7-4
Opening of price proposals; notice
Sec. 4. The public agency shall notify all offerors of the date,
time, and location of the public opening of the sealed price proposals
at least seven (7) days before the opening date.
As added by P.L.74-2005, SEC.1.
IC 5-30-7-5
Adjusted price
Sec. 5. The public agency shall publicly open the sealed price
proposals and divide each offeror's price by the written composite
score that the technical review committee has given to each
qualitative proposal to obtain an adjusted price.
As added by P.L.74-2005, SEC.1.
IC 5-30-7-6
Basis for accepting proposal
Sec. 6. The public agency shall accept the proposal that provides
the public agency with the lowest adjusted price providing the best
value to the taxpayer. The public agency is not required to accept the
lowest price proposal.
As added by P.L.74-2005, SEC.1.
IC 5-30-7-7
Rejection of proposals
Sec. 7. The public agency may reject any and all proposals, except
for the purpose of evading the provisions and policies of this article.
A public agency must make a rejection of proposals under this
section in a written document that states the reasons for rejecting
proposals.
As added by P.L.74-2005, SEC.1.
IC 5-30-7-8
Negotiation of contract terms
Sec. 8. (a) The public agency may negotiate any contract term
with the offeror selected under section 6 of this chapter, except for
those terms identified in the request for proposals as nonnegotiable.
(b) If the public agency is unable to negotiate a contract with its
first selection, the public agency may:
(1) terminate negotiations with that offeror; and
(2) negotiate with the next lowest adjusted price offeror.
A public agency shall continue in accordance with this procedure
until a contract agreement is reached or the selection process is
terminated.
As added by P.L.74-2005, SEC.1.
IC 5-30-7-9
Ownership of drawings, specifications, and information
Sec. 9. (a) Unless and until a proposal is accepted, the drawings,
specifications, and other information in the proposal are the property
of the offeror.
(b) After a proposal is accepted, ownership of the drawings,
specifications, and information in the drawings and specifications
shall be determined under Indiana law and the terms of the
design-build contract.
As added by P.L.74-2005, SEC.1.