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 section
2 of this chapter unless another method is authorized under this
chapter.
(b) A duly licensed architect or engineer must approve the
contract 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-five
thousand dollars ($75,000), the division shall award a contract for
the project based on competitive bids.
(b) If the estimated cost of a public works project is at least
seventy-five thousand dollars ($75,000), the division shall develop
contract documents for a public works contract and keep the contract
documents on file in its offices so that they may be inspected by
contractors and members of the public.
(c) The division shall advertise for bids under section 8 of this
chapter. The director shall award a contract under IC 4-13.6-6.
(d) A contractor shall submit under oath a financial statement as
a part of the bid. The director may waive filing of the financial
statement.
(e) After bids are opened but before a contract is awarded, the
director may require a contractor to submit a statement of the
contractor's experience, a proposed plan of performing the work, and
a listing of the equipment that is available to the contractor for
performance of the work.
(f) The statements required by this section shall be submitted on
forms approved by the state board of accounts. The forms shall be
based, so far as applicable, on standard questionnaires and financial
statements for contractors used in investigating the qualifications of
contractors 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 one
hundred fifty thousand dollars ($150,000) or more and the
contractor is not qualified under chapter 4 of this article;
(2) the estimated cost of the public works project is less than
one hundred fifty thousand dollars ($150,000) and the director
makes a written determination, based upon information
provided under subsections (d) and (e), that the contractor is not
qualified to perform the public works contract;
(3) the contractor has failed to perform a previous contract with
the state satisfactorily and has submitted the bid during a period
of suspension imposed by the director (the failure of the
contractor to perform a contract satisfactorily must be based
upon a written determination by the director);
(4) the contractor has not complied with a rule adopted under
this article and the rule specifies that failure to comply with it
is a ground for rejection of a bid; or
(5) the contractor has not complied with any requirement under
section 2.5 of this chapter.
(h) The division shall keep a record of all bids. The state board of
accounts shall approve the form of this record, and the record must
include 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 was
awarded.
(5) The reason the contract was awarded to a contractor other
than 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 awarded
by competitive sealed bidding or acceptance of quotations.
(b) A bid or quotation submitted by a trust (as defined in
IC 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 less
than seventy-five thousand dollars ($75,000), the division may award
a public works contract either under section 2 of this chapter or
under this section, at the discretion of the director.
(b) If the director awards a contract under this section, the
division shall invite quotations from at least three (3) contractors
known to the division to deal in the work required to be done.
However, if fewer than three (3) contractors are known to the
division to be qualified to perform the work, the division shall invite
quotations from as many contractors as are known to be qualified to
perform the work. Failure to receive three (3) quotations shall not
prevent an award from being made.
(c) The division may authorize the governmental body for which
the public work is to be performed to invite quotations, but award of
a contract based upon those quotations is the responsibility of the
division.
(d) Quotations given by a contractor under this section must be in
writing and sealed in an envelope, shall be considered firm, and may
be the basis upon which the division awards a public works contract.
(e) The division shall award a contract to the lowest responsible
and responsive contractor and in accordance with any requirement
imposed 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 state
departments
Sec. 4. (a) If the estimated cost of a public works project is less
than seventy-five thousand dollars ($75,000), the division may
perform the public work without awarding a public works contract
under section 2 of this chapter. In performing the public work, the
division may authorize use of equipment owned, rented, or leased by
the state, may authorize purchase of materials in the manner provided
by law, and may authorize performance of the public work using
employees 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 the
project in the manner provided by law and without a contract being
awarded, and may use its employees to perform the labor and
supervision, if:
(1) the department of natural resources uses equipment owned
or leased by it; and
(2) the division of engineering of the department of natural
resources estimates the cost of the public works project will be
less than seventy-five thousand dollars ($75,000).
(c) If a public works project involves a structure, improvement, or
facility under the control of the department of correction, the
department of correction may purchase materials for the project in
the manner provided by law and use inmates in the custody of the
department of correction to perform the labor and use its own
employees for supervisory purposes, without awarding a contract, if:
(1) the department of correction uses equipment owned or
leased by it; and
(2) the estimated cost of the public works project using
employee 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 comply
with the remaining provisions of this article, and all plans and
specifications for the public works project must be approved by a
licensed 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 determination
that an emergency condition exists due to fire, flood, windstorm,
casualty, or other condition (including mechanical failure of any part
of a building or structure), and the emergency condition endangers
the health, safety, or welfare of the public or necessary governmental
operations, the division may act to repair any damage caused by the
emergency condition without awarding a public works contract under
section 2 of this chapter.
(b) In the case of an emergency described in subsection (a), the
division shall invite quotations from at least three (3) contractors
known to the division to deal in the work required to be done if the
division can do so without jeopardizing successful repair. However,
if fewer than three (3) contractors are known to the division to be
qualified to perform the work, the division shall invite quotations
from as many contractors as are known to be qualified to perform the
work. Failure to receive three (3) quotations shall not prevent an
award from being made.
(c) The division shall keep a copy of the commissioner's
determination and the names of the contractors from whom
quotations were invited in the division's files.
(d) The division shall award a contract to the lowest responsible
and responsive contractor. However, the division may award a
contract to a contractor not qualified under IC 4-13.6-4, if necessary
to 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 maintenance
services for a system that is part of a public building, improvement,
or other structure without inviting bids under section 2 of this
chapter. The division may award a contract for those services to the
manufacturer of the system or to a person recommended by the
manufacturer of the system. A contract may be awarded under this
section only upon a written determination by the commissioner that:
(1) the manufacturer of the system, or the person recommended
by the manufacturer, has knowledge of the system unlikely to
be shared by other persons potentially able to bid to provide the
maintenance services; and
(2) the savings to the state that might be obtained by inviting
bids for the maintenance services do not outweigh the benefits
that the state would gain by awarding a contract to the
manufacturer of the system or to a person recommended by the
manufacturer 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 of
land or for professional services relating to public works projects. In
awarding contracts for professional services relating to public works
projects, the director shall submit a recommendation to the
commissioner, who shall award a contract.
(b) In making a recommendation to the commissioner, the director
shall consider only the competence and the qualifications of the
persons offering to perform the professional services in relation to
the type of services to be performed. The department shall negotiate
compensation for performance of the professional services that the
commissioner 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 bid
under section 2 of this chapter.
(b) The division shall solicit sealed bids by public notice inserted
once each week for two (2) successive weeks before the final date of
submitting 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 Marion
County, Indiana, one (1) newspaper of general circulation in
that area.
The commissioner shall designate the newspapers for these
publications. The commissioner may designate different newspapers
according to the nature of the project and may direct that additional
notices be published.
(c) The division shall also solicit sealed bids for public works
projects by:
(1) sending notices by mail to prospective contractors known to
the division;
(2) posting notices on a public bulletin board in its office; and
(3) providing electronic access to notices through the computer
gateway administered by the office of technology established by
IC 4-13.1-2-1;
at least seven (7) days before the final date for submitting bids for
the 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 as
possible after the bids or quotations are opened and before they may
be inspected and copied by the public under IC 5-14-3. In making
these copies, the division is required to copy only those portions of
the bids or quotations which, if altered, would affect the integrity of
the bid or quotation. The division may make these copies by means
of microfilm or by any other means that the commissioner may
specify.
(b) The division shall keep in a file all original bids or quotations
and all documents pertaining to the award of a public works contract
or a professional services contract.
(c) The copies required by subsection (a) and the files required by
subsection (b) are public records under IC 5-14-3. The division shall
retain these copies and files according to retention schedules
established 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 warranty
periods applying to work performed under the contract commence no
later than the date that work under the contract is substantially
completed.
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 contract
under this chapter that involves the installation of plumbing must
submit evidence that the person is a licensed plumbing contractor
under 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 this
chapter 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 that
may require creation of a trench of at least five (5) feet in depth.
(b) IOSHA regulations 29 C.F.R. 1926, Subpart P, for trench
safety systems shall be incorporated into the contract documents for
a public works project.
(c) The contract documents for a public works project shall
provide 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 safety
systems are associated.
As added by P.L.26-1989, SEC.14.