Authority: IC 8-23-2-6

Affected: IC 5-22

Sec. 4. (a) If a bidder inserts contract terms or bids on items not listed in the invitation for bid, the department will treat the additional material as a proposal for addition to the contract and may:

1. (1) find the bidder to be nonresponsive;
2. (2) permit the bidder to withdraw the proposed additions to the contract; or
3. (3) accept any of the proposed additions to the contract.

(b) The department will not accept proposed additions to the contract that are prejudicial to the interest of the department or fair competition. The department's decision to permit a change will be made in writing.

(Indiana Department of Transportation; 105 IAC 12-4-4; filed Jan 15, 1993, 1:00 p.m.: 16 IR 1509; filed Oct 3, 2001, 9:35 a.m.: 25 IR 371; 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)