AN ACT to amend the Indiana Code concerning state offices and administration.
SECTION 1.
IC 4-13.6-4-2
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 ($100,000)
($150,000) or more from a contractor who is not qualified under this
chapter.
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 twenty-five seventy-five
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.