reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 5. State and Local Administration › Article 30. Design-Build Public Works Projects › Chapter 4. Technical Review Committee › 5-30-4-1. Membership

Sec. 1. (a) Before entering into a design-build contract, a public agency must appoint a technical review committee of at least three (3) individuals.
(b) The members of the technical review committee must include the following:
(1) A representative of the public agency.
(2) At least two (2) of the following, but not more than one (1) under each clause:
(A) An architect registered under IC 25-4.
(B) A professional engineer registered under IC 25-31.
(C) A qualified contractor under IC 4-13.6 or an individual employed by the qualified contractor.
(c) A member of the technical review committee who is an architect or a professional engineer may be:
(1) an employee of the public agency; or
(2) an outside consultant retained by the public agency for the specific purpose of evaluating proposals submitted under this article.
(d) The design criteria developer may serve as:
(1) a full member; or
(2) a nonvoting adviser;
of the committee.
As added by P.L.74-2005, SEC.1. Amended by P.L.166-2011, SEC.4.
2023 Indiana Code › Title 5. State and Local Administration › Article 30. Design-Build Public Works Projects › Chapter 4. Technical Review Committee › 5-30-4-2. Conflict of Interest

Sec. 2. (a) A member of the technical review committee may not:
(1) submit a proposal for; or
(2) furnish design services or construction services under;
the design-build contract.
(b) The design-builder may not delegate or subcontract professional services or construction services under the design-build contract to a member of the technical review committee.
(c) Each member of the technical review committee must certify for each request for proposals that there is not a conflict of interest between the member and the design-builder responding to the request for proposals. If a conflict of interest exists, the member must be replaced before the review of any proposal.
As added by P.L.74-2005, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 30. Design-Build Public Works Projects › Chapter 4. Technical Review Committee › 5-30-4-3. Duties and Responsibilities

Sec. 3. (a) The technical review committee shall do the following:
(1) Qualify potential design-builders as provided in IC 5-30-5.
(2) Rate and score qualitative proposals as provided in IC 5-30-6 and IC 5-30-7.
(b) The technical review committee may interview persons submitting proposals and conduct other business necessary to fulfill the purposes of this article. However, a public agency may not require an offeror to attend more than three (3) interviews in person with the technical review committee for a design-build contract.
As added by P.L.74-2005, SEC.1. Amended by P.L.166-2011, SEC.5.
2023 Indiana Code › Title 5. State and Local Administration › Article 30. Design-Build Public Works Projects › Chapter 4. Technical Review Committee › 5-30-4-4. Open Meetings

Sec. 4. (a) Except as otherwise provided in this section, meetings of a technical review committee must be open to the public and subject to IC 5-14-1.5.
(b) A meeting of a technical review committee convened for the purpose of interviewing persons submitting qualifications or proposals is not open to the public.
(c) If each member of a technical review committee for a public project is an employee of the public agency that is undertaking the public project, the technical review committee's meetings are not open to the public.
As added by P.L.74-2005, SEC.1. Amended by P.L.166-2011, SEC.6.
2023 Indiana Code › Title 5. State and Local Administration › Article 30. Design-Build Public Works Projects › Chapter 5. Request for Qualifications › 5-30-5-1. Publication of Notice

Sec. 1. (a) Except as provided in subsection (c), when design-build contracting is used for a public project, a public agency shall publish a notice of a request for qualifications under IC 5-3-1. The notice must allow at least fourteen (14) days for potential design-builders to respond to the request for qualifications.
(b) Subsection (c) applies to a public project for which a public agency uses design-build contracting if:
(1) the public agency is a state educational institution; or
(2) the public agency is not a state educational institution and the preliminary estimated cost of the public project does not exceed five million dollars ($5,000,000).
(c) A public agency that undertakes a public project to which this subsection applies may publish a notice of a combined request for qualifications and proposals under IC 5-3-1 that includes:
(1) the information otherwise required by this chapter; and
(2) a request for proposals as otherwise provided under IC 5-30-6.
The notice must allow at least thirty (30) days for potential design-builders to respond to the combined request for qualifications and proposals.
As added by P.L.74-2005, SEC.1. Amended by P.L.166-2011, SEC.7.
2023 Indiana Code › Title 5. State and Local Administration › Article 30. Design-Build Public Works Projects › Chapter 5. Request for Qualifications › 5-30-5-2. Notice Contents

Sec. 2. A notice provided under section 1 of this chapter must provide the following information:
(1) An overview of the project and selection process including the following:
(A) A description of the project, including the:
(i) size and function of the facility that is the subject of the project;
(ii) approximate budget; and
(iii) anticipated schedule.
(B) A description of the selection process, including:
(i) the process for communications between the public agency and potential design-builders;
(ii) the schedule for the selection process;
(iii) the technical review committee procedure; and
(iv) a description of submission requirements.
(2) The general qualifications for prospective offerors, including:
(A) appropriate experience with similar projects;
(B) team experience with design-build;
(C) organizational resources and depth;
(D) licensing requirements;
(E) financial strength and bonding capacity;
(F) an offeror's history of contracting with or hiring minority business enterprises and women's business enterprises;
(G) litigation and disputes history; and
(H) experience in dealing with bonding authorities.
(3) The project specification qualifications for prospective offerors, including:
(A) team experience with the facility or building type that is the subject of the project;
(B) team performance record, including quality, schedule, and cost of each project;
(C) proposed team composition, including the team's past experience in working together;
(D) current capacity to manage the project;
(E) proposed key project personnel; and
(F) client references.
(4) A description of the qualifications statement evaluation process, which must include:
(A) an established rating system that complies with sections 4 and 5 of this chapter; and
(B) a briefing session or a formal question and answer process conducted with a potential offeror before submission of a proposal in response to a request for proposals.
As added by P.L.74-2005, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 30. Design-Build Public Works Projects › Chapter 5. Request for Qualifications › 5-30-5-3. Verified Statement of Qualifications

Sec. 3. (a) A potential design-builder responding to the request for qualifications under section 2 of this chapter must submit a verified statement of qualifications setting forth the qualifications of the potential design-builder and team members, if applicable, and provide the other information required by the request for qualifications.
(b) The verified statement of qualifications required under this section must include the following:
(1) A listing of all prime contractors and architectural and engineering firms that participate financially as part of the team.
(2) A statement that:
(A) the design-builder or the team members have completed or demonstrated the experience, competency, capability, and capacity to complete projects of similar size, scope, or complexity; and
(B) proposed key personnel have sufficient experience and training to competently manage and complete the design and construction of the project.
(3) A statement that the design-builder or team members have the licenses, registrations, and credentials required to design and construct the project, including information on the revocation or suspension of a license, credential, or registration.
(4) A statement that the design-builder has the capacity to obtain all required payment and performance bonding, liability insurance, and errors and omissions insurance.
(5) The experience modifier rate, the United States Occupational Safety and Health Administration total recordable case incident rate (TCIR) and days away, restricted or transferred case incident rate (DART) for the design-builder and each design build team, and the average United States Occupational Safety and Health Administration TCIR and DART rates for the industrial classification of the design-builder and each design-build team.
(6) A statement that the design-builder or the employees of the team performing construction services, including the employees of all subcontractors, have completed or are enrolled in an apprenticeship program certified by the United States Department of Labor Bureau of Apprenticeship and Training.
(7) Information regarding any prior serious, repeat, willful, or criminal violation of the federal Occupational Safety and Health Act of 1970 and any equivalent violation under a state plan authorized under Section 18 of the federal act that has become a final order.
(8) Information concerning the debarment, disqualification, or removal of the design-builder or a team member from a federal, state, or local government public works project.
(9) Information concerning the bankruptcy or receivership of the design-builder or a team member.
As added by P.L.74-2005, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 30. Design-Build Public Works Projects › Chapter 5. Request for Qualifications › 5-30-5-4. Rating System

Sec. 4. The technical review committee shall rate the potential design-builders responding to the request for qualifications based on the rating system described under section 2(4) of this chapter. The rating system shall include consideration of any of the following:
(1) The design-builder's experience.
(2) The design-builder's financial and bonding capacity.
(3) The design-builder's managerial resources and management plan.
(4) The design-builder's safety record.
(5) The design-builder's past performance and capacity to perform.
(6) The design-builder's ability to complete the work in a timely and satisfactory manner.
(7) Other selection criteria set forth or verified in the request for qualifications.
As added by P.L.74-2005, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 30. Design-Build Public Works Projects › Chapter 5. Request for Qualifications › 5-30-5-5. Cost Related or Price Related Evaluation Factors Prohibited

Sec. 5. The technical review committee may not consider cost related or price related evaluation factors when rating the potential design-builders.
As added by P.L.74-2005, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 30. Design-Build Public Works Projects › Chapter 5. Request for Qualifications › 5-30-5-6. Selection of Potential Design-Builders

Sec. 6. (a) The technical review committee shall select at least three (3) potential design-builders considered to be the most highly qualified to perform the required services based on the rankings of the potential design-builders. The technical review committee shall report the selection of qualified design-builders to the public agency.
(b) Notwithstanding subsection (a), if only two (2) potential design-builders respond to the request for qualifications, the technical review committee may report the two (2) potential design-builders to the public agency if the technical review committee finds that both potential design-builders are qualified to perform the required services.
(c) If:
(1) only one (1) potential design-builder responds to the request for qualifications; or
(2) only one (1) of the potential design-builders responding to the request for qualifications is qualified to perform the required services;
the public agency may not use the design-build contracting method authorized under this chapter, unless the governing body of the public agency adopts a resolution expressly authorizing the public agency to send the one (1) potential designer-builder referred to in subdivision (1) or (2) a request for proposal under IC 5-30-6. The governing body must adopt the resolution at a public meeting for which public notice has been provided.
As added by P.L.74-2005, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 30. Design-Build Public Works Projects › Chapter 6. Request for Proposals › 5-30-6-1. Request for Proposals; Design Criteria Package

Sec. 1. (a) If a separate notice of request for qualifications is issued under IC 5-30-5-1(a), the public agency shall issue a request for proposals to the potential design-builders selected under IC 5-30-5-6.
(b) Each request for proposals must contain a design criteria package.
(c) If a public project is a controlled project (as defined in IC 6-1.1-20-1.1) for which a referendum is to be held, a request for proposals may not be issued until after the public agency proposing the controlled project has completed the procedures described in IC 6-1.1-20-3.6.
As added by P.L.74-2005, SEC.1. Amended by P.L.166-2011, SEC.8.
2023 Indiana Code › Title 5. State and Local Administration › Article 30. Design-Build Public Works Projects › Chapter 6. Request for Proposals › 5-30-6-2. Design Criteria Developer; Conflict of Interest

Sec. 2. (a) The design criteria developer shall prepare the design criteria package.
(b) The design criteria developer may not submit a proposal or furnish design or construction services under the contract.
(c) The design-builder may not delegate or subcontract design services or construction services under the design-build contract to the design criteria developer.
As added by P.L.74-2005, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 30. Design-Build Public Works Projects › Chapter 6. Request for Proposals › 5-30-6-3. Design Criteria Package Requirements

Sec. 3. (a) The public agency shall determine the scope and level of detail required for the design criteria package.
(b) The design criteria package must specify the design criteria necessary to describe the public project, which may include, as appropriate, the following:
(1) A legal description and survey of the site.
(2) Interior space requirements.
(3) Special material requirements.
(4) Material quality standards.
(5) Preliminary design criteria for the project.
(6) Special equipment requirements.
(7) Cost or budget estimates.
(8) Quality assurance and quality control requirements.
(9) Site development requirements.
(10) Compliance with applicable codes and ordinances.
(11) Permits and connections to utilities.
(12) Requirements for storm water and roads.
(13) Parking requirements.
(14) Soil borings and geotechnical information or performance specifications.
(15) Life cycle costing and energy consumption requirements.
(16) Performance specifications, including warranties.
(17) Project schedule.
(18) Any other applicable requirements.
As added by P.L.74-2005, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 30. Design-Build Public Works Projects › Chapter 6. Request for Proposals › 5-30-6-4. Request for Proposals; Additional Requirements

Sec. 4. In addition to the design criteria package, a request for proposals must include the following:
(1) Instructions.
(2) Proposal forms and schedules.
(3) General and special conditions.
(4) The basis for evaluation of proposals, including a description of the selection criteria with the weight assigned to each criteria.
(5) Any other instructions, documents, or information relevant to the public project that the public agency considers relevant.
As added by P.L.74-2005, SEC.1. Amended by P.L.252-2015, SEC.16.
2023 Indiana Code › Title 5. State and Local Administration › Article 30. Design-Build Public Works Projects › Chapter 6. Request for Proposals › 5-30-6-5. Qualitative Proposal and Price Proposal Required

Sec. 5. The request for proposals must include the requirement that a proposal be submitted in the following two (2) packages:
(1) A qualitative proposal.
(2) A price proposal.
As added by P.L.74-2005, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 30. Design-Build Public Works Projects › Chapter 6. Request for Proposals › 5-30-6-5.5. Deliverables for a Qualitative Proposal

Sec. 5.5. The deliverables required for a qualitative proposal in a request for proposals may not exceed the following, as considered appropriate for the type of project by the technical review committee for the public project:
(1) All information requested in the design criteria package.
(2) A conceptual site plan.
(3) Conceptual building, systems, and equipment plans.
(4) Conceptual elevations.
(5) A project description narrative.
(6) A project schedule.
As added by P.L.166-2011, SEC.9.
2023 Indiana Code › Title 5. State and Local Administration › Article 30. Design-Build Public Works Projects › Chapter 7. Selection and Award › 5-30-7-1. Proposal Requirements

Sec. 1. A proposal submitted in response to a request for proposals described in IC 5-30-6 must satisfy the following:
(1) The qualitative proposal and the price proposal must be submitted simultaneously in separately sealed and identified packages. The price proposal must remain sealed until opened in public under section 5 of this chapter.
(2) A proposal must identify each person with whom the offeror proposes to enter into subcontracts for primary design services and primary construction services, including any subcontractors, under the design-build contract. The public agency may determine requirements under this section.
(3) The price proposal must:
(A) contain one (1) lump sum cost of all design, construction engineering, inspection, and construction costs of the proposed project; or
(B) establish a maximum cost of the design-build contract that will not be exceeded if the proposal is accepted without change.
(4) The qualitative proposal must include all the deliverables required for the qualitative proposal in the request for proposals.
As added by P.L.74-2005, SEC.1. Amended by P.L.166-2011, SEC.10.
2023 Indiana Code › Title 5. State and Local Administration › Article 30. Design-Build Public Works Projects › Chapter 7. Selection and Award › 5-30-7-2. Submission of Proposals to Technical Review Committee

Sec. 2. (a) The public agency shall submit the qualitative proposals to the technical review committee.
(b) The public agency may require clarifications from an offeror to ensure conformance of proposals with the design criteria and administrative requirements.
(c) The technical review committee may not consider a proposal until the design criteria developer provides its professional opinion that the proposal conforms with the design criteria.
As added by P.L.74-2005, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 30. Design-Build Public Works Projects › Chapter 7. Selection and Award › 5-30-7-3. Scoring of Proposals

Sec. 3. (a) The technical review committee shall review the qualitative proposals and establish a score for each qualitative proposal based on the factors, weighting, and process identified in the request for proposals.
(b) The technical review committee shall give a written comprehensive score for each qualitative proposal.
(c) A written comprehensive score for a qualitative proposal must include the following:
(1) An explanation of the scoring methodology adopted by the technical review committee that is sufficiently detailed to enable an independent observer to calculate the composite score for the qualitative proposal from the scores described in subdivision (2).
(2) For each factor used in calculating the composite score of the qualitative proposal, the following:
(A) The unweighted score awarded by each member of the technical review committee for the factor.
(B) The unweighted score of the technical review committee as a whole for the factor, calculated from the individual scores described in clause (A).
(C) The weight for the factor, if all factors are not given equal weight in calculating the composite score for the qualitative proposal.
(D) The weighted score for the factor, if a weight specified under clause (C) is used to adjust the unweighted score determined under clause (B) for the factor.
(3) The composite score for the qualitative proposal, calculated from the scores described in subdivision (2) in accordance with the scoring methodology adopted by the technical review committee.
As added by P.L.74-2005, SEC.1. Amended by P.L.166-2011, SEC.11.
2023 Indiana Code › Title 5. State and Local Administration › Article 30. Design-Build Public Works Projects › Chapter 7. Selection and Award › 5-30-7-4. Opening of Price Proposals; Notice

Sec. 4. The public agency shall notify all offerors of the date, time, and location of the public opening of the sealed price proposals at least seven (7) days before the opening date.
As added by P.L.74-2005, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 30. Design-Build Public Works Projects › Chapter 7. Selection and Award › 5-30-7-5. Adjusted Price

Sec. 5. The public agency shall publicly open the sealed price proposals and divide each offeror's price by the written composite score that the technical review committee has given to each qualitative proposal to obtain an adjusted price.
As added by P.L.74-2005, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 30. Design-Build Public Works Projects › Chapter 7. Selection and Award › 5-30-7-6. Basis for Accepting Proposal

Sec. 6. The public agency shall accept the proposal that provides the public agency with the lowest adjusted price providing the best value to the taxpayer. The public agency is not required to accept the lowest price proposal.
As added by P.L.74-2005, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 30. Design-Build Public Works Projects › Chapter 7. Selection and Award › 5-30-7-7. Rejection of Proposals

Sec. 7. The public agency may reject any and all proposals, except for the purpose of evading the provisions and policies of this article. A public agency must make a rejection of proposals under this section in a written document that states the reasons for rejecting proposals.
As added by P.L.74-2005, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 30. Design-Build Public Works Projects › Chapter 7. Selection and Award › 5-30-7-8. Negotiation of Contract Terms

Sec. 8. (a) The public agency may negotiate any contract term with the offeror selected under section 6 of this chapter, except for those terms identified in the request for proposals as nonnegotiable.
(b) If the public agency is unable to negotiate a contract with its first selection, the public agency may:
(1) terminate negotiations with that offeror; and
(2) negotiate with the next lowest adjusted price offeror.
A public agency shall continue in accordance with this procedure until a contract agreement is reached or the selection process is terminated.
As added by P.L.74-2005, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 30. Design-Build Public Works Projects › Chapter 7. Selection and Award › 5-30-7-9. Ownership of Drawings, Specifications, and Information

Sec. 9. (a) Unless and until a proposal is accepted, the drawings, specifications, and other information in the proposal are the property of the offeror.
(b) After a proposal is accepted, ownership of the drawings, specifications, and information in the drawings and specifications shall be determined under Indiana law and the terms of the design-build contract.
As added by P.L.74-2005, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 30. Design-Build Public Works Projects › Chapter 8. Miscellaneous Provisions › 5-30-8-0.1. Application of Certain Amendments to Chapter

Sec. 0.1. The amendments made to section 4 of 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.115.
2023 Indiana Code › Title 5. State and Local Administration › Article 30. Design-Build Public Works Projects › Chapter 8. Miscellaneous Provisions › 5-30-8-1. Changes in Public Project; Validity of Design-Build Contract

Sec. 1. A design-build contract may be conditional upon subsequent refinements in scope and price and may permit the public agency to make changes in the scope of the project without invalidating the design-build contract.
As added by P.L.74-2005, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 30. Design-Build Public Works Projects › Chapter 8. Miscellaneous Provisions › 5-30-8-2. Replacement of Subcontractor for Primary Design Services and Construction Services

Sec. 2. (a) A person identified under IC 5-30-7-1(2) as a person with whom the design-builder proposes to enter into subcontracts for primary design services and primary construction services under the design-build contract may not be replaced without the approval of the public agency and a written determination by the public agency that a legitimate reason exists for the replacement.
(b) If a design-builder violates subsection (a), the public agency may cancel the award of or may terminate a design-build contract.
As added by P.L.74-2005, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 30. Design-Build Public Works Projects › Chapter 8. Miscellaneous Provisions › 5-30-8-3. Adjustment of Maximum Cost by Agreement

Sec. 3. After award under this article, the maximum cost established in the successful proposal may be adjusted by negotiated agreement between the public agency and the design-builder to reflect modifications in the proposed design-build project.
As added by P.L.74-2005, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 30. Design-Build Public Works Projects › Chapter 8. Miscellaneous Provisions › 5-30-8-4. Performance and Payment Bonds Required

Sec. 4. (a) The public agency:
(1) shall require the design-builder to furnish performance and payment bonds for the project if the estimated cost of the project is more than two hundred thousand dollars ($200,000); and
(2) may require the design-builder to furnish performance and payment bonds for the project if the estimated cost of the project is not more than two hundred thousand dollars ($200,000).
(b) A performance or payment bond is not required for, and does not provide coverage for, the part of a design-build contract that includes design services only.
(c) Subsection (b) does not impair the ability of the public agency to seek recovery under the contract from the design-builder for errors, omissions, or defects in the design services.
As added by P.L.74-2005, SEC.1. Amended by P.L.133-2007, SEC.8.
2023 Indiana Code › Title 5. State and Local Administration › Article 30. Design-Build Public Works Projects › Chapter 8. Miscellaneous Provisions › 5-30-8-5. Certain Acts by Public Agency Prohibited

Sec. 5. A public agency may not, with respect to a public project covered by this article, require an offeror to:
(1) make application to;
(2) furnish financial data to; or
(3) obtain any of the surety bonds, or surety bond components of wrap-up insurance, that are specified in connection with a design-build contract or specified by any law from;
any particular insurance or surety company, agent, or broker.
As added by P.L.74-2005, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 30. Design-Build Public Works Projects › Chapter 8. Miscellaneous Provisions › 5-30-8-6. Repealed

As added by P.L.74-2005, SEC.1. Amended by P.L.18-2011, SEC.3; P.L.6-2012, SEC.39. Repealed by P.L.252-2015, SEC.17.
2023 Indiana Code › Title 5. State and Local Administration › Article 32. Employment of Construction Managers as Constructors for Projects › Chapter 1. General Provisions › 5-32-1-1. Repealed

As added by P.L.128-2014, SEC.1. Amended by P.L.178-2018, SEC.1. Repealed by P.L.204-2019, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 32. Employment of Construction Managers as Constructors for Projects › Chapter 1. General Provisions › 5-32-1-2. Application of Public Works Statutes

Sec. 2. Except as provided in this article, the applicable public works statute applies to the construction projects of the particular public agency performed under this article.
As added by P.L.128-2014, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 32. Employment of Construction Managers as Constructors for Projects › Chapter 2. Definitions › 5-32-2-2. "Applicable Public Works Statute"

Sec. 2. "Applicable public works statute" refers to whichever of the following statutes is applicable to public works projects of the public agency:
(1) IC 4-13.6.
(2) IC 5-16.
(3) IC 36-1-12.
(4) Any other statute applicable to the public works projects of the public agency.
As added by P.L.128-2014, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 32. Employment of Construction Managers as Constructors for Projects › Chapter 2. Definitions › 5-32-2-3. "Applicable Contract Award Standard"

Sec. 3. "Applicable contract award standard" refers to the following:
(1) If the applicable public works statute is IC 4-13.6 or IC 36-1-12, the applicable contract award standard is "lowest responsive and responsible".
(2) If the applicable public works statute is IC 5-16, the applicable contract award standard is "lowest and best".
(3) If the applicable public works statute is a statute other than the statutes referred to in subdivision (1) or (2), the applicable contract award standard is the standard prescribed by the other public works statute that is the equivalent to "lowest responsive and responsible" or "lowest and best".
As added by P.L.128-2014, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 32. Employment of Construction Managers as Constructors for Projects › Chapter 2. Definitions › 5-32-2-5. "Cmc" or "Construction Manager as Constructor"

Sec. 5. "CMc" or "construction manager as constructor" means a person that provides CMc services.
As added by P.L.128-2014, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 32. Employment of Construction Managers as Constructors for Projects › Chapter 2. Definitions › 5-32-2-7. "Cmc Services"

Sec. 7. "CMc services" includes the following:
(1) Preconstruction phase services, including advice during the preconstruction phase of the project as described in the RFP.
(2) Consultation, collaboration, project construction management, and other services as described in the RFP, regarding the construction during and after the design and construction phases. However, the CMc may not procure the project professional architectural and engineering design services. The public agency must directly contract for the services of the architect and engineer of record.
(3) Development of a construction schedule, estimated cost of construction, and analysis of qualifications of first tier subcontractors.
(4) Subject to the CMc contract, a guarantee of:
(A) the cost of the project; and
(B) the project schedule.
As added by P.L.128-2014, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 32. Employment of Construction Managers as Constructors for Projects › Chapter 2. Definitions › 5-32-2-9. "Evaluation Committee"

Sec. 9. "Evaluation committee" refers to a group of individuals who are responsible for evaluating the responses of offerors to the RFP.
As added by P.L.128-2014, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 32. Employment of Construction Managers as Constructors for Projects › Chapter 2. Definitions › 5-32-2-10. "First Tier Subcontractor"

Sec. 10. "First tier subcontractor" refers to a subcontractor who contracts directly with the CMc.
As added by P.L.128-2014, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 32. Employment of Construction Managers as Constructors for Projects › Chapter 2. Definitions › 5-32-2-14. "Project"

Sec. 14. (a) "Project" means the construction, remodeling, rehabilitation, or repair of buildings or other facilities owned by a public agency as described in the RFP.
(b) The term does not include the construction, remodeling, rehabilitation, or repair of roads, highways, bridges, or potable water or wastewater infrastructure.
As added by P.L.128-2014, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 32. Employment of Construction Managers as Constructors for Projects › Chapter 2. Definitions › 5-32-2-15. "Public Agency"

Sec. 15. "Public agency" includes all of the following:
(1) The meaning set forth in IC 5-30-1-11.
(2) A public library (as defined in IC 36-12-1-5).
(3) The health and hospital corporation created by IC 16-22-8-6.
As added by P.L.128-2014, SEC.1. Amended by P.L.178-2018, SEC.3; P.L.204-2019, SEC.2.
2023 Indiana Code › Title 5. State and Local Administration › Article 32. Employment of Construction Managers as Constructors for Projects › Chapter 2. Definitions › 5-32-2-16. "Request for Proposals" or "Rfp"

Sec. 16. "Request for proposals" or "RFP" refers to the process by which a public agency solicits persons to provide CMc services under this article.
As added by P.L.128-2014, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 32. Employment of Construction Managers as Constructors for Projects › Chapter 3. Request for Proposals › 5-32-3-1. Selection of Cmc

Sec. 1. If a public agency chooses to use the procedures set forth in this article when performing a public works project, the public agency shall select a CMc as provided in this chapter.
As added by P.L.128-2014, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 32. Employment of Construction Managers as Constructors for Projects › Chapter 3. Request for Proposals › 5-32-3-2. Request for Proposals; Notice

Sec. 2. (a) The public agency shall issue a request for proposals.
(b) Notice of a request for proposals shall be given as other notices are required to be given under the applicable public works statute.
As added by P.L.128-2014, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 32. Employment of Construction Managers as Constructors for Projects › Chapter 3. Request for Proposals › 5-32-3-3. Contents of Request for Proposals

Sec. 3. (a) A request for proposals must include at least the following:
(1) A statement of the criteria, process, and procedures, which must include consideration of qualifications and fees, by which:
(A) an offeror will be evaluated;
(B) a CMc will be selected; and
(C) a CMc contract will be awarded.
(2) Information about how the GMP may be established as part of the contract.
(3) A description of the insurance requirements for the CMc.
(b) The statement of the criteria for evaluation of offerors under subsection (a) must include a statement that each offeror's:
(1) history of contracting with or hiring minority, women, and veteran business enterprises; and
(2) good faith efforts to fulfill the state's goals for contracting with or hiring minority, women, and veteran business enterprises;
will be considered in the evaluation of the offeror's proposal.
As added by P.L.128-2014, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 32. Employment of Construction Managers as Constructors for Projects › Chapter 3. Request for Proposals › 5-32-3-4. Offerors Selected to Meet With Evaluation Committee; Equal Treatment of All Selected Offerors

Sec. 4. Each offeror selected to meet with the evaluation committee, based on the evaluation committee's review of the RFP responses, must be given an equal opportunity to meet and communicate with the evaluation committee.
As added by P.L.128-2014, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 32. Employment of Construction Managers as Constructors for Projects › Chapter 3. Request for Proposals › 5-32-3-5. Summary of Evaluation Committee's Evaluation; Availability to Public

Sec. 5. A summary of the evaluation committee's evaluation of each offeror is subject to disclosure under IC 5-14-3, but only after the CMc contract has been awarded.
As added by P.L.128-2014, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 32. Employment of Construction Managers as Constructors for Projects › Chapter 3. Request for Proposals › 5-32-3-6. Contract Negotiation With Selected Offeror

Sec. 6. If the public agency determines to proceed with the project, the public agency shall enter into negotiations with the offeror whose proposal has been selected by the evaluation committee considering:
(1) the responses to the RFP;
(2) any interviews with selected offerors; and
(3) evaluation of fees.
As added by P.L.128-2014, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 32. Employment of Construction Managers as Constructors for Projects › Chapter 3. Request for Proposals › 5-32-3-7. Cmc Performance of Work

Sec. 7. A CMc may perform a part of the work only if:
(1) the public agency approves of the CMc's performance of the work;
(2) the CMc would be awarded a contract for the work under the applicable contract award standard; and
(3) the CMc performs only such work that equals not more than twenty percent (20%) of the total value of the project.
As added by P.L.128-2014, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 32. Employment of Construction Managers as Constructors for Projects › Chapter 4. Cmc Contract › 5-32-4-1. Negotiation of Cmc Contract Terms and Conditions

Sec. 1. After the public agency has selected an offeror to be the CMc, the public agency and that offeror may negotiate the final terms and conditions of the contract for CMc services for the project.
As added by P.L.128-2014, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 32. Employment of Construction Managers as Constructors for Projects › Chapter 4. Cmc Contract › 5-32-4-2. Cmc to Provide Payment and Performance Bonds; Construction May Not Proceed Without Bonds

Sec. 2. (a) Subject to this article, the CMc contract must require the CMc to provide payment and performance bonds in an amount not less than the estimated construction costs of the project or the GMP, as provided by the RFP.
(b) Construction may not be performed until the CMc has provided the bonds for that construction as required in the RFP and IC 5-32-6.
As added by P.L.128-2014, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 32. Employment of Construction Managers as Constructors for Projects › Chapter 4. Cmc Contract › 5-32-4-3. Contract Provisions; Adjustment of Compensation, Other Incentives

Sec. 3. A CMc contract must describe the details of any adjustment of compensation or other incentives negotiated between the public agency and the CMc.
As added by P.L.128-2014, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 32. Employment of Construction Managers as Constructors for Projects › Chapter 4. Cmc Contract › 5-32-4-4. Cost Overrun or Delay Damages; Early Completion Incentives

Sec. 4. A CMc contract may describe whether the CMc and the public agency agree to any cost overrun or delay damages or early completion incentives.
As added by P.L.128-2014, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 32. Employment of Construction Managers as Constructors for Projects › Chapter 4. Cmc Contract › 5-32-4-6. Termination of Cmc Contract

Sec. 6. A public agency or CMc may terminate the CMc contract before the GMP has been determined, if the RFP provides for a GMP.
As added by P.L.128-2014, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 32. Employment of Construction Managers as Constructors for Projects › Chapter 4. Cmc Contract › 5-32-4-7. Public Agency Options if Cmc Contract Terminated or Not Executed

Sec. 7. (a) If any of the following occur, the public agency may proceed as described in subsection (b):
(1) The CMc contract is terminated under section 6 of this chapter.
(2) The public agency and the selected offeror are unable to reach agreement on a CMc contract.
(3) The selected offeror does not provide the required bonds as provided in the RFP or this article.
(b) If any of the events described in subsection (a)(1), (a)(2), or (a)(3) occur, the public agency may do any of the following:
(1) Negotiate a contract with another offeror.
(2) Award contracts and complete the project under any other applicable public works statute.
(3) Terminate the project.
As added by P.L.128-2014, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 32. Employment of Construction Managers as Constructors for Projects › Chapter 4. Cmc Contract › 5-32-4-8. Determination of Gmp

Sec. 8. A CMc contract may describe if and when the GMP will be determined. If a GMP is established, the contract must describe all clarifications and assumptions on which the GMP is based.
As added by P.L.128-2014, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 32. Employment of Construction Managers as Constructors for Projects › Chapter 5. Cmc Award of First Tier Subcontracts › 5-32-5-1. Cmc Must Comply With Applicable Public Works Statute in Award of First Tier Subcontracts

Sec. 1. The CMc shall comply with all notice, bidding, construction, and contract administration requirements relating to public works contracts that the public agency must comply with under the applicable public works statutes.
As added by P.L.128-2014, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 32. Employment of Construction Managers as Constructors for Projects › Chapter 5. Cmc Award of First Tier Subcontracts › 5-32-5-2. Award of First Tier Subcontracts; Prequalification of Potential Bidders

Sec. 2. (a) A first tier subcontract shall be awarded to the bidder for that contract that would be awarded the contract under the applicable contract award standard.
(b) Before award of a first tier subcontract, the CMc may prequalify potential bidders based on written criteria established and published by the public agency. Otherwise, the applicable public works statute applies.
As added by P.L.128-2014, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 32. Employment of Construction Managers as Constructors for Projects › Chapter 5. Cmc Award of First Tier Subcontracts › 5-32-5-3. Information About Bidders Submitted With Bid

Sec. 3. Each bidder must submit under oath as a part of the bid a statement of the following information:
(1) The bidder's professional experience.
(2) The bidder's proposed plan for performing the work.
(3) The equipment and personnel available for the performance of the work.
(4) The bidder's current financial status.
(5) The bidder's best estimate of the cost of each item of work to be performed, including a breakdown of all labor and materials required to complete the work.
As added by P.L.128-2014, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 32. Employment of Construction Managers as Constructors for Projects › Chapter 5. Cmc Award of First Tier Subcontracts › 5-32-5-4. Cmc Contracts With First Tier Subcontractors

Sec. 4. Once a bidder is selected, the CMc's contract with that bidder must include terms and conditions that are designed to accomplish the work at the lowest possible cost to the public agency.
As added by P.L.128-2014, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 32. Employment of Construction Managers as Constructors for Projects › Chapter 5. Cmc Award of First Tier Subcontracts › 5-32-5-5. Public Inspection and Copying of Bids

Sec. 5. (a) Except as provided in subsection (b), a bid is a public record subject to public inspection under IC 5-14-3.
(b) A bid is not subject to inspection and copying under IC 5-14-3 until a contract has been awarded or the solicitation of bids has been canceled.
As added by P.L.128-2014, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 32. Employment of Construction Managers as Constructors for Projects › Chapter 6. Bonds › 5-32-6-1. Cmc Payment Bond

Sec. 1. The CMc shall execute a payment bond to the public agency, approved by the public agency, in an amount equal to the GMP, if established, or the proposed construction cost. The payment bond must be conditioned for payment by the CMc, the CMc's successors and assigns, and by the first tier subcontractors, their successors and assigns, of all indebtedness that may accrue to any person for any labor or service performed, materials furnished, or service rendered in the project. The bond by its terms must be conditioned to directly inure to the benefit of subcontractors, laborers, suppliers of materials, and those performing service who have furnished or supplied labor, material, or service for the project.
As added by P.L.128-2014, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 32. Employment of Construction Managers as Constructors for Projects › Chapter 6. Bonds › 5-32-6-2. Cmc Performance Bond

Sec. 2. (a) The CMc shall furnish proof of its ability to obtain a valid performance bond that is acceptable to the public agency in an amount equal to the GMP, if established, or the proposed construction cost.
(b) The CMc shall furnish the bond at the time of an early release construction package or when the GMP is determined and provided to the public agency.
(c) If the bond is acceptable to the public agency, the performance bond may provide for incremental bonding in the form of multiple or chronological bonds that, when taken as a whole, equal the GMP, if established, or the proposed construction cost. The surety on the bond shall not be released for a period of one (1) year after final settlement with the CMc. A change, modification, omission, or addition in and to the terms or conditions of the contract, plans, specifications, drawings, or profile or any irregularity or defect in the contract or in the proceedings preliminary to the letting and awarding of the CMc contract does not in any way affect or operate to release or discharge the surety.
As added by P.L.128-2014, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 33. Indiana Destination Development Corporation › Chapter 3. Indiana Destination Development Corporation › 5-33-3-2. Body Corporate and Politic; Accounting Compliance

Sec. 2. (a) The corporation is:
(1) a public body corporate and politic; and
(2) an instrumentality of the state.
(b) The corporation is separate from the state. However, the exercise by the corporation of its powers is an essential governmental function.
(c) The board may engage an independent certified public accounting firm to conduct an examination of:
(1) the corporation and the corporation's funds, accounts, and financial affairs; and
(2) a nonprofit subsidiary corporation established under IC 5-33-5-14.
The examination must comply with the uniform compliance guidelines, directives, and standards established by the state board of accounts. If an independent certified public accounting firm conducts an examination, the corporation shall submit a copy of the examination report to the state board of accounts not later than the next date on which the corporation is required to file its financial reports under IC 5-11-1-4.
As added by P.L.78-2019, SEC.5. Amended by P.L.68-2023, SEC.2.