reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 4. State Offices and Administration › Article 13.6. State Public Works › Chapter 3. Public Works Division › 4-13.6-3-1. Duties of Department; Assignment of Public Works Project

Sec. 1. (a) Except as provided in IC 4-13.6-4, the department shall:
(1) adopt rules under IC 4-22-2 necessary to carry out this article;
(2) consider and decide matters of policy under this article; and
(3) enforce this article and the rules adopted under it.
However, the department may not impair rights or obligations of the state or of a contractor under a contract in existence on the effective date of a rule.
(b) The commissioner may assign a public works project or a designated part of a public works project normally under the jurisdiction of the division to another division of the department. However, the commissioner may make this assignment only if the commissioner makes a written determination that:
(1) the estimated cost of the entire project is less than one hundred thousand dollars ($100,000);
(2) in the commissioner's judgment, it is in the interest of efficiency and economy to make the assignment; and
(3) in the commissioner's judgment, the other division of the department to which the assignment is made and the laws that govern that division make that division better suited to accomplish the assignment.
When executing the project, the other division of the department to which the project is assigned must follow all laws governing that division in accomplishing the assignment.
(c) Notwithstanding subsection (b), the commissioner may generally assign public works projects, regardless of the cost, when the projects are for the routine operation, routine repair, or routine maintenance of existing structures, buildings, or real property to any division of the department that the commissioner determines is appropriate without making a written determination under subsection (b).
As added by P.L.24-1985, SEC.7. Amended by P.L.5-1993, SEC.9.
2023 Indiana Code › Title 4. State Offices and Administration › Article 13.6. State Public Works › Chapter 3. Public Works Division › 4-13.6-3-2. Establishment of Division; Powers and Duties; Determination of Project Value

Sec. 2. (a) The public works division is established within the department. Subject to this article, the division shall:
(1) prepare or supervise preparation of contract documents for public works projects;
(2) approve contract documents for public works projects;
(3) advertise for bids for public works contracts;
(4) recommend to the commissioner award of public works contracts;
(5) supervise and inspect all work relating to public works projects;
(6) recommend to the commissioner approval of any necessary lawful changes in contract documents relating to a public works contract that has been awarded;
(7) approve or reject estimates for payment;
(8) accept or reject a public works project; and
(9) administer this article.
(b) Except as provided in IC 4-13.6-5-4(d) and subject to IC 4-13.6-2-6, whenever in this article a duty is specified or authority is granted that relates to the estimated dollar value of a public works project, the director shall make the determination of the value of the project. Such a determination of the director is final and conclusive and is the amount against which the existence of the duty or the authority shall be determined, even if it is later found that the determination of the director was erroneous.
(c) The division may delegate any of its authority to a governmental body.
As added by P.L.24-1985, SEC.7. Amended by P.L.172-2011, SEC.3.
2023 Indiana Code › Title 4. State Offices and Administration › Article 13.6. State Public Works › Chapter 3. Public Works Division › 4-13.6-3-3. Certification Board

Sec. 3. (a) There is established a certification board. The following persons shall serve on the certification board:
(1) The director of engineering of the department of natural resources.
(2) The director.
(3) The state building commissioner of the department of homeland security.
(b) The board shall administer IC 4-13.6-4.
As added by P.L.24-1985, SEC.7. Amended by P.L.1-2006, SEC.65; P.L.101-2006, SEC.1; P.L.160-2006, SEC.3; P.L.218-2014, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 13.6. State Public Works › Chapter 3. Public Works Division › 4-13.6-3-4. Increased Compensation for Early Performance of Contracts; Deductions for Late Completion of Contracts; Notice

Sec. 4. (a) The commissioner may specify in a contract that early performance of the contract will result in increased compensation at either:
(1) a percentage of the contract amount; or
(2) a specific dollar amount;
determined by the commissioner.
(b) The commissioner may specify in a contract that completion of the contract after the termination date of the contract will result in a deduction from the compensation in the contract at either:
(1) a percentage of the contract amount; or
(2) a specific dollar amount;
determined by the commissioner.
(c) Notice of inclusion of contract provisions permitted under this section in a contract must be included in the solicitation.
As added by P.L.5-1993, SEC.10.
2023 Indiana Code › Title 4. State Offices and Administration › Article 13.6. State Public Works › Chapter 4. Qualification for State Public Works Projects › 4-13.6-4-1. Application of Chapter

Sec. 1. This chapter governs the qualification and classification of contractors and of persons desiring to perform professional services relating to a public works project.
As added by P.L.24-1985, SEC.7.
2023 Indiana Code › Title 4. State Offices and Administration › Article 13.6. State Public Works › Chapter 4. Qualification for State Public Works Projects › 4-13.6-4-2. Applications for Qualification; Forms; Confidentiality

Sec. 2. (a) All persons desiring to perform professional services relating to a public works project must apply to the board for qualification.
(b) A contractor is not required to apply to the board for qualification before submitting a bid on a public works contract unless the estimated cost of the project is one hundred fifty thousand dollars ($150,000) or more.
(c) An applicant for qualification under this chapter shall use the forms prescribed by the board. The board shall provide separate and specific forms for contractors and for persons desiring to perform professional services.
(d) An applicant must verify the applicant's application.
(e) Notwithstanding IC 5-14-3-4(a)(5), a financial statement submitted to the board under this chapter is considered confidential financial information for purposes of IC 5-14-3.
As added by P.L.24-1985, SEC.7. Amended by P.L.29-1993, SEC.4; P.L.12-2002, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 13.6. State Public Works › Chapter 4. Qualification for State Public Works Projects › 4-13.6-4-2.5. Applicability of Qualification Requirement Under Ic 5-16-13; Exemption for Local Unit Projects

Sec. 2.5. (a) The definitions in IC 5-16-13 apply to this section.
(b) For purposes of IC 5-16-13-10(c) and this section, the following apply:
(1) A contractor must be qualified under this chapter before doing any work on a public works project that is a public work:
(A) as defined by IC 4-13.6-1-13; or
(B) as defined by IC 36-1-12-2, excluding the construction, alteration, or repair of a highway, street, or alley.
(2) A supplier (as defined by IC 4-13.6-1-20) is not required to be qualified under this chapter before doing any work on a public works project.
(c) Notwithstanding the applicability date specified in IC 5-16-13-10(c) and subject to subsection (d), the requirement that a contractor must be qualified under this chapter before doing any work on a public works project applies to a public works contract awarded after December 31, 2016.
(d) This subsection applies to a public works project awarded after December 31, 2016, by a local unit. A contractor in any contractor tier is not required to be qualified under this chapter before doing any work on a public works project awarded by a local unit whenever:
(1) the total amount of the contract awarded to the contractor for work on the public works project is less than three hundred thousand dollars ($300,000); and
(2) the local unit complies with IC 36-1-12 in awarding the contract for the public works project.
As added by P.L.144-2016, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 13.6. State Public Works › Chapter 4. Qualification for State Public Works Projects › 4-13.6-4-3. Examination of Applications

Sec. 3. The board shall examine an application for qualification within forty-five (45) days after receiving it. In making its examination, the board shall make any necessary investigations and determine whether the applicant is competent and responsible and possesses the financial resources and experience necessary to comply with this chapter and the board's rules.
As added by P.L.24-1985, SEC.7.
2023 Indiana Code › Title 4. State Offices and Administration › Article 13.6. State Public Works › Chapter 4. Qualification for State Public Works Projects › 4-13.6-4-4. Certificates of Qualification

Sec. 4. (a) If, after its examination, the board finds that an applicant possesses the qualifications prescribed by this chapter and by its rules, the board shall issue the applicant a certificate of qualification. A certificate of qualification issued under this chapter is valid for a period of twenty-seven (27) months from the date of its issuance, unless revoked by the board for cause.
(b) Except for restrictions as to the amount or class of work or services that the board may place in the certificate, the certificate of qualification authorizes a contractor to bid on all proposed public works contracts and authorizes a person offering to perform professional services to perform those services.
(c) A person that holds a certificate of qualification shall notify the board of any material changes in information in the application submitted to the board.
(d) The board may revoke a certificate of qualification after it notifies the holder of the certificate and provides the holder with an opportunity to be heard on the proposed revocation. The notice must be in writing and must state the grounds of the proposed revocation.
As added by P.L.24-1985, SEC.7. Amended by P.L.58-1999, SEC.7 and P.L.172-1999, SEC.7.
2023 Indiana Code › Title 4. State Offices and Administration › Article 13.6. State Public Works › Chapter 4. Qualification for State Public Works Projects › 4-13.6-4-4.5. Public Availability of Certificates of Qualification

Sec. 4.5. The board shall make available for public inspection during regular office hours and on the Internet a list of the contractors holding a valid certificate of qualification issued by the board under this chapter.
As added by P.L.144-2016, SEC.2.
2023 Indiana Code › Title 4. State Offices and Administration › Article 13.6. State Public Works › Chapter 4. Qualification for State Public Works Projects › 4-13.6-4-5. Applications for Qualification; Contents

Sec. 5. (a) The board shall require an application for qualification submitted by a person seeking to perform professional services to include the following information:
(1) Name of the firm.
(2) Principal members of the firm.
(3) Registrations of the principal members of the firm.
(4) Experience of the principal members of the firm.
(5) Office or position occupied by each principal member of the firm.
(6) Professional affiliations of each principal member of the firm.
(7) History of the firm.
(8) Statistics on staff of the firm.
(9) Experience of the firm classified as to types of work and providing the names of and status of work, both public and private.
(10) The geographical location of all offices of the firm.
(11) Financial and general references.
(12) If the person is a trust (as defined in IC 30-4-1-1(a)), the name of each:
(A) beneficiary of the trust; and
(B) settlor empowered to revoke or modify the trust.
(b) In addition to the information required by subsection (a), each applicant must supply a list of at least five (5) specific projects that the applicant has completed within the past five (5) years, together with the name and address of the person with whom the applicant contracted for the work.
(c) The board may require an applicant to submit any other information that it requires to make a determination regarding the application.
As added by P.L.24-1985, SEC.7. Amended by P.L.336-1989(ss), SEC.8.
2023 Indiana Code › Title 4. State Offices and Administration › Article 13.6. State Public Works › Chapter 4. Qualification for State Public Works Projects › 4-13.6-4-6. Certificates of Qualification; Standards for Issuance

Sec. 6. (a) The board may issue an applicant a certificate of qualification as a contractor only if:
(1) the applicant's stated bonding limit, as evidenced by a verified statement from a bonding company licensed to do business in Indiana, is one hundred fifty thousand dollars ($150,000) or more; and
(2) the applicant's experience, past performance, and reputation are such that, in the judgment of the board, the contractor will satisfactorily execute and perform contracts that may be awarded under this article.
(b) An application for qualification as a contractor must expressly authorize the board to obtain all information that it considers pertinent with respect to the reputation for honesty and fair dealing of the applicant and to obtain this information from surety companies, dealers in material, equipment, and supplies, or other persons having business transactions with the applicant. The application must also expressly authorize all financial institutions or other persons to furnish this information, as requested by the board.
(c) The board may require a qualified contractor to provide information relating to its qualifications at the intervals set by the board. However, the board may not require this information more often than quarterly or with the submission of a public works contract bid.
As added by P.L.24-1985, SEC.7. Amended by P.L.22-1997, SEC.2.
2023 Indiana Code › Title 4. State Offices and Administration › Article 13.6. State Public Works › Chapter 4. Qualification for State Public Works Projects › 4-13.6-4-7. Foreign Corporations; Applications for Qualifications

Sec. 7. If an applicant for qualification is a foreign corporation, the applicant's application must be accompanied by a certificate of the secretary of state that the applicant is authorized to do business in Indiana or a statement from the secretary of state that the applicant is not required to register under relevant Indiana corporation laws.
As added by P.L.24-1985, SEC.7.
2023 Indiana Code › Title 4. State Offices and Administration › Article 13.6. State Public Works › Chapter 4. Qualification for State Public Works Projects › 4-13.6-4-8. Residency of Applicants

Sec. 8. This chapter shall be administered without reference to the residence of an applicant. This chapter and the rules of the board adopted under section 9 of this chapter apply equally to residents and nonresidents of the state of Indiana.
As added by P.L.24-1985, SEC.7.
2023 Indiana Code › Title 4. State Offices and Administration › Article 13.6. State Public Works › Chapter 4. Qualification for State Public Works Projects › 4-13.6-4-9. Rules

Sec. 9. The board may adopt rules under IC 4-22-2 that the board considers proper for the purpose of carrying out this chapter and insuring to the state of Indiana and to the public the award of all public works and professional service contracts to competent and responsible persons. These rules may cover the requirements of the board with respect to past record, experience, equipment, personnel of the organization, ability to perform, and other matters that the board considers necessary to enable it to pass upon the qualifications of applicants.
As added by P.L.24-1985, SEC.7.
2023 Indiana Code › Title 4. State Offices and Administration › Article 13.6. State Public Works › Chapter 4. Qualification for State Public Works Projects › 4-13.6-4-10. Subcontracts; Breach of Contract

Sec. 10. (a) A contractor having a contract with the division for a public works project may enter into a subcontract with a value of one hundred fifty thousand dollars ($150,000) or more, involving the performance of any part of the public work upon which the contractor may be engaged only if the subcontractor has been properly qualified under the terms of this chapter for the work subcontracted.
(b) A contractor that enters into a public works contract with an estimated cost of one hundred fifty thousand dollars ($150,000) or more must complete at least fifteen percent (15%) of the work (measured in dollars of the total contract price) with its own forces. The director may determine whether a contractor has completed at least fifteen percent (15%) of the work with its own forces, and this determination is final and conclusive.
(c) The director may find a contractor violating this section to be in breach of the contract and may employ any legal remedies or administrative remedies that the department may prescribe by rule or in the contract documents. The division may develop contract provisions that assure compliance by contractors with this section and provide for remedies if a contractor breaches these provisions.
As added by P.L.24-1985, SEC.7. Amended by P.L.58-1999, SEC.8; P.L.252-2015, SEC.3.
2023 Indiana Code › Title 4. State Offices and Administration › Article 13.6. State Public Works › Chapter 4. Qualification for State Public Works Projects › 4-13.6-4-11. Necessity of Qualifications

Sec. 11. (a) The director may not recommend to the commissioner the awarding of a contract to perform professional services to any person who is not qualified under this chapter.
(b) The division may not accept a bid on a public works project with an estimated cost of one hundred fifty thousand dollars ($150,000) or more from a contractor who is not qualified under this chapter.
As added by P.L.24-1985, SEC.7. Amended by P.L.12-2002, SEC.2.
2023 Indiana Code › Title 4. State Offices and Administration › Article 13.6. State Public Works › Chapter 4. Qualification for State Public Works Projects › 4-13.6-4-12. False Statements by Applicant; Institution of Proceedings

Sec. 12. If an applicant knowingly makes a false statement in an application for qualification or in any other written instrument filed with the board under this chapter or under rules adopted under this chapter, the division may institute appropriate legal proceedings and administrative action against the applicant.
As added by P.L.24-1985, SEC.7.
2023 Indiana Code › Title 4. State Offices and Administration › Article 13.6. State Public Works › Chapter 4. Qualification for State Public Works Projects › 4-13.6-4-13. Hearings; Judicial Review

Sec. 13. (a) Any person whose application is denied or is not acted upon within the time specified under section 3 of this chapter may request a hearing before the board under IC 4-21.5-3.
(b) The board shall conduct proceedings for the revocation of a certificate under IC 4-21.5-3.
(c) Judicial review of an adverse decision in any hearing held under this chapter shall be in accordance with IC 4-21.5-5.
As added by P.L.24-1985, SEC.7. Amended by P.L.7-1987, SEC.4; P.L.1-1999, SEC.3.
2023 Indiana Code › Title 4. State Offices and Administration › Article 13.6. State Public Works › Chapter 4. Qualification for State Public Works Projects › 4-13.6-4-14. Violations; Reports of Convictions; Disqualification of Convicted Persons

Sec. 14. (a) A person who knowingly violates section 10 or section 12 of this chapter commits a Class C misdemeanor.
(b) The trial court shall report all convictions under this section to the division, and the board shall disqualify the convicted person from performing any public works contracts under this article for a period of two (2) years from the date of conviction.
As added by P.L.24-1985, SEC.7.
2023 Indiana Code › Title 4. State Offices and Administration › Article 13.6. State Public Works › Chapter 5. Bidding Requirements › 4-13.6-5-0.1. Application of Certain Amendments to Chapter

Sec. 0.1. The addition of section 10.5 of this chapter by P.L.20-1991 applies to public works contracts for which notices calling for sealed proposals for the work are published after June 30, 1991.
As added by P.L.220-2011, SEC.36.
2023 Indiana Code › Title 4. State Offices and Administration › Article 13.6. State Public Works › Chapter 5. Bidding Requirements › 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.
2023 Indiana Code › Title 4. State Offices and Administration › Article 13.6. State Public Works › Chapter 5. Bidding Requirements › 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Indiana Code › Title 4. State Offices and Administration › Article 13.6. State Public Works › Chapter 6. Bid Opening and Award of Contracts › 4-13.6-6-2.7. Repealed

As added by P.L.66-2004, SEC.2. Amended by P.L.4-2005, SEC.18. Repealed by P.L.1-2010, SEC.156.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Indiana Code › Title 4. State Offices and Administration › Article 13.6. State Public Works › Chapter 7. Bonding, Escrow, and Retainages › 4-13.6-7-6. Payment Bonds

Sec. 6. (a) If the estimated cost of the public works project is more than two hundred thousand dollars ($200,000), the division shall require the contractor to execute a good and sufficient payment bond to the department for the state in an amount equal to one hundred percent (100%) of the total contract price. The bond shall include at least the following provisions:
(1) The contractor, its successors and assigns, whether by operation of law or otherwise, and all subcontractors, their successors and assigns, whether by operation of law or otherwise, shall pay all indebtedness that may accrue to any person on account of any labor or service performed or materials furnished in relation to the public work.
(2) The bond shall directly inure to the benefit of subcontractors, laborers, suppliers, and those performing service or who may have furnished or supplied labor, material, or service in relation to the public work.
(3) No change, modification, omission, or addition in or to the terms or conditions of the contract, plans, specifications, drawings, or profile or any irregularity or defect in the contract or in the procedures preliminary to the letting and awarding of the contract shall affect or operate to release or discharge the surety in any way.
(4) The provisions and conditions of this chapter shall be a part of the terms of the contract and bond.
(b) The division may permit the bond given by the contractor to provide for incremental bonding in the form of multiple or chronological bonds that, if taken as a whole, equal the total contract price.
(c) The division may accept bonds provided on forms specified by the division or on forms given by surety companies.
(d) The division shall hold the bond of a contractor for the use and benefit of any claimant having an interest in it and entitled to its benefits.
(e) The division shall not release sureties of a contractor until the expiration of one (1) year after the final settlement with the contractor.
(f) If the estimated cost of the public works project is less than or equal to two hundred thousand dollars ($200,000), the director may require one (1) of the following:
(1) The contractor must execute a good and sufficient payment bond. The director may determine the amount of the bond to be any percentage, but no more than one hundred percent (100%), of the cost of the project.
(2) The division will withhold retainage under this chapter in an amount of ten percent (10%) of the dollar value of all payments made to the contractor until the public work is substantially completed.
As added by P.L.24-1985, SEC.7. Amended by P.L.14-1986, SEC.9; P.L.26-1989, SEC.13; P.L.22-1997, SEC.4; P.L.133-2007, SEC.4.
2023 Indiana Code › Title 4. State Offices and Administration › Article 13.6. State Public Works › Chapter 7. Bonding, Escrow, and Retainages › 4-13.6-7-7. Performance Bonds

Sec. 7. (a) If the estimated cost of the public works project is:
(1) at least two hundred thousand dollars ($200,000), the division shall; or
(2) less than two hundred thousand dollars ($200,000), the division may;
require the contractor to execute a good and sufficient performance bond to the department for the state in an amount equal to one hundred percent (100%) of the total contract price.
(b) The bond required under subsection (a) shall include at least the following provisions:
(1) The contractor shall well and faithfully perform the contract.
(2) No change, modification, omission, or addition in or to the terms or conditions of the contract, plans, specifications, drawings, or profile or any irregularity or defect in the contract or in the procedures preliminary to the letting and awarding of the contract shall affect or operate to release or discharge the surety in any way.
(3) The provisions and conditions of this chapter shall be a part of the terms of the contract and bond.
(c) The division may permit the bond given by the contractor to provide for incremental bonding in the form of multiple or chronological bonds that, if taken as a whole, equal the total contract price.
(d) The division may accept bonds provided on forms specified by the division or on forms given by surety companies.
(e) The division shall not release sureties of a contractor until the expiration of one (1) year after the final settlement with the contractor.
As added by P.L.24-1985, SEC.7. Amended by P.L.26-1989, SEC.15; P.L.22-1997, SEC.5; P.L.133-2007, SEC.5.