AN ACT to amend the Indiana Code concerning state offices and administration.
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 2. (a) All persons
desiring to perform professional services relating to a public works
project must apply to the board for qualification.
(b) A contractor is not required to apply to the board for qualification before submitting a bid on a public works contract unless the estimated cost of the project is one hundred fifty thousand dollars
($100,000) ($150,000) or more.
(c) An applicant for qualification under this chapter shall use the forms prescribed by the board. The board shall provide separate and specific forms for contractors and for persons desiring to perform professional services.
(d) An applicant must verify the applicant's application.
(e) Notwithstanding IC 5-14-3-4 (a)(5), a financial statement submitted to the board under this chapter is considered confidential financial information for purposes of IC 5-14-3.
SECTION 2. IC 4-13.6-4-11 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 11. (a) The director may not recommend to the commissioner the awarding of a contract to perform professional services to any person who is not qualified under this chapter.
(b) The division may not accept a bid on a public works project with
an estimated cost of one hundred fifty thousand dollars
($150,000) or more from a contractor who is not qualified under this
SECTION 3. IC 4-13.6-5-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 2. (a) Except as provided by this chapter and IC 16-33-4-10 , if the estimated cost of a public works project is at least
twenty-five seventy-five thousand
dollars ($25,000), ($75,000), the division shall award a contract for the
project based on competitive bids.
(b) If the estimated cost of a public works project is at least
twenty-five seventy-five thousand dollars ($25,000), ($75,000), the
division shall develop contract documents for a public works contract
and keep the contract documents on file in its offices so that they may
be inspected by contractors and members of the public.
(c) The division shall advertise for bids under section 8 of this chapter. The director shall award a contract under IC 4-13.6-6.
(d) A contractor shall submit under oath a financial statement as a part of the bid. The director may waive filing of the financial statement.
if the contractor has filed a financial statement during the previous
twelve (12) months.
(e) After bids are opened but before a contract is awarded, the director may require a contractor to submit a statement of the contractor's experience, a proposed plan of performing the work, and a listing of the equipment that is available to the contractor for performance of the work.
(f) The statements required by this section shall be submitted on forms approved by the state board of accounts. The forms shall be based, so far as applicable, on standard questionnaires and financial statements for contractors used in investigating the qualifications of contractors on public construction work.
(g) The division shall reject the bid of a contractor if:
(1) the estimated cost of the public works project is one hundred fifty thousand dollars
($100,000) ($150,000) or more and the
contractor is not qualified under chapter 4 of this article;
(2) the estimated cost of the public works project is less than one hundred fifty thousand dollars
($100,000) ($150,000) and the
director makes a written determination, based upon information
provided under subsections (d) and (e), that the contractor is not
qualified to perform the public works contract;
(3) the contractor has failed to perform a previous contract with the state satisfactorily and has submitted the bid during a period of suspension imposed by the director (the failure of the
contractor to perform a contract satisfactorily must be based upon
a written determination by the director);
(4) the contractor has not complied with a rule adopted under this article and the rule specifies that failure to comply with it is a ground for rejection of a bid; or
(5) the contractor has not complied with any requirement under section 2.5 of this chapter.
(h) The division shall keep a record of all bids. The state board of accounts shall approve the form of this record, and the record must include at least the following information:
(1) The name of each contractor.
(2) The amount bid by each contractor.
(3) The name of the contractor making the lowest bid.
(4) The name of the contractor to whom the contract was awarded.
(5) The reason the contract was awarded to a contractor other than the lowest bidder, if applicable.
(6) Purchase order numbers.
SECTION 4. IC 4-13.6-5-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 3. (a) If the estimated cost of a public works project is less than
thousand dollars ($25,000), ($75,000), the division may award a public
works contract either under section 2 of this chapter or under this
section, at the discretion of the director.
(b) If the director awards a contract under this section, the division shall invite quotations from at least three (3) contractors known to the division to deal in the work required to be done. However, if fewer than three (3) contractors are known to the division to be qualified to perform the work, the division shall invite quotations from as many contractors as are known to be qualified to perform the work. Failure to receive three (3) quotations shall not prevent an award from being made.
(c) The division may authorize the governmental body for which the public work is to be performed to invite quotations, but award of a contract based upon those quotations is the responsibility of the division.
(d) Quotations given by a contractor under this section must be in writing and sealed in an envelope, shall be considered firm, and may be the basis upon which the division awards a public works contract.
(e) The division shall award a contract to the lowest responsible and responsive contractor and in accordance with any requirement imposed under section 2.5 of this chapter.