Section 105IAC11-3-14. Consideration of proposal bids

   (a) When the proposal form allows paper proposal bids to be accepted and after the proposal bids are opened and read, the proposal bids will be compared on the basis of the summation of the products of the quantities shown in the department's schedule of pay items by the unit prices bid. If no unit price is shown for a pay item, the unit price will be determined by dividing the extension by the quantity shown in the department's scheduled pay items. If no extension or unit price is shown for one (1) pay item, the extension will be determined by subtracting the extensions from the contractor's total bid amount, provided that there are no errors in the contractor's extensions. The results of such comparisons will be available to the public. In the event of a discrepancy between unit prices bid and extensions, the unit prices bid will govern.

  (b) The award of a contract, if it will be awarded, will be made after the opening of proposal bids to the lowest and best responsible and qualified bidder whose proposal bid complies with all the requirements prescribed in the proposal form and this article, provided the sum is not greater than the engineer's estimate. However, the commissioner may award a contract if the proposal bid is not more than five percent (5%) above the engineer's estimate and the commissioner believes that awarding a contract is in the best interests of the state. If the notice to proceed is not dated within sixty (60) days of the opening of bids, the proposal bid may be withdrawn by the contractor or the award rescinded by the commissioner. Acceptance of the contract by the contractor is deemed a reaffirmation of all items and prices in the original proposal bid. However, the proposal bid may not be withdrawn by the contractor if the notice to proceed is not dated within sixty (60) days of the opening of bids due to any of the following reasons:

(1) The contractor fails to furnish requested forms or information.

(2) The contractor has agreed to a delay.

(3) The department is involved in any judicial or administrative action or appeal relating to:

(A) a minority business enterprise;

(B) a disadvantaged business enterprise;

(C) a women's business enterprise goal or program; or

(D) any other judicial or administrative action arising out of the proposal bid.

(4) The contractor, either directly or indirectly, causes a delay through its commission or omission.

(5) The proposal bid states otherwise.

  (c) No proposal bid will be binding on the department until the contract form has been properly executed by the commissioner and approved by the attorney general. In no event shall the contractor be compensated for any costs incurred before the notice to proceed. (Indiana Department of Transportation; 105 IAC 11-3-14; filed Jul 25, 1991, 3:30 p.m.: 14 IR 2196; filed Jun 14, 1993, 5:30 p.m.: 16 IR 2541; readopted filed Nov 7, 2001, 3:20 p.m.: 25 IR 899; filed May 23, 2007, 2:58 p.m.: 20070620-IR-105070036FRA; readopted filed Oct 2, 2013, 11:39 a.m.: 20131030-IR-105130295RFA)