CHAPTER 5. BIDDING REQUIREMENTS
IC 4-13.6-5
Chapter 5. Bidding Requirements
IC 4-13.6-5-1
Method of awarding contracts; approval of contract documents
Sec. 1. (a) Public works contracts must be awarded under section2 of this chapter unless another method is authorized under thischapter.
(b) A duly licensed architect or engineer must approve thecontract documents for a public works project.
As added by P.L.24-1985, SEC.7.
IC 4-13.6-5-2
Dollar thresholds for bidding; bidding procedure; records
Sec. 2. (a) Except as provided by this chapter and IC 16-33-4-10,if the estimated cost of a public works project is at least seventy-fivethousand dollars ($75,000), the division shall award a contract forthe project based on competitive bids.
(b) If the estimated cost of a public works project is at leastseventy-five thousand dollars ($75,000), the division shall developcontract documents for a public works contract and keep the contractdocuments on file in its offices so that they may be inspected bycontractors and members of the public.
(c) The division shall advertise for bids under section 8 of thischapter. The director shall award a contract under IC 4-13.6-6.
(d) A contractor shall submit under oath a financial statement asa part of the bid. The director may waive filing of the financialstatement.
(e) After bids are opened but before a contract is awarded, thedirector may require a contractor to submit a statement of thecontractor's experience, a proposed plan of performing the work, anda listing of the equipment that is available to the contractor forperformance of the work.
(f) The statements required by this section shall be submitted onforms approved by the state board of accounts. The forms shall bebased, so far as applicable, on standard questionnaires and financialstatements for contractors used in investigating the qualifications ofcontractors on public construction work.
(g) The division shall reject the bid of a contractor if:
(1) the estimated cost of the public works project is onehundred fifty thousand dollars ($150,000) or more and thecontractor is not qualified under chapter 4 of this article;
(2) the estimated cost of the public works project is less thanone hundred fifty thousand dollars ($150,000) and the directormakes a written determination, based upon informationprovided under subsections (d) and (e), that the contractor is notqualified to perform the public works contract;
(3) the contractor has failed to perform a previous contract withthe state satisfactorily and has submitted the bid during a periodof suspension imposed by the director (the failure of the
contractor to perform a contract satisfactorily must be basedupon a written determination by the director);
(4) the contractor has not complied with a rule adopted underthis article and the rule specifies that failure to comply with itis a ground for rejection of a bid; or
(5) the contractor has not complied with any requirement undersection 2.5 of this chapter.
(h) The division shall keep a record of all bids. The state board ofaccounts shall approve the form of this record, and the record mustinclude at least the following information:
(1) The name of each contractor.
(2) The amount bid by each contractor.
(3) The name of the contractor making the lowest bid.
(4) The name of the contractor to whom the contract wasawarded.
(5) The reason the contract was awarded to a contractor otherthan the lowest bidder, if applicable.
(6) Purchase order numbers.
As added by P.L.24-1985, SEC.7. Amended by P.L.14-1986, SEC.8;P.L.26-1989, SEC.10; P.L.336-1989(ss), SEC.9; P.L.2-1992,SEC.34; P.L.2-1993, SEC.35; P.L.12-2002, SEC.3.
IC 4-13.6-5-2.5
Application of section; sealed bid or quotation submitted by trust
Sec. 2.5. (a) This section applies whenever a contract is awardedby competitive sealed bidding or acceptance of quotations.
(b) A bid or quotation submitted by a trust (as defined inIC 30-4-1-1(a)) must identify each:
(1) beneficiary of the trust; and
(2) settlor empowered to revoke or modify the trust.
As added by P.L.336-1989(ss), SEC.10.
IC 4-13.6-5-3
Projects costing less than $75,000; quotations from contractors;awards
Sec. 3. (a) If the estimated cost of a public works project is lessthan seventy-five thousand dollars ($75,000), the division may awarda public works contract either under section 2 of this chapter orunder this section, at the discretion of the director.
(b) If the director awards a contract under this section, thedivision shall invite quotations from at least three (3) contractorsknown to the division to deal in the work required to be done.However, if fewer than three (3) contractors are known to thedivision to be qualified to perform the work, the division shall invitequotations from as many contractors as are known to be qualified toperform the work. Failure to receive three (3) quotations shall notprevent an award from being made.
(c) The division may authorize the governmental body for whichthe public work is to be performed to invite quotations, but award ofa contract based upon those quotations is the responsibility of the
division.
(d) Quotations given by a contractor under this section must be inwriting and sealed in an envelope, shall be considered firm, and maybe the basis upon which the division awards a public works contract.
(e) The division shall award a contract to the lowest responsibleand responsive contractor and in accordance with any requirementimposed under section 2.5 of this chapter.
As added by P.L.24-1985, SEC.7. Amended by P.L.26-1989, SEC.11;P.L.336-1989(ss), SEC.11; P.L.12-2002, SEC.4.
IC 4-13.6-5-4
Performance of public works by division or certain statedepartments
Sec. 4. (a) If the estimated cost of a public works project is lessthan seventy-five thousand dollars ($75,000), the division mayperform the public work without awarding a public works contractunder section 2 of this chapter. In performing the public work, thedivision may authorize use of equipment owned, rented, or leased bythe state, may authorize purchase of materials in the manner providedby law, and may authorize performance of the public work usingemployees of the state.
(b) If a public works project involves a structure, improvement,or facility under the control of the department of natural resources,the department of natural resources may purchase materials for theproject in the manner provided by law and without a contract beingawarded, and may use its employees to perform the labor andsupervision, if:
(1) the department of natural resources uses equipment ownedor leased by it; and
(2) the division of engineering of the department of naturalresources estimates the cost of the public works project will beless than seventy-five thousand dollars ($75,000).
(c) If a public works project involves a structure, improvement, orfacility under the control of the department of correction, thedepartment of correction may purchase materials for the project inthe manner provided by law and use inmates in the custody of thedepartment of correction to perform the labor and use its ownemployees for supervisory purposes, without awarding a contract, if:
(1) the department of correction uses equipment owned orleased by it; and
(2) the estimated cost of the public works project usingemployee or inmate labor is less than the greater of:
(A) fifty thousand dollars ($50,000); or
(B) the project cost limitation set by IC 4-13-2-11.1.
All public works projects covered by this subsection must complywith the remaining provisions of this article, and all plans andspecifications for the public works project must be approved by alicensed architect or engineer.
As added by P.L.24-1985, SEC.7. Amended by P.L.12-2002, SEC.5;P.L.34-2005, SEC.1.
IC 4-13.6-5-5
Emergency conditions; quotations from contractors; awards
Sec. 5. (a) When the commissioner makes a written determinationthat an emergency condition exists due to fire, flood, windstorm,casualty, or other condition (including mechanical failure of any partof a building or structure), and the emergency condition endangersthe health, safety, or welfare of the public or necessary governmentaloperations, the division may act to repair any damage caused by theemergency condition without awarding a public works contract undersection 2 of this chapter.
(b) In the case of an emergency described in subsection (a), thedivision shall invite quotations from at least three (3) contractorsknown to the division to deal in the work required to be done if thedivision can do so without jeopardizing successful repair. However,if fewer than three (3) contractors are known to the division to bequalified to perform the work, the division shall invite quotationsfrom as many contractors as are known to be qualified to perform thework. Failure to receive three (3) quotations shall not prevent anaward from being made.
(c) The division shall keep a copy of the commissioner'sdetermination and the names of the contractors from whomquotations were invited in the division's files.
(d) The division shall award a contract to the lowest responsibleand responsive contractor. However, the division may award acontract to a contractor not qualified under IC 4-13.6-4, if necessaryto remedy the emergency condition.
As added by P.L.24-1985, SEC.7.
IC 4-13.6-5-6
Maintenance services contracts
Sec. 6. The division may award a contract for maintenanceservices for a system that is part of a public building, improvement,or other structure without inviting bids under section 2 of thischapter. The division may award a contract for those services to themanufacturer of the system or to a person recommended by themanufacturer of the system. A contract may be awarded under thissection only upon a written determination by the commissioner that:
(1) the manufacturer of the system, or the person recommendedby the manufacturer, has knowledge of the system unlikely tobe shared by other persons potentially able to bid to provide themaintenance services; and
(2) the savings to the state that might be obtained by invitingbids for the maintenance services do not outweigh the benefitsthat the state would gain by awarding a contract to themanufacturer of the system or to a person recommended by themanufacturer of the system.
As added by P.L.24-1985, SEC.7.
IC 4-13.6-5-7
Land acquisition; professional services Sec. 7. (a) Competitive bids are not required for the acquisition ofland or for professional services relating to public works projects. Inawarding contracts for professional services relating to public worksprojects, the director shall submit a recommendation to thecommissioner, who shall award a contract.
(b) In making a recommendation to the commissioner, the directorshall consider only the competence and the qualifications of thepersons offering to perform the professional services in relation tothe type of services to be performed. The department shall negotiatecompensation for performance of the professional services that thecommissioner determines is reasonable.
As added by P.L.24-1985, SEC.7.
IC 4-13.6-5-8
Solicitation of sealed bids; public notice
Sec. 8. (a) This section applies only to public works contracts bidunder section 2 of this chapter.
(b) The division shall solicit sealed bids by public notice insertedonce each week for two (2) successive weeks before the final date ofsubmitting bids in:
(1) one (1) newspaper of general circulation in Marion County,Indiana; and
(2) if any part of the project is located in an area outside MarionCounty, Indiana, one (1) newspaper of general circulation inthat area.
The commissioner shall designate the newspapers for thesepublications. The commissioner may designate different newspapersaccording to the nature of the project and may direct that additionalnotices be published.
(c) The division shall also solicit sealed bids for public worksprojects by:
(1) sending notices by mail to prospective contractors known tothe division;
(2) posting notices on a public bulletin board in its office; and
(3) providing electronic access to notices through the computergateway administered by the office of technology established byIC 4-13.1-2-1;
at least seven (7) days before the final date for submitting bids forthe public works project.
As added by P.L.24-1985, SEC.7. Amended by P.L.26-1989, SEC.12;P.L.251-1999, SEC.2; P.L.177-2005, SEC.10.
IC 4-13.6-5-9
Copies of bids or quotations; files; public records
Sec. 9. (a) In order to preserve the integrity of bids or quotations,the division shall make a copy of each bid or quotation as soon aspossible after the bids or quotations are opened and before they maybe inspected and copied by the public under IC 5-14-3. In makingthese copies, the division is required to copy only those portions ofthe bids or quotations which, if altered, would affect the integrity of
the bid or quotation. The division may make these copies by meansof microfilm or by any other means that the commissioner mayspecify.
(b) The division shall keep in a file all original bids or quotationsand all documents pertaining to the award of a public works contractor a professional services contract.
(c) The copies required by subsection (a) and the files required bysubsection (b) are public records under IC 5-14-3. The division shallretain these copies and files according to retention schedulesestablished for these records under IC 5-15-5.1.
(d) This section is subject to IC 4-13.6-2-9.
As added by P.L.24-1985, SEC.7. Amended by P.L.18-1991, SEC.15.
IC 4-13.6-5-10
Commencement of warranty period
Sec. 10. Each public works contract must require that all warrantyperiods applying to work performed under the contract commence nolater than the date that work under the contract is substantiallycompleted.
As added by P.L.24-1985, SEC.7.
IC 4-13.6-5-10.5
Plumbing installations; proof of licensure
Sec. 10.5. A person who submits a bid for a public works contractunder this chapter that involves the installation of plumbing mustsubmit evidence that the person is a licensed plumbing contractorunder IC 25-28.5-1.
As added by P.L.20-1991, SEC.1.
IC 4-13.6-5-11
Void contracts
Sec. 11. All public works contracts not let in conformity with thischapter are void.
As added by P.L.24-1985, SEC.7.
IC 4-13.6-5-12
Trench safety systems; cost recovery
Sec. 12. (a) This section applies to a public works project thatmay require creation of a trench of at least five (5) feet in depth.
(b) IOSHA regulations 29 C.F.R. 1926, Subpart P, for trenchsafety systems shall be incorporated into the contract documents fora public works project.
(c) The contract documents for a public works project shallprovide that the cost for trench safety systems shall be paid for:
(1) as a separate pay item; or
(2) in the pay item of the principal work with which the safetysystems are associated.
As added by P.L.26-1989, SEC.14.