CHAPTER 9.5. QUALIFICATIONS OF BIDDERS FOR CERTAIN CONTRACTS
IC 36-1-9.5
Chapter 9.5. Qualifications of Bidders for Certain Contracts
IC 36-1-9.5-1
Application of chapter
Sec. 1. This chapter applies only to contracts awarded by localboards of aviation commissioners operating under IC 8-22-2 andlocal airport authorities operating under IC 8-22-3. This chapterapplies only to contracts for the following:
(1) The construction or maintenance of buildings, runways,roads, and other improvements.
(2) The purchase of materials, equipment, and supplies.
As added by P.L.85-1991, SEC.3.
IC 36-1-9.5-2
"Advertisement" defined
Sec. 2. As used in this chapter, "advertisement" means the publicannouncement inviting bids for work to be performed or materials tobe furnished.
As added by P.L.85-1991, SEC.3.
IC 36-1-9.5-3
"Applicant" defined
Sec. 3. As used in this chapter, "applicant" means a contractor orthe subcontractor who seeks to do business with an entity.
As added by P.L.85-1991, SEC.3.
IC 36-1-9.5-4
"Application" defined
Sec. 4. As used in this chapter, "application" means the act offiling a statement with an entity to request qualification to performwork.
As added by P.L.85-1991, SEC.3.
IC 36-1-9.5-5
"Award" defined
Sec. 5. As used in this chapter, "award" means the acceptance byan entity of a bid and authorization by an entity to enter into acontract with the bidder.
As added by P.L.85-1991, SEC.3.
IC 36-1-9.5-6
"Bid bond" defined
Sec. 6. As used in this chapter, "bid bond" means the approvedform of security furnished with a bid to guarantee that the bidder willenter into the contract if the bidder's bid is accepted.
As added by P.L.85-1991, SEC.3.
IC 36-1-9.5-7
"Bidder" defined Sec. 7. As used in this chapter, "bidder" means an individual, apartnership, a firm, a limited liability company, a corporation, orother person submitting a bid for advertised work.
As added by P.L.85-1991, SEC.3. Amended by P.L.8-1993, SEC.513.
IC 36-1-9.5-8
"Certificate of qualification" defined
Sec. 8. As used in this chapter, "certificate of qualification" meansthe official document that qualifies a contractor to bid on contractsof an entity that require prequalification under this chapter.
As added by P.L.85-1991, SEC.3.
IC 36-1-9.5-9
"Contract" defined
Sec. 9. As used in this chapter, "contract" means the writtenagreement between an entity and a contractor setting forth theobligations of the parties.
As added by P.L.85-1991, SEC.3.
IC 36-1-9.5-10
"Contractor" defined
Sec. 10. As used in this chapter, "contractor" means an individual,a partnership, a firm, a limited liability company, a corporation, orother person contracting with or desiring to contract with an entityfor performance of prescribed work.
As added by P.L.85-1991, SEC.3. Amended by P.L.8-1993, SEC.514.
IC 36-1-9.5-11
"Entity" defined
Sec. 11. As used in this chapter, "entity" means the following:
(1) A local board of aviation commissioners operating underIC 8-22-2.
(2) A local airport authority operating under IC 8-22-3.
As added by P.L.85-1991, SEC.3.
IC 36-1-9.5-12
"Payment bond" defined
Sec. 12. As used in this chapter, "payment bond" means anapproved form of security, furnished and executed by the bidder andthe bidder's surety, that guarantees the payment of all legal debtsrelated to the construction of the project.
As added by P.L.85-1991, SEC.3.
IC 36-1-9.5-13
"Performance bond" defined
Sec. 13. As used in this chapter, "performance bond" means anapproved form of security, furnished and executed by the bidder andthe bidder's surety, that guarantees the complete execution of thecontract and all supplemental agreements.
As added by P.L.85-1991, SEC.3.
IC 36-1-9.5-14
"Prequalification administrator" defined
Sec. 14. As used in this chapter, "prequalification administrator"means the administrative officer of an entity who is responsible forthe administration of the qualification of contractors under thischapter.
As added by P.L.85-1991, SEC.3.
IC 36-1-9.5-15
"Proposal" defined
Sec. 15. As used in this chapter, "proposal" means an offer of abidder, on a prescribed form, to perform the work and to furnish thelabor and materials at the prices quoted.
As added by P.L.85-1991, SEC.3.
IC 36-1-9.5-16
"Subcontractor" defined
Sec. 16. As used in this chapter, "subcontractor" means anindividual, a partnership, a firm, a limited liability company, acorporation, or other person to whom a contractor sublets part of acontract.
As added by P.L.85-1991, SEC.3. Amended by P.L.8-1993, SEC.515.
IC 36-1-9.5-17
"Surety" defined
Sec. 17. As used in this chapter, "surety" means a corporate bodybound with and for the contractor for the following:
(1) The full and complete performance of the contract.
(2) The payment of all debts related to the work.
As added by P.L.85-1991, SEC.3.
IC 36-1-9.5-18
"Unearned work" defined
Sec. 18. As used in this chapter, "unearned work" means the totaldollar value of work contracted for but not performed.
As added by P.L.85-1991, SEC.3.
IC 36-1-9.5-19
Qualification requirement; notice; prequalification by departmentof transportation
Sec. 19. (a) An entity may require a bidder on a contract describedin section 1 of this chapter to be qualified under this chapter. If anentity determines that bidders on a contract must be qualified underthis chapter, the entity shall provide notice of the qualificationrequirement in the public notice stating that bids will be accepted forthe contract. The entity shall advertise ninety (90) days before theexpected bid date the fact that the entity has determined that bidderson a contract must be qualified under this chapter. If an entitydetermines that qualification is required under this chapter for aparticular contract, it is unlawful for the entity to award a contract to
a person other than a bidder previously qualified in compliance withthis chapter.
(b) A bidder who is qualified by the Indiana department oftransportation (IC 8-23-2-1) is qualified under this chapter. Such abidder is not required to obtain a certificate of qualification from anentity in order to bid on a contract that is described in section 1 ofthis chapter.
As added by P.L.85-1991, SEC.3.
IC 36-1-9.5-20
Statement of experience; form; contents
Sec. 20. A contractor desiring to offer bids for the performance ofcontracts for which an entity requires prequalification must file astatement of experience and financial condition using a formprescribed by the state board of accounts. The statement mustinclude a complete report of the following of the prospective bidder:
(1) Financial ability.
(2) Adequacy of plant and equipment.
(3) Organization and experience.
As added by P.L.85-1991, SEC.3.
IC 36-1-9.5-21
Investigation by entity
Sec. 21. The submission of a statement under section 20 of thischapter by an applicant authorizes the entity to obtain all informationthat the entity considers relevant to the applicant's financial worth,assets and liabilities, organization, personnel, work experience,prosecution of work on previous contracts, condition and adequacyof equipment.
As added by P.L.85-1991, SEC.3.
IC 36-1-9.5-22
New statement demand by entity; effect of noncompliance;incomplete or false information in prequalification application
Sec. 22. (a) An entity may at any time during which a certificateof qualification is in effect demand a new statement. If a contractordoes not provide a new statement not later than sixty (60) days afterthe request is made, the entity may void the contractor's certificate ofqualification.
(b) If a contractor fails to provide complete and true informationin an application, the application for prequalification shall berejected.
As added by P.L.85-1991, SEC.3.
IC 36-1-9.5-23
Statements; order considered; limitation
Sec. 23. (a) Except as provided in subsection (b), an entity shallconsider statements in the order in which the statements are receivedby the entity.
(b) A statement provided by a new applicant who desires to bid on
an advertised project must be received not later than forty-five (45)calendar days before the bid opening to receive consideration for thatbid opening. A statement provided by a contractor applying forprequalification renewal must be received at least fifteen (15)calendar days before the bid opening date to receive considerationfor that bid opening.
As added by P.L.85-1991, SEC.3.
IC 36-1-9.5-24
Assets of contractor; sufficiency
Sec. 24. An applicant may not be given a certificate ofqualification unless the review of the applicant's statement showsthat the applicant possesses the net current assets determined by theentity to be sufficient to execute the contract and meet all obligationsof the contract.
As added by P.L.85-1991, SEC.3.
IC 36-1-9.5-25
Qualifications necessary; determination
Sec. 25. (a) An applicant must possess the qualifications requiredunder this chapter and the entity must determine that the applicant isa competent and responsible bidder before the entity may issue theapplicant a certificate of qualification.
(b) In making a determination under this section, an entity mayconsider only the following areas:
(1) The contractor's organization and personnel.
(2) The contractor's work experience and prosecution of workon previous contracts.
(3) The condition and adequacy of the contractor's equipment.
(4) The contractor's financial condition and the quality of thefinancial information furnished by the contractor.
(c) An entity may not arbitrarily or capriciously refuse to issue acertificate of qualification to an applicant.
As added by P.L.85-1991, SEC.3.
IC 36-1-9.5-26
Recommendation of prequalification administrator
Sec. 26. An entity's prequalification administrator shall make arecommendation to the entity regarding the action that should betaken on an application. An entity may in the exercise of the entity'ssole discretion accept or reject the recommendation of aprequalification administrator.
As added by P.L.85-1991, SEC.3.
IC 36-1-9.5-27
Notice of entity's decision; effective date of certificate
Sec. 27. (a) An entity shall send an applicant written notice of theentity's decision regarding the application.
(b) A certificate of qualification becomes effective on the datedetermined by the entity.As added by P.L.85-1991, SEC.3.
IC 36-1-9.5-28
Contractor evaluation forms; confidentiality
Sec. 28. (a) For the purpose of determining competency andresponsibility the prequalification administrator may send evaluationforms to either of the following:
(1) Persons with whom the contractor has had businessrelationships.
(2) Persons who have used the services of the contractor'semployees.
(b) An entity shall keep confidential all responses received underthis section. However, upon request of a contractor, an entity shallallow that contractor to inspect the responses received under thissection in regard to the evaluation of that contractor.
As added by P.L.85-1991, SEC.3.
IC 36-1-9.5-29
Duration of certificate's validity; expiration date
Sec. 29. A certificate of qualification may not be valid for morethan sixteen (16) months. The expiration date of a certificate ofqualification may not be more than eighteen (18) months after thedate of the statement upon which the certificate is based. Thecertificate period may not be extended.
As added by P.L.85-1991, SEC.3.
IC 36-1-9.5-30
Notice of nonissuance of certificate
Sec. 30. An entity shall notify an applicant if a certificate ofqualification is not issued to the applicant.
As added by P.L.85-1991, SEC.3.
IC 36-1-9.5-31
Change in contractor's circumstances during certificate validityperiod; notice to prequalification administrator
Sec. 31. If at any time during the valid period of a certificate ofqualification the latest statement of a contractor on record with anentity ceases to represent fairly and substantially the financialposition or the equipment of the contractor, the contractor shall dothe following until the contractor's qualification is confirmed orrevised:
(1) Notify the entity prequalification administrator of thechange of circumstances.
(2) Refrain from further bidding on contracts for which theentity has required prequalification.
As added by P.L.85-1991, SEC.3.
IC 36-1-9.5-32
Personal interview of contractor by entity; updated statement;audit Sec. 32. (a) An entity may require a personal interview with anycontractor when considering qualifications.
(b) A prequalification administrator may request a new statementif the date of the statement is more than six (6) months old whensubmitted.
(c) A statement furnished for qualification greater than twohundred thousand dollars ($200,000) must include a reviewed or anaudited financial statement prepared and attested as correct by anindependent certified public accountant registered and in goodstanding in any state. The accountant must make an independentverification of assets and liabilities in accordance with generallyaccepted auditing standards. The execution of a certificate of auditconstitutes certification that an audit in accordance with generallyaccepted auditing standards has been performed and reported.
As added by P.L.85-1991, SEC.3.
IC 36-1-9.5-33
Contractor's statement of equipment or materials; acceptance byCPA
Sec. 33. For the physical dispersal of equipment or subsequent useor sale of construction materials, an accountant may, for purposes ofsection 32 of this chapter, accept a signed statement of the contractoras evidence of possession of equipment or of materials inventory asof the date of the statement.
As added by P.L.85-1991, SEC.3. Amended by P.L.1-1992, SEC.181.
IC 36-1-9.5-34
Financial statement; common dated statements fromprequalification applicants controlled by same owners or officers;unaudited statements more than six months old
Sec. 34. (a) A financial statement required under this chapter mustdo the following:
(1) Include full and complete information for all major items ofequipment, including the age, date of purchase, cost whenpurchased, and the date of any rebuilding of equipment.
(2) List all major items of useful equipment.
(b) Organizations controlled by the same owners or officers whoapply for prequalification under this chapter must use statementswith a common date.
(c) An entity may not accept an unaudited statement that is morethan six (6) months old.
As added by P.L.85-1991, SEC.3.
IC 36-1-9.5-35
Grant of qualification $200,000 or less on statement certified bycompany officer
Sec. 35. A qualification for not greater than two hundred thousanddollars ($200,000) may be granted if the statement furnished iscertified as correct by an officer of the company.
As added by P.L.85-1991, SEC.3.
IC 36-1-9.5-36
Initial statement submitted by corporation; requirements; foreigncorporations
Sec. 36. (a) The initial statement submitted by a corporation mustbe accompanied by a certified copy of the following:
(1) The minutes covering the election of current officers.
(2) The current authority for individuals' personal signatures tocontracts of the corporation, which may be:
(A) a part of the corporation's original articles ofincorporation; or
(B) a subsequent official action of the stockholders or theboard of directors of the corporation.
(b) If personnel or authority for individuals' personal signaturesare changed in any manner, the contractor shall immediately notifythe prequalification administrator and furnish the prequalificationadministrator with certified copies of appropriate documents.
(c) The initial statement of a foreign corporation must beaccompanied by:
(1) valid evidence that the corporation is registered and in goodstanding with the secretary of state to do business in Indiana; or
(2) a letter stating that, if the corporation becomes thesuccessful bidder on a contract, authorization will be secured bythe corporation not later than fifteen (15) days after the bidopening.
As added by P.L.85-1991, SEC.3.
IC 36-1-9.5-37
Classification of contractors for work; rating criteria; limitationson uncompleted work
Sec. 37. (a) A contractor may be classified for one (1) or moretypes of work. A contractor will be rated in accordance with thecontractor's financial ability, adequacy of plant and equipment,organization, prior experience, record of construction and any otherrelevant and material facts that may affect the classification.
(b) An entity shall assign a contractor a classification that willlimit the type and quantity of uncompleted work the contractor mayhave under a contract with the entity at any time as principal orsubcontractor, regardless of the location of the work or with whomthe work is contracted.
(c) The entity shall assign a contractor an aggregate amount thatwill be the largest dollar amount of uncompleted work the contractoror subcontractor will have under contract at any time as principal orsubcontractor, regardless of the location of the work and with whomthe work is contracted.
As added by P.L.85-1991, SEC.3.
IC 36-1-9.5-38
Maximum aggregate rating; components; net current assets
Sec. 38. (a) A contractor's maximum aggregate rating asdetermined from the statement will be the sum of the following
rating components:
(1) Net current assets multiplied by ten (10).
(2) The lesser of:
(A) the net book value of construction equipment assetsmultiplied by eight (8); or
(B) one-half (1/2) of the amount determined undersubdivision (1).
(3) The lesser of:
(A) net fixed and other assets multiplied by two (2); or
(B) the sum of the amounts determined under subdivisions(1) and (2) multiplied by twenty-five hundredths (0.25).
(b) An entity shall determine accepted net current assets from thestatement submitted. Accepted net current assets may include onlythose net current assets that are readily convertible into workingcapital.
As added by P.L.85-1991, SEC.3.
IC 36-1-9.5-39
Accepted net current assets; determination
Sec. 39. An entity shall do the following in determining acceptednet current assets:
(1) Deduct receivables excluding retainage fromnongovernmental agencies more than one (1) year old.
(2) Consider notes due not later than one (1) year from the dateof the financial statement date to be current liabilities.
(3) Deduct any notes due more than twelve (12) and less thantwenty-four (24) months from the date of the financialstatement from net fixed assets, and deduct the excess, if any,from the book value of the equipment and net current assets.
(4) Not deduct notes due more than twenty-four (24) monthsafter the date of the financial statement for prequalificationpurposes.
As added by P.L.85-1991, SEC.3.
IC 36-1-9.5-40
Loan guarantees and commitments of applicant; effect upon netcurrent assets
Sec. 40. If an applicant has guaranteed loans of any person or anyentity, has used assets as security for the guaranteed loans, or hasmade other guarantees or commitments of activities of any person orany entity, an entity may reduce or adjust the applicant's net currentassets if the entity determines that the guaranteed loans otherguarantees or commitments are significant when considered with theapplicant's statement of financial condition.
As added by P.L.85-1991, SEC.3.
IC 36-1-9.5-41
Factors not considered in determining net current assets
Sec. 41. In determining net current assets, an entity may notconsider the following: (1) Notes and accounts receivable from affiliated business firmsas assets of the applicant unless an audited financial statementshowing the debtor has sufficient liquidity to discharge the debtis attached. However, an unaudited statement certified ascorrect by the debtor shall be accepted if an unaudited statementis submitted for qualification.
(2) Notes and accounts receivable from partners of aco-partnership or officers and stockholders of a corporationunless an audited financial statement is attached.
As added by P.L.85-1991, SEC.3.
IC 36-1-9.5-42
Valuation of stocks and bonds; useful equipment
Sec. 42. An applicant must list the book value and the marketvalue for stocks and bonds. An entity may not consider stocks andbonds as working capital unless market value, as determined orverified by the accountant, is given. Stocks and bonds shall be valuedat the lesser of the book value or market. However, stocks or bondslisted on the New York Stock Exchange, American Stock Exchange,or over-the-counter on the National Association of Securities DealersAutomated Quotations list shall be valued at the market value. Thevalue of useful equipment may be:
(1) the book value listed; or
(2) determined by the application of uniform depreciationschedules.
As added by P.L.85-1991, SEC.3.
IC 36-1-9.5-43
Equipment rating credit; aggregate and respective classifiedratings; tentative factors
Sec. 43. (a) An entity may not provide a rating credit forequipment:
(1) that cannot satisfactorily be identified as to kind, type, andcapacity; or
(2) for which the essential information concerning theequipment's cost and age is not supplied.
(b) An entity shall provide a contractor with a tentative factor ofone hundred percent (100%) in the contractor's aggregate andrespective classified ratings. Each of these tentative factors may bereduced wholly or in part for the contractor's deficiencies in thefollowing areas:
(1) The contractor's organization and personnel.
(2) The contractor's work experience and prosecution of workon previous contracts.
(3) The contractor's quality of workmanship on contracts.
(4) The condition and adequacy of the contractor's equipment.
(5) The contractor's experience with the general public andequal employment opportunity requirements.
As added by P.L.85-1991, SEC.3.
IC 36-1-9.5-44
Unlimited qualification; factors prohibiting qualification for workover $200,000
Sec. 44. (a) An entity may grant an unlimited qualification if acontractor's maximum aggregate rating exceeds one hundred milliondollars ($100,000,000).
(b) An entity may not rate a contractor qualified for work inexcess of two hundred thousand dollars ($200,000) if the contractor:
(1) has not performed work of any character under the firmname; and
(2) does not have personnel of approved experience.
As added by P.L.85-1991, SEC.3.
IC 36-1-9.5-45
Change in qualification; notice
Sec. 45. (a) A prequalification administrator may recommend toan entity any change in the qualification issued to the contractorbased upon the receipt of additional information. An entity shallprovide a contractor with notification of a change in qualification.The notification must be in writing and become effective on a datedetermined by the entity.
(b) A request from a contractor for a change in the contractor'squalification status must be in writing and must be received by theentity not less than fifteen (15) days before the bid opening date. Arequest from a contractor for a change in the contractor'squalification status will not be considered until after the expirationof ninety (90) days after the certificate date.
As added by P.L.85-1991, SEC.3.
IC 36-1-9.5-46
Suspension of certificate; grounds; notice
Sec. 46. (a) A prequalification administrator may recommend toan entity that a contractor's certificate of qualification be suspendedif:
(1) the contractor's work is unsatisfactory;
(2) the rate of progress is such that the prequalificationadministrator determines that the contractor will be unable tocomplete the contract on time; or
(3) the contractor has failed to adequately document a currentor previous contract.
(b) Notification of a suspension shall be made in writing and shallbecome effective on the date determined by the entity. A suspensionmay be lifted when the entity determines that the contractor has takenthe necessary corrective action.
As added by P.L.85-1991, SEC.3. Amended by P.L.1-1992, SEC.182.
IC 36-1-9.5-47
Withdrawal of certificate; notice
Sec. 47. An entity may withdraw a certificate of qualification onlyif the entity has determined that the firm, limited liability company,
or corporation is no longer active or in existence. The entity shallprovide notification of the withdrawal in writing. The notification ofwithdrawal becomes effective on the date determined by the entity.
As added by P.L.85-1991, SEC.3. Amended by P.L.8-1993, SEC.516.
IC 36-1-9.5-48
Revocation of certificate; grounds; notice; disqualification period
Sec. 48. (a) An entity may revoke a certificate of qualificationonly if the entity determines that the contractor or subcontractor hasdone at least one (1) of the following:
(1) Fails to timely pay or satisfactorily settle any bills due forlabor and material on former or existing contracts.
(2) Violates:
(A) a state or federal statute; or
(B) a rule or regulation of a state or federal department,board, bureau, agency, or commission.
(3) Defaults on a contract.
(4) Fails to enter into a contract with the entity.
(5) Falsifies any document required by the entity, the stateboard of accounts, or any other agency.
(6) Is convicted of a bidding crime in any jurisdiction.
(7) Enters a plea of guilty or nolo contendere to a bidding crimein any state.
(8) Does any of the following:
(A) Makes a public admission concerning a bidding crime inany state.
(B) Makes a presentation as an unindicted co-conspirator ina bidding crime in any state.
(C) Gives testimony that is protected by a grant of immunityin a trial for a bidding crime in any jurisdiction.
(9) Fails to perform any part of an existing or previous contract.
(10) Fails to submit in a timely manner information,documented explanations, or evidence required in the contractdocuments or proposal.
(11) Has been debarred by a federal agency.
(12) Failed to comply with any proposal requirementsestablished by the entity concerning disadvantaged businessenterprise goals or women business enterprise goals.
(b) An entity shall provide notification of a pending action forrevocation in writing, setting forth the grounds for the proposedcertificate revocation. The revocation becomes effective on the datedetermined by the entity.
(c) A period of disqualification under this chapter may not exceedtwo (2) years.
As added by P.L.85-1991, SEC.3.
IC 36-1-9.5-49
Reconsideration request by aggrieved contractor
Sec. 49. A contractor dissatisfied with a decision by an entityunder this chapter may make a written request for reconsideration to
the prequalification administrator.
As added by P.L.85-1991, SEC.3.
IC 36-1-9.5-50
Justification for reconsideration; personal interview;recommendation to entity; notice of entity decision
Sec. 50. (a) A request under section 49 of this chapter mustinclude written justification concerning the contractor's qualification.In addition, the contractor may request a personal interview. Theprequalification administrator shall consider the written request bycertified or registered mail or personal service not later than fifteen(15) days after receiving the written request. The prequalificationadministrator may request additional information, documentation, ora personal interview with the contractor.
(b) The prequalification administrator shall make arecommendation to the entity.
(c) The entity shall notify the contractor in writing of the entity'sdecision. The decision becomes effective on the date determined bythe entity.
As added by P.L.85-1991, SEC.3.
IC 36-1-9.5-51
Appeal hearing request; notice of time and place; burden of proof
Sec. 51. (a) If a contractor is dissatisfied with the decision undersection 50 of this chapter, the contractor may make a written requestby certified or registered mail or personal service within fifteen (15)days after receiving the decision for an appeal hearing.
(b) A contractor shall send a request under this section to theprequalification administrator. After receiving the request, the entityshall serve written notice of the date, place, and time of the hearingand written notice of the appointment of an administrative law judgeon the contractor.
(c) A hearing shall be held not later than fourteen (14) days afterthe receipt of the request, unless otherwise ordered by anadministrative law judge.
(d) At the hearing, the contractor bears the burden of proof.
As added by P.L.85-1991, SEC.3.
IC 36-1-9.5-52
Failure to follow appeals procedure; waiver
Sec. 52. If a contractor fails to follow the appeals procedures ofthis chapter within the specified time, the contractor accepts thedecision of the entity as final and waives any right to furtheradministrative appeal.
As added by P.L.85-1991, SEC.3.
IC 36-1-9.5-53
Application of prequalification requirements; subcontractors'qualification
Sec. 53. (a) The prequalification requirements of this section do
not apply to the following:
(1) Professional services.
(2) Hauling materials or supplies to or from a job site.
(3) Concession contracts.
(b) If an entity determines that qualification is required under thischapter for a particular contract, it is unlawful for a successful bidderon the contract to enter into a subcontract with any other personinvolving the performance of any part of any work upon which thebidder may be engaged for the entity in an amount greater than onehundred thousand dollars ($100,000) unless the subcontractor hasbeen properly qualified under the terms of this chapter for the worksublet to the subcontractor. However, the entity may reduce thisamount based on the subcontractor's performance with the entity andothers.
As added by P.L.85-1991, SEC.3.
IC 36-1-9.5-54
Revenue department access to names of contractors andsubcontractors; tax delinquents; award of contracts; deduction ofdelinquent taxes from payment
Sec. 54. (a) An entity may allow the department of state revenueaccess to the name of each person who is either:
(1) bidding on a contract to be awarded under this chapter; or
(2) a contractor or a subcontractor under this chapter.
(b) If an entity is notified by the department of state revenue thata bidder is on the most recent tax warrant list, the entity may notaward a contract to that bidder until:
(1) the bidder provides to the entity a statement from thedepartment of state revenue that the bidder's delinquent taxliability has been satisfied; or
(2) the entity receives a notice from the commissioner of thedepartment of state revenue under IC 6-8.1-8-2(k).
(c) The department of state revenue may notify:
(1) the entity; and
(2) the auditor of state;
that a contractor or subcontractor under this chapter is on the mostrecent tax warrant list, including the amount that the person owes indelinquent taxes. The auditor of state shall deduct from thecontractor's or subcontractor's payment the amount owed indelinquent taxes. The auditor of state shall remit this amount to thedepartment of state revenue and pay the remaining balance to thecontractor or subcontractor.
As added by P.L.85-1991, SEC.3.
IC 36-1-9.5-55
Violations; penalties
Sec. 55. (a) An applicant for qualification who knowingly makesa false statement with respect to the applicant's financial worth in anapplication for qualification, financial statement, or other writteninstrument filed by the applicant with the entity under this chapter
commits a Class C infraction.
(b) A person who violates this section is disqualified fromsubmitting bids on contracts advertised for letting by the entity fortwo (2) years following the date of judgment.
As added by P.L.85-1991, SEC.3. Amended by P.L.1-1992, SEC.183.