CHAPTER 2. GENERAL PROVISIONS
IC 4-13.6-2
Chapter 2. General Provisions
IC 4-13.6-2-1
Purposes and policies of article
Sec. 1. This article shall be construed and applied to promote itsunderlying purposes and policies, which are to:
(1) simplify, clarify, and modernize the law governing publicworks and professional service contracts;
(2) maintain public confidence in the procedures surroundingthe awarding and administration of public works andprofessional service contracts;
(3) ensure fair and equitable treatment of all persons who dealwith the public works system covered by this article;
(4) provide increased economy in public works activitiescovered by this article and maximize the purchasing value ofthe public funds of this state;
(5) foster effective broad based competition within the freeenterprise system; and
(6) provide safeguards for the maintenance of a public workssystem of quality and integrity.
As added by P.L.24-1985, SEC.7.
IC 4-13.6-2-2
Application of article
Sec. 2. (a) This article applies only to public works contractssolicited after June 30, 1985.
(b) This article applies to work or improvements to be performedon real property that is being or that will be leased by the state fromanother person if the lease gives the state an option to buy the realproperty.
(c) This article does not apply to work or improvements made toreal property that is being or will be leased by the state from anotherperson where the state has no interest in the real property afterexpiration of the lease. However, a lease between the lessor and thestate may provide that any of the provisions of this article will applyto any work or improvements to be made in the leased real property.
(d) This article applies to any public works project performed onreal property that is not owned by the state if:
(1) federal or state law or court order requires that agovernmental body perform the work on that real property; and
(2) the commissioner requires compliance with this article.
As added by P.L.24-1985, SEC.7. Amended by P.L.33-1995, SEC.8;P.L.49-1997, SEC.19.
IC 4-13.6-2-3
Application of article to public works projects; exceptions
Sec. 3. (a) This article applies to every expenditure of publicfunds, regardless of their source, including federal assistance money,by any governmental body for any public works project. (b) This article does not apply to the following:
(1) The Indiana commission for higher education.
(2) State educational institutions.
(3) Military officers and military and armory boards of the state.
(4) The state fair commission.
(5) Any entity established by the general assembly as a bodycorporate and politic having authority and power to issue bondsto be secured and repaid solely by revenues pledged for thatpurpose. However, such an entity shall comply with this articleif the law creating the entity requires it to do so.
(6) The Indiana department of transportation, except to theextent that the Indiana department of transportation uses theservices provided by the department under this article.
As added by P.L.24-1985, SEC.7. Amended by P.L.18-1990, SEC.6;P.L.20-1990, SEC.4; P.L.2-2007, SEC.41.
IC 4-13.6-2-4
Compliance by division with certain statutes
Sec. 4. The division shall comply with this article and thefollowing statutes in the administration of public works contracts:
(1) IC 5-16-3.
(2) IC 5-16-6.
(3) IC 5-16-7, if the estimated cost of the public works projectis at least twenty-five thousand dollars ($25,000).
(4) IC 5-16-8.
(5) IC 5-16-9.
As added by P.L.24-1985, SEC.7. Amended by P.L.26-1989, SEC.9.
IC 4-13.6-2-5
Certain statutes not applicable
Sec. 5. The following statutes do not apply to public works, publicworks contracts, or professional service contracts covered under thisarticle:
(1) IC 5-16-1.
(2) IC 5-16-2.
(3) IC 5-16-5.
(4) IC 5-16-5.5.
As added by P.L.24-1985, SEC.7.
IC 4-13.6-2-6
Good faith
Sec. 6. All parties involved in the negotiation, performance, oradministration of contracts covered by this article shall act in goodfaith.
As added by P.L.24-1985, SEC.7.
IC 4-13.6-2-7
Grants, gifts, bequests, or cooperative agreements
Sec. 7. Notwithstanding this article, the department shall complywith the terms and conditions of any grant, gift, bequest, or
cooperative agreement involving a governmental body ifnoncompliance with those terms and conditions would invalidate thegrant, gift, bequest, or cooperative agreement.
As added by P.L.24-1985, SEC.7.
IC 4-13.6-2-8
Retention of written determinations
Sec. 8. The division shall retain written determinations requiredby this article in the appropriate official contract file of the division.
As added by P.L.24-1985, SEC.7.
IC 4-13.6-2-9
Public records; inspection
Sec. 9. (a) As used in this section, "contract" includes a contractfor professional services.
(b) Except as provided in subsection (c) or by another law,records of the division are public records subject to public inspectionunder IC 5-14-3.
(c) An officer or employee of the state may not:
(1) convey or permit public access to any informationconcerning a bid, a quotation, or other response received to asolicitation for the award of a contract other than theinformation made available at a public opening of bids,quotations, or other responses; or
(2) permit inspection or copying under IC 5-14-3 of biddocuments, quotation documents, or documents relating to otherresponses received to a solicitation for the award of a contract;
until a contract has been awarded or the solicitation has beencanceled. However, after a public opening of bids, quotations, orother responses received to a solicitation for the award of a contract,an officer or employee may provide information that a person couldhave learned by attending the opening.
As added by P.L.24-1985, SEC.7. Amended by P.L.18-1991, SEC.14.
IC 4-13.6-2-10
Electronic bids or offers
Sec. 10. The department may receive electronic bids or offers ifboth of the following apply:
(1) The solicitation indicates the procedure for transmitting theelectronic bid or offer to the department.
(2) The department receives the bid or offer on a facsimile (fax)machine or system with a security feature that protects thecontent of an electronic bid or offer with the same degree ofprotection as the content of a bid or an offer that is nottransmitted by a fax machine.
As added by P.L.33-1995, SEC.7.
IC 4-13.6-2-11
Designation of public works project as small business set-aside;rules Sec. 11. (a) The division may designate a public works project asa small business set-aside under rules adopted by the departmentunder IC 4-22-2.
(b) The following apply to rules adopted by the departmentgoverning small business set-asides for public works projects:
(1) The rules are subject to the criteria for determining whethera business is a small business under IC 5-22-14-3.
(2) The rules must establish procedures for administering asmall business set-aside program for public works projects thatare substantially the same as the procedures described inIC 5-22-14.
As added by P.L.49-1997, SEC.20.
IC 4-13.6-2-12
Instruction to small businesses, minority business enterprises, andwomen's business enterprises
Sec. 12. The department shall offer instruction at least annuallyto:
(1) small businesses (as defined in IC 5-22-14-1);
(2) minority business enterprises (as defined in IC 4-13-16.5-1);and
(3) women's business enterprises (as defined inIC 4-13-16.5-1.3);
with regard to bonding requirements and working with the suretyindustry to secure bonding for public works projects.
As added by P.L.133-2007, SEC.1.