§ 36.067 PRE-QUALIFICATION OF BIDDERS.
   (A)   All bidders desiring to participate in a reverse auction must be pre-qualified by submitting materials to ensure that they meet the specifications identified by the buyer as to the types of supplies to be offered for purchase no later than 24 hours prior to the time for the commencement of the reverse auction, as provided in the invitation to bid.
   (B)   The pre-qualification process shall be used to determine whether the bidder is responsible and responsive, as provided in the Act (I.C. 5-22-7.5), whether there is any bidding or purchasing preference or preferences applicable to a particular bidder, and whether the bidder has submitted evidence of financial responsibility, as required by the purchasing agency. In order to assist the Council in pre-qualifying bidders, the bidder must submit, in accordance with the invitation to bid, all documentation and other information relating to the supplies being offered for purchase, except for price, and any other information that may assist the Council in making its determination. Such documentation will include evidence of financial responsibility or a certified check, as specified in the invitation to bid.
   (C)   In determining whether a bidder is responsible, the purchasing agent may consider the following factors:
      (1)   The ability and capacity of the bidder to provide the supplies;
      (2)   The integrity, character and reputation of the bidder; and
      (3)   The competency and experience of the bidder.
   (D)   In determining whether a bidder is responsive, a purchasing agent may consider the following factors:
      (1)   Whether the bidder has submitted information demonstrating that his or her offer for supplies conforms in all material respects to the specifications;
      (2)   Whether the bidder has submitted documentation that complies specifically with the solicitation and the instructions to bidders; and
      (3)   Whether the bidder has complied with all applicable statutes, ordinances, resolutions or rules pertaining to the award of a public contract.
   (E)   The determination that a bidder is not responsive or not responsible must be made in writing.
   (F)   Pre-qualification of bidders must be done by the purchasing agent or an authorized representative of the purchasing agency in the presence of one or more witnesses and must be completed no later than 24 hours prior to the commencement of the reverse auction bidding period.
   (G)   The Council shall notify any bidder determined to be not pre-qualified in writing, by facsimile, or electronic mail (as requested by the bidder) and shall exclude the bidder so notified from participation in the reverse auction.
   (H)   The Council’s determination that a bidder is not pre-qualified is limited to the reverse auction for which the request for pre-qualification was received.
(Res. 2007-24, passed 11-12-2007)