AN ACT to amend the Indiana Code concerning state and local administration.
the affected counties as defined by criteria in rules adopted by the
political subdivision.
(d) There are the following price preferences for supplies purchased
from a local Indiana business:
(1) Five percent (5%) for a purchase expected by the purchasing
agency to be less than fifty thousand dollars ($50,000).
(2) Three percent (3%) for a purchase expected by the purchasing
agency to be at least fifty thousand dollars ($50,000) but less than
one hundred thousand dollars ($100,000).
(3) One percent (1%) for a purchase expected by the purchasing
agency to be at least one hundred thousand dollars ($100,000).
(e) Notwithstanding subsection (d), a purchasing agency may award
a contract to the lowest responsive and responsible offeror, regardless
of the preference provided in this section, if the lowest responsive and
responsible offeror is a local Indiana business.
(f) A business that wants to claim a preference provided under this
section must do all the following:
(1) State in the business's bid that the business claims the
preference provided by this section.
(2) Provide the following information to the purchasing agency:
(A) The location of the business's principal place of business.
If the business claims the preference as a local Indiana
business described in subsection (c)(1), a statement explaining
the reasons the business considers the location named as the
business's principal place of business.
(B) The amount of the business's total payroll and the amount
of the business's payroll paid to residents of affected counties.
(C) The number of the business's employees and the number
of the business's employees who are residents of affected
counties.
(D) If the business claims the preference as a local Indiana
business described in subsection (c)(4), a description of the
capital investments made in the affected counties and a
statement of the amount of those capital investments.
(E) If the business claims the preference as a local Indiana
business described in subsection (c)(5), a description of the
substantial positive economic impact the business has on the
affected counties.
the cost of a public work project will be:
(1) at least seventy-five thousand dollars ($75,000) in:
(A) a consolidated city or second class city;
(B) a county containing a consolidated city or second class
city; or
(C) a regional water or sewage district established under
IC 13-26; or
(2) at least fifty thousand dollars ($50,000) in a political
subdivision or an agency not described in subdivision (1). (1) except as provided in subdivision (2), at least one hundred
fifty thousand dollars ($150,000); or
(2) in the case of a board of aviation commissioners or an airport
authority board, at least one hundred thousand dollars
($100,000).
(b) The board must comply with the following procedure:
(1) The board shall prepare general plans and specifications
describing the kind of public work required, but shall avoid
specifications which might unduly limit competition. If the
project involves the resurfacing (as defined by IC 8-14-2-1) of a
road, street, or bridge, the specifications must show how the
weight or volume of the materials will be accurately measured
and verified.
(2) The board shall file the plans and specifications in a place
reasonably accessible to the public, which shall be specified in the
notice required by subdivision (3).
(3) Upon the filing of the plans and specifications, the board shall
publish notice in accordance with IC 5-3-1 calling for sealed
proposals for the public work needed.
(4) The notice must specify the place where the plans and
specifications are on file and the date fixed for receiving bids.
(5) The period of time between the date of the first publication
and the date of receiving bids shall be governed by the size of the
contemplated project in the discretion of the board. The period of
time between the date of the first publication and receiving bids
may not be more than:
(A) six (6) weeks if the estimated cost of the public works
project is less than twenty-five million dollars ($25,000,000);
and
(B) ten (10) weeks if the estimated cost of the public works
project is at least twenty-five million dollars ($25,000,000).
(6) If the cost of a project is one hundred thousand dollars
($100,000) or more, The board shall require the bidder to submit
a financial statement, a statement of experience, a proposed plan
or plans for performing the public work, and the equipment that
the bidder has available for the performance of the public work.
The statement shall be submitted on forms prescribed by the state
board of accounts.
(7) The board may not require a bidder to submit a bid before the
meeting at which bids are to be received. The meeting for
receiving bids must be open to the public. All bids received shall
be opened publicly and read aloud at the time and place
designated and not before. Notwithstanding any other law, bids
may be opened after the time designated if both of the following
apply:
(A) The board makes a written determination that it is in the
best interest of the board to delay the opening.
(B) The day, time, and place of the rescheduled opening are
announced at the day, time, and place of the originally
scheduled opening.
(8) Except as provided in subsection (c), or (after June 30, 2011)
section 22 of this chapter, the board shall:
(A) award the contract for public work or improvements to the
lowest responsible and responsive bidder; or
(B) reject all bids submitted.
(9) If the board awards the contract to a bidder other than the
lowest bidder, the board must state in the minutes or memoranda,
at the time the award is made, the factors used to determine which
bidder is the lowest responsible and responsive bidder and to
justify the award. The board shall keep a copy of the minutes or
memoranda available for public inspection.
(10) In determining whether a bidder is responsive, the board may
consider the following factors:
(A) Whether the bidder has submitted a bid or quote that
conforms in all material respects to the specifications.
(B) Whether the bidder has submitted a bid that complies
specifically with the invitation to bid and the instructions to
bidders.
(C) Whether the bidder has complied with all applicable
statutes, ordinances, resolutions, or rules pertaining to the
award of a public contract.
(11) In determining whether a bidder is a responsible bidder, the
board may consider the following factors:
(A) The ability and capacity of the bidder to perform the work.
(B) The integrity, character, and reputation of the bidder.
[EFFECTIVE JULY 1, 2012]: Sec. 5. (a) This section applies whenever
a public work project is estimated to cost less than fifty thousand
dollars ($50,000). Except as provided in subsection (g) for local boards
of aviation commissioners and local airport authorities, if a contract is
to be awarded, the board may proceed under section 4 of this chapter
or under subsection (b) or (c).
(b) The board must proceed under the following provisions:
(1) The board shall invite quotes from at least three (3) persons
known to deal in the class of work proposed to be done by mailing
them a notice stating that plans and specifications are on file in a
specified office. The notice must be mailed not less than seven (7)
days before the time fixed for receiving quotes.
(2) The board may not require a person to submit a quote before
the meeting at which quotes are to be received. The meeting for
receiving quotes must be open to the public. All quotes received
shall be opened publicly and read aloud at the time and place
designated and not before.
(3) Except as permitted in section 22 of this chapter, The board
shall award the contract for the public work to the lowest
responsible and responsive quoter.
(4) The board may reject all quotes submitted.
(5) If the board rejects all quotes under subdivision (4), the board
may negotiate and enter into agreements for the work in the open
market without inviting or receiving quotes if the board
establishes in writing the reasons for rejecting the quotes.
(c) The board may not proceed under subsection (b) for the
resurfacing (as defined in IC 8-14-2-1) of a road, street, or bridge,
unless:
(1) the weight or volume of the materials in the project is capable
of accurate measurement and verification; and
(2) the specifications define the geographic points at which the
project begins and ends.
(d) For the purposes of this section, if contiguous sections of a road,
street, or bridge are to be resurfaced in a calendar year, all of the work
shall be considered to comprise a single public work project.
(e) The board may purchase or lease supplies in the manner
provided in IC 5-22 and perform the public work by means of its own
workforce without awarding a public work contract.
(f) Before the board may perform any work under this section by
means of its own workforce, the political subdivision or agency must
have a group of employees on its staff who are capable of performing
the construction, maintenance, and repair applicable to that work.
responsible bidder or quoter is a local Indiana business.
(f) A bidder or quoter that wants to claim the preference under this
section must claim the preference in the same manner that a business
claims the preference under IC 5-22-15-20.9(f).