Authority: IC 8-23-2-6

Affected: IC 5-22

Sec. 16. (a) The department reserves the right to accept or reject any or all bids, or any part thereof, and to award the items separately or all to one (1) bidder. A bidder bidding on an all or none basis must state so in its bid.

(b) Prior to the opening of bids, the department may cancel an invitation for bid in whole or in part, when it is in the best interest of the department. Reasons for cancellation include, but are not limited to:

1. (1) the department no longer requires the supplies or services;
2. (2) the department no longer can reasonably expect to fund the procurement; or
3. (3) proposed amendments to the invitation for bid would be of such magnitude that a new invitation for bid is desirable.

(c) After the opening of bids, but prior to award of a contract, the department may reject all bids, in whole or in part, when it is in the best interest of the department. Reasons for rejection include, but are not limited to:

1. (1) the department no longer requires the supplies or services;
2. (2) ambiguous or otherwise inadequate specifications were part of the invitation for bid;
3. (3) prices exceed available funds and it would not be appropriate to adjust quantities to come within available funds;
4. (4) all bids received contain unreasonable prices; or
5. (5) there is reason to believe that the bids or proposals may not have been independently prepared.

(d) When the department cancels an invitation for bid, the department will send notice to each person who submitted a bid, stating the reason for cancellation. The reason for cancellation shall be made part of the procurement file and shall be available for public inspection.

(e) When two (2) or more bids are equal, award shall be made by a drawing by lot limited to those bidders. If time permits, the bidders involved shall be given an opportunity to attend the drawing. The drawing shall be witnessed by at least three (3) persons, and the contract file shall contain the names and addresses of the witnesses.

(Indiana Department of Transportation; 105 IAC 12-2-16; filed Jan 15, 1993, 1:00 p.m.: 16 IR 1506; filed Oct 3, 2001, 9:35 a.m.: 25 IR 369; readopted filed Nov 7, 2001, 3:20 p.m.: 25 IR 899; readopted filed Jun 14, 2007, 2:45 p.m.: 20070627-IR-105070237RFA; readopted filed Oct 2, 2013, 11:39 a.m.: 20131030-IR-105130295RFA; readopted filed Oct 4, 2019, 9:49 a.m.: 20191030-IR-105190422RFA; readopted filed Oct 21, 2025, 3:46 p.m.: 20251112-IR-105240645RFA)