Authority: IC 4-30-3-7; IC 4-30-3-9

Affected: IC 4-30-3-16; IC 4-30-8

Sec. 5. (a) The procedure in this section shall be followed in awarding contracts by invitation to bid as follows:

1. (1) An invitation to bid shall include the terms determined by the director to be in the best interests of the commission and may include the following:

   1. (A) A description of the goods and services to be purchased, including the time and place for delivery of the goods and services.
   2. (B) The contractual terms and conditions, if any, applicable to the procurement.
   3. (C) A statement of the evaluation criteria to be used to determine the winning bid.
   4. (D) The date and time by which bids are to be submitted to the commission for consideration.
2. (2) Public notice shall be given in the manner required by section 12 of this rule.

(b) Bids shall be evaluated based on any criteria set forth in the invitation to bid and any amendments thereto.

(c) Correction or withdrawal of inadvertently erroneous bids before or after award, or cancellation of awards or contracts based on such mistakes, shall be permitted at the discretion of the director. After bid opening, changes in bids or other actions that the director deems contrary to the best interests of the commission shall not be permitted.

(d) If a bidder inserts contract terms or bids on items not specified in the invitation for bids, the director shall 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 in order to meet the requirements and criteria set forth in the invitation for bids; or
3. (3) accept any of the proposed additions to the contract that are not contrary to the best interests of the commission.

(e) A contract shall be awarded by written notice to the lowest responsible and responsive bidder whose bid meets the requirements and criteria set forth in the invitation for bids as determined by the director or the director's designee.

(f) The director may utilize a multiple step bid process by requiring that bidders initially submit unpriced offers in response to an invitation to bid. Submission of priced bids may then be restricted to only those bidders whose offer qualified under the criteria set forth in the original invitation.

(State Lottery Commission; 65 IAC 2-1-5; emergency rule filed Jul 20, 1989, 4:10 p.m.: 12 IR 2293; emergency rule filed Nov 20, 1989, 10:05 a.m.: 13 IR 679; emergency rule filed Dec 9, 1996, 4:00 p.m.: 20 IR 962; readopted filed Nov 30, 2001, 11:02 a.m.: 25 IR 1268; readopted filed Nov 14, 2007, 3:02 p.m.: 20071212-IR-065070656RFA; emergency rule filed Feb 11, 2011, 2:41 p.m.: 20110216-IR-065110082ERA; emergency rule filed Jun 28, 2013, 1:13 p.m.: 20130710-IR-065130297ERA; readopted filed Nov 21, 2019, 1:49 p.m.: 20191218-IR-065190507RFA; readopted filed May 26, 2023, 8:01 a.m.: 20230621-IR-065230294RFA)