Ind. Code ch. 8-15.5-4

Ind. Code ch. 8-15.5-4
in effect

Ind. Code § 8-15.5-4-1 Request for proposals required

Sec. 1. Before entering into a public-private agreement under this article, the authority must issue a request for proposals as set forth in this chapter. A request for proposals for a project may be issued by the authority in one (1) or more phases and may include a request for qualifications. As added by P.L.47-2006, SEC.39. Amended by P.L.205-2013, SEC.143.

Ind. Code § 8-15.5-4-1.5 Required studies; public hearing; public comment process

Sec. 1.5. (a) This section applies only to a toll road project and not to a freeway project or a facility project. (b) The authority may not issue a request for proposals for a toll road project under this article unless the authority has received a preliminary feasibility study and an economic impact study for the project from the department, conducted a public hearing, and concluded the periods for public comments and the authority's replies. (c) The economic impact study must, at a minimum, include an analysis of the following matters with respect to the proposed project: (1) Economic impacts on existing commercial and industrial development. (2) Potential impacts on employment. (3) Potential for future development near the project area, including consideration of locations for interchanges that will maximize opportunities for development. (4) Fiscal impacts on revenues to local units of government. (5) Demands on government services, such as public safety, public works, education, zoning and building, and local airports. The authority shall post a copy of the economic impact study on the authority's website and shall also provide copies of the study to the governor and the legislative council (in an electronic format under IC 5-14-6). (d) After completion of the economic impact study, the authority must conduct a public hearing on the results of the study in the county seat of the county in which the proposed project would be located. At least ten (10) days before each public hearing, the authority shall: (1) post notice of the public hearing on the authority's website; (2) publish notice of the public hearing one (1) time in accordance with IC 5-3-1 in two (2) newspapers of general circulation in the county; and (3) include in the notices under subdivisions (1) and (2): (A) the date, time, and place of the hearing; (B) the subject matter of the hearing; (C) a description of the purpose of the economic impact study; (D) a description of the proposed project and its location; and (E) a statement concerning the availability of the study on the authority's website. At the hearing, the authority shall allow the public to be heard on the economic impact study and the proposed project. (e) For the thirty (30) days following the public hearing on the results of the economic impact study, the authority shall receive comments from the public on the proposed project. The comments may address any aspect of the proposed project. (f) Within fifteen (15) days following the close of the public comment period, the authority shall publish on the authority's website the authority's replies to the public comments submitted to the authority during the public comment period. As added by P.L.85-2010, SEC.7. Amended by P.L.205-2013, SEC.144; P.L.91-2014, SEC.23; P.L.213-2015, SEC.110; P.L.218-2017, SEC.74; P.L.1-2025, SEC.128.

Ind. Code § 8-15.5-4-2 Contents of request for proposals

Sec. 2. A request for proposals issued by the authority must include the following: (1) The factors or criteria that will be used in evaluating the proposals. (2) A statement that a proposal must be accompanied by evidence of financial responsibility as considered appropriate and satisfactory by the authority. (3) A statement concerning whether discussions may be conducted with the offerors for the purpose of clarification to assure full understanding of and responsiveness to the solicitation requirements. (4) A statement concerning any other information that the authority may consider in evaluating the proposals. (5) A statement that to be considered an eligible offeror, the offeror, any private entity described in section 7(d) of this chapter with respect to the offeror, or any predecessor to the private entity must have completed a comparable project in North America within two (2) years of the date of the submission of the offeror's proposal. (6) A statement that, except as otherwise required by law or under order from a court with jurisdiction, the authority may not disclose the contents of proposals during: (A) discussions; or (B) negotiations; with eligible offerors to other eligible offerors. As added by P.L.47-2006, SEC.39. Amended by P.L.189-2018, SEC.87.

Ind. Code § 8-15.5-4-3 Notice of request for proposals

Sec. 3. Notice of a request for proposals shall be given by publication in accordance with IC 5-3-1. As added by P.L.47-2006, SEC.39.

Ind. Code § 8-15.5-4-4 Discussions with offerors

Sec. 4. As provided in a request for proposals, discussions may be conducted with the offerors for the purpose of clarification to assure full understanding of and responsiveness to the solicitation requirements. As added by P.L.47-2006, SEC.39.

Ind. Code § 8-15.5-4-5 Fair and equal treatment of offerors

Sec. 5. Eligible offerors must be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals. As added by P.L.47-2006, SEC.39.

Ind. Code § 8-15.5-4-6 Access to contents of proposals

Sec. 6. (a) The authority may not disclose the contents of proposals during discussions or negotiations with eligible offerors. (b) The authority may, in its discretion in accordance with IC 5-14-3, treat as confidential all records relating to discussions or negotiations between the authority and eligible offerors if those records are created while discussions or negotiations are in progress. (c) Notwithstanding subsections (a) and (b), and with the exception of parts that are confidential under IC 5-14-3, the terms of the selected offer negotiated under this article shall be available for inspection and copying under IC 5-14-3 after negotiations with the offerors have been completed. (d) When disclosing the terms of the selected offer under subsection (c), the authority shall certify that the information being disclosed accurately and completely represents the terms of the selected offer. As added by P.L.47-2006, SEC.39.

Ind. Code § 8-15.5-4-7 Negotiations with offerors

Sec. 7. (a) The authority shall negotiate with one (1) or more responsible offerors who submit proposals that are determined to be reasonably capable of being selected for a public-private agreement and may seek to obtain a final offer from one (1) or more responsible offerors. (b) In determining whether one (1) or more responsible offerors are reasonably capable of being selected for a public-private agreement, the authority must consider all the following: (1) The responsible offeror's expertise, qualifications, competence, skills, and know-how to perform its obligations under the proposed public-private agreement in accordance with the public-private agreement. (2) The financial strength of the responsible offeror, including its capitalization. (3) The experience of the responsible offeror, or predecessor to the offeror, in other comparable projects in North America and the quality of the responsible offeror's or predecessor's past or present performance on other comparable projects in North America that have been completed within two (2) years of the date of the submission of the offeror's proposal. (4) The integrity, background, and reputation of the responsible offeror, including the absence of criminal, civil, or regulatory claims or actions against the responsible offeror. (c) The requirements set forth in subsection (b) also apply to the approval by the authority of any successor or replacement operator under the public-private agreement after the execution of the public-private agreement under section 11 of this chapter. (d) In making its determination under subsection (b) or (c), the authority shall consider: (1) the offeror or operator; (2) any affiliate of the offeror or operator; (3) any party or affiliate of the offeror or operator that the offeror's proposal sets forth as a party or affiliate that may enter into a substantive contract with the offeror or operator to carry out the obligations of the offeror or operator under the public-private agreement with respect to the construction, operations, or rehabilitation of the project; and (4) any private entity that controls the actions of those considered by the authority under subdivisions (1) through (3). As added by P.L.47-2006, SEC.39. Amended by P.L.205-2013, SEC.145; P.L.189-2018, SEC.88.

Ind. Code § 8-15.5-4-8 Preliminary selection of offeror or termination of process; receipt of certificate from offeror

Sec. 8. (a) After the final offers from responsible offerors have been negotiated under section 7 of this chapter, the authority shall: (1) subject to a responsible offeror complying with subsection (b), make a preliminary selection of an offeror as the operator for the project, whose final offer is referred to in this article as the "selected offer"; or (2) terminate the request for proposal process. (b) Before the authority may consider an offeror for a preliminary selection, the authority must have received a certificate from the offeror that includes the information required to be considered under section 7(b)(4) and 7(d) of this chapter that is dated not more than fifteen (15) days and not fewer than ten (10) days before the date of the authority's public meeting at which the authority will make a final selection. As added by P.L.47-2006, SEC.39. Amended by P.L.205-2013, SEC.146; P.L.189-2018, SEC.89.

Ind. Code § 8-15.5-4-9 Public hearing on preliminary selection and agreement

Sec. 9. (a) If the authority makes a preliminary selection of an operator under section 8 of this chapter, the authority shall schedule a public hearing on the preliminary selection and the terms of the public-private agreement for the project. The hearing shall be conducted in the county seat of any Indiana county in which the proposed project is to be located. (b) At least ten (10) days before the public hearing, the authority shall post on its website: (1) the proposal submitted by the offeror that has been preliminarily selected as the operator for the project, except for those parts of the proposal that are confidential under this article; and (2) the proposed public-private agreement for the project. (c) At least ten (10) days before the public hearing, the authority shall: (1) post notice of the public hearing on the authority's website; and (2) publish notice of the hearing one (1) time in accordance with IC 5-3-1 in two (2) newspapers of general circulation in the Indiana county in which the proposed project is to be located. (d) The notices required by subsection (c) must include the following: (1) The date, time, and place of the hearing. (2) The subject matter of the hearing. (3) A description of the project and of the public-private agreement to be awarded. (4) The identity of the offeror that has been preliminarily selected as the operator for the project. (5) The address and telephone number of the authority. (6) A statement indicating that, subject to section 6 of this chapter, and except for those portions that are confidential under this chapter, the following are available on the authority's website and are also available for public inspection and copying at the principal office of the authority during regular business hours: (A) The selected offer. (B) An explanation of the basis upon which the preliminary selection was made. (C) The proposed public-private agreement for the project. (e) At the hearing, the authority shall allow the public to be heard on the preliminary selection of the operator for the proposed project and the terms of the public-private agreement for the proposed project. As added by P.L.47-2006, SEC.39. Amended by P.L.85-2010, SEC.8; P.L.205-2013, SEC.147; P.L.91-2014, SEC.24; P.L.1-2025, SEC.129.

Ind. Code § 8-15.5-4-10 Access to selected offer

Sec. 10. (a) Subject to section 6 of this chapter, and except for those parts that are confidential under IC 5-14-3, the selected offer and a written explanation of the basis upon which the preliminary selection was made shall be made available for inspection and copying in accordance with IC 5-14-3 at least seven (7) days before the hearing scheduled under section 9 of this chapter. (b) At the hearing, the authority shall allow the public to be heard on the preliminary selection. As added by P.L.47-2006, SEC.39.

Ind. Code § 8-15.5-4-11 Designation of operator; publication of notice; execution of public-private agreement

Sec. 11. (a) After the applicable procedures required in this chapter have been completed, the authority shall make a determination as to whether the offeror that submitted the selected offer should be designated as the operator for the project and shall submit the authority's determination to the governor and the budget committee. (b) After review of the authority's determination by the budget committee, the governor may accept or reject the determination of the authority. If the governor accepts the determination of the authority, the governor shall designate the offeror who submitted the selected offer as the operator for the project. The authority shall publish notice of the designation of the operator for the project one (1) time, in accordance with IC 5-3-1. (c) After the designation of the operator for the project, the authority may execute the public-private agreement with that operator. (d) The budget committee shall hold a meeting and conduct a review of the determination not later than ninety (90) days after the date the authority's determination is submitted for review. As added by P.L.47-2006, SEC.39. Amended by P.L.163-2011, SEC.5; P.L.205-2013, SEC.148; P.L.181-2016, SEC.35.

Ind. Code § 8-15.5-4-12 Action to contest validity of public-private agreement

Sec. 12. Any action to contest the validity of a public-private agreement or any underlying agreement related to the public-private project that is entered into under this article may not be brought after the fifteenth day following the publication of the notice of the designation of an operator under the public-private agreement as provided in section 11 of this chapter. As added by P.L.47-2006, SEC.39. Amended by P.L.91-2014, SEC.25.

Ind. Code § 8-15.5-4-13 Disclosure of contents of proposals

Sec. 13. The authority shall disclose the contents of all proposals, except the parts of the proposals that may be treated as confidential in accordance with IC 5-14-3, when either: (1) the request for proposal process is terminated under section 8 of this chapter; or (2) the public-private agreement has been executed and the closing for each financing transaction required to provide funding to carry out the agreement has been conducted. As added by P.L.47-2006, SEC.39.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/8Fetched: 10/17/2026