(a) All sales or disposal of real property, tangible personal property, equipment, or other items owned by or under the control of the county commission shall be made by free and open competitive sealed bids or at public auction, except that all sales or exchanges of real property, equipment, and personal property with another municipal or other governmental entity located within Marion County may be made without the necessity of public auction or competitive sealed bids.
(b) Every proposal to make a sale covered by this section shall be publicly advertised at least twice at two-week intervals in a newspaper of countywide circulation and a newspaper of statewide circulation in advance of the date fixed for receiving bids. The advertisements shall state a description of the property to be sold along with the date, time, and place of opening of the sealed bids.
(c) All bids shall be publicly owned and all bidders shall be entitled to be present in person or by representative. Any agreement or collusion among bidders or prospective bidders or any other person in restraint of freedom of competition, by any agreement to bid at a fixed price or to refrain from bidding, shall render the bids of such bidders void and shall cause such bidders to be disqualified from submitting further bids. Any disclosure prior to opening the sealed bids of the terms of a bid shall render the proceedings void.
(d) All proceeds from the sale or other disposition of the property under this section shall be deposited in the general fund of the county, except those proceeds from the sale of roadway pipe, slag, and used or surplus equipment shall be deposited back into the fund that originally paid for the pipe, slag, or used or surplus equipment.
(e) Anyone who knowingly violates this section shall be guilty of a Class C felony and upon conviction shall be fined up to ten thousand dollars ($10,000) and may be imprisoned in the state penitentiary for up to five years.
(f) Any taxpayer of the area within the jurisdiction of the county and any bona fide unsuccessful bidder on a particular contract shall be empowered to bring a civil action in the appropriate court to enjoin execution of any contract entered into in violation of this section.
Last modified: May 3, 2021