(A) A purchasing agent may award a contract through a request for proposals procedure instead of competitive sealed bidding when the purchasing agent makes a written determination that the use of competitive sealed bidding is not practicable not advantageous to the governmental body, or required by I.C. 36-5-6-6.
(B) The governmental body may also provide by rule or policy that:
(1) It is either not practicable or not advantageous to governmental body to purchase specified types of supplies by sealed competitive bidding;
(2) Receiving proposals is the preferred method for purchase of that type of supply; or
(3) Required by I.C. 5-22-8 et seq.
(C) A request for proposals must include:
(1) The factors or criteria that will be used to evaluate the proposals;
(2) A statement concerning the relative importance of price and the other evaluation factors;
(3) A statement concerning whether the proposal must be accompanied by a certified check or other evidence of financial responsibility, which may be imposed in accordance with rules adopted by the governing body; and
(4) A statement concerning whether discussions may be conducted with responsible offerors who submit proposals determined to be reasonably susceptible of being selected for award.
(D) A request for proposal must be published in accordance with I.C. 5-3-1, two times, at least one week apart, with the second publication occurring at least ten days prior to the date the proposals will be received. The purchasing agent must see that notice is published.
(E) Proposals must be opened so as to avoid disclosure of contents to competing offerors during the process of negotiations.
(F) A register of proposals must be prepared and open for public inspection after a contract award.
(G) The register must include:
(1) A copy of the request for proposals;
(2) A list of all persons to whom copies of the request for proposal were given;
(3) A list of all proposals received, including the following information;
(4) The names and addresses of all offerors;
(5) The dollar amount of each offer;
(6) The name of the successful offeror and the dollar amount of that offeror’s offer;
(7) The basis on which the award was made; and
(8) The entire contents of the contract file except for proprietary information including with an offer, such as trade secret, manufacturing processes and financial information that was not required to be made available for public inspection under the terms of the request for proposals.
(H) As provided in the request for proposals, or under the rules or policies of the governmental body, discussions may be conducted with and best and final offers obtained from responsible offerors who submit proposals determined to be reasonably susceptible of being selected for an award.
(I) (1) A contract shall be awarded to the responsible offeror whose proposal is determined in writing to be the most advantageous to the governmental body, taking into consideration price and the other evaluation factors set forth in the request for proposal.
(2) If provided for in the request for proposals, contract may be awarded to more than one offeror whose proposals are determined in writing to be the most advantageous to the governmental body, taking into consideration price and the other evaluation factors.
(3) The only factors or criteria that may be used in the evaluation of proposals are those specified in the request for proposals.
(4) Offerors must be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals.
(5) In conducting discussion with an offeror, information derived from proposals submitted by competing offerors may not be disclosed.
(2014 Code, § A3.2(4))