Section 105IAC11-3-10. Conditional proposal bids

   (a) Contracts on which bids are requested will be advertised as:

(1) "Roadway Construction Contracts Group (R, IR, RS)";

(2) "Bridge Construction Contracts Group (B, IB)";

(3) "Traffic Contracts Group (T, TM)"; or

(4) "Maintenance Contracts Group M".

Proposal bids will be marked "regular" or "conditional", and the bidder shall select the word that applies; otherwise, the proposal bids will be considered regular. A bidder may submit either a regular or a conditional proposal bid on a contract unless otherwise stated in the notice to contractors or the special provisions, provided, the bidder submits at least one (1) regular proposal bid in the same group. The sum of a bidder's regular proposal bids in all groups and the bidder's uncompleted work on hand must not exceed the bidder's qualification limits.

  (b) The bidder may submit a maximum of three (3) conditional proposal bids in a group, conditioned on the bidder's failure to be the lowest bidder on its regular proposal bids in that group. If the bidder submits more than three (3) conditional proposal bids in a group, the commissioner will reject all conditional proposal bids of that bidder that apply to that particular group. If all of the bidder's regular proposal bids in a group are the lowest acceptable bids, then all of its conditional proposal bids in that group will be null and void.

  (c) For each of the regular proposal bids in a group that is not the lowest acceptable bid, the commissioner may select one (1) of the bidder's conditional proposal bids in that group, and it will then become regular. The commissioner will select conditional proposal bids to the best advantage of the state. No bidder will be awarded contracts in a group exceeding the number of its regular proposal bids submitted in that group. (Indiana Department of Transportation; 105 IAC 11-3-10; filed Jul 25, 1991, 3:30 p.m.: 14 IR 2196; 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)