reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 1.1 - STATE PROCUREMENT › Rule 1 - General Provisions › Section 1-17 - Modification and termination of contracts for supplies and services; contract clauses

Current through July 10, 2024
Authority: IC
				  4-13-1.3-4
Affected: IC 5-22-20
Sec. 17.
A fixed price contract with price adjustment provides for
				  variation in the contract price under special conditions defined in the
				  contract. The formula or other basis by which adjustment in contract price can
				  be made shall be specified in the solicitation and resulting contract.
				  Adjustment allowed may be upward, downward, or both. Examples of special
				  conditions for which contract adjustments provisions may be permitted by the
				  department to be included in a fixed price contract include changes due to
				  rapid and substantial price fluctuations, which can be related to an accepted
				  index (such as contracts for gasoline, heating oils, and dental gold alloy).
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 1.1 - STATE PROCUREMENT › Rule 1 - General Provisions › Section 1-18 - Specifications; inspections, tests, and preparations for delivery

Current through July 10, 2024
Authority: IC
				  4-13-1.3-4
Affected: IC 5-22-5
Sec. 18.
Specifications shall, to the extent practicable, emphasize
				  the functional or performance requirements of an agency's procurement of
				  supplies or services. Using agencies shall include as part of their purchase
				  requisition the supply or service specification or description and all
				  requirements for inspecting, testing or preparing a service or supply item for
				  delivery. The following procedures governing the preparation, maintenance and
				  utilization of specifications, unless otherwise prescribed by the department,
				  are to be used in the procurement of supplies and services for governmental
				  use.
(a) Specification preparation:
(1) Using agencies may prepare and submit
				individual agency specifications for the procurement of supplies and services.
				These specifications are subject to procurement division approval and
				acceptance for use in public purchasing procedures.
(2) Common or general use specifications are
				to be prepared by the procurement division for all agency use. Wherever
				practical, agencies shall use specifications developed by the procurement
				division.
(3) Any specifications
				developed and used by the United States government or its agencies may be used
				by the procurement division in the procurement of supplies.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 1.1 - STATE PROCUREMENT › Rule 3 - United States Manufactured Product Definition, Policy, Certification, and Enforcement › Section 3-1 - General provisions

Current through July 10, 2024
Authority: IC
				  4-13-1.3-4
Affected: IC
				  5-22-15-21
Sec. 1.
IC
				  5-22-15-21
				  allows a preference to promote the purchase of products manufactured in the
				  United States.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 1.1 - STATE PROCUREMENT › Rule 3 - United States Manufactured Product Definition, Policy, Certification, and Enforcement › Section 3-2 - "Components" defined

Current through July 10, 2024
Authority: IC
				  4-13-1.3-4
Affected: IC
				  5-22-15-21
Sec. 2.
As used in this rule, "components" means those articles,
				  materials, and supplies incorporated directly into the products.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 1.1 - STATE PROCUREMENT › Rule 3 - United States Manufactured Product Definition, Policy, Certification, and Enforcement › Section 3-3 - "United States" defined

Current through July 10, 2024
Authority: IC
				  4-13-1.3-4
Affected: IC
				  5-22-15-21
Sec. 3.
As used in this rule, "United States" means the United
				  States, its possessions, Puerto Rico, and any other place subject to its
				  jurisdiction, but does not include trust territories.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 1.1 - STATE PROCUREMENT › Rule 3 - United States Manufactured Product Definition, Policy, Certification, and Enforcement › Section 3-4 - "United States manufactured product" defined

Current through July 10, 2024
Authority: IC
				  4-13-1.3-4
Affected: IC
				  5-22-15-21
Sec. 4.
As used in this rule, "United States manufactured product"
				  means either of the following:
(1) An
				unmanufactured product mined or produced in the United States.
(2) A product manufactured in the United
				States, if the cost of its components mined, produced, or manufactured in the
				United States exceeds fifty percent (50%) of the cost of all its components.
				(In determining if a product is manufactured in the United States, only the
				product and its components shall be considered.) The cost of each component
				includes transportation costs to the place of incorporation into the product
				and any applicable duty (whether or not a duty-free entry certificate is
				issued). Components of a foreign origin of the same class or kind for which
				determinations have been made in accordance with section 5(a)(3) or 5(a)(4) of
				this rule are treated as United States manufactured. Scrap generated,
				collected, and prepared for processing in the United States is considered
				United States manufactured.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 1.1 - STATE PROCUREMENT › Rule 3 - United States Manufactured Product Definition, Policy, Certification, and Enforcement › Section 3-5 - Policy

Current through July 10, 2024
Authority: IC 4-13-1.3-4
Affected: IC 5-22-15-21
Sec. 5.
(a) The
				statute requires that only United States manufactured products be acquired for
				public use, except articles, materials, and supplies as determined by the
				commissioner or designee:
(1) for use outside
				the United States;
(2) for which
				the cost would be unreasonable;
(3)
				for which the preference would be inconsistent with the public interest;
				or
(4) that are not mined,
				produced, or manufactured in the United States in sufficient and reasonably
				available commercial quantities of a satisfactory quality.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 1.1 - STATE PROCUREMENT › Rule 3 - United States Manufactured Product Definition, Policy, Certification, and Enforcement › Section 3-6 - Certification

Current through July 10, 2024
Authority: IC
				  4-13-1.3-4
Affected: IC
				  5-22-15-21
Sec. 6.
(a) Any
				business which makes an offer, a proposal, or a bid for the purpose of seeking
				the preference in IC
				5-22-15-21
				shall certify under the penalties of perjury that it is offering United States
				manufactured products within the meaning of section 4 of this rule. The
				certification will be made on forms provided by the department and approved by
				the commission on public records.
(b) The department may presume the
				representations contained in the certification are true, thereby qualifying the
				business for the United States manufactured products preference. However, this
				presumption may be rebutted under section 7 of this rule or if the department
				has reason to question the representations contained in the
				certification.
(c) Whether the
				United States manufactured product preference is offered shall be stated in
				each invitation for bid, request for proposal, or other acquisition
				procedure.
(d) The decision to
				grant the United States manufactured product preference shall be at the sole
				discretion of the commissioner or designee.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 1.1 - STATE PROCUREMENT › Rule 3 - United States Manufactured Product Definition, Policy, Certification, and Enforcement › Section 3-7 - Enforcement

Current through July 10, 2024
Authority: IC
				  4-13-1.3-4
Affected: IC
				  5-22-15-21
Sec. 7.
(a) If,
				prior to award, the commissioner or designee determines the business does not
				qualify for the United States manufactured product preference, the commissioner
				or designee may do any of the following in any combination deemed appropriate:
(1) Declare the business nonresponsible and
				bar it from doing business with the state for a specified period, not exceeding
				two (2) years.
(2) Require the
				business to reimburse the state for the costs incurred due to rebidding of the
				contract.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 1.5 - SMALL BUSINESS PROCUREMENTS AND PROJECTS › Rule 1 - Definitions › Section 1-1 - Application of definitions

Current through July 10, 2024
Authority: IC 4-13-1.3-4; IC 4-13.6-2-11; IC 4-13.6-3-1; IC
				  5-22-14-3
Affected: IC 4-13.6; IC 5-22
Sec. 1.
(a) Unless
				indicated otherwise, all words in 25 IAC 1.5 have the meanings specified in IC
				5-22 or IC 4-13.6.
(b) The
				definitions in
				25 IAC
				1.5-1 apply throughout 25 IAC 1.5.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 1.5 - SMALL BUSINESS PROCUREMENTS AND PROJECTS › Rule 1 - Definitions › Section 1-2 - "Construction business" defined

Current through July 10, 2024
Authority: IC
				  4-13-1.3-4; IC
				  4-13.6-2-11; IC
				  4-13.6-3-1; IC
				  5-22-14-3
Affected: IC 4-13.6; IC 5-22-14
Sec. 2.
"Construction business" means a business that derives its
				  principal source of income from the participation in the erection of buildings,
				  facilities, structures, bridges, overpasses or highways.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 1.5 - SMALL BUSINESS PROCUREMENTS AND PROJECTS › Rule 1 - Definitions › Section 1-3 - "Director" defined

Current through July 10, 2024
Authority: IC
				  4-13-1.3-4; IC
				  4-13.6-2-11; IC
				  4-13.6-3-1; IC
				  5-22-14-3
Affected: IC 4-13.6; IC 5-22-14
Sec. 3.
"Director" means the director of the public works division
				  in relation to a public works project under IC 4-13.6.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 1.5 - SMALL BUSINESS PROCUREMENTS AND PROJECTS › Rule 1 - Definitions › Section 1-4 - "Employee" defined

Current through July 10, 2024
Authority: IC
				  4-13-1.3-4; IC
				  4-13.6-2-11; IC
				  4-13.6-3-1; IC
				  5-22-14-3
Affected: IC 4-13.6; IC 5-22-14
Sec. 4.
"Employee" means any individual employed by a business
				  full-time, part-time or temporarily.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 1.5 - SMALL BUSINESS PROCUREMENTS AND PROJECTS › Rule 1 - Definitions › Section 1-5 - "Manufacturing business" defined

Current through July 10, 2024
Authority: IC
				  4-13-1.3-4; IC
				  4-13.6-2-11; IC
				  4-13.6-3-1; IC
				  5-22-14-3
Affected: IC 4-13.6; IC 5-22-14
Sec. 5.
"Manufacturing business" means a business that derives its
				  principal source of income from the sale of goods made from raw, unfinished
				  materials, as distinguished from the final product.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 1.5 - SMALL BUSINESS PROCUREMENTS AND PROJECTS › Rule 1 - Definitions › Section 1-6 - "Offer" defined

Current through July 10, 2024
Authority: IC
				  4-13-1.3-4; IC
				  4-13.6-2-11; IC
				  4-13.6-3-1; IC
				  5-22-14-3
Affected: IC 4-13.6; IC 5-22-14
Sec. 6.
"Offer" means a response to a solicitation.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 1.5 - SMALL BUSINESS PROCUREMENTS AND PROJECTS › Rule 1 - Definitions › Section 1-7 - "Retail business" defined

Current through July 10, 2024
Authority: IC
				  4-13-1.3-4; IC
				  4-13.6-2-11; IC
				  4-13.6-3-1; IC
				  5-22-14-3
Affected: IC 4-13.6; IC 5-22-14
Sec. 7.
"Retail business" means a business that derives its
				  principal source of income from the sale of supplies to the ultimate consumer.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 1.5 - SMALL BUSINESS PROCUREMENTS AND PROJECTS › Rule 1 - Definitions › Section 1-8 - "Service business" defined

Current through July 10, 2024
Authority: IC
				  4-13-1.3-4; IC
				  4-13.6-2-11; IC
				  4-13.6-3-1; IC
				  5-22-14-3
Affected: IC 4-13.6; IC 5-22-14
Sec. 8.
"Service business" means a business that derives its
				  principal source of income from the sale of useful artistic, educational,
				  intellectual, literary, or scientific labor from which no necessary tangible
				  commodity is derived.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 1.5 - SMALL BUSINESS PROCUREMENTS AND PROJECTS › Rule 1 - Definitions › Section 1-9 - "Small business" defined

Current through July 10, 2024
Authority: IC 4-13-1.3-4; IC 4-13.6-2-11; IC 4-13.6-3-1; IC
				  5-22-14-3
Affected: IC 4-13.6; IC 5-22-14
Sec. 9.
"Small business" means a business that:
(1) is independently owned and
				operated;
(2) is not dominant in
				its industry; and
(3) meets the
				restrictions imposed by
				25 IAC
				1.5-3-1.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 1.5 - SMALL BUSINESS PROCUREMENTS AND PROJECTS › Rule 1 - Definitions › Section 1-10 - "Small business procurement" defined

Current through July 10, 2024
Authority: IC
				  4-13-1.3-4; IC
				  4-13.6-2-11; IC
				  4-13.6-3-1; IC
				  5-22-14-3
Affected: IC 4-13.6; IC 5-22-14
Sec. 10.
"Small business procurement" means a procurement limited to
				  small businesses under 25 IAC 1.5.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 1.5 - SMALL BUSINESS PROCUREMENTS AND PROJECTS › Rule 1 - Definitions › Section 1-11 - "Small business project" defined

Current through July 10, 2024
Authority: IC
				  4-13-1.3-4; IC
				  4-13.6-2-11; IC
				  4-13.6-3-1; IC
				  5-22-14-3
Affected: IC 4-13.6; IC 5-22-14
Sec. 11.
"Small business project" means a public works project
				  limited to small businesses under 25 IAC 1.5.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 1.5 - SMALL BUSINESS PROCUREMENTS AND PROJECTS › Rule 1 - Definitions › Section 1-12 - "Solicitation" defined

Current through July 10, 2024
Authority: IC
				  4-13-1.3-4; IC
				  4-13.6-2-11; IC
				  4-13.6-3-1; IC
				  5-22-14-3
Affected: IC 4-13.6; IC 5-22
Sec. 12.
"Solicitation" means:
(1) any procedure authorized under IC 5-22 by
				which a procurement may be made, whether by invitation to bid, request for
				proposals or other procedure; or
(2) an invitation to bid on a public works
				project under IC 4-13.6-5.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 1.5 - SMALL BUSINESS PROCUREMENTS AND PROJECTS › Rule 1 - Definitions › Section 1-13 - "Wholesale business" defined

Current through July 10, 2024
Authority: IC
				  4-13-1.3-4; IC
				  4-13.6-2-11; IC
				  4-13.6-3-1; IC
				  5-22-14-3
Affected: IC 4-13.6; IC 5-22-14
Sec. 13.
"Wholesale business" means a business that derives its
				  principal source of income from sales to retailers, other merchants, or
				  industrial, institutional or commercial users who will use the goods for resale
				  or business use.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 1.5 - SMALL BUSINESS PROCUREMENTS AND PROJECTS › Rule 2 - Policies › Section 2-1 - Purpose

Current through July 10, 2024
Authority: IC 4-13-1.3-4; IC 4-13.6-2-11; IC 4-13.6-3-1; IC
				  5-22-14-3
Affected: IC 4-13.6; IC 5-22
Sec. 1.
The purpose of
				  25 IAC 1.5-2
				  is to implement the public policy of the state of Indiana.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 1.5 - SMALL BUSINESS PROCUREMENTS AND PROJECTS › Rule 2 - Policies › Section 2-2 - Applicability of other law

Current through July 10, 2024
Authority: IC
				  4-13-1.3-4; IC
				  4-13.6-2-11; IC
				  4-13.6-3-1; IC
				  5-22-14-3
Affected: IC 4-13.6; IC 5-22
Sec. 2.
The provisions of IC 5-22, IC 4-13.6, 25 IAC 1.1, 25 IAC 1.5
				  and other applicable law shall otherwise govern small business procurements and
				  small business projects.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 1.5 - SMALL BUSINESS PROCUREMENTS AND PROJECTS › Rule 3 - Procedures › Section 3-1 - Qualification as small business

Current through July 10, 2024
Authority: IC
				  4-13-1.3-4; IC
				  4-13.6-2-11; IC
				  4-13.6-3-1; IC
				  5-22-14-3
Affected: IC 4-13.6; IC 5-22-14
Sec. 1.
(a) For
				purposes of determining whether a business is a small business, all affiliates
				of the business will be considered as part of the business.
(b) Whenever reference is made to a number of
				employees in this section, the number shall mean the average number of
				employees that the business had during its most recently completed fiscal
				year.
(c) A business is not a small
				business if it fails to meet the following restrictions:
(1) For a construction business: average
				gross annual receipts for the current and three (3) previous fiscal years are
				four million dollars ($4,000,000) or less.
(2) For a manufacturing business: the number
				of its employees is one hundred (100) or less.
(3) For a retail business: average sales and
				receipts for the current and three (3) previous fiscal years are five hundred
				thousand dollars ($500,000) or less.
(4) For a service business: average sales for
				the current and three (3) previous fiscal years are five hundred thousand
				dollars ($500,000) or less and the number of its employees is twenty-five (25)
				or less.
(5) For a wholesale
				business: annual sales for its most recently completed fiscal year are four
				million dollars ($4,000,000) or less.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 1.5 - SMALL BUSINESS PROCUREMENTS AND PROJECTS › Rule 3 - Procedures › Section 3-2 - Designation of small business procurements and projects

Current through July 10, 2024
Authority: IC
				  4-13-1.3-4; IC
				  4-13.6-2-11; IC
				  4-13.6-3-1; IC
				  5-22-14-3
Affected: IC 4-13.6; IC 5-22-14
Sec. 2.
(a) The
				department may, with the approval of the commissioner, require the procurement
				to be a small business procurement or that the project be performed as a small
				business project.
(b) The
				department shall not recommend to the commissioner that a procurement be a
				small business procurement or that a public works project be a small business
				project unless there is a reasonable expectation that at least two (2)
				responsible small businesses are capable of submitting an offer at a fair and
				reasonable price.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 1.5 - SMALL BUSINESS PROCUREMENTS AND PROJECTS › Rule 3 - Procedures › Section 3-3 - Notification of designation

Current through July 10, 2024
Authority: IC
				  4-13-1.3-4; IC
				  4-13.6-2-11; IC
				  4-13.6-3-1; IC
				  5-22-14-3
Affected: IC 4-13.6; IC 5-22-14
Sec. 3.
When the department makes a small business procurement or
				  designates a public works project as a small business project, the solicitation
				  shall indicate that the procurement or the project is limited to small
				  businesses.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 1.5 - SMALL BUSINESS PROCUREMENTS AND PROJECTS › Rule 3 - Procedures › Section 3-4 - Certification as a small business

Current through July 10, 2024
Authority: IC 4-13-1.3-4; IC 4-13.6-2-11; IC 4-13.6-3-1; IC
				  5-22-14-3
Affected: IC 4-13.6; IC 5-22-14
Sec. 4.
(a) Any
				business which makes an offer in the case of a small business procurement or in
				the case of a small business project shall certify that it is a small business
				within the meaning of 25 IAC 1.5.
(b) The department shall presume the
				representations contained in the small business certification submitted by an
				offeror are true, thereby qualifying the offeror as a small business. However,
				this presumption may be rebutted under
				25 IAC
				1.5-4-1, under
				25 IAC
				1.5-4-2 or if the department has reason to question
				the representations contained in the certification.
(c) The department may require a business
				which submits an offer as a small business to provide information the
				department considers necessary to demonstrate that the business is a small
				business.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 1.5 - SMALL BUSINESS PROCUREMENTS AND PROJECTS › Rule 3 - Procedures › Section 3-5 - Awards

Current through July 10, 2024
Authority: IC
				  4-13-1.3-4; IC
				  4-13.6-2-11; IC
				  4-13.6-3-1; IC
				  5-22-14-3
Affected: IC 4-13.6; IC 5-22-14
Sec. 5.
(a) The
				department shall make an award to the small business which has submitted the
				lowest priced offer if:
(1) the business is
				responsive and responsible; and
(2)
				the offer is reasonable in the judgment of the department.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 1.5 - SMALL BUSINESS PROCUREMENTS AND PROJECTS › Rule 3 - Procedures › Section 3-6 - Acceptance of procedures and sanctions

Current through July 10, 2024
Authority: IC 4-13-1.3-4; IC 4-13.6-2-11; IC 4-13.6-3-1; IC
				  5-22-14-3
Affected: IC 4-13.6; IC 5-22-14
Sec. 6.
A solicitation under 25 IAC 1.5 shall state that businesses
				  submitting offers as small businesses will accept all procedures and possible
				  sanctions provided in
				  25 IAC
				  1.5-4 and that the provisions of 25 IAC 1.5 are
				  incorporated by reference into any contract awarded under 25 IAC 1.5.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 1.5 - SMALL BUSINESS PROCUREMENTS AND PROJECTS › Rule 4 - Compliance › Section 4-1 - Challenge of small business status-prior to award

Current through July 10, 2024
Authority: IC
				  4-13-1.3-4; IC
				  4-13.6-2-11; IC
				  4-13.6-3-1; IC
				  5-22-14-3
Affected: IC 4-13.6; IC 5-22-14
Sec. 1.
(a) After
				offers are opened, and prior to award, any person may submit information to the
				commissioner regarding the qualifications as a small business of the business
				which would be awarded a contract under 25 IAC 1.5.
(b) If the commissioner determines that the
				information provided has some foundation, the commissioner may:
(1) hold a hearing to determine whether the
				business qualifies as a small business;
(2) cancel the solicitation as a small
				business procurement or a small business project; or
(3) act under both subsection (b)(1) and
				subsection (b)(2).
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 1.5 - SMALL BUSINESS PROCUREMENTS AND PROJECTS › Rule 4 - Compliance › Section 4-2 - Challenge of small business status-after award

Current through July 10, 2024
Authority: IC
				  4-13-1.3-4; IC
				  4-13.6-2-11; IC
				  4-13.6-3-1; IC
				  5-22-14-3
Affected: IC 4-13.6; IC 5-22-14
Sec. 2.
(a) After a
				contract has been awarded, any person may submit information to the
				commissioner regarding the qualifications as a small business of the business
				which has been awarded the contract.
(b) If the commissioner determines that the
				information has some foundation, the commissioner may hold a hearing to
				determine whether the business qualified as a small business at the time of the
				award.
(c) Until a determination is
				made on the merits of the case, the department shall presume that the business
				qualified as a small business at the time of award and the business shall be
				permitted to continue performance of the contract without prejudice until a
				determination is made on the merits of the case.
(d) If after a hearing under subsection (b),
				the commissioner determines that a business to which a contract has been
				awarded under 25 IAC 1.5 did not qualify as a small business at the time the
				award was made, the commissioner may impose the following sanctions in any
				combination deemed appropriate:
(1) the
				business will pay the state of Indiana an amount, determined by the
				commissioner, not greater than ten percent (10%) of the amount of the offer
				made by the business or such an amount shall be deducted from any amounts due
				the business under the contract;
(2) the contract with the business shall be
				cancelled;
(3) the business shall
				not be permitted to submit an offer for the same supplies, services or project
				if the contract is cancelled, and a new solicitation is made for the same
				supplies, services or project; or
(4) the business shall be barred from doing
				business with the state of Indiana for a specified period, not exceeding two
				(2) years.
*
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 2 - PUBLIC WORKS DIVISION › Rule 1 - Scope of Activities › Section 1-1 - New construction requisitions; public works division's duties

Current through July 10, 2024
Authority: IC
				  4-13-2-9; IC
				  4-13.6-3-1
Affected: IC
				  4-13-1-3; IC
				  4-13-1-4
Sec. 1.
The division is responsible for the approval and processing
				  of all requisitions and project requests for all new construction by the state
				  and some field control over the construction as needed. The control shall not
				  extend to the Indiana department of transportation, facilities under the
				  jurisdiction of the state fair board, the state armory board, and other
				  commissions or boards created by law to operate separately or the facilities at
				  the state-supported colleges and universities. These duties include the
				  following:
(1) Making on-site
				investigations to ascertain the following:
(A)
				The physical need for the proposed project.
(B) The judgment of its economic
				justification.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 2 - PUBLIC WORKS DIVISION › Rule 1 - Scope of Activities › Section 1-2 - Public works division duties; building rehabilitation, alteration, repair; preventive maintenance program

Current through July 10, 2024
Authority: IC
				  4-13-2-9; IC
				  4-13.6-3-1
Affected: IC
				  4-13-1-3;
				  IC
				  4-13-1-4
Sec. 2.
In addition to the duties described in section 1 of this
				  rule, the division performs the technical engineering tasks involved in the
				  rehabilitation, alterations, and repair of buildings owned by the state, except
				  those structures exempted under section 1 of this rule, acting in a staff
				  function in furnishing technical advice to the several institutions for this
				  work. Whenever such rehabilitation, alteration, demolition, or repair requires
				  services for design or construction, the division performs the necessary
				  functions for obtaining the services as set out in section 1 of this rule. The
				  division:
(1) is also responsible for
				the administration of a continuing preventive maintenance program for all
				state-owned facilities except those structures exempted under section 1 of this
				rule; and
(2) has the authority to:
(A) authorize emergency parts and supplies;
				or
(B) initiate remedial programs
				of:
(i) construction; or
(ii) service contracts; whenever needed to
				ensure an adequate preventive maintenance program. The division is not
				intimately involved with, but will be available to aid the department of
				natural resources, the state police department, and the Indiana department of
				transportation in the implementing and administering of their respective
				preventive maintenance programs.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 2 - PUBLIC WORKS DIVISION › Rule 2 - Definitions › Section 2-1 - Definitions

Current through July 10, 2024
Authority: IC
				  4-13-2-9; IC
				  4-13.6-3-1
Affected: IC
				  4-13-1-3;
				  IC
				  4-13-1-4; IC
				  4-13.6-3-3
Sec. 1.
The following definitions apply throughout this
				  article:
(1) "Approved bidder" means a
				bidder who is prequalified with the department in accordance with the rules and
				regulations as promulgated by the certification board.
(2) "Bid" means a sealed proposal to
				construct or perform services as set out in the information to
				bidders.
(3) "Bidder" means a
				supplier or contractor who submits offers to construct or perform services for
				the department.
(4) "Bid officer"
				means the representative of the division responsible and in charge of the bid
				opening.
(5) "Certification board"
				means the certification board as established by IC
				4-13.6-3-3.
(6) "Commissioner" means the commissioner of
				the department.
(7) "Contract
				designer" means any architect, engineer, or other professional under contract
				with the state to perform certain consultant or design services for the
				state.
(8) "Contractor" means any
				firm supplying construction or other services to the state under a direct
				contract with the state.
(9)
				"Department" means the Indiana department of administration created under IC
				4-13-1.
(10) "Designer" means any
				architect, engineer, surveyor, or other professional who:
(A) by formal training or registration, or
				both, are otherwise legally authorized to perform services and design work for
				the state; and
(B) may be either a
				contract or state designer.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 2 - PUBLIC WORKS DIVISION › Rule 3 - Approved Designer List and Selection of Designer › Section 3-1 - List of prequalified designers

Current through July 10, 2024
Authority: IC
				  4-13-2-9; IC
				  4-13.6-3-1
Affected: IC 4-13.6
Sec. 1.
The division shall maintain a list of prequalified
				  designers, composed of:
(1)
				architects;
(2)
				engineers;
(3) surveyors;
				and
(4) other professionals;
who by an application to the certification board have
				  expressed an interest in furnishing their services for proposed state
				  work.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 2 - PUBLIC WORKS DIVISION › Rule 3 - Approved Designer List and Selection of Designer › Section 3-2 - Application for prequalification; approval as precondition for selection

Current through July 10, 2024
Authority: IC
				  4-13-2-9; IC
				  4-13.6-3-1
Affected: IC 4-13.6; IC
				  5-16-1-2
Sec. 2.
A Designer desiring to do design work for the Division must,
				  as an act prior to being considered for such services, apply to the State
				  Certification Board, supply all of the pertinent information required by that
				  Board and obtain prequalification approval of said Board. The designer must
				  keep said prequalification current as set out in these rules and regulations
[25 IAC 2]
.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 2 - PUBLIC WORKS DIVISION › Rule 3 - Approved Designer List and Selection of Designer › Section 3-3 - Selection procedure for contract designers; qualifications; limitations on subcontractors

Current through July 10, 2024
Authority: IC
				  4-13-2-9; IC
				  4-13.6-3-1
Affected: IC 4-13.6; IC
				  5-16-1-2
Sec. 3.
For any project for which the director determines the
				  assignment of a contract designer is required:
(1) the director shall recommend at least
				three (3) who:
(A) qualify in the particular
				classification of work; and
(B) are
				currently in good standing with the certification board; and
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 2 - PUBLIC WORKS DIVISION › Rule 3 - Approved Designer List and Selection of Designer › Section 3-4 - Fee proposals for design work; selection procedure for alternate contract designer

Current through July 10, 2024
Authority: IC
				  4-13-2-9; IC
				  4-13.6-3-1
Affected: IC 4-13.6; IC 5-16-11.1
Sec. 4.
The director shall recommend to the commissioner the fee
				  proposed for the professional work. In making the fee proposal for this design
				  work, the director shall consider the project as a whole, including its
				  location, complexity, need for expediency, and aid to be given by the state in
				  the design and control of construction. The various points considered in
				  reaching the fee, be it a percentage of eventual cost or as a fixed amount,
				  shall be reflected in the design contract itself. If, after a review of the
				  project and negotiations as to scope and fee, an agreement is not reached,
				  then:
(1) the director shall report
				the circumstances to the commissioner; and
(2) the commissioner shall decide whether to
				continue the negotiations or contact another designer recommended by the
				director according to section 3 of this rule.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 2 - PUBLIC WORKS DIVISION › Rule 3 - Approved Designer List and Selection of Designer › Section 3-5 - Supervision of designer contracts

Current through July 10, 2024
Authority: IC
				  4-13-2-9; IC
				  4-13.6-3-1
Affected: IC 4-13.6
Sec. 5.
The Director shall be responsible for seeing that all points
				  of the Designer contract are adhered to administratively. Should the designer
				  fail to so adhere to the contract to any significant degree, the Director shall
				  inform the Commissioner and/or Attorney General of this fact and request
				  guidance in the successful promulgating of the design contract.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 2 - PUBLIC WORKS DIVISION › Rule 3 - Approved Designer List and Selection of Designer › Section 3-6 - Designer's duty to assure a bid within budget

Current through July 10, 2024
Authority: IC
				  4-13-2-9; IC
				  4-13.6-3-1
Affected: IC 4-13.6
Sec. 6.
The designer shall make every effort possible to ensure that
				  the scope and cost of the project remains within the budget allocation. Where
				  bids received exceed the allocated funds by more than ten percent (10%) and
				  additional funds are not available:
(1) the designer shall redesign the work, at
				no additional cost to the state, to a cost within the allocation; or
(2) the project shall be abandoned;
at the option of the state.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 2 - PUBLIC WORKS DIVISION › Rule 4 - Approved Contractors List and Contractors Qualifications › Section 4-1 - List of prequalified contractors

Current through July 10, 2024
Authority: IC
				  4-13-2-9; IC
				  4-13.6-3-1
Affected: IC 4-13.6; IC
				  5-16-1-2
Sec. 1.
The division shall maintain a list of prequalified
				  contractors who, by an application to the certification board, have expressed
				  an interest in contracting with the state to perform construction work within
				  the limits of their prequalification as set out in their current certificate.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 2 - PUBLIC WORKS DIVISION › Rule 4 - Approved Contractors List and Contractors Qualifications › Section 4-2 - Application for prequalification approval as precondition to bidding

Current through July 10, 2024
Authority: IC
				  4-13-2-9; IC
				  4-13.6-3-1
Affected: IC 4-13.6
Sec. 2.
A contractor desiring to perform construction work for the
				  division must, before being allowed to bid on projects with a valuation of one
				  hundred fifty thousand dollars ($150,000) or more:
(1) apply to the certification board
				supplying all of the pertinent information required by the certification board;
				and
(2) obtain their
				prequalification approval;
as set out in this article. A contractor shall not be
				  considered to have legally received plans on a particular project having a
				  valuation of one hundred fifty thousand dollars ($150,000) or more without
				  being prequalified by the certification board.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 2 - PUBLIC WORKS DIVISION › Rule 4 - Approved Contractors List and Contractors Qualifications › Section 4-3 - Subcontractors' prequalification as precondition to starting work

Current through July 10, 2024
Authority: IC
				  4-13-2-9; IC
				  4-13.6-3-1
Affected: IC 4-13.6; IC
				  5-16-1-2
Sec. 3.
Any subcontractor proposing to do work that has a valuation
				  of one hundred fifty thousand dollars ($150,000) or more shall also be
				  prequalified as set out in section 2 of this rule before the subcontractor
				  begins any work on the site.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 2 - PUBLIC WORKS DIVISION › Rule 4 - Approved Contractors List and Contractors Qualifications › Section 4-4 - Limitation on subcontracting

Current through July 10, 2024
Authority: IC
				  4-13-2-9; IC
				  4-13.6-3-1
Affected: IC 4-13.6
Sec. 4.
Any prime contractor or subcontractor doing work for the
				  State is required to complete at least (20%) twenty percent of the work,
				  measured in dollars of the total contract price, with his own forces.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 2 - PUBLIC WORKS DIVISION › Rule 5 - Solicitation of Bids › Section 5-1 - Projects less than $75,000; criteria for bid exemption

Current through July 10, 2024
Authority: IC
				  4-13-2-9; IC
				  4-13.6-3-1
Affected: IC 4-13.6
Sec. 1.
(a) When the
				estimated cost of construction is less than seventy-five thousand dollars
				($75,000), contracts may be issued without taking competitive bids upon receipt
				of at least one (1) offer from contractors interested in the subject
				project.
(b) Competitive bids shall
				not be required for contractual services where:
(1) no competition exists, such as:
(A) manufacturer representatives' expert
				service on specialized equipment; and
(B) rates or prices are fixed by law or
				ordinance; or
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 2 - PUBLIC WORKS DIVISION › Rule 5 - Solicitation of Bids › Section 5-2 - Projects between $75,000 and $150,000; criteria for bidding

Current through July 10, 2024
Authority: IC
				  4-13-2-9; IC
				  4-13.6-3-1
Affected: IC
				  4-13.6-5-8;
				  IC
				  5-16-1-3
Sec. 2.
When the estimated cost of construction is valued at
				  seventy-five thousand dollars ($75,000) but less than one hundred fifty
				  thousand dollars ($150,000), sealed bids shall be solicited in in accordance
				  with IC
				  4-13.6-5-8.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 2 - PUBLIC WORKS DIVISION › Rule 5 - Solicitation of Bids › Section 5-3 - Projects estimated at $150,000 or more; criteria for bidding; wage determination

Current through July 10, 2024
Authority: IC
				  4-13-2-9; IC
				  4-13.6-3-1
Affected: IC
				  4-13.6-5-8;
				  IC
				  5-16-1-3
Sec. 3.
When required under IC 4-13.6-5, sealed bids will be
				  solicited in accordance with IC
				  4-13.6-5-8.
				  A project may be listed using electronic access.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 2 - PUBLIC WORKS DIVISION › Rule 5 - Solicitation of Bids › Section 5-4 - Exception from bidding; emergency work

Current through July 10, 2024
Authority: IC 4-13-2-9; IC 4-13.6-3-1
Affected: IC 4-13.6; IC 5-16-1-1.1; IC 36-1-12
Sec. 4.
The commissioner may authorize contracts to perform
				  necessary work or construction in an emergency as described in 25 IAC 2-11
				  without calling for bids under normal procedures. Authorization for such
				  emergency work will be given verbally by the commissioner or the director if so
				  delegated. In either case, the award shall be confirmed in writing with copies
				  filed with the department as provided under 25 IAC 2-11.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 2 - PUBLIC WORKS DIVISION › Rule 5 - Solicitation of Bids › Section 5-5 - Scope and design of project commensurable with allocation

Current through July 10, 2024
Authority: IC
				  4-13-2-9; IC
				  4-13.6-3-1
Affected: IC 4-13.6; IC
				  5-16-1-3
Sec. 5.
It shall be the intent of the Division, Designer and
				  operating unit to make every effort in the scope and design of the project to
				  ensure that the low bid will be within the allocation prior to soliciting bids
				  in order to preclude the bidders from expending efforts and costs to formulate
				  bids with little possibility of being awarded and in so doing divulging their
				  bid to others prior to a possible rebid.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 2 - PUBLIC WORKS DIVISION › Rule 6 - Receipt and Acceptance of Bids › Section 6-1 - Receipt of bids; time requirement

Current through July 10, 2024
Authority: IC
				  4-13-2-9; IC
				  4-13.6-3-1
Affected: IC 4-13.6; IC
				  5-16-2-1
Sec. 1.
All bids shall be received prior to the appointed bid
				  opening time, in the office of the Director and shall be dated and time stamped
				  showing the time and date of receiving the bid.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 2 - PUBLIC WORKS DIVISION › Rule 6 - Receipt and Acceptance of Bids › Section 6-2 - Bid preparation and submittal requirements

Current through July 10, 2024
Authority: IC
				  4-13-2-9; IC
				  4-13.6-3-1
Affected: IC 4-13.6; IC
				  5-16-1-3
Sec. 2.
Bids shall be contained in a sealed envelope:
(1) with the bidder's name and address
				clearly shown; and
(2) plainly
				marked as a bid with job and time identification stated.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 2 - PUBLIC WORKS DIVISION › Rule 6 - Receipt and Acceptance of Bids › Section 6-3 - Bidder's prequalification review by executive secretary; bid acceptance conditions

Current through July 10, 2024
Authority: IC
				  4-13-2-9; IC
				  4-13.6-3-1
Affected: IC 4-13.6; IC
				  5-16-1-2
Sec. 3.
The executive secretary of the certification board or his or
				  her designee shall, immediately before the designated time for acceptance of
				  bids for projects estimated at one hundred fifty thousand dollars ($150,000) or
				  more, review the prequalification of all bidders submitting bids. If:
(1) a bid packet is received; and
(2) the bidder is not currently prequalified
				with the certification board;
the bid shall be rejected.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 2 - PUBLIC WORKS DIVISION › Rule 6 - Receipt and Acceptance of Bids › Section 6-4 - Opening and reading bids; notifying bidders of delay or changes

Current through July 10, 2024
Authority: IC
				  4-13-2-9; IC
				  4-13.6-3-1
Affected: IC 4-13.6; IC
				  5-16-2-1
Sec. 4.
All bids shall be opened publicly and read at the place and
				  time stated in the public notice and/or instructions to bidders, unless some
				  condition or situation makes it impractical or impossible to do so. Should the
				  time of opening be delayed or place of opening be changed for reason, every
				  effort shall be expended in bringing knowledge of the change to the interested
				  bidders as soon as the need for such a change becomes known to the Director.
				  Bids shall never be opened prior to the appointed time.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 2 - PUBLIC WORKS DIVISION › Rule 6 - Receipt and Acceptance of Bids › Section 6-5 - Contract bid award criteria; rejection or waiver of nonconforming bids

Current through July 10, 2024
Authority: IC
				  4-13-2-9; IC
				  4-13.6-3-1
Affected: IC 4-13.6; IC
				  5-16-1-2
Sec. 5.
All bids shall conform to all applicable requirements of the
				  specifications including the instructions to bidders, general conditions, and
				  special conditions. The bid officer shall:
(1) tentatively reject any bid failing to
				adhere to or conform to such;
(2)
				inform the director or in his or her absence the commissioner of this fact;
				and
(3) await a decision as to the
				acceptability of the bid.
The intent of the department is to not waive technicalities
				  of the bidding procedure. The award of a contract shall be made on the basis of
				  the lowest responsible and responsive bid.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 2 - PUBLIC WORKS DIVISION › Rule 6 - Receipt and Acceptance of Bids › Section 6-6 - Single bid received; criteria for acceptance

Current through July 10, 2024
Authority: IC
				  4-13-2-9; IC
				  4-13.6-3-1
Affected: IC 4-13.6
Sec. 6.
If after proper solicitation of bids, only one bid is
				  received, the Director shall make a thorough review of the situation in consort
				  with the operating department to determine whether the one bid should be
				  accepted or rejected and rebid. In making this judgment they should consider
				  the type of work, its competitiveness, the timely need of the project, the
				  possibility of unfavorable prices if rebid, the possible loss of the low bidder
				  if rebid, and the equitable fairness to the single bidder of having his bid
				  divulged to subsequent bidders if the project is rebid.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 2 - PUBLIC WORKS DIVISION › Rule 6 - Receipt and Acceptance of Bids › Section 6-7 - Confirmation of significantly low bid

Current through July 10, 2024
Authority: IC
				  4-13-2-9; IC
				  4-13.6-3-1
Affected: IC 4-13.6; IC
				  5-16-2-1
Sec. 7.
A bid significantly below the other bids or the project cost
				  estimate shall not be treated as prima facia evidence of mistake and no bid
				  will be rejected based on presumed error in bid. In such instances the Bid
				  Officer shall ask the low bidder, if represented at the opening, to quickly
				  confirm his bid, while the bid opening is still in session, and if an error is
				  alleged to have been made to submit evidence of such error in a timely manner
				  to the Director, for consideration by the State. If the apparent low bidder is
				  not present at the bid opening, the Bid Officer shall contact him as soon as
				  possible and secure a confirmation of his bid or evidence of error.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 2 - PUBLIC WORKS DIVISION › Rule 6 - Receipt and Acceptance of Bids › Section 6-8 - Low bid exceeds available funds

Current through July 10, 2024
Authority: IC
				  4-13-2-9; IC
				  4-13.6-3-1
Affected: IC 4-13.6
Sec. 8.
If the low bid exceeds the allocation, and additional funds
				  are requested but not approved, then bids shall be rejected and project
				  suspended or rebid with design revised in value equivalent to the overrun.