2014 Indiana Code TITLE 5. STATE AND LOCAL ADMINISTRATION ARTICLE 16. PUBLIC WORKS CHAPTER 1. PUBLIC WORKS BY STATE AGENCIES
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IC 5-16
ARTICLE 16. PUBLIC WORKS
IC 5-16-1
Chapter 1. Public Works by State Agencies
IC 5-16-1-0.1
Application of certain amendments to chapter
Sec. 0.1. The addition of section 8 of this chapter by P.L.20-1991
applies to public works contracts for which notices calling for sealed
proposals for the work are published after June 30, 1991.
As added by P.L.220-2011, SEC.97.
IC 5-16-1-1
Repealed
(Repealed by Acts 1981, P.L.57, SEC.45.)
IC 5-16-1-1.1
Application of chapter
Sec. 1.1. (a) For purposes of this section, the term "person"
includes a sole proprietorship, partnership, association, corporation,
limited liability company, fiduciary, or individual.
(b) This chapter applies to the construction, alteration, or repair
of a public building or other public work or improvement owned by
the state. In addition, the provisions of this chapter concerning the
adoption of plans and specifications and the awarding of contracts
also apply to work or improvements to be performed on real property
that is being or that will be leased by the state from another person
if:
(1) the estimated cost of the work or improvement is
twenty-five thousand dollars ($25,000) or more; and
(2) the lease gives the state an option to buy the real property.
As added by Acts 1979, P.L.42, SEC.1. Amended by Acts 1981,
P.L.57, SEC.1; P.L.33-1983, SEC.14; P.L.52-1986, SEC.1;
P.L.8-1993, SEC.58.
IC 5-16-1-1.2
Adoption of plans and specifications; awarding of contract
Sec. 1.2. (a) When a public building or other public work or
improvement of any character is to be constructed, erected, altered,
or repaired at the expense of the state or a commission created by law
(excepting the Indiana department of transportation), and when the
estimated costs of the work or improvement is greater than
twenty-five thousand dollars ($25,000) the board, commission,
trustee, officer, or agent acting on behalf of the state or commission
created by law (excepting the Indiana department of transportation),
shall adopt plans and specifications and shall award a contract for the
public work or improvement to the lowest and best bidder who
submits a bid for the performance of the work.
(b) Notwithstanding subsection (a), whenever the cost of any
public work is estimated to be less than twenty-five thousand dollars
($25,000), the officer or agent acting on behalf of the state or
commission having authority to employ workmen and own, rent, or
lease equipment may purchase materials in the manner provided by
law and perform the work by means of its own workmen and owned
or leased equipment without awarding a construction contract for the
work.
As added by Acts 1981, P.L.57, SEC.2. Amended by P.L.28-1983,
SEC.53; P.L.52-1986, SEC.2; P.L.18-1990, SEC.11.
IC 5-16-1-1.3
Construction or alteration of certain public buildings
Sec. 1.3. Construction or alteration of any public building, the
estimated cost of which is more than twenty-five thousand dollars
($25,000), may not be undertaken by any officer or agent
hereinbefore mentioned or referred to except pursuant to and in
compliance with plans and specifications therefor approved by a duly
licensed architect or engineer.
As added by Acts 1981, P.L.57, SEC.3.
IC 5-16-1-1.4
Securing bids or causing work to be done; placement of plans on
file
Sec. 1.4. For the purpose of securing bids or for the purpose of
causing the work to be done in the desired manner, the state or
commission created by law (excepting the Indiana department of
transportation) shall prepare, and place on file in its office, plans and
specifications of the building or improvements sought to be
constructed, erected, altered, or repaired whenever the estimated cost
of the work is greater than twenty-five thousand dollars ($25,000).
As added by Acts 1981, P.L.57, SEC.4. Amended by P.L.52-1986,
SEC.3; P.L.18-1990, SEC.12.
IC 5-16-1-1.5
State educational institutions; performance of certain work by its
own employees; conditions
Sec. 1.5. (a) The governing board of any state educational
institution, acting on behalf of said institution, may purchase
materials in the manner provided by law and perform any work by
means of its own employees and owned or leased equipment in the
construction, rehabilitation, extension, maintenance or repair of any
building, structure, improvement, or facility, of said institutions,
without awarding a contract therefor, whenever the cost of such work
shall be estimated to be less than one hundred fifty thousand dollars
($150,000).
(b) The workforce of a state educational institution may perform
a public work described in subsection (a) only if:
(1) the workforce, through demonstrated skills, training, or
expertise, is capable of performing the public work; and
(2) for a public work project under subsection (a) whose cost is
estimated to be more than one hundred thousand dollars
($100,000), the state educational institution:
(A) publishes a notice under IC 5-3-1 that:
(i) describes the public work that the state educational
institution intends to perform with its own workforce; and
(ii) sets forth the projected cost of each component of the
public work as described in subsection (a); and
(B) determines at a public meeting that it is in the public
interest to perform the public work with the state educational
institution's own workforce.
A public work project performed by a state educational institution's
own workforce must be inspected and accepted as complete in the
same manner as a public work project performed under a contract
awarded after receiving bids.
(c) If a public work project involves a structure, an improvement,
or a facility under the control of a state educational institution, the
state educational institution may not artificially divide the project to
bring any part of the project under this section.
As added by Acts 1981, P.L.57, SEC.5. Amended by P.L.229-2011,
SEC.77; P.L.172-2011, SEC.19; P.L.6-2012, SEC.35.
IC 5-16-1-1.6
Declaration of emergency reconstruction or repair of building or
structure; quotes by invitation
Sec. 1.6. In the case of fire, flood, windstorm, casualty or other
extraordinary emergency, including mechanical failure of any part of
a building or structure, and where the health, safety or welfare of the
public or the necessary governmental operations are endangered by
such loss or damage, the responsible board or commission may, upon
a declaration of emergency recorded in its minutes, proceed to
reconstruct or repair the building or structure without advertising for
bids. However, in such an emergency, quotes may be invited from at
least three (3) or more persons, firms, limited liability companies, or
corporations known to deal in the work required to be done, and the
minutes of the board or commission shall show the names of those
persons, firms, limited liability companies, or corporations invited to
submit quotes.
As added by Acts 1981, P.L.57, SEC.6. Amended by P.L.8-1993,
SEC.59; P.L.143-2014, SEC.1.
IC 5-16-1-1.7
Purdue University; agricultural or forestry land; declaration of
emergency; quotes by invitation
Sec. 1.7. On agricultural or forestry land owned or occupied by
Purdue University and used by it for educational or research
purposes, the trustees of the university may, upon a declaration of
necessity recorded in its minutes, award contracts without
advertising for bids or otherwise satisfying the requirements of this
chapter, if the cost of work is estimated to be less than two hundred
thousand dollars ($200,000). However, quotes shall be invited from
at least three (3) or more persons, firms, limited liability companies,
or corporations known to deal in the work required to be done. The
minutes of the board shall show the names of those invited to submit
quotes.
As added by Acts 1981, P.L.57, SEC.7. Amended by P.L.8-1993,
SEC.60; P.L.229-2011, SEC.78; P.L.172-2011, SEC.20;
P.L.143-2014, SEC.2.
IC 5-16-1-1.8
Repealed
(Repealed by P.L.24-1985, SEC.25(b).)
IC 5-16-1-1.9
Educational institutions; building construction or repair contracts
Sec. 1.9. (a) Notwithstanding this article, a state educational
institution may award a contract for any construction or repair work
to any building, structure, or improvement of the institution without
advertising for bids and meeting other contract awarding
requirements of this article whenever the estimated cost of the
project is less than one hundred fifty thousand dollars ($150,000).
However, in awarding any contract under this section the state
educational institution must do the following:
(1) Invite quotes from at least three (3) persons, firms, limited
liability companies, or corporations known to deal in the work
required to be done.
(2) Give notice of the project if the estimated cost of the project
is more than one hundred fifty thousand dollars ($150,000). If
required, notice must include a description of the work to be
done and be given in at least one (1) newspaper of general
circulation printed and published in the county in which the
work is to be done.
(3) Award the contract to the person who submits the lowest
and best quote.
(b) A state educational institution that awards a contract under
this section to a minority business enterprise may include the
contract when assessing the state educational institution's
performance in meeting the goal set under section 7 of this chapter.
As added by Acts 1981, P.L.58, SEC.1. Amended by P.L.52-1986,
SEC.4; P.L.70-1989, SEC.1; P.L.8-1993, SEC.61; P.L.2-2007,
SEC.103; P.L.229-2011, SEC.79; P.L.172-2011, SEC.21;
P.L.143-2014, SEC.3.
IC 5-16-1-2
Bidders; submission of statement of experience, proposed plan,
financial status, and trust relationship; forms
Sec. 2. (a) Each bidder shall be required to submit under oath with
and as a part of the bidder's bid a statement of:
(1) the bidder's experience;
(2) the bidder's proposed plan for performing such work;
(3) the equipment available for the performance of such work;
(4) the bidder's financial status; and
(5) if a trust (as defined in IC 30-4-1-1(a)), the name of each:
(A) beneficiary of the trust; and
(B) settlor empowered to revoke or modify the trust.
(b) The statements required by this section shall be submitted on
forms which shall be prescribed by the state board of accounts. The
forms prescribed shall:
(1) be designated, respectively, as the experience questionnaire,
the plan and equipment questionnaire, and the contractor's
financial statement; and
(2) be based, so far as applicable, on the standard questionnaires
and financial statements for bidders as approved and
recommended by the joint conference on construction practices,
for use in investigating the qualifications of bidders on public
construction work.
The forms shall be used by all such boards, commissions, trustees,
officers, and agents in obtaining the information required in the
administration of this chapter.
(c) If the information submitted by any bidder on the forms
prescribed in this section is found, on examination, to be
unsatisfactory, the bid submitted by such bidder shall not be
considered.
(Formerly: Acts 1947, c.306, s.2; Acts 1965, c.251, s.1; Acts 1967,
c.152, s.1.) As amended by P.L.33-1983, SEC.15; P.L.336-1989(ss),
SEC.15.
IC 5-16-1-3
Filing of plans and specifications; notice; publication; minimum
bid invitations
Sec. 3. (a) Upon the filing of the plans, specifications, and
drawings, as provided in section 1.4 of this chapter, the officer or
agent shall twice publish a notice indicating that drawings, plans, and
specifications are on file at the office and calling for sealed proposals
for the work by a day fixed in the publication. The time lapse
between the date of publication and the date of receiving bids is
governed by the size of the contemplated project and is in the
discretion of the board, commission, trustee, officer, or agent
publishing the notice. In no event shall the lapsed time be more than
six (6) weeks.
(b) Notwithstanding subsection (a), if a public building or other
public work or improvement under this chapter is estimated to cost
less than twenty-five thousand dollars ($25,000) and a contract is to
be awarded for the work, the awarding officer, commission, or agent
may:
(1) publish notice in the manner provided in subsection (a); or
(2) invite bids from not less than three (3) persons, firms,
limited liability companies, or corporations, known to deal in
the work proposed to be done, by mailing a notice for the work
not less than three (3) days before the time fixed for receiving
bids indicating that plans and specifications are on file in a
certain office.
(Formerly: Acts 1947, c.306, s.3; Acts 1949, c.136, s.2.) As amended
by P.L.52-1986, SEC.5; P.L.8-1993, SEC.62.
IC 5-16-1-4
Repealed
(Repealed by P.L.33-1983, SEC.17.)
IC 5-16-1-5
Repealed
(Repealed by P.L.1-1990, SEC.62.)
IC 5-16-1-6
Trench safety systems; cost recovery
Sec. 6. (a) This section applies to a public building or other public
work or improvement that may require creation of a trench of at least
five (5) feet in depth.
(b) IOSHA regulations 29 C.F.R. 1926, Subpart P, for trench
safety systems shall be incorporated into the contract documents for
a public works project.
(c) The contract documents for a public works project shall
provide that the cost for trench safety systems shall be paid for:
(1) as a separate pay item; or
(2) in the pay item of the principal work with which the safety
systems are associated.
As added by P.L.1-1990, SEC.63.
IC 5-16-1-7
Minority business enterprises; award of contracts
Sec. 7. A board, a commission, a trustee, an officer, or agent must
establish as a goal that five percent (5%) of the contracts awarded be
let to minority business enterprises (as defined in IC 4-13-16.5-1).
As added by P.L.1-1990, SEC.64.
IC 5-16-1-8
Plumbing installations; proof of licensure
Sec. 8. (a) A person who submits a bid or quote for a public works
contract under this chapter that involves the installation of plumbing
must submit evidence that the person is a licensed plumbing
contractor under IC 25-28.5-1.
(b) If a public works contract under this chapter is awarded to a
person who does not meet the requirements of subsection (a), the
contract is void.
As added by P.L.20-1991, SEC.2. Amended by P.L.143-2014, SEC.4.
IC 5-16-1-9
Application of IC 5-22-16.5 to award of contracts under chapter
Sec. 9. (a) IC 5-22-16.5 (Disqualification of Contractors Dealing
with the Government of Iran) applies to the awarding of contracts,
including contracts for professional services, under this article.
(b) For purposes of applying IC 5-22-16.5 to contracts awarded
under this article, the following apply:
(1) A reference to an "offer" in IC 5-22-16.5 refers to:
(A) a bid for a public works contract; or
(B) a proposal to provide professional services;
under this article.
(2) A person may not be awarded a contract under this article if
the person would be disqualified from being awarded a contract
under IC 5-22-16.5.
(3) The procedures, rights, and application of penalties
described in IC 5-22-16.5 shall be applied in the context of this
article so that the public policy of IC 5-22-16.5 and this article
are both implemented.
As added by P.L.21-2012, SEC.3.
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