Authority: IC 8-23-2-6

Affected: IC 8-23-9-21; IC 8-23-10

Sec. 7. (a) No part of the proposal form or proposal bid shall be deleted, detached, or altered.

(b) The quantities appearing in the schedule of pay items are approximate and are prepared for the comparison of bids. Payment to the contractor will be made only for:

1. (1) the actual quantities of work performed and accepted; or
2. (2) materials furnished in accordance with the contract.

The scheduled quantities of work to be done and materials to be furnished may be increased, decreased, or omitted.

(c) The bidder must submit its bid in the format specified by the proposal form. All required items in the proposal form must be complete when submitted.

(d) If the proposal form allows a paper bid to be submitted, the bidder may submit a schedule of pay items that has been produced by computer using the electronic schedule of pay items provided on the department's Web site.

(e) If a bidder states an incorrect item description, quantity, price, or unit, then the item description, quantity, price, or unit shown on the department's schedule of pay items, will control. The department will:

1. (1) correct an incorrect item number if the bidder's intent is clear; and

2. (2) compute the bid based on the:

   1. (A) item numbers shown on the bidder's computerized schedule of pay items and any corresponding item numbers the department corrects;
   2. (B) quantity and units for each item shown on the department's schedule of pay items; and
   3. (C) bidder's unit price or lump sum price for each item, regardless of the item description, quantity, or unit shown on the computerized schedule of pay items.

If the bidder bids on item numbers deleted or not included in the department's schedule of pay items the department will disregard the items and adjust the total bid accordingly. In the event the bidder bids on both its computerized schedule of pay items and the department's schedule of pay items, the department's schedule of pay items shall govern. The bidder is responsible for all errors.

(f) A bidder must file a sworn statement executed by or on behalf of the person, firm, association, or corporation submitting the bid, certifying that the person, firm, association, or corporation has not, either directly or indirectly:

1. (1) entered into any agreement;
2. (2) participated in any collusion; or
3. (3) otherwise taken any action;

in restraint of free competitive bidding in connection with the submitted bid. The required form for the statement will be incorporated into the format specified by the proposal form and as applicable to each prospective bidder.

(g) When an:

1. (1) alternate bid is requested; or
2. (2) item in the proposal form contains a choice to be made by the bidder;

the bidder must indicate its choice in accordance with the special provisions or specifications for that particular item, and thereafter no further choice will be permitted.

(h) A paper proposal bid must show the firm name or names and be signed in ink by:

1. (1) the individual;
2. (2) one (1) or more members of the partnership;

3. (3) one (1) or more members or officers of:

   1. (A) each company representing a joint venture; or
   2. (B) a corporation duly authorized to sign contracts; or
4. (4) an agent of the bidder legally qualified and acceptable to the department.

(i) An electronic proposal bid must be submitted through and authenticated by a designated electronic medium.

(j) To submit an electronic proposal bid, a bidder shall pay the fees required by the designated electronic medium to participate in the electronic bidding system.

(k) The bidder must properly execute the following in a format specified by the department:

1. (1) The bid bond.
2. (2) The performance bond.
3. (3) The highway contract form.
4. (4) The noncollusion affidavit.
5. (5) The current contractual obligations.
6. (6) Any other information or assurances specified in the notice to contractors.
7. (7) Any forms included in the proposal form before submitting same.

(Indiana Department of Transportation; 105 IAC 11-3-7; filed Jul 25, 1991, 3:30 p.m.: 14 IR 2194; filed Jun 14, 1993, 5:30 p.m.: 16 IR 2540; filed Jul 15, 1993, 4:00 p.m.: 16 IR 2821; readopted filed Nov 7, 2001, 3:20 p.m.: 25 IR 899; filed May 23, 2007, 2:58 p.m.: 20070620-IR-105070036FRA; readopted filed Oct 2, 2013, 11:39 a.m.: 20131030-IR-105130295RFA; readopted filed Oct 4, 2019, 9:49 a.m.: 20191030-IR-105190422RFA)