Sec. 13. (a) Bids shall be opened publicly in the presence of at least one (1) witness at the time and place designated in the notice of the sale.

(b) Bids shall be:

(1) unconditionally accepted without alteration or correction, except as provided in subsections (e) through (g); and

(2) evaluated based on the requirements set forth in the notice of sale.

(c) Subject to section 15 of this chapter, the property shall be sold with reasonable promptness to the bidder who submits the highest bid and whose bid meets the requirements and criteria set forth in the notice of sale.

(d) The department shall permit correction or withdrawal of inadvertently erroneous bids before or after bids are opened.

(e) If a bidder inserts terms not specified in the notice of sale, the department may do any of the following:

(1) Find the bidder to be nonresponsive.

(2) Permit the bidder to withdraw the additional terms to meet the requirements and criteria set forth in the notice of sale.

(3) Subject to subsections (f)(1) and (h)(2), accept any of the proposed terms.

(f) The department may not:

(1) accept proposed additional terms; or

(2) permit a change in a bid after bids are opened;

prejudicial to the interest of the state or fair competition.

(g) The department may cancel a sale only as permitted in either of the following:

(1) As stated in the notice of the sale.

(2) Under rules adopted by the department under IC 4-22-2.

(h) The commissioner must make a written determination supporting any of the following:

(1) Permitting the correction or withdrawal of a bid.

(2) A decision of the department to accept proposed additional terms under subsection (e)(3).

(3) Canceling the sale.

As added by P.L.7-1993, SEC.7.