2012 Indiana Code
TITLE 5. STATE AND LOCAL ADMINISTRATION
ARTICLE 30. DESIGN-BUILD PUBLIC WORKS PROJECTS
CHAPTER 4. TECHNICAL REVIEW COMMITTEE
Chapter 4. Technical Review Committee
IC 5-30-4-1
Membership
Sec. 1. (a) Before entering into a design-build contract, a public agency must appoint a technical review committee of at least three (3) individuals.
(b) The members of the technical review committee must include the following:
(1) A representative of the public agency.
(2) At least two (2) of the following, but not more than one (1) under each clause:
(A) An architect registered under IC 25-4.
(B) A professional engineer registered under IC 25-31.
(C) A qualified contractor under IC 4-13.6 or an individual employed by the qualified contractor.
(c) A member of the technical review committee who is an architect or a professional engineer may be:
(1) an employee of the public agency; or
(2) an outside consultant retained by the public agency for the specific purpose of evaluating proposals submitted under this article.
(d) The design criteria developer may serve as:
(1) a full member; or
(2) a nonvoting adviser;
of the committee.
As added by P.L.74-2005, SEC.1. Amended by P.L.166-2011, SEC.4.
IC 5-30-4-2
Conflict of interest
Sec. 2. (a) A member of the technical review committee may not:
(1) submit a proposal for; or
(2) furnish design services or construction services under;
the design-build contract.
(b) The design-builder may not delegate or subcontract professional services or construction services under the design-build contract to a member of the technical review committee.
(c) Each member of the technical review committee must certify for each request for proposals that there is not a conflict of interest between the member and the design-builder responding to the request for proposals. If a conflict of interest exists, the member must be replaced before the review of any proposal.
As added by P.L.74-2005, SEC.1.
IC 5-30-4-3
Duties and responsibilities
Sec. 3. (a) The technical review committee shall do the following:
(1) Qualify potential design-builders as provided in IC 5-30-5.
(2) Rate and score qualitative proposals as provided in
IC 5-30-6 and IC 5-30-7.
(b) The technical review committee may interview persons submitting proposals and conduct other business necessary to fulfill the purposes of this article. However, a public agency may not require an offeror to attend more than three (3) interviews in person with the technical review committee for a design-build contract.
As added by P.L.74-2005, SEC.1. Amended by P.L.166-2011, SEC.5.
IC 5-30-4-4
Open meetings
Sec. 4. (a) Except as otherwise provided in this section, meetings of a technical review committee must be open to the public and subject to IC 5-14-1.5.
(b) A meeting of a technical review committee convened for the purpose of interviewing persons submitting qualifications or proposals is not open to the public.
(c) If each member of a technical review committee for a public project is an employee of the public agency that is undertaking the public project, the technical review committee's meetings are not open to the public.
As added by P.L.74-2005, SEC.1. Amended by P.L.166-2011, SEC.6.
