(A) Publication of notices.
(1) Invitation for bids. All notices of invitation for bids shall be published in accordance with IC 5-3-1. The purchasing agent shall schedule the publication and any statutorily required posting of notice to provide a reasonable amount of time for preparation and submission of bids. The notice will be published two times, at least one week apart. The second publication must occur at least ten days prior to the date the bids will be opened.
(2) Request for proposals. All notices of request for proposals shall be published in accordance with IC 5-3-1. The purchasing agent shall schedule the publication and any statutorily required posting of notice to provide a reasonable amount of time for preparation and submission of proposals. The notice will be published two times, at least one week apart. The second publication must occur at least seven days prior to the date the proposals will be opened.
(3) Request for specifications. All notices of request for specifications shall be published in accordance with IC 5-3-1. The purchasing agent shall schedule the publication and any statutorily required posting of notice to provide a reasonable amount of time for preparation and submission of proposals. The notice will be published two times, at least one week apart. The second publication must occur at least seven days prior to the date the proposals will be opened.
(4) Electronic notices. Whenever a notice or other material, including specifications, an invitation for bids, request for proposals, or request for specifications, is sent by mail, the purchasing agent may also send the notice or other material by electronic means, provided that the transmission of the information is at least as efficient as mailing the information.
(B) Financial responsibility. The purchasing agent may, and for solicitations over $100,000 must, require that an offer provide evidence of financial responsibility. When evidence of financial responsibility is required, the solicitation must indicate the kind of evidence that will be acceptable. If a bond or certified check is required, it may not exceed 10% of the estimated cost of the purchase.
(C) Receiving offers.
(1) Electronic receipt of offers. The purchasing agent may receive electronic offers in response to an invitation to bid, request for proposals, or request for specifications only if:
(a) The solicitation includes the procedure for the electronic transmission of the offer; and
(b) The purchasing agent receives the offer on a fax machine or other system with a security feature that protects the contents of an electronic offer with the same degree of protection as provided to an offer not transmitted electronically.
(2) Protection of offers. The Purchasing Agent shall retain all offers received in a secure location and manner prior to the date and time at which offers will be open to prevent premature disclosure.
(3) Delay of opening of offers. Should the Town Council make a written determination that it is in the town's best interests, offers may be opened after the time stated in the solicitation. The date, time, and place of any such rescheduled opening must be announced at the time and place of the originally scheduled opening.
(4) Opening of offers.
(a) Bids received in response to an invitation for bids must be opened publicly in the presence of at least one or more witnesses at the time and place designated in the invitation for bids.
(b) Proposals received in response to a request for proposals must be opened so as to avoid disclosure of the contents to competing offerors during the process of negotiation.
(c) Proposals received in response to a request for specifications may be opened as specified in the request for specifications.
(5) Correction and withdrawal of bids.
(a) An offeror may correct inadvertent errors in a bid up to the time at which bids will be opened by supplementing the erroneous bid and submitting a revised bid. A bidder may not supplement an inadvertently erroneous bid after the time at which the bids were opened.
(b) A bidder may withdraw a bid containing inadvertent errors up to the time at which bids will be opened and for a period of not more than 24 hours after the time at which the bids were opened.
(6) Cancellation of solicitation. When the Clerk-Treasurer makes a written determination that it is in the town's best interests, the Clerk-Treasurer may cancel a solicitation or reject all offers, provided that the solicitation included information concerning the procedure for cancellation.
(7) Public record status of bids. Bids submitted in response to an invitation for bids must be made available for public inspection and copying after the bid opening.
(8) Public record status of proposals. The purchasing agent shall prepare a register of proposals for each request for proposals issued containing information concerning the proposals, which register shall be available for public inspection and copying. Proposals may not be disclosed.
(D) Adjustment of proposals/contracts.
(1) Proposal adjustments. The purchasing agent may conduct discussions with, and best and final offers may be obtained from, responsible offerors submitting proposals determined by the purchasing agent to be reasonably susceptible of being selected for a contract award.
(2) Price adjustments. The purchasing agent may include provisions to permit price adjustments in a purchase contract. Those adjustments may be by agreement on a fixed price adjustment before the beginning of the pertinent performance, or by unit price, or by attributable cost, or by such other standard as the contracting parties may mutually agree, so long as that agreement does not violate requirements of applicable authority.
(3) Time of performance adjustments. The purchasing agent may include provisions in a purchase contract concerning adjustments for time of contract performance.
(4) Quantity adjustments. The purchasing agent may include in a purchase contract provisions dealing with variations between estimated quantities in a contract and the actual quantity delivered.
(5) Retention of unilateral right to order certain contract adjustments. In purchase contracts the purchasing agent may retain the right to order changes in the work within the scope of the contract and/or order temporary work stoppages and/or delays in time of performance, so long as those retained rights do not violate the requirements of applicable authority.
(Res. 8-1998, passed 10-12-98)