Section 80IAC8-3-4. Sealed bidding (invitation to bid)

   (a) The following procedures shall be followed by the contracts department in awarding contracts by sealed bidding:

(1) An invitation to bid shall be issued and must include the following:

(A) A purchase description.

(B) All contractual terms and conditions applicable to the procurement.

(C) A statement of criteria to be used, including, but not limited to, any of the following:

(i) Inspection, testing, quality, workmanship, delivery, previous contractual relationship with the commission, and suitability for a particular purpose.

(ii) Any requirement imposed under section 11 of this rule.

(D) The time, date, and place for the opening of bids.

(E) A statement concerning whether the bid must be accompanied by a certified check or other evidence of financial responsibility.

(F) A statement concerning the conditions under which a bid proposal may be canceled or rejected in whole or in part as specified under section 9 of this rule.

(2) Public notice shall be given in the manner required under section 10 of this rule.

(3) Bids shall be opened publicly in the presence of one (1) or more witnesses at the time, date, and place designated in the invitation to bid.

(4) Bids shall be:

(A) unconditionally accepted without alteration or correction, except as provided in subsections (e) through (g); and

(B) evaluated based on the requirements set forth in the invitation for bids.

(5) A contract shall be awarded with reasonable promptness by written notice to the lowest responsible and responsive bidder whose bid meets the requirements and criteria set forth in the invitation to bid.

  (b) Those criteria that will affect the bid price and be considered in the evaluation for an award must be objectively measurable, such as discounts, transportation costs, and total or life cycle costs.

  (c) The only criteria that may be used in bid evaluation are those specified in the invitation to bid.

  (d) Correction or withdrawal of inadvertently erroneous bids before or after award, or cancellation of awards or contracts based on such mistakes, shall be permitted at the discretion of the executive director. After bid opening, changes in bid prices or other provisions of bids prejudicial to the interest of the commission or fair competition shall not be permitted.

  (e) If a bidder inserts contract terms or bids on items not specified in the invitation to bid, the contracts department shall treat the additional material as a proposal for addition to the contract and may:

(1) find the bidder to be nonresponsive;

(2) permit the bidder to withdraw the proposed additions to the contract in order to meet the requirements and criteria set forth in the invitation to bid; or

(3) accept any of the proposed additions to the contract that are not prejudicial to the interests of the commission or fair competition.

  (f) When two (2) or more bids are equal, the commission shall ensure that any applicable purchasing preferences that have been claimed by the person submitting the bid as set forth in 80 IAC 8-2-3 have been included in the evaluation of the bids.

  (g) If, after review under subsection (f), the quotes remain equal, the award shall be made by utilizing the following preferences:

(1) An Indiana business.

(2) An Indiana small business.

(3) An Indiana farm product.

(4) A past positive working relationship with the commission.(f) The commission shall have the right to withdraw the bid at any time in the process prior to contracting upon notification to all known vendors in receipt of the solicitation. If such action is taken by the commission, no vendor will have claim for recompense.

(State Fair Commission; 80 IAC 8-3-4; filed Nov 7, 2016, 3:46 p.m.: 20161207-IR-080160210FRA)