reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 11 - PREQUALIFICATION OF CONTRACTORS AND BIDDING › Rule 1 - Definitions › Section 1-23 - "Project" defined

Current through July 10, 2024
Authority: IC
				  8-23-2-6
Affected: IC 8-23-10
Sec. 23.
"Project" means a specific section of the highway where work
				  is to be performed under the contract.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 11 - PREQUALIFICATION OF CONTRACTORS AND BIDDING › Rule 1 - Definitions › Section 1-24 - "Proposal bid" defined

Current through July 10, 2024
Authority: IC
				  8-23-2-6
Affected: IC 8-23-10
Sec. 24.
"Proposal bid" means the offer of a bidder, in a format
				  prescribed by the department, to perform the work and to furnish the labor and
				  materials at the prices quoted.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 11 - PREQUALIFICATION OF CONTRACTORS AND BIDDING › Rule 1 - Definitions › Section 1-24.3 - "Proposal form" defined

Current through July 10, 2024
Authority: IC
				  8-23-2-6
Affected: IC 8-23-10
Sec. 24.3.
"Proposal form" means the form issued by the department
				  through which the bidder submits its proposal bid.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 11 - PREQUALIFICATION OF CONTRACTORS AND BIDDING › Rule 1 - Definitions › Section 1-25 - "Quorum" defined

Current through July 10, 2024
Authority: IC
				  8-23-2-6
Affected: IC 8-23-10
Sec. 25.
"Quorum" means that number of members of the prequalification
				  committee or their designated alternates that constitutes a majority of its
				  voting members. For this purpose, the chairman is not considered a voting
				  member.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 11 - PREQUALIFICATION OF CONTRACTORS AND BIDDING › Rule 1 - Definitions › Section 1-25.5 - "Signed" defined

Current through July 10, 2024
Authority: IC
				  8-23-2-6
Affected: IC 8-23-10
Sec. 25.5.
"Signed" means properly endorsed, either through written or
				  electronic means.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 11 - PREQUALIFICATION OF CONTRACTORS AND BIDDING › Rule 1 - Definitions › Section 1-26 - "Special provisions" defined

Current through July 10, 2024
Authority: IC
				  8-23-2-6
Affected: IC 8-23-10
Sec. 26.
"Special provisions" refers to additions and revisions to the
				  standard and supplemental specifications covering conditions peculiar to an
				  individual project.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 11 - PREQUALIFICATION OF CONTRACTORS AND BIDDING › Rule 1 - Definitions › Section 1-27 - "Specifications" defined

Current through July 10, 2024
Authority: IC
				  8-23-2-6
Affected: IC 8-23-10
Sec. 27.
"Specifications" refers to all directions, provisions, and
				  requirements pertaining to performance of the work.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 11 - PREQUALIFICATION OF CONTRACTORS AND BIDDING › Rule 1 - Definitions › Section 1-28 - "Standard specifications" defined

Current through July 10, 2024
Authority: IC
				  8-23-2-6
Affected: IC 8-23-10
Sec. 28.
"Standard specifications" means the compilation of standard
				  specifications and general provisions:
(1) adopted by the department; and
(2) published by compact disk, the
				department's Internet site, or other media.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 11 - PREQUALIFICATION OF CONTRACTORS AND BIDDING › Rule 1 - Definitions › Section 1-29 - "Statement" defined

Current through July 10, 2024
Authority: IC
				  8-23-2-6
Affected: IC 8-23-10
Sec. 29.
"Statement" means the form titled "Contractors Statement of
				  Experience and Financial Condition".
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 11 - PREQUALIFICATION OF CONTRACTORS AND BIDDING › Rule 1 - Definitions › Section 1-30 - "Subcontractor" defined

Current through July 10, 2024
Authority: IC
				  8-23-2-6
Affected: IC 8-23-10
Sec. 30.
"Subcontractor" means an individual, partnership, firm,
				  corporation, or combination of same to whom the contractor sublets part of the
				  contract.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 11 - PREQUALIFICATION OF CONTRACTORS AND BIDDING › Rule 1 - Definitions › Section 1-31 - "Supplemental specifications" defined

Current through July 10, 2024
Authority: IC
				  8-23-2-6
Affected: IC 8-23-10
Sec. 31.
"Supplemental specifications" refers to additions and
				  revisions to the standard specifications that are adopted subsequent to
				  issuance of the standard specifications.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 11 - PREQUALIFICATION OF CONTRACTORS AND BIDDING › Rule 1 - Definitions › Section 1-32 - "Surety" defined

Current through July 10, 2024
Authority: IC
				  8-23-2-6
Affected: IC 8-23-10
Sec. 32.
"Surety" means the corporate body bound with and for the
				  contractor for the full and complete performance of the contract and for the
				  payment of all debts pertaining to the work. When applied to the bid bond, it
				  refers to the corporate body which engages to be responsible for the execution
				  of the contract by the bidder, within the specified time.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 11 - PREQUALIFICATION OF CONTRACTORS AND BIDDING › Rule 1 - Definitions › Section 1-33 - "Unearned work" defined

Current through July 10, 2024
Authority: IC
				  8-23-2-6
Affected: IC 8-23-10
Sec. 33.
"Unearned work" means the total dollar value of work
				  contracted for but not performed. The value of items purchased and delivered,
				  but not installed, is considered unearned work. For a specific department
				  contract, the value of unearned work shall be based upon the original amount
				  bid, plus the value of items added by approved change orders, minus items
				  deleted by approved change orders, minus the most recent progress estimate
				  submitted by the department's project engineer/supervisor, minus this person's
				  determination of items performed subsequent to the progress estimate but prior
				  to the point in time for which unearned work is calculated.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 11 - PREQUALIFICATION OF CONTRACTORS AND BIDDING › Rule 2 - Requirements for Prequalification of Contractors › Section 2-2 - Preparation and filing

Current through July 10, 2024
Authority: IC
				  8-23-2-6
Affected: IC
				  8-23-10-2;
				  IC
				  8-23-10-3
Sec. 2.
(a) The contractor
				  must submit the original statement for prequalification to the prequalification
				  engineer. This statement must be complete, clearly legible, and in ink or
				  typed.
(b) If the date of the
				  statement is more than six (6) months old when submitted, the prequalification
				  engineer may request a new statement.
(c) An unaudited statement more than six (6)
				  months old will not be considered for qualification.
(d) The financial statement furnished by an
				  applicant for qualification of more than one million dollars ($1,000,000) must
				  be prepared and attested as audited by an independent:
(1) certified public accountant registered
				  and in good standing in any state; or
(2) public accountant registered and in good
				  standing in Indiana.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 11 - PREQUALIFICATION OF CONTRACTORS AND BIDDING › Rule 2 - Requirements for Prequalification of Contractors › Section 2-3 - Classification and capacity rating

Current through July 10, 2024
Authority: IC
				  8-23-2-6
Affected: IC
				  8-23-10-2;
				  IC
				  8-23-10-4
Sec. 3.
(a) A
				contractor may be classified for one (1) or more types of work and will be
				rated in accordance with its financial ability, adequacy of plant and
				equipment, organization, prior experience, record of construction, and other
				pertinent and material facts which may affect its classification. The
				contractor will be assigned a classification which will limit the type and
				quantity of uncompleted work it has under contract at any one (1) time as
				principal or subcontractor regardless of the location of the work or with whom
				it is contracted.
(b) A contractor
				will be assigned an aggregate amount that is to be considered the largest
				dollar amount of uncompleted work it shall have under contract at any one (1)
				time, either as principal or subcontractor, or both, regardless of its location
				and with whom it is contracted, with the following exception: If the aggregate
				amount is less than three hundred thousand dollars ($300,000), the aggregate
				amount is to be considered the largest dollar amount of uncompleted work a
				contractor shall have under contract at any one (1) time as a principal,
				regardless of its location and with whom it is contracted. The largest dollar
				amount of uncompleted work the contractor shall have under contract at any one
				(1) time, as principal and subcontractor, regardless of its location and with
				whom it is contracted, shall not exceed three hundred thousand dollars
				($300,000).
(c) The contractor's
				maximum aggregate rating as determined from the statement will be the sum of
				the following rating components:
(1) Net
				current assets multiplied by ten (10).
(2) Construction equipment assets (net book
				value) multiplied by eight (8), but not to exceed one and one-half (1 1/2)
				times subdivision (1).
(3) Net
				fixed and other assets multiplied by two (2), but not to exceed twenty-five
				percent (25%) of subdivision (1) plus subdivision (2).
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 11 - PREQUALIFICATION OF CONTRACTORS AND BIDDING › Rule 2 - Requirements for Prequalification of Contractors › Section 2-5 - Change in certificate of qualification

Current through July 10, 2024
Authority: IC
				  8-23-2-6
Affected: IC 8-23-10
Sec. 5.
(a) The
				prequalification committee may recommend to the commissioner a change in the
				certificate of qualification issued to a contractor based upon the receipt of
				additional information. Notification of a change in a certificate of
				qualification will be made in writing and will become effective after all
				avenues of appeal under section 9 of this rule are exhausted. If the action
				involves the addition of a classification or the increase of a rating to a
				certificate of qualification, the certificate will become effective on the date
				the commissioner signs it and will be in effect during the administrative
				appeal under section 9 of this rule.
(b) A request from the contractor for a
				change in its qualification status must be in writing and received not less
				than fifteen (15) days prior to the bid opening date. An applicant who has been
				refused qualification, or who is dissatisfied with the department's decision as
				to the aggregate amount of uncompleted work to be permitted under contract at
				any one (1) time, or with any limitation as to the class or classes of work on
				which the bidder is authorized to bid, may at any time after the expiration of
				ninety (90) days from the date of the department's previous decision request a
				change in or file a new application for qualification.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 11 - PREQUALIFICATION OF CONTRACTORS AND BIDDING › Rule 2 - Requirements for Prequalification of Contractors › Section 2-6 - Suspension of certificate of qualification

Current through July 10, 2024
Authority: IC
				  8-23-2-6
Affected: IC
				  8-23-10-2
Sec. 6.
(a) The
				prequalification committee may recommend to the commissioner the suspension of
				the contractor's certificate of qualification if the contractor's work is
				unsatisfactory, if it is apparent the contractor will be unable to complete its
				contracts on time, or if the contractor has failed to adequately document a
				current or previous contract.
(b)
				Notification of the suspension shall be made in writing, and the suspension
				will become effective after all avenues of appeal under section 9 of this rule
				are exhausted. The suspension will be lifted when the contractor has taken
				corrective action to the personal satisfaction of the commissioner.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 11 - PREQUALIFICATION OF CONTRACTORS AND BIDDING › Rule 2 - Requirements for Prequalification of Contractors › Section 2-7 - Withdrawal of certificate of qualification

Current through July 10, 2024
Authority: IC
				  8-23-2-6
Affected: IC
				  8-23-10-2
Sec. 7.
A certificate of qualification may be withdrawn if it has
				  been administratively determined by the prequalification committee that the
				  firm or corporation is no longer active or in existence. Notification of the
				  withdrawal shall be made in writing and will become effective after all avenues
				  of appeal under section 9 of this rule are exhausted.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 11 - PREQUALIFICATION OF CONTRACTORS AND BIDDING › Rule 2 - Requirements for Prequalification of Contractors › Section 2-8 - Revocation of certificate of qualification

Current through July 10, 2024
Authority: IC
				  8-23-2-6
Affected: IC
				  8-23-10-2;
				  IC
				  8-23-10-8
Sec. 8.
(a) A
				certificate of qualification may be revoked if it is administratively
				determined by the prequalification committee that the contractor or
				subcontractor has done any of the following:
(1) Failed to timely pay, or satisfactorily
				settle, any bills due to labor and material on former or existing
				contracts.
(2) Is found to be in
				violation of either a state or federal law or regulation or the rules of a
				state or federal:
(A) department;
(B) board;
(C) bureau;
(D) agency; or
(E) commission.
(3) Defaulted on a contract.
(4) Failed to enter into a department
				contract.
(5) Falsified any
				document required by:
(A) the
				department;
(B) the state board of
				accounts; or
(C) any agency of the
				state of Indiana.
For the purpose of this section, "falsify" means an
				  intentional act of omission or commission.
(6) Was convicted of a bidding crime
				resulting from a jury or bench trial, entered into a plea of guilty or nolo
				contendere, made a public admission, made a presentation as an unindicted
				co-conspirator, or gave testimony, which is protected by a grant of immunity,
				in any jurisdiction.
(7) Failed to
				perform any part or portion of an existing or previous contract.
(8) Failed to submit in a timely manner:
(A) information;
(B) documented explanations; or
(C) evidence;
required in the contract documents or proposal form.
(9) Has been debarred by
				a federal agency.
(10) Failed to
				comply with any and all proposal form requirements concerning disadvantaged
				business enterprise (DBE) and women business enterprise (WBE) goals.
(11) Had knowledge that a subcontractor
				further subcontracted its work.
(12) Offered or gave a gift with a market
				value of ten dollars ($10) or more, to a unit, officer, or employee of the
				department, or repetitively offered or gave gifts of a value of ten dollars
				($10) or less to a unit, officer, or employee of the department.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 11 - PREQUALIFICATION OF CONTRACTORS AND BIDDING › Rule 2 - Requirements for Prequalification of Contractors › Section 2-10 - Subcontractors

Current through July 10, 2024
Authority: IC
				  8-23-2-6
Affected: IC
				  8-23-10-4
Sec. 10.
(a) It is
				unlawful for a successful bidder to enter into a subcontract with any other
				person involving the performance of any part of any work upon which the bidder
				may be engaged for the department in an amount in excess of one hundred
				thousand dollars ($100,000) unless the subcontractor has been properly
				qualified for the work sublet to it.
(b) The prequalification requirements of this
				section do not apply to:
(1) professional
				services; or
(2) hauling material
				or supplies to or from a job site.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 11 - PREQUALIFICATION OF CONTRACTORS AND BIDDING › Rule 2 - Requirements for Prequalification of Contractors › Section 2-11 - False statements

Current through July 10, 2024
Authority: IC
				  8-23-2-6
Affected: IC
				  8-23-10-8
Sec. 11.
An applicant who is convicted of knowingly making a false
				  statement with respect to the applicant's financial worth in an application for
				  qualification, financial statement, or other written instrument filed by the
				  applicant with the department under this rule is not entitled to submit bids
				  for a period of two (2) years following the date of conviction.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 11 - PREQUALIFICATION OF CONTRACTORS AND BIDDING › Rule 2 - Requirements for Prequalification of Contractors › Section 2-12 - Gifts

Current through July 10, 2024
Authority: IC
				  8-23-2-6
Affected: IC
				  8-23-10-2
Sec. 12.
A contractor shall not offer or give a gift, including, but
				  not limited to, money, goods, services, meals, and entertainment, to any unit,
				  officer, or employee of the department if such gift has a fair market value of
				  ten dollars ($10) or more. Repetitive offering or giving gifts of a value of
				  ten dollars ($10) or less is also prohibited. "Unit" means any district,
				  division, section, or other group of department employees. Exceptions to this
				  provision must be approved in writing by the department's commissioner.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 11 - PREQUALIFICATION OF CONTRACTORS AND BIDDING › Rule 3 - Requirements for Bidding › Section 3-1 - Equal employment opportunity

Current through July 10, 2024
Authority: IC
				  8-23-2-6
Affected: IC 8-23-10
Sec. 1.
A contractor who desires to bid, or perform work on
				  department contracts, must first file an affidavit accepting equal employment
				  opportunity requirements.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 11 - PREQUALIFICATION OF CONTRACTORS AND BIDDING › Rule 3 - Requirements for Bidding › Section 3-2 - Issuance of proposal forms

Current through July 10, 2024
Authority: IC
				  8-23-2-6
Affected: IC 8-23-10
Sec. 2.
(a) When
				requested, a proposal form will be issued to any properly qualified contractor
				up to 4:30 p.m., Indianapolis time, on the last workday immediately preceding
				the bid opening date unless otherwise indicated in the advertisement. The
				prospective bidder, and other persons, will be required to pay the sum stated
				in the notice to contractors for bidding material ordered. No refunds will be
				made for materials ordered and returned except in cases of error in filling
				orders or when a project advertised is withdrawn prior to the bid opening. The
				department will make proposal forms available electronically through a
				designated electronic medium as specified by the department's notice to
				contractors.
(b) The contractor or
				bidder submitting a bid accepts and assumes the risk that the proposal form and
				plans are complete. By submitting a bid, the bidder certifies that it has
				checked the proposal form and plans to confirm that they are complete. The
				contractor or bidder agrees to waive all claims relating to the completeness of
				the proposal form and plans. If the contractor or bidder finds an error or
				omission, the contractor or bidder shall notify the department as specified in
				the proposal form at least ten (10) days before the date the bids are to be
				opened.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 11 - PREQUALIFICATION OF CONTRACTORS AND BIDDING › Rule 3 - Requirements for Bidding › Section 3-3 - Qualification

Current through July 10, 2024
Authority: IC
				  8-23-2-6
Affected: IC 8-23-10
Sec. 3.
(a) The
				department's notice to contractors will list one (1) or more types or classes
				of work for a contract.
(b) A
				bidder must have bidding capacity equal to or greater than its total bid in the
				advertised class or combination of classes of work listed in the department's
				notice to contractors for the specific contract.
(c) A contractor not acceptable to the
				Federal Highway Administration is not eligible for work on a contract involving
				federal funds.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 11 - PREQUALIFICATION OF CONTRACTORS AND BIDDING › Rule 3 - Requirements for Bidding › Section 3-4 - Bidding capacity

Current through July 10, 2024
Authority: IC
				  8-23-2-6
Affected: IC 8-23-10
Sec. 4.
(a) If the
				bidder's aggregate amount of work is greater than three hundred thousand
				dollars ($300,000), then the bidder's bidding capacity with the department on
				any given date will be determined by deducting the value of all unearned work
				as of that date on contracts and subcontracts for work of any owner,
				contractor, or other party from the aggregate rating and from the appropriate
				classified ratings that are stated on its certificate of qualification. If the
				bidder's aggregate amount is equal to or less than three hundred thousand
				dollars ($300,000), the bidder's bidding capacity with the department on any
				given date will be determined as the lesser of the value of all unearned work
				as of that date on:
(1) contracts for work of
				any owner or other party deducted from the aggregate rating and from the
				appropriate classified ratings that are stated on the bidder's certificate of
				qualification; or
(2) contracts and
				subcontracts for work of any owner, contractor, or other party deducted from
				three hundred thousand dollars ($300,000).
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 11 - PREQUALIFICATION OF CONTRACTORS AND BIDDING › Rule 3 - Requirements for Bidding › Section 3-5 - Joint ventures

Current through July 10, 2024
Authority: IC
				  8-23-2-6
Affected: IC 8-23-10
Sec. 5.
(a) A bid of
				two (2) or three (3) contractors will be considered a joint venture. Not more
				than three (3) contractors will be permitted as parties to a joint venture. All
				contractors applying for joint venture approval must be prequalified
				separately.
(b) A contractor that
				is a member of a joint venture may not submit a proposal bid, in its individual
				capacity or as a participant in another joint venture, for the same contract on
				which the joint venture bids.
(c)
				The bidding proposal:
(1) will be taken out in
				the name of the joint venture; and
(2) shall be signed by each participating
				contractor;
with each contractor fully responsible for the completion of
				  all contract items. For electronic proposal bids, the joint bidder will be
				  issued a unique vendor identification by the designated electronic medium, and
				  the unique vendor identification shall be used to sign the joint venture. The
				  contractors in the joint venture may combine their individual bidding
				  capacities in order to meet the requirements of section 3 of this rule. A
				  contractor in a joint venture shall have bidding capacity for the work the
				  contractor is to perform. The bid items or the percentage of the bid item to be
				  performed by a contractor in the joint venture must be shown in the proposal
				  bid. The value thereof will be charged to the individual contractor's aggregate
				  and classified bidding capacity.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 11 - PREQUALIFICATION OF CONTRACTORS AND BIDDING › Rule 3 - Requirements for Bidding › Section 3-6 - Examination of contract documents and site of work

Current through July 10, 2024
Authority: IC
				  8-23-2-6
Affected: IC 8-23-10
Sec. 6.
(a) The
				bidder shall make a reasonable visual examination of the site of the proposed
				work and the contract documents before submitting a proposal bid. The
				submission of a proposal bid will be considered conclusive evidence that the
				bidder has made a reasonable visual examination of the project site and
				contract documents.
(b) When an
				item listed as a pay item is:
(1) shown on
				the plans and not in the schedule of pay items; and
(2) not specifically excluded from payment in
				the specifications or in the contract documents;
the item may be considered an omission in the schedule of pay
				  items or an error in the plans. The department may revise the schedule of pay
				  items or the plans. The department also may determine that payment for the item
				  will be made in accordance with the department's Standard Specifications when
				  the work has been authorized by the department and performed by the
				  contractor.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 11 - PREQUALIFICATION OF CONTRACTORS AND BIDDING › Rule 3 - Requirements for Bidding › Section 3-7 - Preparation of proposal bid

Current through July 10, 2024
Authority: IC
				  8-23-2-6
Affected: IC
				  8-23-9-21;
				  IC 8-23-10
Sec. 7.
(a) No part
				of the proposal form or proposal bid shall be deleted, detached, or
				altered.
(b) The quantities
				appearing in the schedule of pay items are approximate and are prepared for the
				comparison of bids. Payment to the contractor will be made only for:
(1) the actual quantities of work performed
				and accepted; or
(2) materials
				furnished in accordance with the contract.
The scheduled quantities of work to be done and materials to
				  be furnished may be increased, decreased, or omitted.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 11 - PREQUALIFICATION OF CONTRACTORS AND BIDDING › Rule 3 - Requirements for Bidding › Section 3-8 - Bid and performance bonds

Current through July 10, 2024
Authority: IC
				  8-23-2-6
Affected: IC 8-23-9
Sec. 8.
(a) A bidder
				must submit a bid bond and a performance bond as designated on the proposal
				page, except as provided in subsection (c). The bonds must be:
(1) properly executed by a surety company
				satisfactory to the department; and
(2) payable to the state of
				Indiana.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 11 - PREQUALIFICATION OF CONTRACTORS AND BIDDING › Rule 3 - Requirements for Bidding › Section 3-9 - Combination proposal bids

Current through July 10, 2024
Authority: IC
				  8-23-2-6
Affected: IC 8-23-10
Sec. 9.
If the department elects, proposal forms may be issued for
				  projects in combination or separately, so that bids may be submitted either on
				  the combination or on separate units of the combination. The commissioner may
				  make awards on combination bids or separate bids to the best advantage of the
				  state. No combination bids, other than those specifically set up in the
				  proposal forms by the department, will be considered.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 11 - PREQUALIFICATION OF CONTRACTORS AND BIDDING › Rule 3 - Requirements for Bidding › Section 3-10 - Conditional proposal bids

Current through July 10, 2024
Authority: IC
				  8-23-2-6
Affected: IC 8-23-10
Sec. 10.
(a)
				Contracts on which bids are requested will be advertised as:
(1) "Roadway Construction Contracts Group (R,
				IR, RS)";
(2) "Bridge Construction
				Contracts Group (B, IB)";
(3)
				"Traffic Contracts Group (T, TM)"; or
(4) "Maintenance Contracts Group M".
Proposal bids will be marked "regular" or "conditional", and
				  the bidder shall select the word that applies; otherwise, the proposal bids
				  will be considered regular. A bidder may submit either a regular or a
				  conditional proposal bid on a contract unless otherwise stated in the notice to
				  contractors or the special provisions, provided, the bidder submits at least
				  one (1) regular proposal bid in the same group. The sum of a bidder's regular
				  proposal bids in all groups and the bidder's uncompleted work on hand must not
				  exceed the bidder's qualification limits.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 11 - PREQUALIFICATION OF CONTRACTORS AND BIDDING › Rule 3 - Requirements for Bidding › Section 3-11 - Delivery of proposal bids

Current through July 10, 2024
Authority: IC
				  8-23-2-6
Affected: IC 8-23-10
Sec. 11.
A bidder must submit each proposal bid by the medium
				  designated in the proposal form before the time specified in the notice to
				  contractors in order to be considered. When the proposal form allows a paper
				  proposal bid to be submitted, the bid shall be submitted in a sealed envelope,
				  and the blank spaces on the envelope furnished must be filled in correctly to
				  clearly indicate its content. When an envelope other than the one furnished by
				  the department is used, it must be:
(1) of the same general size and shape;
				and
(2) similarly marked to clearly
				indicate its contents.
Paper proposals bids received after the time advertised for
				  opening of bids will be returned to the bidder unopened.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 11 - PREQUALIFICATION OF CONTRACTORS AND BIDDING › Rule 3 - Requirements for Bidding › Section 3-12 - Withdrawal or revision of proposal bids

Current through July 10, 2024
Authority: IC
				  8-23-2-6
Affected: IC 8-23-10
Sec. 12.
A bidder may withdraw or revise a proposal bid through a
				  medium designated in the proposal form before the time set for receipt of bids.
				  When a paper bid is submitted, a bidder may withdraw or revise a proposal bid
				  after it has been deposited with the department if the request for withdrawal
				  or revision is received by the department in writing before the time set for
				  receipt of bids.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 11 - PREQUALIFICATION OF CONTRACTORS AND BIDDING › Rule 3 - Requirements for Bidding › Section 3-13 - Public opening of proposal bids

Current through July 10, 2024
Authority: IC
				  8-23-2-6
Affected: IC
				  8-23-9-1;
				  IC 8-23-10
Sec. 13.
Proposal bids will be downloaded from the electronic medium
				  or opened and read publicly on the date and at the time and place advertised or
				  at another public place that the commissioner may designate on the day the
				  proposal bids are to be read publicly. Bidders, their authorized agents, and
				  other interested parties may be present. The department shall not release the
				  individual estimated items that were summarized in the engineer's total cost
				  estimate.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 11 - PREQUALIFICATION OF CONTRACTORS AND BIDDING › Rule 3 - Requirements for Bidding › Section 3-14 - Consideration of proposal bids

Current through July 10, 2024
Authority: IC
				  8-23-2-6
Affected: IC 8-23-9; IC 8-23-10
Sec. 14.
(a) When the
				proposal form allows paper proposal bids to be accepted and after the proposal
				bids are opened and read, the proposal bids will be compared on the basis of
				the summation of the products of the quantities shown in the department's
				schedule of pay items by the unit prices bid. If no unit price is shown for a
				pay item, the unit price will be determined by dividing the extension by the
				quantity shown in the department's scheduled pay items. If no extension or unit
				price is shown for one (1) pay item, the extension will be determined by
				subtracting the extensions from the contractor's total bid amount, provided
				that there are no errors in the contractor's extensions. The results of such
				comparisons will be available to the public. In the event of a discrepancy
				between unit prices bid and extensions, the unit prices bid will
				govern.
(b) The award of a
				contract, if it will be awarded, will be made after the opening of proposal
				bids to the lowest and best responsible and qualified bidder whose proposal bid
				complies with all the requirements prescribed in the proposal form and this
				article, provided the sum is not greater than the engineer's estimate. However,
				the commissioner may award a contract if the proposal bid is not more than five
				percent (5%) above the engineer's estimate and the commissioner believes that
				awarding a contract is in the best interests of the state. If the notice to
				proceed is not dated within sixty (60) days of the opening of bids, the
				proposal bid may be withdrawn by the contractor or the award rescinded by the
				commissioner. Acceptance of the contract by the contractor is deemed a
				reaffirmation of all items and prices in the original proposal bid. However,
				the proposal bid may not be withdrawn by the contractor if the notice to
				proceed is not dated within sixty (60) days of the opening of bids due to any
				of the following reasons:
(1) The contractor
				fails to furnish requested forms or information.
(2) The contractor has agreed to a
				delay.
(3) The department is
				involved in any judicial or administrative action or appeal relating to:
(A) a minority business enterprise;
(B) a disadvantaged business
				enterprise;
(C) a women's business
				enterprise goal or program; or
(D)
				any other judicial or administrative action arising out of the proposal
				bid.
(4) The contractor,
				either directly or indirectly, causes a delay through its commission or
				omission.
(5) The proposal bid
				states otherwise.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 11 - PREQUALIFICATION OF CONTRACTORS AND BIDDING › Rule 3 - Requirements for Bidding › Section 3-14.5 - Tax liability

Current through July 10, 2024
Authority: IC
				  8-23-2-6
Affected: IC
				  6-8.1-8-2;
				  IC
				  8-23-10-7
Sec. 14.5.
(a) Under
				IC
				8-23-10-7,
				if the department is notified by the department of state revenue that a bidder
				is on the most recent tax warrant list, the department may not enter into a
				contract with that bidder until:
(1) the
				bidder provides to the department a statement from the department of state
				revenue that the bidder's delinquent tax liability has been satisfied;
				or
(2) the department receives a
				notice from the commissioner of the department of state revenue under IC
				6-8.1-8-2(k).
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 11 - PREQUALIFICATION OF CONTRACTORS AND BIDDING › Rule 3 - Requirements for Bidding › Section 3-15 - Corporations

Current through July 10, 2024
Authority: IC
				  8-23-2-6
Affected: IC 8-23-10
Sec. 15.
(a) The
				department will not enter into a contract or approve a subcontract with any
				corporation unless the corporation is registered and in good standing to do
				business in Indiana by the Indiana secretary of state. If:
(1) the corporation does not have
				authorization to do business in Indiana at the time its bid is submitted;
				and
(2) its bid is low and
				accepted;
valid evidence must be furnished within fifteen (15) days
				  after the opening of bids showing that the authorization has been acquired.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 11 - PREQUALIFICATION OF CONTRACTORS AND BIDDING › Rule 3 - Requirements for Bidding › Section 3-16 - Rejection of proposal bid after opening

Current through July 10, 2024
Authority: IC
				  8-23-2-6
Affected: IC
				  8-23-9-2;
				  IC
				  8-23-9-13; IC
				  8-23-10-1;
				  IC
				  8-23-10-6
Sec. 16.
(a) A
				proposal bid opened and read will be subsequently rejected under the following
				conditions:
(1) When the bidder fails to
				submit with the bid a:
(A) properly executed:
(i) bid bond;
(ii) performance bond; or
(iii) noncollusion affidavit; or
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 12 - PROCUREMENT OF SUPPLIES AND SERVICES › Rule 1 - Definitions › Section 1-1 - Applicability

Current through July 10, 2024
Authority: IC
				  8-23-2-6
Affected: IC 4-13.4-2-3
Sec. 1.
The definitions in this rule apply throughout this article.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 12 - PROCUREMENT OF SUPPLIES AND SERVICES › Rule 1 - Definitions › Section 1-2 - "Award" defined

Current through July 10, 2024
Authority: IC
				  8-23-2-6
Affected: IC 4-13.4-2-3
Sec. 2.
"Award" means the decision of the commissioner to accept a
				  bid, subject to the execution and approval of a satisfactory contract and all
				  other conditions required by the invitation to bid or by law.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 12 - PROCUREMENT OF SUPPLIES AND SERVICES › Rule 1 - Definitions › Section 1-3 - "Bid" defined

Current through July 10, 2024
Authority: IC
				  8-23-2-6
Affected: IC 4-13.4-2-3
Sec. 3.
"Bid" means the offer of a bidder, submitted in the
				  prescribed manner, to furnish all labor, equipment, and materials and to
				  perform the specified work within the time prescribed.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 12 - PROCUREMENT OF SUPPLIES AND SERVICES › Rule 1 - Definitions › Section 1-4 - "Bid bond" defined

Current through July 10, 2024
Authority: IC
				  8-23-2-6
Affected: IC 4-13.4-2-3
Sec. 4.
"Bid bond" means the approved form of security furnished with
				  a bid to guarantee that the bidder will enter into the contract if its bid is
				  accepted.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 12 - PROCUREMENT OF SUPPLIES AND SERVICES › Rule 1 - Definitions › Section 1-5 - "Bidder" defined

Current through July 10, 2024
Authority: IC
				  8-23-2-6
Affected: IC 4-13.4-2-3
Sec. 5.
"Bidder" means a person who submits a bid or proposal for a
				  contract with the department.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 12 - PROCUREMENT OF SUPPLIES AND SERVICES › Rule 1 - Definitions › Section 1-6 - "Change order" defined

Current through July 10, 2024
Authority: IC
				  8-23-2-6
Affected: IC 5-22
Sec. 6.
"Change order" means a written order that:
(1) is signed by the purchasing agent;
				and
(2) directs the contractor to
				make changes that the contract authorizes the purchasing agent to order without
				the consent of the contractor.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 12 - PROCUREMENT OF SUPPLIES AND SERVICES › Rule 1 - Definitions › Section 1-7 - "Commissioner" defined

Current through July 10, 2024
Authority: IC
				  8-23-2-6
Affected: IC 4-13.4-2-3
Sec. 7.
"Commissioner" refers to the commissioner of the Indiana
				  department of transportation or the designee of the commissioner.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 12 - PROCUREMENT OF SUPPLIES AND SERVICES › Rule 1 - Definitions › Section 1-8 - "Contract" defined

Current through July 10, 2024
Authority: IC
				  8-23-2-6
Affected: IC 4-13.4-2-3
Sec. 8.
"Contract" means all types of agreements for the procurement
				  of supplies or services.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 12 - PROCUREMENT OF SUPPLIES AND SERVICES › Rule 1 - Definitions › Section 1-9 - "Contract modification" defined

Current through July 10, 2024
Authority: IC
				  8-23-2-6
Affected: IC 5-22
Sec. 9.
"Contract modification" means a written alteration:
(1) in a specification, delivery point, rate
				of delivery, period of performance, price, quantity, or another provision of a
				contract; and
(2) accomplished by
				mutual action of the parties to the contract.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 12 - PROCUREMENT OF SUPPLIES AND SERVICES › Rule 1 - Definitions › Section 1-10 - "Contractor" defined

Current through July 10, 2024
Authority: IC
				  8-23-2-6
Affected: IC 5-22
Sec. 10.
"Contractor" refers to a person who has a contract with the
				  department.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 12 - PROCUREMENT OF SUPPLIES AND SERVICES › Rule 1 - Definitions › Section 1-11 - "Department" defined

Current through July 10, 2024
Authority: IC
				  8-23-2-6
Affected: IC 4-13.4-2-3
Sec. 11.
"Department" means the Indiana department of transportation.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 12 - PROCUREMENT OF SUPPLIES AND SERVICES › Rule 1 - Definitions › Section 1-12 - "Designee" defined

Current through July 10, 2024
Authority: IC
				  8-23-2-6
Affected: IC 5-22
Sec. 12.
"Designee" means an authorized representative of the
				  commissioner.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 12 - PROCUREMENT OF SUPPLIES AND SERVICES › Rule 1 - Definitions › Section 1-13 - "Established catalog price" defined

Current through July 10, 2024
Authority: IC
				  8-23-2-6
Affected: IC 5-22
Sec. 13.
"Established catalog price" refers to the price included in a
				  catalog, price list, schedule, or other form that:
(1) is regularly maintained by the
				manufacturer or contractor;
(2) is
				either published or otherwise available for inspection by customers;
				and
(3) states prices at which
				sales are currently or were last made to a significant number of any category
				of buyers, or buyers constituting the general buying public, for the supplies
				or services involved.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 12 - PROCUREMENT OF SUPPLIES AND SERVICES › Rule 1 - Definitions › Section 1-13.5 - "Fuel" defined

Current through July 10, 2024
Authority: IC
				  8-23-2-6
Affected: IC 4-13.4-2-3
Sec. 13.5.
"Fuel" means gasoline, diesel fuel, compressed natural gas,
				  electricity, or other product used to operate equipment or a vehicle in the
				  department's fleet.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 12 - PROCUREMENT OF SUPPLIES AND SERVICES › Rule 1 - Definitions › Section 1-14 - "Invitation for bid" defined

Current through July 10, 2024
Authority: IC
				  8-23-2-6
Affected: IC 5-22
Sec. 14.
"Invitation for bid" means all documents, whether attached or
				  incorporated by reference, used for soliciting bids.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 12 - PROCUREMENT OF SUPPLIES AND SERVICES › Rule 1 - Definitions › Section 1-15 - "Performance bond" defined

Current through July 10, 2024
Authority: IC
				  8-23-2-6
Affected: IC 4-13.4-2-3
Sec. 15.
"Performance bond" means the approved form of security,
				  furnished and executed by the bidder and its surety or sureties, guaranteeing
				  complete execution of the contract and all supplemental agreements pertaining
				  thereto and for the payment of all legal debts pertaining to the furnishing of
				  the supplies or services. The performance bond will be in effect after both
				  parties have signed the contract and the contract has been approved by the
				  attorney general of the state of Indiana.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 12 - PROCUREMENT OF SUPPLIES AND SERVICES › Rule 1 - Definitions › Section 1-16 - "Person" defined

Current through July 10, 2024
Authority: IC
				  8-23-2-6
Affected: IC 5-22
Sec. 16.
"Person" includes an association, a business, a committee, a
				  corporation, a fiduciary, an individual, a joint stock company, a joint
				  venture, a limited liability company, a partnership, a sole proprietorship, a
				  trust, or another legal entity, organization, or group of individuals.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 12 - PROCUREMENT OF SUPPLIES AND SERVICES › Rule 1 - Definitions › Section 1-17 - "Procurement" defined

Current through July 10, 2024
Authority: IC
				  8-23-2-6
Affected: IC 4-13.4-2-3
Sec. 17.
"Procurement" means the process of buying, purchasing,
				  renting, leasing, or otherwise acquiring any supplies or services, including
				  description of requirements, selection or solicitation of sources, preparation
				  and award of contract, and all phases of contract administration.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 12 - PROCUREMENT OF SUPPLIES AND SERVICES › Rule 1 - Definitions › Section 1-18 - "Proposal" defined

Current through July 10, 2024
Authority: IC
				  8-23-2-6
Affected: IC 4-13.4-2-3
Sec. 18.
"Proposal" means an offer submitted on the prescribed
				  proposal form to furnish the supplies or services at the prices quoted by the
				  bidder on the proposal form.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 12 - PROCUREMENT OF SUPPLIES AND SERVICES › Rule 1 - Definitions › Section 1-19 - "Public works" defined

Current through July 10, 2024
Authority: IC
				  8-23-2-6
Affected: IC 4-13.4-2-3
Sec. 19.
"Public works" means the process of building, altering,
				  repairing, improving, or demolishing any public structure or building, or other
				  public improvement of any kind to any public real property owned by or leased
				  in the name of the state of Indiana; and it includes the routine operation,
				  routine repair, or routine maintenance of existing structures, buildings, or
				  real property.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 12 - PROCUREMENT OF SUPPLIES AND SERVICES › Rule 1 - Definitions › Section 1-20 - "Purchase description" defined

Current through July 10, 2024
Authority: IC
				  8-23-2-6
Affected: IC 5-22
Sec. 20.
(a)
				"Purchase description" means the words used in an invitation for bid to
				describe the supplies or services to be purchased.
(b) The term includes specifications attached
				to, or made a part of, the invitation for bid.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 12 - PROCUREMENT OF SUPPLIES AND SERVICES › Rule 1 - Definitions › Section 1-20.1 - "Purchasing agent" defined

Current through July 10, 2024
Authority: IC
				  8-23-2-6
Affected: IC 5-22
Sec. 20.1.
"Purchasing agent" means an individual authorized by the
				  department to act as an agent for the department in the administration of the
				  duties of the department.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 12 - PROCUREMENT OF SUPPLIES AND SERVICES › Rule 1 - Definitions › Section 1-21 - "Request for proposals" or "RFP" defined

Current through July 10, 2024
Authority: IC
				  8-23-2-6
Affected: IC 5-22
Sec. 21.
"Request for proposals" or "RFP" means all documents, whether
				  attached or incorporated by reference, used for soliciting proposals.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 12 - PROCUREMENT OF SUPPLIES AND SERVICES › Rule 1 - Definitions › Section 1-22 - "Responsible bidder" defined

Current through July 10, 2024
Authority: IC
				  8-23-2-6
Affected: IC 4-13.4-2-3
Sec. 22.
"Responsible bidder" means a person who has:
(1) the capability to fully perform the
				contract requirements; and
(2) the
				integrity and reliability that will ensure good faith performance.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 12 - PROCUREMENT OF SUPPLIES AND SERVICES › Rule 1 - Definitions › Section 1-23 - "Responsive bidder" defined

Current through July 10, 2024
Authority: IC
				  8-23-2-6
Affected: IC 5-22
Sec. 23.
"Responsive bidder" means a person who has submitted a bid
				  that conforms in all material respects to the invitation for bid.