reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 2 - PUBLIC WORKS DIVISION › Rule 7 - Award of Contracts › Section 7-1 - Bid acceptance or rejection; written contracts; director's recommendation

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. 1.
For all proposals under seventy-five thousand dollars
				  ($75,000), the designer shall make a recommendation to the director as to
				  acceptance or rejection of the bids. If the director concurs in a
				  recommendation for acceptance, a letter type contract may be sent to the
				  successful bidder with approval by the commissioner. For bids that exceed
				  seventy-five thousand dollars ($75,000), the designer, after a full review of
				  the bid and discussion with all interested parties to the bid, shall make
				  recommendation to the director as to acceptance or rejection of the bids. If
				  the director concurs in a recommendation for acceptance, the director shall
				  compose a formal contract for the signature of the commissioner for said work
				  after determining that funds are available. If bids are rejected, the director
				  shall consult all parties concerned to ascertain the advisability of rebidding
				  or canceling the project, commensurate with the provisions of
				  25 IAC
				  2-3-6 and
				  25 IAC
				  2-6-8.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 2 - PUBLIC WORKS DIVISION › Rule 7 - Award of Contracts › Section 7-2 - Lowest responsible bid acceptance criteria; rejection conditions

Current through July 10, 2024
Authority: IC
				  4-13-2-9; IC
				  4-13.6-3-1
Affected: IC
				  4-13.6-1-15;
				  IC
				  5-16-1-1.1;
				  IC 36-1-12
Sec. 2.
A bid may only be awarded to a responsible contractor.
				  Factors to be used in making a responsibility determination are quality of
				  material, experience, efficiency, and reputation of the bidder, the character,
				  integrity, credit, and conscientiousness of the bidder, the ability of the
				  bidder to respond and answer in accordance with what is expected or demanded
				  and to fulfill letter and spirit the contract made with him, the accessibility
				  of the bidder, and any other factor that the commissioner determines to affect
				  responsibility as defined in IC
				  4-13.6-1-15.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 2 - PUBLIC WORKS DIVISION › Rule 7 - Award of Contracts › Section 7-4 - Contract letter; documents required to initiate work

Current through July 10, 2024
Authority: IC
				  4-13-2-9; IC
				  4-13.6-3-1
Affected: IC 4-13.6
Sec. 4.
The Contract shall be transmitted to the Contractor for his
				  execution by a letter stating that the Contractor unless otherwise instructed
				  in writing, should not commence any work or take delivery of noninventory
				  materials until he receives a copy of the fully executed contract signed by all
				  required signatories and all auxiliary documents including but not limited to
				  insurance and bonds are completed and furnished to the state.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 2 - PUBLIC WORKS DIVISION › Rule 7 - Award of Contracts › Section 7-6 - Limitations on contract renewals

Current through July 10, 2024
Authority: IC 4-13-2-9; IC 4-13.6-3-1
Affected: IC 4-13-2; IC 36-1-12
Sec. 6.
For professional contractural services the Commissioner of
				  the Department of Administration may, before expiration of existing contracts
				  and with the consent of both parties, renew the contract annually not to exceed
				  a total period of four years, except in those cases where no competition exists
				  (
				  25
				  IAC 2-5-1 ). Contract renewals shall be made at the
				  same price or by reasonable escalations based on an independently published
				  index specified in the contract documents and agreeable to both parties.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 2 - PUBLIC WORKS DIVISION › Rule 7 - Award of Contracts › Section 7-7 - Contractor provided information

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. 7.
The prospective contractor shall supply information
				  requested by the state concerning the responsibility of such contractor. If
				  such contractor fails to supply the requested information, the state shall base
				  the determination of responsibility upon any available information or may find
				  the prospective contractor nonresponsible if such failure is unreasonable.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 2 - PUBLIC WORKS DIVISION › Rule 8 - Inspection of Construction › Section 8-1 - Construction inspection duties; designer's rights to approve design changes and interpretation

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 has the responsibility for the inspection of
				  all construction that has been designed by the division. The division shall
				  also make periodic reviews of all construction that has been designed by
				  contract designers; however, the designers by their contract are held
				  responsible for the primary inspection. Periodic review by the state does not
				  relieve the designer of the responsibility for the primary inspection, control,
				  and coordination of the project. On projects designed by a contract designer,
				  the inspectors or institutional employees shall not give instructions to any
				  contractor or subcontractor directly, except in an emergency, instead bringing
				  the facts to the attention of the contract designer for resolution. Any:
(1) change in the methods or performing an
				item of work;
(2) substitution of
				material;
(3) revision to
				schedule;
(4) extra work
				orders;
(5) extension of completion
				time; or
(6) interpretation of the
				plans and specifications;
shall originate with the designer and be approved by the
				  division.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 2 - PUBLIC WORKS DIVISION › Rule 9 - Approval of Partial Payments › Section 9-1 - Partial pay estimates; submission, review and approval procedure

Current through July 10, 2024
Authority: IC
				  4-13-2-9; IC
				  4-13.6-3-1
Affected: IC
				  5-16-5-2
Sec. 1.
Contractor shall submit partial pay estimates as set out in
				  the respective contract documents, but not more frequently than once a month,
				  using the established forms supplied by the Division. Such estimates shall be
				  submitted to the Designer for his review and approval. Designer must warrant
				  that the work as described in the estimate has been accomplished and materials
				  listed have been received and secured. The estimate shall then be transmitted
				  to the Division for approval and then submitted to the Director and
				  Commissioner for approval of payment.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 2 - PUBLIC WORKS DIVISION › Rule 9 - Approval of Partial Payments › Section 9-2 - Materials storage and identification for partial payment request

Current through July 10, 2024
Authority: IC
				  4-13-2-9; IC
				  4-13.6-3-1
Affected: IC
				  5-16-5-2
Sec. 2.
In order to be considered for inclusion in a partial payment
				  request, materials must either be stored in a secure manner on the site or be
				  separated and properly identified as being the property of the State and/or its
				  Contractor if remaining in an off-the-site warehouse not considered the place
				  of business of the vendor.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 2 - PUBLIC WORKS DIVISION › Rule 9 - Approval of Partial Payments › Section 9-3 - Nonpayment of subcontractors; documentation of nonpayment; procedure

Current through July 10, 2024
Authority: IC
				  4-13-2-9; IC
				  4-13.6-3-1
Affected: IC 4-13.6; IC 5-16-5; IC
				  15-14-3-1
Sec. 3.
Under IC 5-16-5, as amended, partial payments may be
				  temporarily held by the division if the division has received a certificate
				  from a subcontractor asserting that his or her work, having been completed
				  within the past sixty (60) days was billed to the prime contractor and not
				  paid. Copies of the certified claim shall be forwarded to the contractor's bond
				  surety, if applicable, for information and possible action. The partial pay
				  request shall be released for payment upon satisfactory evidence that the
				  subcontractor has been paid. If it is evident that a disagreement exists as to
				  the billing in question, then the state shall:
(1) reduce the partial billing by the amount
				claimed; and
(2) pass the balance
				on for payment.
Copies of all correspondence pertaining to the alleged
				  nonpayment to subcontractors in violation of the contract between the state and
				  the prime contractor shall be placed in their respective prequalification file
				  for review by the certification board. Information relative to the alleged
				  nonpayment of bills due involving a contractor, subcontractor, or materialman
				  shall be released to persons pursuant to the Public Records Act, IC
				  5-14-3-1
				  et seq.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 2 - PUBLIC WORKS DIVISION › Rule 10 - Acceptance of Project and Final Payment › Section 10-1 - Final project review; final billing

Current through July 10, 2024
Authority: IC
				  4-13-2-9; IC
				  4-13.6-3-1
Affected: IC 5-16-5
Sec. 1.
Whenever the project has progressed to the point of
				  substantial completion, a review shall be made by the designer accompanied by
				  the following:
(1) The
				contractor.
(2) A representative of
				the division.
(3) A representative
				of the operating department.
After all deficiencies have been substantially remedied, the
				  designer shall recommend to the director that the construction project be
				  accepted. After the director has accepted the project on behalf of the state,
				  the final billing may be submitted, accompanied by affidavits and other
				  documents evidencing that all subcontracts and bills for materials and services
				  have been paid.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 2 - PUBLIC WORKS DIVISION › Rule 10 - Acceptance of Project and Final Payment › Section 10-2 - Approval of bill for payment; deduction for amounts disputed with subcontractors or materialmen

Current through July 10, 2024
Authority: IC
				  4-13-2-9; IC
				  4-13.6-3-1
Affected: IC 5-16-5
Sec. 2.
Upon receipt of such final payment request and necessary
				  affidavits, the billing will be passed for payment unless certificates of
				  non-payment as submitted by subcontractors or materialmen have not yet been
				  resolved. In that event, the amounts alleged to be owed shall be deducted from
				  the contractor billings and the balance passed for payment as a partial
				  payment.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 2 - PUBLIC WORKS DIVISION › Rule 10 - Acceptance of Project and Final Payment › Section 10-3 - Final payment billing; preconditions

Current through July 10, 2024
Authority: IC
				  4-13-2-9; IC
				  4-13.6-3-1
Affected: IC 5-16-5; IC
				  5-16-5.5-6
Sec. 3.
Billing for final payment shall not be passed for payment
				  until 60 days after (1) all contractor and subcontractor work has been totally
				  completed including all punch list items, (2) all equipment has been delivered
				  to the site, and (3) all equipment to be installed by contractor, supplier or a
				  subcontractor has been installed and accepted. Final payment can be released
				  only if all punch list items are completed by the contractor.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 2 - PUBLIC WORKS DIVISION › Rule 11 - Emergencies › Section 11-1 - Emergency conditions; imminent threat of substantial loss

Current through July 10, 2024
Authority: IC 4-13-2-9
Affected: IC 5-16-1-1.6
Sec. 1.
Prima facie evidence of an emergency exists whenever a
				  substantial loss or service to the State would result if immediate remedial
				  action is not taken. In addition to IC 5-16-1-1.6 and
				  25 IAC
				  2-5-4 emergency may include expiration of bids where
				  loss of bids and rebidding would cause substantial loss to the State either by
				  additional cost or lost revenue.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 2 - PUBLIC WORKS DIVISION › Rule 11 - Emergencies › Section 11-2 - State as non-occupying lessor; emergency procedures

Current through July 10, 2024
Authority: IC 4-13-2-9
Affected: IC 5-16-1-1.6
Sec. 2.
If state owned property is under lease to others and is in a
				  state of disrepair to an extent that a continuance in this state may cause a
				  default in such contract, and time is not available to pursue the regular
				  procedures for securing the necessary labor, materials and services to remedy
				  the fault, then prima facie evidence of an emergency exists. If, in the opinion
				  of the chief administrative officer of the department having jurisdiction over
				  the property that an emergency exists and a need exists for procuring
				  materials, labor or services outside the normal procurement procedures, he
				  shall inform the Department of Administration and if the Commissioner concurs
				  that an emergency exists, the materials, labor or services can be secured on an
				  emergency basis as set out in IC 5-16-1-1.6 and
				  25 IAC
				  2-5-4.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 2 - PUBLIC WORKS DIVISION › Rule 11 - Emergencies › Section 11-3 - State as occupant lessor; emergency procedures

Current through July 10, 2024
Authority: IC 4-13-2-9
Affected: IC 5-16-1-1.6
Sec. 3.
If State-owned property under the jurisdiction and control
				  of the State is in a state of disrepair so as to be harmful to the safety of
				  the structure or a hazard to life, then prima facie evidence of an emergency
				  exists. In such instances, the procedure described in
				  25 IAC
				  2-11-2 shall apply. This procedure also applies to
				  property leased by the State wherein the State has the responsibility for the
				  maintenance and upkeep of the building or where terms of the lease dictate
				  contract work procedures.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 2 - PUBLIC WORKS DIVISION › Rule 11 - Emergencies › Section 11-4 - Documentation by person requesting emergency declaration

Current through July 10, 2024
Authority: IC
				  4-13-2-9
Affected: IC
				  5-16-1-1.6
Sec. 4.
The officer who initiated the emergency request shall set
				  out in writing all pertinent facts involved in the problem as soon as possible,
				  but not longer than one week after the discovery of the emergency with copies
				  for the Director and Department affected by the emergency. All confirming
				  emergency requisitions shall include the name and agency of the person giving
				  the emergency authorization. Justification forms shall be filled out by the
				  agency as required.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 2 - PUBLIC WORKS DIVISION › Rule 12 - Certification Board; Authority › Section 12-1 - Certification

Current through July 10, 2024
Authority: IC
				  4-13-2-9; IC
				  4-13.6-3-1
Affected: IC
				  4-13.6-3-3
Sec. 1.
Statutory provisions governing the certification board may
				  be found in IC
				  4-13.6-3-3,
				  as amended. Rules and regulations incorporated herein are additional and
				  supplemental to the Act and its amendments.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 2 - PUBLIC WORKS DIVISION › Rule 13 - Certification Board; Organization › Section 13-1 - Files; space allocation

Current through July 10, 2024
Authority: IC
				  4-13.6-1-2; IC
				  4-13.6-3-1;
				  IC
				  4-13.6-4-9
Affected: IC 4-13.6
Sec. 1.
The certification board shall have its files and other
				  administrative materials quartered in space allocated by the division.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 2 - PUBLIC WORKS DIVISION › Rule 13 - Certification Board; Organization › Section 13-2 - Executive secretary of board; administrative duties

Current through July 10, 2024
Authority: IC
				  4-13-2-9; IC
				  4-13.6-3-1
Affected: IC 4-13.6
Sec. 2.
An executive secretary, answerable directly to the Board and
				  the Director of Public Works Division, shall handle all administrative
				  functions of the Board; and shall, similarly, be provided office space,
				  clerical and secretarial help by the Public Works Division.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 2 - PUBLIC WORKS DIVISION › Rule 13 - Certification Board; Organization › Section 13-3 - Chairperson

Current through July 10, 2024
Authority: IC
				  4-13-2-9; IC
				  4-13.6-3-1;
				  IC
				  4-13.6-4-9
Affected: IC 4-13.6
Sec. 3.
The chairperson of the certification board shall be the
				  director.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 2 - PUBLIC WORKS DIVISION › Rule 13 - Certification Board; Organization › Section 13-4 - Certification board meetings

Current through July 10, 2024
Authority: IC
				  4-13-2-9; IC
				  4-13.6-3-1
Affected: IC 4-13.6; IC 5-14-1.5
Sec. 4.
Meetings shall be held no more than forty-five (45) days
				  apart. Special meetings may be called at any time if:
(1) a majority of members agree thereto;
				and
(2) it is deemed that a special
				meeting will serve the best interests of the state.
In accordance with the Indiana Open Door Law (IC 5-14-1.5,
				  Acts of 1977), notice of all meetings will be posted on the bulletin board in
				  the office of the division and notice given to all news media representatives
				  who annually in writing request the notice be given. The agenda of each meeting
				  will be posted with the time, date, and place at least forty-eight (48) hours
				  before the meeting.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 2 - PUBLIC WORKS DIVISION › Rule 13 - Certification Board; Organization › Section 13-5 - Quorum; majority

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 certification board may meet if a quorum is present. At
				  least two (2) members must agree if a motion is to be passed whether there be
				  two (2) or three (3) members present.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 2 - PUBLIC WORKS DIVISION › Rule 14 - Certification Board; Purposes › Section 14-1 - Purposes of the certification board; contractor's prequalification approval

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 purposes of the certification board are to determine the
				  following:
(1) Which applicant
				contractors have the:
(A)
				experience;
(B) physical
				capabilities; and
(C) financial
				resources;
to bid or to subcontract on state construction projects
				  valued at one hundred fifty thousand dollars ($150,000) or more that are
				  implemented through the facilities of the division and all other agencies so
				  required by statute.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 2 - PUBLIC WORKS DIVISION › Rule 14 - Certification Board; Purposes › Section 14-2 - Certification board approval; certificate of qualification

Current through July 10, 2024
Authority: IC
				  4-13-2-9; IC
				  4-13.6-3-1
Affected: IC 4-13.6
Sec. 2.
Those applicant contractors and designers that receive
				  certification board approval are prequalified for future state work to the time
				  and classification limits set forth on the certificate of qualification
				  (hereinafter called the certificate).
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 2 - PUBLIC WORKS DIVISION › Rule 14 - Certification Board; Purposes › Section 14-3 - Prequalification denial; eligibility for projects under $150,000

Current through July 10, 2024
Authority: IC
				  4-13-2-9; IC
				  4-13.6-3-1
Affected: IC 4-13.6
Sec. 3.
Those contractors that apply for, but are denied,
				  prequalification by the certification board are still eligible to bid or to
				  subcontract on all public works projects valued at less than one hundred fifty
				  thousand dollars ($150,000) unless otherwise restricted by the division.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 2 - PUBLIC WORKS DIVISION › Rule 15 - Prequalification and Bidding › Section 15-1 - Certificate of qualification required for project bids at $150,000 or more

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.
If a contractor intends to bid on a public works project
				  valued at one hundred fifty thousand dollars ($150,000) or more, the
				  contractor's bid will not be opened unless the contractor currently maintains a
				  valid certificate of qualification indicating that he or she is prequalified in
				  the field of work for which the bid is being taken.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 2 - PUBLIC WORKS DIVISION › Rule 15 - Prequalification and Bidding › Section 15-4 - Subcontractor's prequalification

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. 4.
Subcontractors who intend to perform state work valued at
				  one hundred fifty thousand dollars ($150,000) or more under a prime contractor
				  to be awarded a state contract must be prequalified before the start of the
				  work.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 2 - PUBLIC WORKS DIVISION › Rule 16 - General Prequalification Procedures and Requirements › Section 16-2 - Limited prequalification; term

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.
The certification board may give limited prequalification to
				  an applicant if circumstances suggest to the certification board that a full
				  prequalification is not appropriate.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 2 - PUBLIC WORKS DIVISION › Rule 16 - General Prequalification Procedures and Requirements › Section 16-3 - Prequalification expiration period; 60 day certificate extension

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.
(a) If the:
(1) period of prequalification expires and no
				acceptable renewal materials are rendered by the expired certificate holder;
				or
(2) certificate is revoked or
				suspended for cause before completion of an awarded contract and no acceptable
				provisions are made to the contrary; the contract may be canceled by the
				department.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 2 - PUBLIC WORKS DIVISION › Rule 16 - General Prequalification Procedures and Requirements › Section 16-4 - Prequalification application

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. 4.
Any applicants for prequalification shall submit a fully
				  completed prequalification application, which is available from the division
				  upon request. An application will be considered incomplete if:
(1) all applicable information is not
				supplied; or
(2) that information
				rendered proves to be false; and the incomplete application will accordingly
				not be considered. All applicants for prequalification should allow up to
				forty-five (45) days for complete review of application materials and
				consideration by the certification board.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 2 - PUBLIC WORKS DIVISION › Rule 16 - General Prequalification Procedures and Requirements › Section 16-5 - Effect of failure to meet qualifications

Current through July 10, 2024
Authority: IC
				  4-13-2-9; IC
				  4-13.6-3-1
Affected: IC 4-13.6
Sec. 5.
Any deviation from requirements set forth in the application
				  or in this document will be critically evaluated in the consideration of the
				  application.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 2 - PUBLIC WORKS DIVISION › Rule 16 - General Prequalification Procedures and Requirements › Section 16-6 - Board's application review; recommendation

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. 6.
Following examination and evaluation of all prequalification
				  materials, the members of the board shall review each application and make
				  their recommendations according to their findings.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 2 - PUBLIC WORKS DIVISION › Rule 16 - General Prequalification Procedures and Requirements › Section 16-7 - Prequalification suspension; denial, revocation; sanctions; grounds

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. 7.
The certification board may suspend, deny, or revoke the
				  prequalification of those applicants not complying with the stipulations of the
				  statute or of this rule. Additionally, verified reports or indications of
				  misfeasance, malfeasance, or other undesirable practices made by any reliable
				  source or financial statements indicating instability, a precarious financial
				  position, or poor business procedures in the eyes of the certification board
				  shall each be further due cause for denial, revocation, or suspension of
				  prequalification by the certification board. A certificate of qualification may
				  be revoked or denied if the contractor:
(1) fails to pay, or satisfactorily settle,
				all bills due to labor and material on former or existing contracts;
(2) is convicted of a violation of a state or
				federal law in relation to a public contract;
(3) defaults on a previous contract;
				or
(4) fails to enter into a public
				works implemented project contract.
Notification of such pending action will be made in writing,
				  setting forth the grounds for the proposed certificate revocation. The action
				  shall become final unless an appeal in writing is filed. Any appeal must be
				  filed as prescribed hereinafter. The period of disqualification shall not
				  exceed two (2) years.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 2 - PUBLIC WORKS DIVISION › Rule 16 - General Prequalification Procedures and Requirements › Section 16-8 - Prequalification renewal request; board decision; appeals

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. 8.
Acceptance or rejection of an applicant's request for
				  initial prequalification or renewal shall be decided at the board's meeting,
				  and the executive secretary shall thereafter carry out the administration of
				  the board's decision including notifying each applicant of the board's action
				  thereon.
Any applicant dissatisfied with the decision of the Board
				  may, within fifteen (15) days after receiving such notification, request in
				  writing a reconsideration of that decision and submit additional written
				  evidence bearing on his qualification. The Certification Board will consider
				  any such request within forty-five (45) days of receipt thereof. If the written
				  evidence supports the contractor and a favorable decision is rendered, a
				  revised certificate or written notice of reinstatement will be issued.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 2 - PUBLIC WORKS DIVISION › Rule 17 - Application of Foreign (Out-of-State) Corporations › Section 17-7 - Supplemental documentation for out-of-state corporations

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. 7.
An initial application submitted by an out-of-state
				  (foreign) corporation must be accompanied by a copy of the certificate issued
				  by the Indiana secretary of state admitting them to do business in Indiana.
				  Thereafter, a copy of the certificate will not be required, but:
(1) current status with the corporations
				division of the secretary of state's office will be checked at the time of
				renewal; and
(2) any foreign
				corporation not in good standing will not be issued a prequalification
				certificate even though approved by the certification board until good standing
				is verified.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 2 - PUBLIC WORKS DIVISION › Rule 18 - Application of Designers › Section 18-1 - Prequalification renewal; prequalification application submission

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.
Designers must fully complete a prequalification
				  application. The designer applicant may supply any new informational booklets
				  or brochures relating to the capabilities of the applicant whenever the
				  documents become available. However, the supplemental materials are not to be
				  submitted in lieu of the prequalification application.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 2 - PUBLIC WORKS DIVISION › Rule 18 - Application of Designers › Section 18-2 - Certification in field of architecture; staff requirements

Current through July 10, 2024
Authority: IC
				  4-13-2-9; IC
				  4-13.6-3-1
Affected: IC 4-13.6
Sec. 2.
Designers will receive certification in the field of
				  architecture only if a professional architect currently registered as such in
				  Indiana is:
(1) employed at least
				thirty (30) hours each week by the applicant firm; and
(2) listed in that capacity in the
				prequalification application.
The architect on whose qualifications certification is to be
				  granted must also be shown as the architect in charge of at least five (5)
				  projects listed in the experience data portion of the booklet.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 2 - PUBLIC WORKS DIVISION › Rule 18 - Application of Designers › Section 18-3 - Certification in fields of professional engineering; certification in related nonlicensed fields

Current through July 10, 2024
Authority: IC
				  4-13-2-9; IC
				  4-13.6-3-1
Affected: IC 4-13.6
Sec. 3.
Certification will be granted only in those fields of
				  engineering in which the applicant designer indicates that an Indiana
				  registered professional (PE) is:
(1)
				working at least thirty (30) hours a week as an employee of the applicant;
				and
(2) shown as the engineer in
				charge of at least five (5) projects listed in the experience data portion of
				the application.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 2 - PUBLIC WORKS DIVISION › Rule 18 - Application of Designers › Section 18-4 - Certification of other nonlicensed fields

Current through July 10, 2024
Authority: IC
				  4-13-2-9; IC
				  4-13.6-3-1
Affected: IC 4-13.6
Sec. 4.
For those professional areas that are not registered in
				  Indiana, but that are certified by the certification board, the applicant
				  designer must show an employee with a minimum of thirty (30) hours each week in
				  each field with sufficient training and adequate experience to satisfy the
				  certification board that certification should be granted.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 2 - PUBLIC WORKS DIVISION › Rule 18 - Application of Designers › Section 18-5 - Joint venture application conditions

Current through July 10, 2024
Authority: IC
				  4-13-2-9; IC
				  4-13.6-3-1
Affected: IC 4-13.6
Sec. 5.
Joint venture contract applications will be considered when
				  the parties to the joint venture separately hold valid certification.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 3 - STATE PERSONNEL DIVISION - NON-MERIT EMPLOYEES (TRANSFERRED)

Current through July 10, 2024
Transferred from the Indiana Department of Administration (25
				IAC 3) to the State Personnel Department (31 IAC 1) by Acts 1981, P.L. 30,
				SECTION 3 (IC 4-15-1.8-8 ). Effective July 1, 1981.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 4 - OPERATION OF MOTOR VEHICLES › Rule 1 - Limitation on Operation of Motor Vehicles › Section 1-1 - Prohibition of the operation of state vehicles while under the influence of alcohol or controlled substance

Current through July 10, 2024
Authority: IC
				  4-13-1-4; IC
				  4-13-1-7
Affected: IC
				  4-13-1-4; IC
				  7.1-1-3-5;
				  IC
				  35-48-1-9
Sec. 1.
(a) All
				state employees, with the exception of law enforcement officers carrying out
				authorized undercover operations, are prohibited from operating state vehicles
				at any time with any measurable amount of alcohol from alcoholic beverages as
				defined in IC
				7.1-1-3-5
				or controlled substances as defined in IC
				35-48-1-9
				in their bodies.
(b) Alcohol or
				controlled substance detection may be accomplished by any of the following
				methods:
(1) blood test;
(2) breathalyzer; or
(3) urinalysis.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 5 - MINORITY AND WOMEN'S BUSINESS ENTERPRISES › Rule 1 - Scope of Activities › Section 1-1 - Duties of minority and women's business enterprises division

Current through July 10, 2024
Authority: IC
				  4-13-1-4; IC
				  4-13-1-7;
				  IC
				  4-13-2-9; IC
				  4-13.6-3-1
Affected: IC 4-13-1; IC
				  4-13-16.5-1; IC
				  4-13-16.5-2;
				  IC 4-13.6; IC 5-22
Sec. 1.
The duties of the minority and women's business enterprises
				  division, hereinafter referred to as the "division", shall be as defined in IC
				  4-13-16.5-2(f).
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 5 - MINORITY AND WOMEN'S BUSINESS ENTERPRISES › Rule 1 - Scope of Activities › Section 1-2 - Duties of the deputy commissioner, minority and women's business enterprises

Current through July 10, 2024
Authority: IC
				  4-13-1-4; IC
				  4-13-1-7;
				  IC
				  4-13-2-9; IC
				  4-13.6-3-1
Affected: IC 4-13-1; IC
				  4-13-16.5-3;
				  IC 4-13.6; IC
				  4-13-16.5-3;
				  IC 5-22
Sec. 2.
The duties of the deputy commissioner of the division shall
				  be as defined in IC
				  4-13-16.5-3.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 5 - MINORITY AND WOMEN'S BUSINESS ENTERPRISES › Rule 1 - Scope of Activities › Section 1-3 - Policy statement

Current through July 10, 2024
Authority: IC
				  4-13-1-4; IC
				  4-13-1-7;
				  IC
				  4-13-2-9; IC
				  4-13.6-3-1
Affected: IC 4-13-1; IC 4-13.6; IC 5-22
Sec. 3.
(a) It is the
				policy of the state to provide an equal opportunity for existing and operating
				minority business enterprises and women's business enterprises to receive and
				participate in the state's procurement and contracting process. The department
				shall act on behalf of the state to actively promote, monitor, and enforce its
				MBE/WBE program.
(b) The deputy
				commissioner of the department, through the minority and women's business
				enterprises section of the department, and in concert with the governor's
				commission on minority and women's business enterprises, shall be the final
				authority on all matters pertaining to the maintenance and administration of
				the MBE/WBE program and compliance thereto.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 5 - MINORITY AND WOMEN'S BUSINESS ENTERPRISES › Rule 3 - Certification Standards › Section 3-1 - Certification policy

Current through July 10, 2024
Authority: IC
				  4-13-1-4; IC
				  4-13-1-7;
				  IC
				  4-13-2-9; IC
				  4-13.6-3-1
Affected: IC 4-13-1; IC 4-13.6; IC 5-22
Sec. 1.
The department will act on behalf of the state to actively
				  promote, monitor, and enforce the standards for certification of minority
				  business enterprises and women's business enterprises.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 5 - MINORITY AND WOMEN'S BUSINESS ENTERPRISES › Rule 3 - Certification Standards › Section 3-2 - Application for certification as an MBE or a WBE

Current through July 10, 2024
Authority: IC
				  4-13-1-4; IC
				  4-13-1-7;
				  IC
				  4-13-2-9; IC
				  4-13.6-3-1
Affected: IC 4-13-1; IC 4-13.6; IC
				  5-14-3-4;
				  IC 5-22
Sec. 2.
(a) The
				enterprise seeking certification as an MBE or a WBE shall submit its
				application on the form or forms approved by the department, accompanied by all
				requested documentation.
(b) An
				enterprise seeking certification as an MBE or a WBE has the burden of
				demonstrating that it meets the requirements of this rule concerning ownership
				and control by qualifying members.
(c) The individual signing the application
				for certification shall be a qualifying member. The qualifying member or
				members are those whose participation is relied upon to meet the ownership and
				control requirements, and each shall certify as to his or her status as a
				qualifying member. The qualifying member signing the application for
				certification for not-for-profit enterprise must be the highest-ranking
				official working in the enterprise on a day-to-day basis.
(d) An enterprise seeking MBE or WBE
				certification shall cooperate fully with the department's requests for
				information and documentation relevant to the certification process. Failure to
				cooperate fully may result in denial of MBE or WBE certification.
(e) An enterprise seeking MBE or WBE
				certification has an affirmative obligation to disclose all material and
				relevant information affecting that enterprise's eligibility for certification.
				Any material misrepresentation or omission may:
(1) be grounds for denial of certification;
				or
(2) result in the issuance of an
				order to show cause why the certification should not be revoked.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 5 - MINORITY AND WOMEN'S BUSINESS ENTERPRISES › Rule 3 - Certification Standards › Section 3-3 - Certification standards regarding qualifying membership determination

Current through July 10, 2024
Authority: IC
				  4-13-1-4; IC
				  4-13-1-7;
				  IC
				  4-13-2-9; IC
				  4-13.6-3-1
Affected: IC 4-13-1; IC 4-13.6; IC 5-22
Sec. 3.
(a) In
				determining whether an individual asserting that he or she is a member of a
				minority group (for MBE certification) or a woman (for WBE certification), the
				department shall consider all the facts in the record, viewed as a
				whole.
(b) The department will
				rebuttably presume that a citizen of the United States who is a women or a
				member of a minority group is a qualifying member.
(c) Being born in a country does not, by
				itself, suffice to make an individual a member of a minority group.
(d) In a
[sic.]
making its
				determination regarding qualifying membership, the department may consider
				whether the person has historically held himself or herself out to be a
				qualifying member and whether the person is regarded as a qualifying member by
				the relevant community.
(e) The
				department may request such additional documentation as it may reasonably need
				to support an individual's claim that he or she is a member of a minority group
				or a woman.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 5 - MINORITY AND WOMEN'S BUSINESS ENTERPRISES › Rule 3 - Certification Standards › Section 3-4 - Ownership determinations

Current through July 10, 2024
Authority: IC 4-13-1-4; IC 4-13-1-7; IC 4-13-2-9; IC
				  4-13.6-3-1
Affected: IC 4-13-1; IC 4-13.6; IC 5-22
Sec. 4.
(a) In
				determining whether a qualifying member owns an enterprise, the department
				shall consider all the facts in the record, viewed as a whole.
(b) To be an eligible MBE or WBE, an
				enterprise must be at least fifty-one percent (51%) owned by qualifying
				members. In the case of a:
(1) corporation,
				qualifying members must own at least fifty-one percent (51%) of each class of
				voting stock outstanding and fifty-one percent (51%) of the aggregate of all
				stock outstanding;
(2) partnership,
				fifty-one percent (51%) of each class of partnership interest must be owned by
				qualifying members, and such ownership must be reflected in the partnership
				agreement; and
(3) limited
				liability company, at least fifty-one percent (51%) of each class of membership
				interest must be owned by qualifying members.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 5 - MINORITY AND WOMEN'S BUSINESS ENTERPRISES › Rule 3 - Certification Standards › Section 3-5 - Control determinations

Current through July 10, 2024
Authority: IC
				  4-13-1-4; IC
				  4-13-1-7;
				  IC
				  4-13-2-9; IC
				  4-13.6-3-1
Affected: IC 4-13-1; IC 4-13.6; IC 5-22
Sec. 5.
(a) In
				determining whether qualifying members control an enterprise, the department
				will consider all the facts in the record, viewed as a whole.
(b) Only an independent business may be
				certified as an MBE or a WBE. An independent business is one the viability of
				which does not depend on its relationship with another enterprise or
				enterprises.
(1) In determining whether a
				potential MBE or WBE is an independent business, the department will scrutinize
				relationships with non-MBE or non-WBE enterprises in such areas as the
				following:
(A) Personnel.
(B) Facilities.
(C) Equipment.
(D) Financial.
(E) Bonding support.
(F) Other resources.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 5 - MINORITY AND WOMEN'S BUSINESS ENTERPRISES › Rule 3 - Certification Standards › Section 3-6 - Other factors considered for certification

Current through July 10, 2024
Authority: IC
				  4-13-1-4; IC
				  4-13-1-7;
				  IC
				  4-13-2-9; IC
				  4-13.6-3-1
Affected: IC 4-13-1; IC 4-13.6-4; IC 5-22
Sec. 6.
(a) The
				department will consider whether an enterprise performs a commercially useful
				function in making decisions about whether to certify an enterprise as an MBE
				or a WBE. Determination that an enterprise performs a commercially useful
				function will be made based on the following considerations:
(1) An MBE or a WBE performs a commercially
				useful function when it is responsible for execution of the work of the
				contract and is carrying out its responsibilities by actually performing,
				managing, and supervising the work involved. To perform a commercially useful
				function, the MBE or WBE must also be responsible, with respect to materials
				and supplies used on the contract, for negotiating price, determining quality
				and quantity, ordering the material, and installing (where applicable) and
				paying for the material itself. To determine whether an MBE or a WBE is
				performing a commercially useful function, one must evaluate the following:
(A) The amount of work
				subcontracted.
(B) Industry
				practices.
(C) Whether the amount
				the enterprise is to be paid under the contract is commensurate with the work
				it is actually performing.
(D) The
				credit claimed for its performance of the work.
(E) Other relevant factors.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 5 - MINORITY AND WOMEN'S BUSINESS ENTERPRISES › Rule 3 - Certification Standards › Section 3-7 - Review by the department of applications for certification as an MBE or WBE

Current through July 10, 2024
Authority: IC 4-13-1-4; IC 4-13-1-7; IC 4-13-2-9; IC
				  4-13.6-3-1
Affected: IC 4-13-1; IC 4-13.6; IC 5-22
Sec. 7.
(a)
				Certification process requirements are as follows:
(1) At a minimum, the department will take
				the following steps in determining whether an enterprise meets the standards
				for certification as an MBE or WBE:
(A)
				On-site visits. The department will:
(i) Make
				on-site visits during normal business hours to company headquarters with little
				or no advance notice in its efforts to make an accurate determination of the
				ownership and control of an enterprise. The department may interview the
				principal officers of the enterprise and review their resumes and work
				histories. The department may also perform an on-site visit to job sites if
				there are such sites on which the enterprise is working at the time of the
				eligibility investigation in its jurisdiction or local area.
(ii) With regards to out-of-state
				enterprises, the department may rely upon the site visit report of other
				recognized governmental entities with respect to an enterprise applying for
				certification.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 5 - MINORITY AND WOMEN'S BUSINESS ENTERPRISES › Rule 3 - Certification Standards › Section 3-8 - Rules affecting an enterprise's responsibility after being certified as an MBE or a WBE

Current through July 10, 2024
Authority: IC
				  4-13-1-4; IC
				  4-13-1-7;
				  IC
				  4-13-2-9; IC
				  4-13.6-3-1
Affected: IC 4-13-1; IC 4-13.6; IC 5-22
Sec. 8.
(a) An
				enterprise's responsibilities after certification include, but are not
				necessarily limited to, the responsibilities set forth in this section. Failure
				to comply with the provisions of this section may result in an order to show
				cause why MBE or WBE certification should not be revoked.
(b) Each MBE-certified enterprise and each
				WBE-certified enterprise must notify the department in writing within thirty
				(30) days of each change affecting its qualifying membership, ownership, or
				control requirements, and of any other material change to the information
				provided in the application form.
(1) Changes
				in contact information must be reported, including address, telephone number,
				and personnel.
(2) Management
				responsibility among members of a limited liability company must be
				reported.
(3) Supporting
				documentation must be attached describing in detail the nature of such changes.
The notice must take the form of a notarized
				  affidavit.