Title 5, STATE AND LOCAL ADMINISTRATION

Sec. 10. (a) The governmental body may adopt rules or establish policies to allow any of the following: (1) Correction or withdrawal of inadvertently erroneous bids before or after award. (2) Cancellation of awards or contracts based on a mistake described in subdivision (1). (b)…

Sec. 11. A purchasing agency may not permit changes in: (1) bid prices; or (2) other provisions of bids prejudicial to the interest of the governmental body or fair competition; after bid opening. As added by P.L.49-1997, SEC.1.

Sec. 12. If a bidder inserts contract terms or bids on items not specified in the invitation for bids, the purchasing agent shall treat the additional material as a proposal for addition to the contract and may do any of the following: (1) Declare the bidder nonresponsive. (2) Pe…

Sec. 13. (a) The purchasing agent may not accept proposed additions to the contract that are prejudicial to the interest of the governmental body or fair competition. (b) A decision of the purchasing agent to permit a change to the requirements of the invitation for bids must be …

Sec. 2. (a) A purchasing agent shall issue an invitation for bids. (b) An invitation for bids must include the following: (1) A purchase description. (2) All contractual terms and conditions that apply to the purchase. (3) A statement of the evaluation criteria that will be used,…

Sec. 3. Evaluation criteria that will: (1) affect the bid price; and (2) be considered in the evaluation for an award; must be objectively measurable. As added by P.L.49-1997, SEC.1.

Sec. 4. Only criteria specified in the invitation for bids may be used in bid evaluation. As added by P.L.49-1997, SEC.1.

Sec. 5. (a) The purchasing agency shall give notice of the invitation for bids in the manner required by IC 5-3-1. (b) The purchasing agency for a state agency shall also provide electronic access to the notice through the computer gateway administered by the office of technology…

Sec. 6. The purchasing agency shall open bids publicly in the presence of one (1) or more witnesses at the time and place designated in the invitation for bids. As added by P.L.49-1997, SEC.1.

Sec. 7. Bids must be: (1) unconditionally accepted without alteration or correction, except as provided in sections 11 through 13 of this chapter; and (2) evaluated based on the requirements provided in the invitation for bids. As added by P.L.49-1997, SEC.1.

Sec. 8. A contract must be awarded with reasonable promptness by written notice to the lowest responsible and responsive bidder. As added by P.L.49-1997, SEC.1.

Sec. 9. (a) The purchasing agency shall maintain the following information: (1) The name of each bidder. (2) The amount of each bid. (3) Other information required by this article and rules adopted under this article. (b) The information described in subsection (a) is subject to …

Sec. 1. Records of an operator that is a party to a public-private agreement are subject to inspection and copying to the same extent the records would be subject to inspection and copying if the operator were a public agency under IC 5-14-3. This section is limited to records di…

Sec. 2. Records that are provided by an operator to the governmental body that relate to compliance by the operator with the terms of a public-private agreement are subject to inspection and copying in accordance with IC 5-14-3. As added by P.L.49-1997, SEC.34.

Sec. 1. The following definitions apply throughout this chapter: (1) "Business" includes an entity that has the objective of supplying a service or an article of trade or commerce. (2) "School corporation" has the meaning set forth in IC 20-18-2-16(a). (3) "Charter school" has th…

Sec. 2. The corporation shall do the following: (1) Establish policies to carry out a training assistance program, the purpose of which is to provide assistance to the following: (A) New or expanding businesses, for the training or retraining of potential or incumbent employees a…

Sec. 3. The corporation may do the following: (1) Adopt policies and guidelines necessary to carry out this chapter. (2) Accept money and other things of value from all sources to carry out the purposes of the training program. (3) Provide services and materials in order to carry…

Sec. 4. Participation in the training program is limited to entities that: (1) meet the eligibility requirements of the corporation; and (2) comply with this chapter. As added by P.L.4-2005, SEC.34. Amended by P.L.167-2014, SEC.3.

Sec. 5. (a) The skills enhancement fund is established within the state treasury to be used exclusively for the purposes of this chapter. (b) The fund consists of: (1) appropriations from the general assembly; and (2) money repaid to the corporation under section 7 of this chapte…

Sec. 5.5. (a) This section applies to a grant initially awarded under this chapter after June 30, 2019. (b) Eligibility for a grant from the skills enhancement fund under this chapter is limited to cooperative arrangements or agreements that lead to: (1) for a participating emplo…

Sec. 6. (a) The corporation may award grants from the skills enhancement fund to school corporations and charter schools to support cooperative arrangements with businesses for training students. (b) A school corporation or a charter school must apply to the corporation for a gra…

Sec. 7. (a) If the corporation determines that a business, school corporation, or charter school that has received public funds from a grant award under this chapter is not entitled to the public funds received from the grant award because of the business's, school corporation's,…

Sec. 1. A proposal submitted in response to a request for proposals described in IC 5-30-6 must satisfy the following: (1) The qualitative proposal and the price proposal must be submitted simultaneously in separately sealed and identified packages. The price proposal must remain…

Sec. 2. (a) The public agency shall submit the qualitative proposals to the technical review committee. (b) The public agency may require clarifications from an offeror to ensure conformance of proposals with the design criteria and administrative requirements. (c) The technical …

Sec. 3. (a) The technical review committee shall review the qualitative proposals and establish a score for each qualitative proposal based on the factors, weighting, and process identified in the request for proposals. (b) The technical review committee shall give a written comp…

Sec. 4. The public agency shall notify all offerors of the date, time, and location of the public opening of the sealed price proposals at least seven (7) days before the opening date. As added by P.L.74-2005, SEC.1.

Sec. 5. The public agency shall publicly open the sealed price proposals and divide each offeror's price by the written composite score that the technical review committee has given to each qualitative proposal to obtain an adjusted price. As added by P.L.74-2005, SEC.1.

Sec. 6. The public agency shall accept the proposal that provides the public agency with the lowest adjusted price providing the best value to the taxpayer. The public agency is not required to accept the lowest price proposal. As added by P.L.74-2005, SEC.1.

Sec. 7. The public agency may reject any and all proposals, except for the purpose of evading the provisions and policies of this article. A public agency must make a rejection of proposals under this section in a written document that states the reasons for rejecting proposals. …

Sec. 8. (a) The public agency may negotiate any contract term with the offeror selected under section 6 of this chapter, except for those terms identified in the request for proposals as nonnegotiable. (b) If the public agency is unable to negotiate a contract with its first sele…

Sec. 9. (a) Unless and until a proposal is accepted, the drawings, specifications, and other information in the proposal are the property of the offeror. (b) After a proposal is accepted, ownership of the drawings, specifications, and information in the drawings and specification…

Sec. 1. Purpose of Codification. This article is intended to be a codification and restatement of applicable or corresponding provisions in prior law. A citation to prior law in the Indiana Code shall be construed as a citation to the appropriate provision of this article if the …

Sec. 2. Headings. The headings prefixed to sections of this article are included for organizational purposes and do not affect the meaning, application, or construction of the sections. As added by Acts 1977, P.L.53, SEC.1.

Sec. 0.1. The amendments made to section 5 of this chapter by P.L.184-2001 apply only to members of the public employees' retirement fund or the Indiana state teachers' retirement fund who retire after June 30, 2001. As added by P.L.220-2011, SEC.79.

Sec. 0.3. Actions taken before April 16, 1987, that would have been valid under section 2 of this chapter, as amended by P.L.62-1987, are legalized and validated. As added by P.L.220-2011, SEC.80.

Sec. 1. (a) This section does not apply to: (1) members of the general assembly; or (2) employees covered by section 3 of this chapter. (b) As used in this section, "employees of the state" includes: (1) employees of the judicial circuits whose compensation is paid from state fun…

Sec. 1.1. (a) An individual: (1) who becomes a full-time employee of a political subdivision in a covered position after an ordinance or resolution described in subdivision (2) that is adopted by the political subdivision has been approved by the board; (2) who is employed by a p…

Sec. 10. Each department shall submit to the board certified membership records containing the names, titles, rates of compensation, dates of birth, length of service, and other pertinent information required by the board about the department's employees. A department must submit…

Sec. 11. The director shall certify to the department the names of the employees for whom deductions or payments of contributions must be made. In the preparation of payrolls, each department shall indicate: (1) the total compensation of each employee; (2) the amount of each memb…

Sec. 12. A certified copy of each department's payroll or an equivalent certified list of members shall be sent to the board together with a warrant issued by the department for members' contributions. As added by Acts 1977, P.L.53, SEC.3. Amended by P.L.41-1983, SEC.10.

Sec. 12.5. (a) An employer or department shall make the reports, membership records, or payments required by IC 5-10.3-6 or by sections 10 through 12 of this chapter: (1) not more than thirty (30) days after the end of the calendar quarter, if applicable; (2) by another due date …

Sec. 13. Suspension of Membership; Withdrawal of Contributions. Each member who suspends his membership and withdraws his contributions plus interest credits is covered by IC 5-10.2-3. As added by Acts 1977, P.L.53, SEC.3.

Sec. 14. A governor who makes an irrevocable choice under IC 4-3-3-1.1 to receive a retirement benefit other than the retirement benefit from the fund under IC 5-10.2 and this article waives the governor's right to any pension benefit from the fund on and after the date of the go…

Sec. 15. A person who has fifteen (15) or more years of creditable service in the fund and has withdrawn from the fund before reaching the age of sixty-five (65) years may apply for reinstatement of eligibility, if the person: (1) makes the application before July 1, 1998, and wi…

Sec. 2. The following employees may not be members of the fund: (1) Officials of a political subdivision elected by vote of the people, unless the governing body specifically provides for the participation of locally elected officials. (2) Employees occupying positions normally r…

Sec. 2.5. Notwithstanding the provisions of section 2 of this chapter, any constable who: (1) is not otherwise eligible for membership in the public employees' retirement fund; and (2) was enrolled erroneously in the public employees' retirement fund as a contributing member; is …