reglab/housing_qa huggingface dataset:
IN Code § 4-13.6-5-3 (2021)
2021 Indiana Code|Title 4. State Offices and Administration|Article 13.6. State Public Works|Chapter 5. Bidding Requirements|4-13.6-5-3. Projects Costing Less Than $150,000; Quotations From Contractors; Awards

Sec. 3. (a) If the estimated cost of a public works project is less than one hundred fifty thousand dollars ($150,000), 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; P.L.172-2011, SEC.5.
IN Code § 4-13.6-5-5 (2021)
2021 Indiana Code|Title 4. State Offices and Administration|Article 13.6. State Public Works|Chapter 5. Bidding Requirements|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.
IN Code § 4-13.6-5-6 (2021)
2021 Indiana Code|Title 4. State Offices and Administration|Article 13.6. State Public Works|Chapter 5. Bidding Requirements|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.
IN Code § 4-13.6-5-7 (2021)
2021 Indiana Code|Title 4. State Offices and Administration|Article 13.6. State Public Works|Chapter 5. Bidding Requirements|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.
IN Code § 4-13.6-5-8 (2021)
2021 Indiana Code|Title 4. State Offices and Administration|Article 13.6. State Public Works|Chapter 5. Bidding Requirements|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 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; P.L.134-2012, SEC.3.
IN Code § 4-13.6-5-9 (2021)
2021 Indiana Code|Title 4. State Offices and Administration|Article 13.6. State Public Works|Chapter 5. Bidding Requirements|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.
IN Code § 4-13.6-5-10 (2021)
2021 Indiana Code|Title 4. State Offices and Administration|Article 13.6. State Public Works|Chapter 5. Bidding Requirements|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.
IN Code § 4-13.6-5-10.5 (2021)
2021 Indiana Code|Title 4. State Offices and Administration|Article 13.6. State Public Works|Chapter 5. Bidding Requirements|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.
IN Code § 4-13.6-5-11 (2021)
2021 Indiana Code|Title 4. State Offices and Administration|Article 13.6. State Public Works|Chapter 5. Bidding Requirements|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.
IN Code § 4-13.6-5-12 (2021)
2021 Indiana Code|Title 4. State Offices and Administration|Article 13.6. State Public Works|Chapter 5. Bidding Requirements|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.
IN Code § 4-13.6-6-1 (2021)
2021 Indiana Code|Title 4. State Offices and Administration|Article 13.6. State Public Works|Chapter 6. Bid Opening and Award of Contracts|4-13.6-6-1. Sealed Bids; Opening Procedure; Time to Submit Bids

Sec. 1. (a) All bids shall be sealed in an envelope when submitted to the division.(b) The division shall open bids in public and read them aloud at the time and place designated in the instructions. Contractors and all other members of the public are entitled to attend bid openings. Before contractors and other members of the public are permitted to inspect and copy bids, the division shall copy the bids as required by IC 4-13.6-5-9.(c) The division may not require any contractor to submit its bid at any time earlier than the time specified in the instructions for opening of bids.As added by P.L.24-1985, SEC.7.
IN Code § 4-13.6-6-2 (2021)
2021 Indiana Code|Title 4. State Offices and Administration|Article 13.6. State Public Works|Chapter 6. Bid Opening and Award of Contracts|4-13.6-6-2. Award of Contracts

Sec. 2. Except as provided in rules adopted under section 2.5 of this chapter, the division shall award a contract to the lowest responsible and responsive contractor.As added by P.L.24-1985, SEC.7. Amended by P.L.5-1993, SEC.11; P.L.35-1995, SEC.2; P.L.66-2004, SEC.1; P.L.1-2010, SEC.7.
IN Code § 4-13.6-6-2.5 (2021)
2021 Indiana Code|Title 4. State Offices and Administration|Article 13.6. State Public Works|Chapter 6. Bid Opening and Award of Contracts|4-13.6-6-2.5. Preference Rules

Sec. 2.5. (a) As used in this section, "out-of-state business" refers to a business that is not an Indiana business.(b) The department may adopt rules under IC 4-22-2 to give a preference to an Indiana business that submits a bid under this article if all of the following apply:(1) An out-of-state business submits a bid.(2) The out-of-state business is a business from a state that gives public works preferences unfavorable to Indiana businesses.(c) Rules adopted under subsection (b) must establish criteria for determining the following:(1) Whether a bidder qualifies as an Indiana business under the rules.(2) When another state's preference is unfavorable to Indiana businesses.(3) The method by which the preference for Indiana businesses is to be computed.(d) Rules adopted under subsection (b) may not give a preference to an Indiana business that is more favorable to the Indiana business than the other state's preference is to the other state's businesses.As added by P.L.35-1995, SEC.3.
IN Code § 4-13.6-6-3 (2021)
2021 Indiana Code|Title 4. State Offices and Administration|Article 13.6. State Public Works|Chapter 6. Bid Opening and Award of Contracts|4-13.6-6-3. Rejection of All Bids

Sec. 3. The division may, in the reasonable exercise of discretion, reject all bids submitted.As added by P.L.24-1985, SEC.7.
IN Code § 4-13.6-6-4 (2021)
2021 Indiana Code|Title 4. State Offices and Administration|Article 13.6. State Public Works|Chapter 6. Bid Opening and Award of Contracts|4-13.6-6-4. Notice to Proceed; Extensions of Time; Notice of Withdrawal of Bid and Rejection of Contract

Sec. 4. (a) Within sixty (60) days from the date on which bids are opened, the division shall award a contract and shall provide the successful contractor with written notice to proceed.(b) If the division fails to award and execute a contract and to issue notice to proceed within sixty (60) days that bids for the contract are opened, the successful contractor may grant one (1) or more extensions of time to the division to award a contract, to execute the contract, and to give notice to proceed. The date that an extension of time granted under this subsection expires must be a date upon which the division and the successful contractor agree.(c) After the sixty (60) day period set by subsection (a) and all extension periods set under subsection (b) have expired, a successful contractor may elect to withdraw its bid and reject the contract only by delivering a written notice to the division that grants the division at least fifteen (15) additional days to award a contract to the successful contractor.As added by P.L.24-1985, SEC.7.
IN Code § 4-13.6-6-5 (2021)
2021 Indiana Code|Title 4. State Offices and Administration|Article 13.6. State Public Works|Chapter 6. Bid Opening and Award of Contracts|4-13.6-6-5. Application of Ic 5-22-16.5 to Award of Contracts Under Chapter

Sec. 5. (a) IC 5-22-16.5 (Disqualification of Contractors Dealing with the Government of Iran) applies to the awarding of contracts, including contracts for professional services, under this article.(b) For purposes of applying IC 5-22-16.5 to contracts awarded under this article, the following apply:(1) A reference to an "offer" in IC 5-22-16.5 refers to:(A) a bid for a contract; or(B) a proposal to provide professional services;under this article.(2) A person may not be awarded a contract under this article if the person would be disqualified from being awarded a contract under IC 5-22-16.5.(3) The procedures, rights, and application of penalties described in IC 5-22-16.5 shall be applied in the context of this article so that the public policy of IC 5-22-16.5 and this article are both implemented.As added by P.L.21-2012, SEC.1.
IN Code § 4-13.6-7-0.1 (2021)
2021 Indiana Code|Title 4. State Offices and Administration|Article 13.6. State Public Works|Chapter 7. Bonding, Escrow, and Retainages|4-13.6-7-0.1. Application of Certain Amendments to Chapter

Sec. 0.1. The amendments made to this chapter by P.L.133-2007 apply only to public works contracts entered into after June 30, 2007.As added by P.L.220-2011, SEC.37.
IN Code § 4-13.6-7-1 (2021)
2021 Indiana Code|Title 4. State Offices and Administration|Article 13.6. State Public Works|Chapter 7. Bonding, Escrow, and Retainages|4-13.6-7-1. Application of Chapter

Sec. 1. The director may apply the retainage provisions of this chapter to public works projects with an estimated cost less than the amount specified in section 2 of this chapter.As added by P.L.24-1985, SEC.7. Amended by P.L.133-2007, SEC.2.
IN Code § 4-13.6-7-2 (2021)
2021 Indiana Code|Title 4. State Offices and Administration|Article 13.6. State Public Works|Chapter 7. Bonding, Escrow, and Retainages|4-13.6-7-2. Contract Provisions for Retainage of Payments; Escrow Accounts and Agreements

Sec. 2. (a) If the estimated cost of a public works project is one million dollars ($1,000,000) or more, the division shall include as part of the public works contract provisions for the retainage of portions of payments by the division to the contractor, by the contractor to subcontractors, and for the payment of subcontractors and suppliers by the contractor. The contract must provide that the division may withhold from the contractor sufficient funds from the contract price to pay subcontractors and suppliers as provided in section 4 of this chapter.(b) A public works contract and contracts between contractors and subcontractors, if portions of the public works contract are subcontracted, may include a provision that at the time any retainage is withheld, the division or the contractor, as the case may be, may place the retainage in an escrow account, as mutually agreed, with:(1) a bank;(2) a savings and loan institution;(3) the state of Indiana; or(4) an instrumentality of the state of Indiana;as escrow agent. The parties to the contract shall select the escrow agent by mutual agreement. The parties to the agreement shall enter into a written agreement with the escrow agent.(c) The escrow agreement must provide the following:(1) The escrow agent shall promptly invest all escrowed principal in the obligations that the escrow agent selects, in its discretion.(2) The escrow agent shall hold the escrowed principal and income until it receives notice from both of the other parties to the escrow agreement specifying the percentage of the escrowed principal to be released from the escrow and the persons to whom this percentage is to be released. When it receives this notice, the escrow agent shall promptly pay the designated percentage of escrowed principal and the same percentage of the accumulated escrowed income to the persons designated in the notice.(3) The escrow agent shall be compensated for its services as the parties may agree. The compensation shall be a commercially reasonable fee commensurate with fees being charged at the time the escrow fund is established for the handling of escrow accounts of like size and duration. The fee must be paid from the escrowed income of the escrow account.(d) The escrow agreement may include other terms and conditions that are not inconsistent with subsection (c). Additional provisions may include provisions authorizing the escrow agent to commingle the escrowed funds held under other escrow agreements and provisions limiting the liability of the escrow agent.As added by P.L.24-1985, SEC.7. Amended by P.L.22-1997, SEC.3; P.L.160-2006, SEC.4; P.L.172-2011, SEC.7.
IN Code § 4-13.6-7-3 (2021)
2021 Indiana Code|Title 4. State Offices and Administration|Article 13.6. State Public Works|Chapter 7. Bonding, Escrow, and Retainages|4-13.6-7-3. Amount of Retainage Withheld

Sec. 3. (a) To determine the amount of retainage to be withheld, the division shall elect one (1) of the following options:(1) To withhold no more than six percent (6%) of the dollar value of all work satisfactorily completed until the public work is fifty percent (50%) complete, and nothing further after that.(2) To withhold no more than three percent (3%) of the dollar value of all work satisfactorily completed until the public work is substantially complete.(b) Upon substantial completion of the work, the division shall withhold the following:(1) If there are any remaining uncompleted minor items, until those items are completed, an amount equal to two hundred percent (200%) of the value of each item as determined by the architect-engineer.(2) Any amounts required to be withheld under section 8(b) of this chapter.As added by P.L.24-1985, SEC.7. Amended by P.L.75-2012, SEC.1.
IN Code § 4-13.6-7-4 (2021)
2021 Indiana Code|Title 4. State Offices and Administration|Article 13.6. State Public Works|Chapter 7. Bonding, Escrow, and Retainages|4-13.6-7-4. Payment of Subcontractors and Suppliers; Certification of Previous Payments; Incorrect Certification

Sec. 4. (a) Within ten (10) days of receipt of any payment by the state or the escrow agent, the contractor or escrow agent shall pay each subcontractor and each supplier the appropriate share of the payment the contractor received based upon the service performed by the subcontractor or the materials received from the supplier.(b) The contractor shall furnish to the division a sworn statement or certification at the time of payment to it that all subcontractors and suppliers have received their share of the previous payment to the contractor.(c) If a contractor makes an incorrect certification, the department may do any of the following:(1) Consider the incorrect certification a breach of contract and do any of the following:(A) Cancel the contract.(B) Collect from the contractor all funds paid to the contractor under the contract.(C) Exercise all of the state's rights set out in the contract.(2) Pursue remedies against the contractor for falsifying an affidavit.(3) Revoke the contractor's qualification under IC 4-13.6-4-13(b).(4) Use the incorrect certification as a basis for finding the contractor not responsible when awarding other contracts.As added by P.L.24-1985, SEC.7. Amended by P.L.5-1993, SEC.12.
IN Code § 4-13.6-7-5 (2021)
2021 Indiana Code|Title 4. State Offices and Administration|Article 13.6. State Public Works|Chapter 7. Bonding, Escrow, and Retainages|4-13.6-7-5. Bid Bonds

Sec. 5. (a) The director:(1) may require each contractor of a public works project with an estimated cost of not more than two hundred thousand dollars ($200,000); and(2) shall require each contractor of a public works project with an estimated cost of more than two hundred thousand dollars ($200,000);to submit a good and sufficient bid bond with the bid. The bid bond may equal any percentage of the estimated cost of the public works project that the director requires.(b) The division may accept bonds provided on forms specified by the department or on forms given by surety companies.As added by P.L.24-1985, SEC.7. Amended by P.L.133-2007, SEC.3.