Introduced Version






HOUSE BILL No. 1612

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 4-13.6-5-13 ; IC 5-16-1-9 ; IC 36-1-12-4.3.

Synopsis: Public works projects. Requires the specifications for equipment or materials for a public works project to be written to describe the required performance and design characteristics of the equipment or materials. Limits the circumstances under which a brand name may be specified.

Effective: July 1, 2003.





Whetstone, Frenz




    January 16, 2003, read first time and referred to Committee on Public Policy, Ethics and Veterans Affairs.







Introduced

First Regular Session 113th General Assembly (2003)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2002 Regular or Special Session of the General Assembly.

HOUSE BILL No. 1612



    A BILL FOR AN ACT to amend the Indiana Code concerning state and local administration.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 4-13.6-5-13; (03)IN1612.1.1. -->     SECTION 1. IC 4-13.6-5-13 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 13. (a) The specifications for equipment or materials for a public works project must be written to describe the required performance and design characteristics of the equipment or materials.
    (b) If it is impossible or impractical to specify the required performance and design characteristics for equipment or materials, specifications may state a brand name only if the specifications cite at least three (3) examples of equipment or materials of equal or equivalent design that would establish an acceptable range for equipment or materials of equal or equivalent design. The specifications must state clearly that the cited examples:
        (1) are used only to denote the quality standard desired;
        (2) do not restrict bidders to a specific brand, make, manufacturer, or name;
        (3) are used only to set forth and convey to bidders the general style, type, character, and quality of product desired; and
        (4) that equivalent products are acceptable.
    (c) If it is impossible to:
        (1) specify performance and design characteristics for equipment or materials as required by subsection (a); and
        (2) cite at least three (3) examples because there are not that many examples of equal or equivalent design in competition as required by subsection (b);
the specifications must cite as many examples as are available.
    (d) In citing examples of equipment of equal or equivalent design, specifications must permit maximum interchangeability and compatibility of the cited examples.
    (e) The brand of product used in a public works project may not limit competition on future public works projects.
    (f) If a particular brand of equipment or materials is preferred:
        (1) the brand must be bid as an alternate to the base bid; and
        (2) the base bid must cite at least three (3) examples of equal or equivalent design that establish an acceptable range for equipment or materials of equal or equivalent design.
    (g) Substitution of materials or equipment of equal or equivalent design must be submitted to the architect or engineer for approval or disapproval. The architect or engineer must approve or disapprove of the substitution before bids are opened.

SOURCE: IC 5-16-1-9; (03)IN1612.1.2. -->     SECTION 2. IC 5-16-1-9 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 9. (a) The specifications for equipment or materials for a public works project must be written to describe the required performance and design characteristics of the equipment or materials.
    (b) If it is impossible or impractical to specify the required performance and design characteristics for equipment or materials, specifications may state a brand name only if the specifications cite at least three (3) examples of equipment or materials of equal or equivalent design that would establish an acceptable range for equipment or materials of equal or equivalent design. The specifications must state clearly that the cited examples:
        (1) are used only to denote the quality standard desired;
        (2) do not restrict bidders to a specific brand, make, manufacturer, or name;
        (3) are used only to set forth and convey to bidders the general style, type, character, and quality of product desired; and
        (4) that equivalent products are acceptable.
    (c) If it is impossible to:
        (1) specify performance and design characteristics for equipment or materials as required by subsection (a); and
        (2) cite at least three (3) examples because there are not that many examples of equal or equivalent design in competition as required by subsection (b);
the specifications must cite as many examples as are available.
    (d) In citing examples of equipment of equal or equivalent design, specifications must permit maximum interchangeability and compatibility of the cited examples.
    (e) The brand of product used in a public works project may not limit competition on future public works projects.
    (f) If a particular brand of equipment or materials is preferred:
        (1) the brand must be bid as an alternate to the base bid; and
        (2) the base bid must cite at least three (3) examples of equal or equivalent design that establish an acceptable range for equipment or materials of equal or equivalent design.
    (g) Substitution of materials or equipment of equal or equivalent design must be submitted to the architect or engineer for approval or disapproval. The architect or engineer must approve or disapprove of the substitution before bids are opened.

SOURCE: IC 36-1-12-4.3; (03)IN1612.1.3. -->     SECTION 3. IC 36-1-12-4.3 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 4.3. (a) The specifications for equipment or materials for a public works project must be written to describe the required performance and design characteristics of the equipment or materials.
    (b) If it is impossible or impractical to specify the required performance and design characteristics for equipment or materials, specifications may state a brand name only if the specifications cite at least three (3) examples of equipment or materials of equal or equivalent design that would establish an acceptable range for equipment or materials of equal or equivalent design. The specifications must state clearly that the cited examples:
        (1) are used only to denote the quality standard desired;
        (2) do not restrict bidders to a specific brand, make, manufacturer, or name;
        (3) are used only to set forth and convey to bidders the general style, type, character, and quality of product desired; and
        (4) that equivalent products are acceptable.
    (c) If it is impossible to:
        (1) specify performance and design characteristics for equipment or materials as required by subsection (a); and
        (2) cite at least three (3) examples because there are not that many examples of equal or equivalent design in competition as required by subsection (b);
the specifications must cite as many examples as are available.
    (d) In citing examples of equipment of equal or equivalent design, specifications must permit maximum interchangeability and compatibility of the cited examples.
    (e) The brand of product used in a public works project may not limit competition on future public works projects.
    (f) If a particular brand of equipment or materials is preferred:
        (1) the brand must be bid as an alternate to the base bid; and
        (2) the base bid must cite at least three (3) examples of equal or equivalent design that establish an acceptable range for equipment or materials of equal or equivalent design.
    (g) Substitution of materials or equipment of equal or equivalent design must be submitted to the architect or engineer for approval or disapproval. The architect or engineer must approve or disapprove of the substitution before bids are opened.