IC 8-23-9-4: Acceptance of proposals; criteria

Sec. 4. Notwithstanding any other statute or rule adopted by the department, the department may accept a proposal and award a contract for the construction, improvement, or maintenance of a road if:

(1) the lowest responsive and qualified bid is:

(A) less than three million dollars ($3,000,000);

(B) one (1) of three (3) or more bids received by the department for the contract; or

(C) not more than fifteen percent (15%) above the estimated cost of the project;

(2) the commissioner believes that awarding a contract under this section is in the best interests of the state; and

(3) the award would comply with any requirement imposed under section 13 of this chapter.