Authority: IC 4-13-1.3-4; IC 4-13.6-2-11; IC 4-13.6-3-1; IC 5-22-14-3

Affected: IC 4-13.6; IC 5-22-14

Sec. 5. (a) The department shall make an award to the small business which has submitted the lowest priced offer if:

1. (1) the business is responsive and responsible; and
2. (2) the offer is reasonable in the judgment of the department.

(b) If either of the criteria set out in subsection (a) is not met, the department may:

1. (1) make an award to the small business that has made the next lowest priced offer and that satisfies both criteria set out in subsection (a); or
2. (2) cancel the solicitation as a small business procurement or a small business project.

(c) If the department does not make an award under this section, then the procurement may be made or the public works project performed without limitation to small businesses.

(Indiana Department of Administration; 25 IAC 1.5-3-5; filed Jul 17, 1985, 11:48 a.m.: 8 IR 1699; filed Nov 3, 1988, 9:20 a.m.: 12 IR 526; readopted filed Nov 20, 2001, 9:30 a.m.: 25 IR 1265; readopted filed Aug 26, 2008, 8:31 a.m.: 20080910-IR-025080549RFA; readopted filed Oct 31, 2014, 1:19 p.m.: 20141126-IR-025140349RFA; errata filed Sep 9, 2020, 11:02 a.m.: 20200923-IR-025200470ACA; readopted filed Oct 20, 2020, 1:55 p.m.: 20201118-IR- 025200463RFA)