Electronic Transmission of Notice or Other Materials

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Sec. 4. (a) Whenever this article requires that notice or other material be sent by mail, the material may be sent by electronic means as stated in any of the following:

(1) Rules adopted by the governmental body.

(2) Written policies of the purchasing agency.

(3) A solicitation.

(b) Rules, written policies, and solicitation statements described in subsection (a):

(1) are subject to this article; and

(2) must provide that the transmission of information is at least as efficient and secure as sending the material by mail.

(c) A governmental body may receive electronic offers if both of the following apply:

(1) The solicitation indicates the procedure for transmitting the electronic offer to the governmental body.

(2) The governmental body receives the offer on a fax machine, by electronic mail, or by means of another electronic system that has a security feature that protects the content of an electronic offer with the same degree of protection as the content of an offer that is not transmitted by electronic means.

(d) A governmental body conducting a reverse auction must receive electronic offers for supplies through an Internet purchasing site.

As added by P.L.49-1997, SEC.1. Amended by P.L.31-2002, SEC.2; P.L.1-2003, SEC.19; P.L.93-2004, SEC.7.


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