IC 8-23-10
Chapter 10. Qualifications of Bidders for Contracts
IC 8-23-10-1 Qualified bidders required
Sec. 1. It is unlawful to award a contract to any person other than
a bidder previously qualified in compliance with this chapter. As added by P.L.18-1990, SEC.219.
IC 8-23-10-2 Qualification applications; investigation; certificates of
qualification; revocation of certificates
Sec. 2. (a) A bidder desiring to submit to the department a bid for
the performance of a contract the department proposes to let must
apply to the department for qualification and must use for that
purpose the forms prescribed and furnished by the department. All
applications must be verified by the applicant.
(b) The department shall act within thirty (30) days upon an
application for qualification. Upon the receipt of an application for
qualification, the department shall examine and may investigate the
application and shall determine whether the applicant is competent
and responsible and possesses the financial resources that satisfy this
chapter.
(c) If the applicant is found to possess the qualifications
prescribed by this chapter and by the rules adopted by the
department, the department shall issue a certificate of qualification,
which shall be valid for the period of one (1) year, or a shorter period
of time that the department prescribes, unless revoked by the
department for cause. The certificate of qualification must contain a
statement fixing the aggregate amount of uncompleted work that the
applicant will be permitted to have at any time under a contract with
the department and may also, in the discretion of the department,
contain a statement limiting a bidder to the submission of bids upon
a certain class or classes of work. Subject to any restrictions as to
amount or class of work, the certificate of qualification authorizes its
holder to bid on all work on which bids are taken by the department
during the period of time specified.
(d) A certificate of qualification may be revoked by the
department only after notice to the qualified bidder and an
opportunity to be heard. The notice must be in writing and must state
the grounds of the proposed revocation. As added by P.L.18-1990, SEC.219.
IC 8-23-10-3 Financial statements of applicants
Sec. 3. (a) A bidder may not be given a certificate of qualification
unless the bidder's financial statement and the investigation made by
the department show that the bidder possesses net current assets
sufficient in the judgment of the department to render it probable that
the bidder can satisfactorily execute contracts and meet obligations
incurred. All applications for qualification must expressly authorize
the department to obtain all information considered pertinent with
respect to the financial worth and assets and liabilities of the
applicant from banks or other financial institutions, surety
companies, dealers in material, equipment, or supplies, or other
persons having business transactions with an applicant and must
expressly authorize all financial institutions or other persons to
furnish information requested by the department.
(b) The financial statement furnished by an applicant for
qualification of more than one million dollars ($1,000,000) must be
prepared and attested as audited by an independent:
(1) certified public accountant registered and in good standing
in any state; or
(2) public accountant registered and in good standing in
Indiana.
(c) The financial statement furnished by an applicant for
qualification of more than two hundred thousand dollars ($200,000)
but not more than one million dollars ($1,000,000) must be prepared
and attested as reviewed by an independent:
(1) certified public accountant registered and in good standing
in any state; or
(2) public accountant registered and in good standing in
Indiana.
(d) A qualification of two hundred thousand dollars ($200,000) or
less may be granted by the department if the financial statement
furnished by the applicant is certified as correct by an officer of the
company. The department may require all qualified bidders to file
financial statements from time to time at intervals it prescribes.
(e) This chapter shall be administered without reference to the
residence of applicants, and its provisions and the rules of the
department adopted under this chapter apply equally to residents and
nonresidents of Indiana. This chapter does not apply to the purchase
of material, equipment, and supplies or to the construction and
maintenance of buildings.
(f) Notwithstanding IC 5-14-3-4(a)(5), a financial statement
submitted to the department under this chapter is considered
confidential financial information for the purposes of IC 5-14-3. As added by P.L.18-1990, SEC.219. Amended by P.L.111-1993,
SEC.1; P.L.119-1995, SEC.1.
IC 8-23-10-4 Subcontractors; qualification
Sec. 4. It is unlawful for a successful bidder to enter into a
subcontract with any other person involving the performance of any
part of any work upon which the bidder may be engaged for the
department in an amount in excess of three hundred thousand dollars
($300,000) unless the subcontractor has been properly qualified
under the terms of this chapter for the work sublet to the
subcontractor. However, the department may reduce this amount
based on the subcontractor's performance with the department and
others. The prequalification requirements of this section do not apply
to the following:
(1) Professional services.
(2) Hauling materials or supplies to or from a job site. As added by P.L.18-1990, SEC.219. Amended by P.L.92-2004,
SEC.1.
IC 8-23-10-5 Notice of action on application; reapplication
Sec. 5. (a) All applicants for qualification shall be promptly
notified by the department of its final action on their applications. An
applicant aggrieved by the decision of the department may, within
ten (10) days after receiving notification of the decision, request in
writing a reconsideration of the application by the department, and
may submit additional evidence bearing on qualifications. The
department shall again consider the matter and may either adhere to
or modify its previous decision. The department shall act upon any
request for reconsideration within fifteen (15) days after the filing of
the request and shall notify the applicant of the action taken.
(b) An applicant who has been refused qualification, or who is
dissatisfied with the department's decision as to the aggregate amount
of uncompleted work to be permitted under contract at any one time,
or with any limitation as to the class or classes of work on which the
bidder is authorized to bid, may at any time after the expiration of
ninety (90) days from the date of the department's decision on the
last application file a new application for qualification. The new
application shall be promptly considered and acted upon by the
department. As added by P.L.18-1990, SEC.219.
IC 8-23-10-6 Unqualified bidders; rejection of bids
Sec. 6. The department may not consider a bid filed with it by a
person who has not been qualified under this chapter. Bids from
unqualified bidders discovered by the department before the reading
of the bids shall be returned without being read. If the department
finds subsequent to the opening of bids that facts exist that would
disqualify the lowest bidder, or that the bidder is not competent and
responsible, the department shall reject the bid despite the fact of
prior qualification of the bidder. It is unlawful to award a contract to
a bidder not qualified to bid at the time fixed for receiving bids. As added by P.L.18-1990, SEC.219.
IC 8-23-10-7 Revenue department; access to names of bidders, contractors, and
subcontractors; bidders on tax warrant list
Sec. 7. (a) The department may allow the department of state
revenue access to the name of each person who is either:
(1) bidding on a contract to be awarded under this chapter; or
(2) a contractor or a subcontractor under this chapter.
(b) If the department is notified by the department of state revenue
that a bidder is on the most recent tax warrant list, the department
may not award a contract to that bidder until:
(1) the bidder provides to the department a statement from the
department of state revenue that the bidder's delinquent tax
liability has been satisfied; or
(2) the department receives a notice from the commissioner of
the department of state revenue under IC 6-8.1-8-2(k).
(c) The department of state revenue may notify:
(1) the department; and
(2) the auditor of state;
that a contractor or subcontractor under this chapter is on the most
recent tax warrant list, including the amount that the person owes in
delinquent taxes. The auditor of state shall deduct from the
contractor's or subcontractor's payment the amount owed in
delinquent taxes. The auditor of state shall remit this amount to the
department of state revenue and pay the remaining balance to the
contractor or subcontractor. As added by P.L.18-1990, SEC.219.
IC 8-23-10-8 False statements; penalty
Sec. 8. It is a Class C infraction for an applicant for qualification
to knowingly make a false statement with respect to the applicant's
financial worth in an application for qualification, financial
statement, or other written instrument filed by the applicant with the
department under this chapter or rules adopted under this chapter. A
person who violates this section is disqualified from submitting bids
on contracts advertised for letting by the department for a period of
two (2) years following the date of conviction. As added by P.L.18-1990, SEC.219.
IC 8-23-10
Chapter 10. Qualifications of Bidders for Contracts
IC 8-23-10-1 Qualified bidders required
Sec. 1. It is unlawful to award a contract to any person other than
a bidder previously qualified in compliance with this chapter. As added by P.L.18-1990, SEC.219.
IC 8-23-10-2 Qualification applications; investigation; certificates of
qualification; revocation of certificates
Sec. 2. (a) A bidder desiring to submit to the department a bid for
the performance of a contract the department proposes to let must
apply to the department for qualification and must use for that
purpose the forms prescribed and furnished by the department. All
applications must be verified by the applicant.
(b) The department shall act within thirty (30) days upon an
application for qualification. Upon the receipt of an application for
qualification, the department shall examine and may investigate the
application and shall determine whether the applicant is competent
and responsible and possesses the financial resources that satisfy this
chapter.
(c) If the applicant is found to possess the qualifications
prescribed by this chapter and by the rules adopted by the
department, the department shall issue a certificate of qualification,
which shall be valid for the period of one (1) year, or a shorter period
of time that the department prescribes, unless revoked by the
department for cause. The certificate of qualification must contain a
statement fixing the aggregate amount of uncompleted work that the
applicant will be permitted to have at any time under a contract with
the department and may also, in the discretion of the department,
contain a statement limiting a bidder to the submission of bids upon
a certain class or classes of work. Subject to any restrictions as to
amount or class of work, the certificate of qualification authorizes its
holder to bid on all work on which bids are taken by the department
during the period of time specified.
(d) A certificate of qualification may be revoked by the
department only after notice to the qualified bidder and an
opportunity to be heard. The notice must be in writing and must state
the grounds of the proposed revocation. As added by P.L.18-1990, SEC.219.
IC 8-23-10-3 Financial statements of applicants
Sec. 3. (a) A bidder may not be given a certificate of qualification
unless the bidder's financial statement and the investigation made by
the department show that the bidder possesses net current assets
sufficient in the judgment of the department to render it probable that
the bidder can satisfactorily execute contracts and meet obligations
incurred. All applications for qualification must expressly authorize
the department to obtain all information considered pertinent with
respect to the financial worth and assets and liabilities of the
applicant from banks or other financial institutions, surety
companies, dealers in material, equipment, or supplies, or other
persons having business transactions with an applicant and must
expressly authorize all financial institutions or other persons to
furnish information requested by the department.
(b) The financial statement furnished by an applicant for
qualification of more than one million dollars ($1,000,000) must be
prepared and attested as audited by an independent:
(1) certified public accountant registered and in good standing
in any state; or
(2) public accountant registered and in good standing in
Indiana.
(c) The financial statement furnished by an applicant for
qualification of more than two hundred thousand dollars ($200,000)
but not more than one million dollars ($1,000,000) must be prepared
and attested as reviewed by an independent:
(1) certified public accountant registered and in good standing
in any state; or
(2) public accountant registered and in good standing in
Indiana.
(d) A qualification of two hundred thousand dollars ($200,000) or
less may be granted by the department if the financial statement
furnished by the applicant is certified as correct by an officer of the
company. The department may require all qualified bidders to file
financial statements from time to time at intervals it prescribes.
(e) This chapter shall be administered without reference to the
residence of applicants, and its provisions and the rules of the
department adopted under this chapter apply equally to residents and
nonresidents of Indiana. This chapter does not apply to the purchase
of material, equipment, and supplies or to the construction and
maintenance of buildings.
(f) Notwithstanding IC 5-14-3-4(a)(5), a financial statement
submitted to the department under this chapter is considered
confidential financial information for the purposes of IC 5-14-3. As added by P.L.18-1990, SEC.219. Amended by P.L.111-1993,
SEC.1; P.L.119-1995, SEC.1.
IC 8-23-10-4 Subcontractors; qualification
Sec. 4. It is unlawful for a successful bidder to enter into a
subcontract with any other person involving the performance of any
part of any work upon which the bidder may be engaged for the
department in an amount in excess of three hundred thousand dollars
($300,000) unless the subcontractor has been properly qualified
under the terms of this chapter for the work sublet to the
subcontractor. However, the department may reduce this amount
based on the subcontractor's performance with the department and
others. The prequalification requirements of this section do not apply
to the following:
(1) Professional services.
(2) Hauling materials or supplies to or from a job site. As added by P.L.18-1990, SEC.219. Amended by P.L.92-2004,
SEC.1.
IC 8-23-10-5 Notice of action on application; reapplication
Sec. 5. (a) All applicants for qualification shall be promptly
notified by the department of its final action on their applications. An
applicant aggrieved by the decision of the department may, within
ten (10) days after receiving notification of the decision, request in
writing a reconsideration of the application by the department, and
may submit additional evidence bearing on qualifications. The
department shall again consider the matter and may either adhere to
or modify its previous decision. The department shall act upon any
request for reconsideration within fifteen (15) days after the filing of
the request and shall notify the applicant of the action taken.
(b) An applicant who has been refused qualification, or who is
dissatisfied with the department's decision as to the aggregate amount
of uncompleted work to be permitted under contract at any one time,
or with any limitation as to the class or classes of work on which the
bidder is authorized to bid, may at any time after the expiration of
ninety (90) days from the date of the department's decision on the
last application file a new application for qualification. The new
application shall be promptly considered and acted upon by the
department. As added by P.L.18-1990, SEC.219.
IC 8-23-10-6 Unqualified bidders; rejection of bids
Sec. 6. The department may not consider a bid filed with it by a
person who has not been qualified under this chapter. Bids from
unqualified bidders discovered by the department before the reading
of the bids shall be returned without being read. If the department
finds subsequent to the opening of bids that facts exist that would
disqualify the lowest bidder, or that the bidder is not competent and
responsible, the department shall reject the bid despite the fact of
prior qualification of the bidder. It is unlawful to award a contract to
a bidder not qualified to bid at the time fixed for receiving bids. As added by P.L.18-1990, SEC.219.
IC 8-23-10-7 Revenue department; access to names of bidders, contractors, and
subcontractors; bidders on tax warrant list
Sec. 7. (a) The department may allow the department of state
revenue access to the name of each person who is either:
(1) bidding on a contract to be awarded under this chapter; or
(2) a contractor or a subcontractor under this chapter.
(b) If the department is notified by the department of state revenue
that a bidder is on the most recent tax warrant list, the department
may not award a contract to that bidder until:
(1) the bidder provides to the department a statement from the
department of state revenue that the bidder's delinquent tax
liability has been satisfied; or
(2) the department receives a notice from the commissioner of
the department of state revenue under IC 6-8.1-8-2(k).
(c) The department of state revenue may notify:
(1) the department; and
(2) the auditor of state;
that a contractor or subcontractor under this chapter is on the most
recent tax warrant list, including the amount that the person owes in
delinquent taxes. The auditor of state shall deduct from the
contractor's or subcontractor's payment the amount owed in
delinquent taxes. The auditor of state shall remit this amount to the
department of state revenue and pay the remaining balance to the
contractor or subcontractor. As added by P.L.18-1990, SEC.219.
IC 8-23-10-8 False statements; penalty
Sec. 8. It is a Class C infraction for an applicant for qualification
to knowingly make a false statement with respect to the applicant's
financial worth in an application for qualification, financial
statement, or other written instrument filed by the applicant with the
department under this chapter or rules adopted under this chapter. A
person who violates this section is disqualified from submitting bids
on contracts advertised for letting by the department for a period of
two (2) years following the date of conviction. As added by P.L.18-1990, SEC.219.
IC 8-23-10
Chapter 10. Qualifications of Bidders for Contracts
IC 8-23-10-1 Qualified bidders required
Sec. 1. It is unlawful to award a contract to any person other than
a bidder previously qualified in compliance with this chapter. As added by P.L.18-1990, SEC.219.
IC 8-23-10-2 Qualification applications; investigation; certificates of
qualification; revocation of certificates
Sec. 2. (a) A bidder desiring to submit to the department a bid for
the performance of a contract the department proposes to let must
apply to the department for qualification and must use for that
purpose the forms prescribed and furnished by the department. All
applications must be verified by the applicant.
(b) The department shall act within thirty (30) days upon an
application for qualification. Upon the receipt of an application for
qualification, the department shall examine and may investigate the
application and shall determine whether the applicant is competent
and responsible and possesses the financial resources that satisfy this
chapter.
(c) If the applicant is found to possess the qualifications
prescribed by this chapter and by the rules adopted by the
department, the department shall issue a certificate of qualification,
which shall be valid for the period of one (1) year, or a shorter period
of time that the department prescribes, unless revoked by the
department for cause. The certificate of qualification must contain a
statement fixing the aggregate amount of uncompleted work that the
applicant will be permitted to have at any time under a contract with
the department and may also, in the discretion of the department,
contain a statement limiting a bidder to the submission of bids upon
a certain class or classes of work. Subject to any restrictions as to
amount or class of work, the certificate of qualification authorizes its
holder to bid on all work on which bids are taken by the department
during the period of time specified.
(d) A certificate of qualification may be revoked by the
department only after notice to the qualified bidder and an
opportunity to be heard. The notice must be in writing and must state
the grounds of the proposed revocation. As added by P.L.18-1990, SEC.219.
IC 8-23-10-3 Financial statements of applicants
Sec. 3. (a) A bidder may not be given a certificate of qualification
unless the bidder's financial statement and the investigation made by
the department show that the bidder possesses net current assets
sufficient in the judgment of the department to render it probable that
the bidder can satisfactorily execute contracts and meet obligations
incurred. All applications for qualification must expressly authorize
the department to obtain all information considered pertinent with
respect to the financial worth and assets and liabilities of the
applicant from banks or other financial institutions, surety
companies, dealers in material, equipment, or supplies, or other
persons having business transactions with an applicant and must
expressly authorize all financial institutions or other persons to
furnish information requested by the department.
(b) The financial statement furnished by an applicant for
qualification of more than one million dollars ($1,000,000) must be
prepared and attested as audited by an independent:
(1) certified public accountant registered and in good standing
in any state; or
(2) public accountant registered and in good standing in
Indiana.
(c) The financial statement furnished by an applicant for
qualification of more than two hundred thousand dollars ($200,000)
but not more than one million dollars ($1,000,000) must be prepared
and attested as reviewed by an independent:
(1) certified public accountant registered and in good standing
in any state; or
(2) public accountant registered and in good standing in
Indiana.
(d) A qualification of two hundred thousand dollars ($200,000) or
less may be granted by the department if the financial statement
furnished by the applicant is certified as correct by an officer of the
company. The department may require all qualified bidders to file
financial statements from time to time at intervals it prescribes.
(e) This chapter shall be administered without reference to the
residence of applicants, and its provisions and the rules of the
department adopted under this chapter apply equally to residents and
nonresidents of Indiana. This chapter does not apply to the purchase
of material, equipment, and supplies or to the construction and
maintenance of buildings.
(f) Notwithstanding IC 5-14-3-4(a)(5), a financial statement
submitted to the department under this chapter is considered
confidential financial information for the purposes of IC 5-14-3. As added by P.L.18-1990, SEC.219. Amended by P.L.111-1993,
SEC.1; P.L.119-1995, SEC.1.
IC 8-23-10-4 Subcontractors; qualification
Sec. 4. It is unlawful for a successful bidder to enter into a
subcontract with any other person involving the performance of any
part of any work upon which the bidder may be engaged for the
department in an amount in excess of three hundred thousand dollars
($300,000) unless the subcontractor has been properly qualified
under the terms of this chapter for the work sublet to the
subcontractor. However, the department may reduce this amount
based on the subcontractor's performance with the department and
others. The prequalification requirements of this section do not apply
to the following:
(1) Professional services.
(2) Hauling materials or supplies to or from a job site. As added by P.L.18-1990, SEC.219. Amended by P.L.92-2004,
SEC.1.
IC 8-23-10-5 Notice of action on application; reapplication
Sec. 5. (a) All applicants for qualification shall be promptly
notified by the department of its final action on their applications. An
applicant aggrieved by the decision of the department may, within
ten (10) days after receiving notification of the decision, request in
writing a reconsideration of the application by the department, and
may submit additional evidence bearing on qualifications. The
department shall again consider the matter and may either adhere to
or modify its previous decision. The department shall act upon any
request for reconsideration within fifteen (15) days after the filing of
the request and shall notify the applicant of the action taken.
(b) An applicant who has been refused qualification, or who is
dissatisfied with the department's decision as to the aggregate amount
of uncompleted work to be permitted under contract at any one time,
or with any limitation as to the class or classes of work on which the
bidder is authorized to bid, may at any time after the expiration of
ninety (90) days from the date of the department's decision on the
last application file a new application for qualification. The new
application shall be promptly considered and acted upon by the
department. As added by P.L.18-1990, SEC.219.
IC 8-23-10-6 Unqualified bidders; rejection of bids
Sec. 6. The department may not consider a bid filed with it by a
person who has not been qualified under this chapter. Bids from
unqualified bidders discovered by the department before the reading
of the bids shall be returned without being read. If the department
finds subsequent to the opening of bids that facts exist that would
disqualify the lowest bidder, or that the bidder is not competent and
responsible, the department shall reject the bid despite the fact of
prior qualification of the bidder. It is unlawful to award a contract to
a bidder not qualified to bid at the time fixed for receiving bids. As added by P.L.18-1990, SEC.219.
IC 8-23-10-7 Revenue department; access to names of bidders, contractors, and
subcontractors; bidders on tax warrant list
Sec. 7. (a) The department may allow the department of state
revenue access to the name of each person who is either:
(1) bidding on a contract to be awarded under this chapter; or
(2) a contractor or a subcontractor under this chapter.
(b) If the department is notified by the department of state revenue
that a bidder is on the most recent tax warrant list, the department
may not award a contract to that bidder until:
(1) the bidder provides to the department a statement from the
department of state revenue that the bidder's delinquent tax
liability has been satisfied; or
(2) the department receives a notice from the commissioner of
the department of state revenue under IC 6-8.1-8-2(k).
(c) The department of state revenue may notify:
(1) the department; and
(2) the auditor of state;
that a contractor or subcontractor under this chapter is on the most
recent tax warrant list, including the amount that the person owes in
delinquent taxes. The auditor of state shall deduct from the
contractor's or subcontractor's payment the amount owed in
delinquent taxes. The auditor of state shall remit this amount to the
department of state revenue and pay the remaining balance to the
contractor or subcontractor. As added by P.L.18-1990, SEC.219.
IC 8-23-10-8 False statements; penalty
Sec. 8. It is a Class C infraction for an applicant for qualification
to knowingly make a false statement with respect to the applicant's
financial worth in an application for qualification, financial
statement, or other written instrument filed by the applicant with the
department under this chapter or rules adopted under this chapter. A
person who violates this section is disqualified from submitting bids
on contracts advertised for letting by the department for a period of
two (2) years following the date of conviction. As added by P.L.18-1990, SEC.219.
