CHAPTER 1. PUBLIC WORKS BY STATE AGENCIES
IC 5-16
ARTICLE 16. PUBLIC WORKS
IC 5-16-1
Chapter 1. Public Works by State Agencies
IC 5-16-1-1
Repealed
(Repealed by Acts 1981, P.L.57, SEC.45.)
IC 5-16-1-1.1
Application of chapter
Sec. 1.1. (a) For purposes of this section, the term "person"includes a sole proprietorship, partnership, association, corporation,limited liability company, fiduciary, or individual.
(b) This chapter applies to the construction, alteration, or repairof a public building or other public work or improvement owned bythe state. In addition, the provisions of this chapter concerning theadoption of plans and specifications and the awarding of contractsalso apply to work or improvements to be performed on real propertythat is being or that will be leased by the state from another personif:
(1) the estimated cost of the work or improvement istwenty-five thousand dollars ($25,000) or more; and
(2) the lease gives the state an option to buy the real property.
As added by Acts 1979, P.L.42, SEC.1. Amended by Acts 1981,P.L.57, SEC.1; P.L.33-1983, SEC.14; P.L.52-1986, SEC.1;P.L.8-1993, SEC.58.
IC 5-16-1-1.2
Adoption of plans and specifications; awarding of contract
Sec. 1.2. (a) When a public building or other public work orimprovement of any character is to be constructed, erected, altered,or repaired at the expense of the state or a commission created by law(excepting the Indiana department of transportation), and when theestimated costs of the work or improvement is greater thantwenty-five thousand dollars ($25,000) the board, commission,trustee, officer, or agent acting on behalf of the state or commissioncreated by law (excepting the Indiana department of transportation),shall adopt plans and specifications and shall award a contract for thepublic work or improvement to the lowest and best bidder whosubmits a bid for the performance of the work.
(b) Notwithstanding subsection (a), whenever the cost of anypublic work is estimated to be less than twenty-five thousand dollars($25,000), the officer or agent acting on behalf of the state orcommission having authority to employ workmen and own, rent, orlease equipment may purchase materials in the manner provided bylaw and perform the work by means of its own workmen and ownedor leased equipment without awarding a construction contract for thework.As added by Acts 1981, P.L.57, SEC.2. Amended by P.L.28-1983,SEC.53; P.L.52-1986, SEC.2; P.L.18-1990, SEC.11.
IC 5-16-1-1.3
Construction or alteration of certain public buildings
Sec. 1.3. Construction or alteration of any public building, theestimated cost of which is more than twenty-five thousand dollars($25,000), may not be undertaken by any officer or agenthereinbefore mentioned or referred to except pursuant to and incompliance with plans and specifications therefor approved by a dulylicensed architect or engineer.
As added by Acts 1981, P.L.57, SEC.3.
IC 5-16-1-1.4
Securing bids or causing work to be done; placement of plans onfile
Sec. 1.4. For the purpose of securing bids or for the purpose ofcausing the work to be done in the desired manner, the state orcommission created by law (excepting the Indiana department oftransportation) shall prepare, and place on file in its office, plans andspecifications of the building or improvements sought to beconstructed, erected, altered, or repaired whenever the estimated costof the work is greater than twenty-five thousand dollars ($25,000).
As added by Acts 1981, P.L.57, SEC.4. Amended by P.L.52-1986,SEC.3; P.L.18-1990, SEC.12.
IC 5-16-1-1.5
State educational institutions; performance of certain work by itsown employees
Sec. 1.5. The governing board of any state educational institution,acting on behalf of said institution, may purchase materials in themanner provided by law and perform any work by means of its ownemployees and owned or leased equipment in the construction,rehabilitation, extension, maintenance or repair of any building,structure, improvement or facility of said institutions, withoutawarding a contract therefor, whenever the cost of such work shallbe estimated to be less than fifty thousand dollars ($50,000).
As added by Acts 1981, P.L.57, SEC.5.
IC 5-16-1-1.6
Declaration of emergency reconstruction or repair of building orstructure; bids by invitation
Sec. 1.6. In the case of fire, flood, windstorm, casualty or otherextraordinary emergency, including mechanical failure of any part ofa building or structure, and where the health, safety or welfare of thepublic or the necessary governmental operations are endangered bysuch loss or damage, the responsible board or commission may, upona declaration of emergency recorded in its minutes, proceed toreconstruct or repair the building or structure without advertising forbids. However, in such an emergency, bids shall be invited from at
least three (3) or more persons, firms, limited liability companies, orcorporations known to deal in the work required to be done, and theminutes of the board or commission shall show the names of thosepersons, firms, limited liability companies, or corporations invited tobid.
As added by Acts 1981, P.L.57, SEC.6. Amended by P.L.8-1993,SEC.59.
IC 5-16-1-1.7
Purdue University; agricultural or forestry land; declaration ofemergency; bids by invitation
Sec. 1.7. On agricultural or forestry land owned or occupied byPurdue University and used by it for educational or researchpurposes, the trustees of the university may, upon a declaration ofnecessity recorded in its minutes, award contracts withoutadvertising for bids or otherwise satisfying the requirements of thischapter, if the cost of work is estimated to be less than fifty thousanddollars ($50,000). However, bids shall be invited from at least three(3) or more persons, firms, limited liability companies, orcorporations known to deal in the work required to be done. Theminutes of the board shall show the names of those invited to bid.
As added by Acts 1981, P.L.57, SEC.7. Amended by P.L.8-1993,SEC.60.
IC 5-16-1-1.8
Repealed
(Repealed by P.L.24-1985, SEC.25(b).)
IC 5-16-1-1.9
Educational institutions; building construction or repair contracts
Sec. 1.9. Notwithstanding this article, a state educationalinstitution may award a contract for any construction or repair workto any building, structure, or improvement of the institution withoutadvertising for bids and meeting other contract awardingrequirements of this article whenever the estimated cost of theproject is less than fifty thousand dollars ($50,000). However, inawarding any contract under this section the state educationalinstitution must do the following:
(1) Invite bids from at least three (3) persons, firms, limitedliability companies, or corporations known to deal in the workrequired to be done.
(2) Give notice of the project if the estimated cost of the projectis more than twenty-five thousand dollars ($25,000). If required,notice must include a description of the work to be done and begiven in at least one (1) newspaper of general circulationprinted and published in the county in which the work is to bedone.
(3) Award the contract to the lowest and best bidder.
As added by Acts 1981, P.L.58, SEC.1. Amended by P.L.52-1986,SEC.4; P.L.70-1989, SEC.1; P.L.8-1993, SEC.61; P.L.2-2007,
SEC.103.
IC 5-16-1-2
Bidders; submission of statement of experience, proposed plan,financial status, and trust relationship; forms
Sec. 2. (a) Each bidder shall be required to submit under oath withand as a part of the bidder's bid a statement of:
(1) the bidder's experience;
(2) the bidder's proposed plan for performing such work;
(3) the equipment available for the performance of such work;
(4) the bidder's financial status; and
(5) if a trust (as defined in IC 30-4-1-1(a)), the name of each:
(A) beneficiary of the trust; and
(B) settlor empowered to revoke or modify the trust.
(b) The statements required by this section shall be submitted onforms which shall be prescribed by the state board of accounts. Theforms prescribed shall:
(1) be designated, respectively, as the experience questionnaire,the plan and equipment questionnaire, and the contractor'sfinancial statement; and
(2) be based, so far as applicable, on the standard questionnairesand financial statements for bidders as approved andrecommended by the joint conference on construction practices,for use in investigating the qualifications of bidders on publicconstruction work.
The forms shall be used by all such boards, commissions, trustees,officers, and agents in obtaining the information required in theadministration of this chapter.
(c) If the information submitted by any bidder on the formsprescribed in this section is found, on examination, to beunsatisfactory, the bid submitted by such bidder shall not beconsidered.
(Formerly: Acts 1947, c.306, s.2; Acts 1965, c.251, s.1; Acts 1967,c.152, s.1.) As amended by P.L.33-1983, SEC.15; P.L.336-1989(ss),SEC.15.
IC 5-16-1-3
Filing of plans and specifications; notice; publication; minimumbid invitations
Sec. 3. (a) Upon the filing of the plans, specifications, anddrawings, as provided in section 1.4 of this chapter, the officer oragent shall twice publish a notice indicating that drawings, plans, andspecifications are on file at the office and calling for sealed proposalsfor the work by a day fixed in the publication. The time lapsebetween the date of publication and the date of receiving bids isgoverned by the size of the contemplated project and is in thediscretion of the board, commission, trustee, officer, or agentpublishing the notice. In no event shall the lapsed time be more thansix (6) weeks.
(b) Notwithstanding subsection (a), if a public building or other
public work or improvement under this chapter is estimated to costless than twenty-five thousand dollars ($25,000) and a contract is tobe awarded for the work, the awarding officer, commission, or agentmay:
(1) publish notice in the manner provided in subsection (a); or
(2) invite bids from not less than three (3) persons, firms,limited liability companies, or corporations, known to deal inthe work proposed to be done, by mailing a notice for the worknot less than three (3) days before the time fixed for receivingbids indicating that plans and specifications are on file in acertain office.
(Formerly: Acts 1947, c.306, s.3; Acts 1949, c.136, s.2.) As amendedby P.L.52-1986, SEC.5; P.L.8-1993, SEC.62.
IC 5-16-1-4
Repealed
(Repealed by P.L.33-1983, SEC.17.)
IC 5-16-1-5
Repealed
(Repealed by P.L.1-1990, SEC.62.)
IC 5-16-1-6
Trench safety systems; cost recovery
Sec. 6. (a) This section applies to a public building or other publicwork or improvement that may require creation of a trench of at leastfive (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.1-1990, SEC.63.
IC 5-16-1-7
Minority business enterprises; award of contracts
Sec. 7. A board, a commission, a trustee, an officer, or agent mustestablish as a goal that five percent (5%) of the contracts awarded belet to minority business enterprises (as defined in IC 4-13-16.5-1).
As added by P.L.1-1990, SEC.64.
IC 5-16-1-8
Plumbing installations; proof of licensure
Sec. 8. (a) 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. (b) If a public works contract under this chapter is awarded to aperson who does not meet the requirements of subsection (a), thecontract is void.
As added by P.L.20-1991, SEC.2.