CHAPTER 4. QUALIFICATION FOR STATE PUBLIC WORKS PROJECTS
IC 4-13.6-4
Chapter 4. Qualification for State Public Works Projects
IC 4-13.6-4-1
Application of chapter
Sec. 1. This chapter governs the qualification and classificationof contractors and of persons desiring to perform professionalservices relating to a public works project.
As added by P.L.24-1985, SEC.7.
IC 4-13.6-4-2
Applications for qualification; forms; confidentiality
Sec. 2. (a) All persons desiring to perform professional servicesrelating to a public works project must apply to the board forqualification.
(b) A contractor is not required to apply to the board forqualification before submitting a bid on a public works contractunless the estimated cost of the project is one hundred fifty thousanddollars ($150,000) or more.
(c) An applicant for qualification under this chapter shall use theforms prescribed by the board. The board shall provide separate andspecific forms for contractors and for persons desiring to performprofessional services.
(d) An applicant must verify the applicant's application.
(e) Notwithstanding IC 5-14-3-4(a)(5), a financial statementsubmitted to the board under this chapter is considered confidentialfinancial information for purposes of IC 5-14-3.
As added by P.L.24-1985, SEC.7. Amended by P.L.29-1993, SEC.4;P.L.12-2002, SEC.1.
IC 4-13.6-4-3
Examination of applications
Sec. 3. The board shall examine an application for qualificationwithin forty-five (45) days after receiving it. In making itsexamination, the board shall make any necessary investigations anddetermine whether the applicant is competent and responsible andpossesses the financial resources and experience necessary to complywith this chapter and the board's rules.
As added by P.L.24-1985, SEC.7.
IC 4-13.6-4-4
Certificates of qualification
Sec. 4. (a) If, after its examination, the board finds that anapplicant possesses the qualifications prescribed by this chapter andby its rules, the board shall issue the applicant a certificate ofqualification. A certificate of qualification issued under this chapteris valid for a period of twenty-seven (27) months from the date of itsissuance, unless revoked by the board for cause.
(b) Except for restrictions as to the amount or class of work orservices that the board may place in the certificate, the certificate of
qualification authorizes a contractor to bid on all proposed publicworks contracts and authorizes a person offering to performprofessional services to perform those services.
(c) A person that holds a certificate of qualification shall notifythe board of any material changes in information in the applicationsubmitted to the board.
(d) The board may revoke a certificate of qualification after itnotifies the holder of the certificate and provides the holder with anopportunity to be heard on the proposed revocation. The notice mustbe in writing and must state the grounds of the proposed revocation.
As added by P.L.24-1985, SEC.7. Amended by P.L.58-1999, SEC.7and P.L.172-1999, SEC.7.
IC 4-13.6-4-5
Applications for qualification; contents
Sec. 5. (a) The board shall require an application for qualificationsubmitted by a person seeking to perform professional services toinclude the following information:
(1) Name of the firm.
(2) Principal members of the firm.
(3) Registrations of the principal members of the firm.
(4) Experience of the principal members of the firm.
(5) Office or position occupied by each principal member of thefirm.
(6) Professional affiliations of each principal member of thefirm.
(7) History of the firm.
(8) Statistics on staff of the firm.
(9) Experience of the firm classified as to types of work andproviding the names of and status of work, both public andprivate.
(10) The geographical location of all offices of the firm.
(11) Financial and general references.
(12) If the person is a trust (as defined in IC 30-4-1-1(a)), thename of each:
(A) beneficiary of the trust; and
(B) settlor empowered to revoke or modify the trust.
(b) In addition to the information required by subsection (a), eachapplicant must supply a list of at least five (5) specific projects thatthe applicant has completed within the past five (5) years, togetherwith the name and address of the person with whom the applicantcontracted for the work.
(c) The board may require an applicant to submit any otherinformation that it requires to make a determination regarding theapplication.
As added by P.L.24-1985, SEC.7. Amended by P.L.336-1989(ss),SEC.8.
IC 4-13.6-4-6
Certificates of qualification; standards for issuance Sec. 6. (a) The board may issue an applicant a certificate ofqualification as a contractor only if:
(1) the applicant's stated bonding limit, as evidenced by averified statement from a bonding company licensed to dobusiness in Indiana, is one hundred fifty thousand dollars($150,000) or more; and
(2) the applicant's experience, past performance, and reputationare such that, in the judgment of the board, the contractor willsatisfactorily execute and perform contracts that may beawarded under this article.
(b) An application for qualification as a contractor must expresslyauthorize the board to obtain all information that it considerspertinent with respect to the reputation for honesty and fair dealingof the applicant and to obtain this information from suretycompanies, dealers in material, equipment, and supplies, or otherpersons having business transactions with the applicant. Theapplication must also expressly authorize all financial institutions orother persons to furnish this information, as requested by the board.
(c) The board may require a qualified contractor to provideinformation relating to its qualifications at the intervals set by theboard. However, the board may not require this information moreoften than quarterly or with the submission of a public workscontract bid.
As added by P.L.24-1985, SEC.7. Amended by P.L.22-1997, SEC.2.
IC 4-13.6-4-7
Foreign corporations; applications for qualifications
Sec. 7. If an applicant for qualification is a foreign corporation,the applicant's application must be accompanied by a certificate ofthe secretary of state that the applicant is authorized to do businessin Indiana or a statement from the secretary of state that the applicantis not required to register under relevant Indiana corporation laws.
As added by P.L.24-1985, SEC.7.
IC 4-13.6-4-8
Residency of applicants
Sec. 8. This chapter shall be administered without reference to theresidence of an applicant. This chapter and the rules of the boardadopted under section 9 of this chapter apply equally to residents andnonresidents of the state of Indiana.
As added by P.L.24-1985, SEC.7.
IC 4-13.6-4-9
Rules
Sec. 9. The board may adopt rules under IC 4-22-2 that the boardconsiders proper for the purpose of carrying out this chapter andinsuring to the state of Indiana and to the public the award of allpublic works and professional service contracts to competent andresponsible persons. These rules may cover the requirements of theboard with respect to past record, experience, equipment, personnel
of the organization, ability to perform, and other matters that theboard considers necessary to enable it to pass upon the qualificationsof applicants.
As added by P.L.24-1985, SEC.7.
IC 4-13.6-4-10
Subcontracts; breach of contract
Sec. 10. (a) A contractor having a contract with the division for apublic works project may enter into a subcontract with a value of onehundred fifty thousand dollars ($150,000) or more, involving theperformance of any part of the public work upon which thecontractor may be engaged only if the subcontractor has beenproperly qualified under the terms of this chapter for the worksubcontracted.
(b) A contractor that enters into a public works contract with anestimated cost of one hundred fifty thousand dollars ($150,000) ormore must complete at least twenty percent (20%) of the work(measured in dollars of the total contract price) with its own forces.The director may determine whether a contractor has completed atleast twenty percent (20%) of the work with its own forces, and thisdetermination is final and conclusive.
(c) The director may find a contractor violating this section to bein breach of the contract and may employ any legal remedies oradministrative remedies that the department may prescribe by rule orin the contract documents. The division may develop contractprovisions that assure compliance by contractors with this sectionand provide for remedies if a contractor breaches these provisions.
As added by P.L.24-1985, SEC.7. Amended by P.L.58-1999, SEC.8.
IC 4-13.6-4-11
Necessity of qualifications
Sec. 11. (a) The director may not recommend to the commissionerthe awarding of a contract to perform professional services to anyperson who is not qualified under this chapter.
(b) The division may not accept a bid on a public works projectwith an estimated cost of one hundred fifty thousand dollars($150,000) or more from a contractor who is not qualified under thischapter.
As added by P.L.24-1985, SEC.7. Amended by P.L.12-2002, SEC.2.
IC 4-13.6-4-12
False statements by applicant; institution of proceedings
Sec. 12. If an applicant knowingly makes a false statement in anapplication for qualification or in any other written instrument filedwith the board under this chapter or under rules adopted under thischapter, the division may institute appropriate legal proceedings andadministrative action against the applicant.
As added by P.L.24-1985, SEC.7.
IC 4-13.6-4-13
Hearings; judicial review
Sec. 13. (a) Any person whose application is denied or is notacted upon within the time specified under section 3 of this chaptermay request a hearing before the board under IC 4-21.5-3.
(b) The board shall conduct proceedings for the revocation of acertificate under IC 4-21.5-3.
(c) Judicial review of an adverse decision in any hearing heldunder this chapter shall be in accordance with IC 4-21.5-5.
As added by P.L.24-1985, SEC.7. Amended by P.L.7-1987, SEC.4;P.L.1-1999, SEC.3.
IC 4-13.6-4-14
Violations; reports of convictions; disqualification of convictedpersons
Sec. 14. (a) A person who knowingly violates section 10 orsection 12 of this chapter commits a Class C misdemeanor.
(b) The trial court shall report all convictions under this sectionto the division, and the board shall disqualify the convicted personfrom performing any public works contracts under this article for aperiod of two (2) years from the date of conviction.
As added by P.L.24-1985, SEC.7.