IC 5-16-8
    Chapter 8. Steel Procurement for Public Works

IC 5-16-8-1
Definitions
    Sec. 1. (a) The definitions in this section apply throughout thischapter.
    (b) "Foundry products" means products cast from ferrous andnonferrous metals by foundries in the United States.
    (c) "Person" means a natural person, corporation, limited liabilitycompany, partnership, or other business unit or association.
    (d) "Public agency" means:
        (1) the state of Indiana;
        (2) a department, agency, board, commission, or institution ofthe state of Indiana; or
        (3) a county, city, township, school or conservancy district, orother governmental unit or district;
that receives public bids for construction or other public works underIndiana law.
    (e) "Steel products" means products rolled, formed, shaped,drawn, extruded, forged, cast, fabricated, or otherwise similarlyprocessed, or processed by a combination of two (2) or more of suchoperations, from steel made in the United States by the open hearth,basic oxygen, electric furnace, Bessemer, or other steel makingprocess.
    (f) "United States" refers to the United States of America. Theterm includes all territory, continental or insular, subject to thejurisdiction of the United States.
As added by Acts 1978, P.L.27, SEC.1. Amended by P.L.8-1993,SEC.66; P.L.6-2007, SEC.1; P.L.3-2008, SEC.30.

IC 5-16-8-2
Public agency contract provisions; rules for determiningreasonable pricing
    Sec. 2. (a) Each public agency shall require that every contract forthe construction, reconstruction, alteration, repair, improvement ormaintenance of public works contain a provision that, if any steel orfoundry products are to be used or supplied in the performance of thecontract or subcontract, only steel or foundry products made in theUnited States shall be used or supplied in the performance of thecontract or any of the subcontracts unless the head of the publicagency determines, in writing, that the cost of steel or foundryproducts is considered to be unreasonable.
    (b) The head of each public agency shall issue rules whichprovide that, for purposes of subsection (a), the bid or offered priceof any steel or foundry products of domestic origin is not consideredunreasonable if the price does not exceed the sum of:
        (1) the bid or offered price of like steel or foundry products offoreign origin (including any applicable duty); plus
        (2) a differential of fifteen percent (15%) of the bid or offered

price of the steel or foundry products of foreign origin.
However, the fifteen percent (15%) differential provided bysubdivision (2) may be increased to twenty-five percent (25%), if thehead of the public agency determines that use of steel or foundryproducts of domestic origin would benefit the local or state economythrough improved job security and employment opportunity.Whenever the head of a public agency determines that thedifferential should be increased above fifteen percent (15%) for aparticular project, the head of the agency shall file a report with thegovernor and the legislative services agency detailing the reasons forsuch determination and the probable impact on the economy of theuse of domestic steel or foundry castings in the project. A report filedunder this subsection with the legislative services agency must be inan electronic format under IC 5-14-6.
As added by Acts 1978, P.L.27, SEC.1. Amended by Acts 1981,P.L.59, SEC.1; P.L.28-2004, SEC.59; P.L.6-2007, SEC.2.

IC 5-16-8-3
Payment contingent upon compliance; recovery of payments madeupon noncomplying contracts
    Sec. 3. A public agency may not authorize or make any paymentsto a person under a contract containing the provision required bysection 2 of this chapter unless the public agency is satisfied thatsuch person has fully complied with that provision. Payments madeto a person by a public agency which should not have been made asa result of this section shall be recoverable directly from thecontractor or subcontractor who did not comply with section 2 of thischapter by the attorney general upon suit filed in the circuit court ofthe county in which the contract was executed or performed.
As added by Acts 1978, P.L.27, SEC.1.

IC 5-16-8-4
Nonapplicability to steel products in insufficient supply
    Sec. 4. This chapter does not apply if the head of the publicagency determines, in writing, that steel or foundry products are notproduced in the United States in sufficient quantities to meet therequirements of the contract.
As added by Acts 1978, P.L.27, SEC.1. Amended by P.L.6-2007,SEC.3.

IC 5-16-8-5
Purpose and construction of chapter
    Sec. 5. This chapter is designed to promote the general welfare ofthe people of this state and is supplemental to all laws concerningpublic works and shall be liberally construed to fully effectuate itspurposes.
As added by Acts 1978, P.L.27, SEC.1.