14 | | - | SECTION 1. IC 36-1-12-3, AS AMENDED BY P.L.114-2022, |
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15 | | - | SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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16 | | - | JULY 1, 2025]: Sec. 3. (a) The board may purchase or lease materials |
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17 | | - | in the manner provided in IC 5-22 and perform any public work, by |
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18 | | - | means of its own workforce, without awarding a contract whenever the |
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19 | | - | cost of that public work project is estimated to be less than two hundred |
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20 | | - | fifty thousand dollars ($250,000). three hundred seventy-five |
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21 | | - | thousand dollars ($375,000), adjusted annually by the percentage |
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22 | | - | change in the Consumer Price Index for all Urban Consumers as |
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23 | | - | published by the United States Bureau of Labor Statistics. The |
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24 | | - | department of local government finance shall annually publish the |
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25 | | - | adjusted cost estimate threshold for the current year, determined |
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26 | | - | in the manner required by this subsection, on the department's |
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27 | | - | website. Before a board may perform any work under this section by |
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28 | | - | means of its own workforce, the political subdivision or agency must |
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29 | | - | have a group of employees on its staff who are capable of performing |
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30 | | - | the construction, maintenance, and repair applicable to that work. For |
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31 | | - | purposes of this subsection, the cost of a public work project includes: |
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32 | | - | (1) the actual cost of materials, labor, equipment, and rental; |
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33 | | - | (2) a reasonable rate for use of trucks and heavy equipment |
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34 | | - | owned; and |
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35 | | - | (3) all other expenses incidental to the performance of the project. |
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36 | | - | HEA 1198 — Concur 2 |
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37 | | - | (b) This subsection applies only to a municipality or a county. The |
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38 | | - | workforce of a municipality or county may perform a public work |
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39 | | - | described in subsection (a) only if: |
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40 | | - | (1) the workforce, through demonstrated skills, training, or |
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41 | | - | expertise, is capable of performing the public work; and |
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42 | | - | (2) for a public work project under subsection (a) whose cost is |
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43 | | - | estimated to be more than one hundred thousand dollars |
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44 | | - | ($100,000), the board: |
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45 | | - | (A) publishes a notice under IC 5-3-1 that: |
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46 | | - | (i) describes the public work that the board intends to |
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47 | | - | perform with its own workforce; and |
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48 | | - | (ii) sets forth the projected cost of each component of the |
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49 | | - | public work as described in subsection (a); and |
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50 | | - | (B) determines at a public meeting that it is in the public |
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51 | | - | interest to perform the public work with the board's own |
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52 | | - | workforce. |
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53 | | - | A public work project performed by a board's own workforce must be |
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54 | | - | inspected and accepted as complete in the same manner as a public |
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55 | | - | work project performed under a contract awarded after receiving bids. |
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56 | | - | (c) When the project involves the rental of equipment with an |
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57 | | - | operator furnished by the owner, or the installation or application of |
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58 | | - | materials by the supplier of the materials, the project is considered to |
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59 | | - | be a public work project and subject to this chapter. However, an |
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60 | | - | annual contract may be awarded for equipment rental and materials to |
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61 | | - | be installed or applied during a calendar or fiscal year if the proposed |
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62 | | - | project or projects are described in the bid specifications. |
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63 | | - | (d) A board of aviation commissioners or an airport authority board |
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64 | | - | may purchase or lease materials in the manner provided in IC 5-22 and |
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65 | | - | perform any public work by means of its own workforce and owned or |
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66 | | - | leased equipment, in the construction, maintenance, and repair of any |
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67 | | - | airport roadway, runway, taxiway, or aircraft parking apron whenever |
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68 | | - | the cost of that public work project is estimated to be less than one |
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69 | | - | hundred fifty thousand dollars ($150,000). |
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70 | | - | (e) Municipal and county hospitals must comply with this chapter |
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71 | | - | for all contracts for public work that are financed in whole or in part |
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72 | | - | with cumulative building fund revenue, as provided in section 1(c) of |
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73 | | - | this chapter. However, if the cost of the public work is estimated to be |
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74 | | - | less than fifty thousand dollars ($50,000), as reflected in the board |
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75 | | - | minutes, the hospital board may have the public work done without |
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76 | | - | receiving bids, by purchasing the materials and performing the work by |
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77 | | - | means of its own workforce and owned or leased equipment. |
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78 | | - | (f) If a public works project involves a structure, an improvement, |
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79 | | - | HEA 1198 — Concur 3 |
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80 | | - | or a facility under the control of a public highway department that is |
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81 | | - | under the political control of a unit (as defined in IC 36-1-2-23) and |
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82 | | - | involved in the construction, maintenance, or repair of a public |
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83 | | - | highway (as defined in IC 9-25-2-4), the department may not |
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84 | | - | artificially divide the project to bring any part of the project under this |
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85 | | - | section. |
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86 | | - | SECTION 2. IC 36-1-12-4, AS AMENDED BY P.L.236-2023, |
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| 50 | + | 1 SECTION 1. IC 36-1-12-3, AS AMENDED BY P.L.114-2022, |
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| 51 | + | 2 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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| 52 | + | 3 JULY 1, 2025]: Sec. 3. (a) The board may purchase or lease materials |
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| 53 | + | 4 in the manner provided in IC 5-22 and perform any public work, by |
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| 54 | + | 5 means of its own workforce, without awarding a contract whenever the |
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| 55 | + | 6 cost of that public work project is estimated to be less than two hundred |
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| 56 | + | 7 fifty thousand dollars ($250,000). three hundred seventy-five |
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| 57 | + | 8 thousand dollars ($375,000), adjusted annually by the percentage |
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| 58 | + | 9 change in the Consumer Price Index for all Urban Consumers as |
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| 59 | + | 10 published by the United States Bureau of Labor Statistics. The |
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| 60 | + | 11 department of local government finance shall annually publish the |
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| 61 | + | 12 adjusted cost estimate threshold for the current year, determined |
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| 62 | + | 13 in the manner required by this subsection, on the department's |
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| 63 | + | 14 website. Before a board may perform any work under this section by |
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| 64 | + | 15 means of its own workforce, the political subdivision or agency must |
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| 65 | + | 16 have a group of employees on its staff who are capable of performing |
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| 66 | + | 17 the construction, maintenance, and repair applicable to that work. For |
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| 67 | + | EH 1198—LS 7246/DI 137 2 |
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| 68 | + | 1 purposes of this subsection, the cost of a public work project includes: |
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| 69 | + | 2 (1) the actual cost of materials, labor, equipment, and rental; |
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| 70 | + | 3 (2) a reasonable rate for use of trucks and heavy equipment |
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| 71 | + | 4 owned; and |
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| 72 | + | 5 (3) all other expenses incidental to the performance of the project. |
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| 73 | + | 6 (b) This subsection applies only to a municipality or a county. The |
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| 74 | + | 7 workforce of a municipality or county may perform a public work |
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| 75 | + | 8 described in subsection (a) only if: |
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| 76 | + | 9 (1) the workforce, through demonstrated skills, training, or |
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| 77 | + | 10 expertise, is capable of performing the public work; and |
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| 78 | + | 11 (2) for a public work project under subsection (a) whose cost is |
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| 79 | + | 12 estimated to be more than one hundred thousand dollars |
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| 80 | + | 13 ($100,000), the board: |
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| 81 | + | 14 (A) publishes a notice under IC 5-3-1 that: |
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| 82 | + | 15 (i) describes the public work that the board intends to |
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| 83 | + | 16 perform with its own workforce; and |
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| 84 | + | 17 (ii) sets forth the projected cost of each component of the |
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| 85 | + | 18 public work as described in subsection (a); and |
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| 86 | + | 19 (B) determines at a public meeting that it is in the public |
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| 87 | + | 20 interest to perform the public work with the board's own |
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| 88 | + | 21 workforce. |
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| 89 | + | 22 A public work project performed by a board's own workforce must be |
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| 90 | + | 23 inspected and accepted as complete in the same manner as a public |
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| 91 | + | 24 work project performed under a contract awarded after receiving bids. |
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| 92 | + | 25 (c) When the project involves the rental of equipment with an |
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| 93 | + | 26 operator furnished by the owner, or the installation or application of |
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| 94 | + | 27 materials by the supplier of the materials, the project is considered to |
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| 95 | + | 28 be a public work project and subject to this chapter. However, an |
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| 96 | + | 29 annual contract may be awarded for equipment rental and materials to |
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| 97 | + | 30 be installed or applied during a calendar or fiscal year if the proposed |
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| 98 | + | 31 project or projects are described in the bid specifications. |
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| 99 | + | 32 (d) A board of aviation commissioners or an airport authority board |
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| 100 | + | 33 may purchase or lease materials in the manner provided in IC 5-22 and |
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| 101 | + | 34 perform any public work by means of its own workforce and owned or |
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| 102 | + | 35 leased equipment, in the construction, maintenance, and repair of any |
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| 103 | + | 36 airport roadway, runway, taxiway, or aircraft parking apron whenever |
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| 104 | + | 37 the cost of that public work project is estimated to be less than one |
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| 105 | + | 38 hundred fifty thousand dollars ($150,000). |
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| 106 | + | 39 (e) Municipal and county hospitals must comply with this chapter |
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| 107 | + | 40 for all contracts for public work that are financed in whole or in part |
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| 108 | + | 41 with cumulative building fund revenue, as provided in section 1(c) of |
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| 109 | + | 42 this chapter. However, if the cost of the public work is estimated to be |
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| 110 | + | EH 1198—LS 7246/DI 137 3 |
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| 111 | + | 1 less than fifty thousand dollars ($50,000), as reflected in the board |
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| 112 | + | 2 minutes, the hospital board may have the public work done without |
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| 113 | + | 3 receiving bids, by purchasing the materials and performing the work by |
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| 114 | + | 4 means of its own workforce and owned or leased equipment. |
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| 115 | + | 5 (f) If a public works project involves a structure, an improvement, |
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| 116 | + | 6 or a facility under the control of a public highway department that is |
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| 117 | + | 7 under the political control of a unit (as defined in IC 36-1-2-23) and |
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| 118 | + | 8 involved in the construction, maintenance, or repair of a public |
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| 119 | + | 9 highway (as defined in IC 9-25-2-4), the department may not |
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| 120 | + | 10 artificially divide the project to bring any part of the project under this |
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| 121 | + | 11 section. |
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| 122 | + | 12 SECTION 2. IC 36-1-12-4, AS AMENDED BY P.L.236-2023, |
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| 123 | + | 13 SECTION 159, IS AMENDED TO READ AS FOLLOWS |
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| 124 | + | 14 [EFFECTIVE JULY 1, 2025]: Sec. 4. (a) This section applies whenever |
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| 125 | + | 15 the cost of a public work project will be at least the following: |
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| 126 | + | 16 (1) three hundred thousand dollars ($300,000). if the political |
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| 127 | + | 17 subdivision is a school corporation. |
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| 128 | + | 18 (2) One hundred fifty thousand dollars ($150,000), if the political |
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| 129 | + | 19 subdivision is not a school corporation. |
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| 130 | + | 20 (b) The board must comply with the following procedure: |
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| 131 | + | 21 (1) The board shall prepare general plans and specifications |
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| 132 | + | 22 describing the kind of public work required, but shall avoid |
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| 133 | + | 23 specifications which might unduly limit competition. If the |
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| 134 | + | 24 project involves the resurfacing (as defined by IC 8-14-2-1) of a |
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| 135 | + | 25 road, street, or bridge, the specifications must show how the |
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| 136 | + | 26 weight or volume of the materials will be accurately measured |
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| 137 | + | 27 and verified. |
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| 138 | + | 28 (2) The board shall file the plans and specifications in a place |
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| 139 | + | 29 reasonably accessible to the public, which shall be specified in the |
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| 140 | + | 30 notice required by subdivision (3). |
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| 141 | + | 31 (3) Upon the filing of the plans and specifications, the board shall |
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| 142 | + | 32 publish notice in accordance with IC 5-3-1 calling for sealed |
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| 143 | + | 33 proposals for the public work needed. If the board receives |
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| 144 | + | 34 electronic bids as set forth in subsection (d), the board shall also |
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| 145 | + | 35 provide electronic access to the notice of the bid solicitation |
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| 146 | + | 36 through the computer gateway administered under |
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| 147 | + | 37 IC 4-13.1-2-2(a)(6) by the office of technology. |
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| 148 | + | 38 (4) The notice must specify the place where the plans and |
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| 149 | + | 39 specifications are on file and the date fixed for receiving bids. |
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| 150 | + | 40 (5) The period of time between the date of the first publication |
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| 151 | + | 41 and the date of receiving bids shall be governed by the size of the |
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| 152 | + | 42 contemplated project in the discretion of the board. The period of |
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| 153 | + | EH 1198—LS 7246/DI 137 4 |
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| 154 | + | 1 time between the date of the first publication and receiving bids |
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| 155 | + | 2 may not be more than: |
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| 156 | + | 3 (A) six (6) weeks if the estimated cost of the public works |
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| 157 | + | 4 project is less than twenty-five million dollars ($25,000,000); |
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| 158 | + | 5 and |
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| 159 | + | 6 (B) ten (10) weeks if the estimated cost of the public works |
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| 160 | + | 7 project is at least twenty-five million dollars ($25,000,000). |
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| 161 | + | 8 (6) The board shall require the bidder to submit a financial |
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| 162 | + | 9 statement, a statement of experience, a proposed plan or plans for |
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| 163 | + | 10 performing the public work, and the equipment that the bidder has |
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| 164 | + | 11 available for the performance of the public work. The statement |
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| 165 | + | 12 shall be submitted on forms prescribed by the state board of |
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| 166 | + | 13 accounts. |
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| 167 | + | 14 (7) The board may not require a bidder to submit a bid before the |
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| 168 | + | 15 meeting at which bids are to be received. The meeting for |
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| 169 | + | 16 receiving bids must be open to the public. All bids received shall |
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| 170 | + | 17 be opened publicly and read aloud at the time and place |
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| 171 | + | 18 designated and not before. Notwithstanding any other law, bids |
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| 172 | + | 19 may be opened after the time designated if both of the following |
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| 173 | + | 20 apply: |
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| 174 | + | 21 (A) The board makes a written determination that it is in the |
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| 175 | + | 22 best interest of the board to delay the opening. |
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| 176 | + | 23 (B) The day, time, and place of the rescheduled opening are |
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| 177 | + | 24 announced at the day, time, and place of the originally |
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| 178 | + | 25 scheduled opening. |
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| 179 | + | 26 (8) Except as provided in subsection (c), the board shall: |
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| 180 | + | 27 (A) award the contract for public work or improvements to the |
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| 181 | + | 28 lowest responsible and responsive bidder; or |
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| 182 | + | 29 (B) reject all bids submitted. |
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| 183 | + | 30 (9) If the board awards the contract to a bidder other than the |
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| 184 | + | 31 lowest bidder, the board must state in the minutes or memoranda, |
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| 185 | + | 32 at the time the award is made, the factors used to determine which |
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| 186 | + | 33 bidder is the lowest responsible and responsive bidder and to |
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| 187 | + | 34 justify the award. The board shall keep a copy of the minutes or |
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| 188 | + | 35 memoranda available for public inspection. |
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| 189 | + | 36 (10) In determining whether a bidder is responsive, the board may |
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| 190 | + | 37 consider the following factors: |
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| 191 | + | 38 (A) Whether the bidder has submitted a bid or quote that |
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| 192 | + | 39 conforms in all material respects to the specifications. |
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| 193 | + | 40 (B) Whether the bidder has submitted a bid that complies |
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| 194 | + | 41 specifically with the invitation to bid and the instructions to |
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| 195 | + | 42 bidders. |
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| 196 | + | EH 1198—LS 7246/DI 137 5 |
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| 197 | + | 1 (C) Whether the bidder has complied with all applicable |
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| 198 | + | 2 statutes, ordinances, resolutions, or rules pertaining to the |
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| 199 | + | 3 award of a public contract. |
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| 200 | + | 4 (11) In determining whether a bidder is a responsible bidder, the |
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| 201 | + | 5 board may consider the following factors: |
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| 202 | + | 6 (A) The ability and capacity of the bidder to perform the work. |
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| 203 | + | 7 (B) The integrity, character, and reputation of the bidder. |
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| 204 | + | 8 (C) The competence and experience of the bidder. |
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| 205 | + | 9 (12) The board shall require the bidder to submit an affidavit: |
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| 206 | + | 10 (A) that the bidder has not entered into a combination or |
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| 207 | + | 11 agreement: |
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| 208 | + | 12 (i) relative to the price to be bid by a person; |
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| 209 | + | 13 (ii) to prevent a person from bidding; or |
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| 210 | + | 14 (iii) to induce a person to refrain from bidding; and |
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| 211 | + | 15 (B) that the bidder's bid is made without reference to any other |
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| 212 | + | 16 bid. |
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| 213 | + | 17 (c) Notwithstanding subsection (b)(8), a county may award sand, |
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| 214 | + | 18 gravel, asphalt paving materials, or crushed stone contracts to more |
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| 215 | + | 19 than one (1) responsible and responsive bidder if the specifications |
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| 216 | + | 20 allow for bids to be based upon service to specific geographic areas and |
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| 217 | + | 21 the contracts are awarded by geographic area. The geographic areas do |
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| 218 | + | 22 not need to be described in the specifications. |
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| 219 | + | 23 (d) Notwithstanding subsection (b), a board may receive electronic |
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| 220 | + | 24 bids for the public work if: |
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| 221 | + | 25 (1) the solicitation for bids indicates the procedure for |
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| 222 | + | 26 transmitting the electronic bid to the board; and |
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| 223 | + | 27 (2) the board receives the bid on a facsimile machine or system |
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| 224 | + | 28 with a security feature that protects the content of an electronic |
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| 225 | + | 29 bid with the same degree of protection as the content of a bid that |
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| 226 | + | 30 is not transmitted by a facsimile machine. |
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| 227 | + | 31 (e) A board may select a vendor to provide an electronic platform |
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| 228 | + | 32 to accommodate the electronic bidding process. |
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| 229 | + | 33 SECTION 3. IC 36-1-12-4.7, AS AMENDED BY P.L.236-2023, |
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| 230 | + | 34 SECTION 160, IS AMENDED TO READ AS FOLLOWS |
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| 231 | + | 35 [EFFECTIVE JULY 1, 2025]: Sec. 4.7. (a) This section applies |
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| 232 | + | 36 whenever a public work project is estimated to cost at least the |
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| 233 | + | 37 following: |
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| 234 | + | 38 (1) fifty thousand dollars ($50,000) and less than three hundred |
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| 235 | + | 39 thousand dollars ($300,000). if the political subdivision is a |
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| 236 | + | 40 school corporation. |
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| 237 | + | 41 (2) Fifty thousand dollars ($50,000) and less than one hundred |
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| 238 | + | 42 fifty thousand dollars ($150,000), if the political subdivision is |
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| 239 | + | EH 1198—LS 7246/DI 137 6 |
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| 240 | + | 1 not a school corporation. |
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| 241 | + | 2 (b) The board must proceed under the following provisions: |
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| 242 | + | 3 (1) The board shall invite quotes from at least three (3) persons |
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| 243 | + | 4 known to deal in the class of work proposed to be done by mailing |
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| 244 | + | 5 them a notice stating that plans and specifications are on file in a |
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| 245 | + | 6 specified office. The notice must be mailed not less than seven (7) |
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| 246 | + | 7 days before the time fixed for receiving quotes. |
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| 247 | + | 8 (2) The board may not require a person to submit a quote before |
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| 248 | + | 9 the meeting at which quotes are to be received. The meeting for |
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| 249 | + | 10 receiving quotes must be open to the public. All quotes received |
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| 250 | + | 11 shall be opened publicly and read aloud at the time and place |
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| 251 | + | 12 designated and not before. |
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| 252 | + | 13 (3) The board shall award the contract for the public work to the |
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| 253 | + | 14 lowest responsible and responsive quoter. |
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| 254 | + | 15 (4) The board may reject all quotes submitted. |
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| 255 | + | 16 SECTION 4. IC 36-1-12-4.9, AS AMENDED BY P.L.236-2023, |
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| 256 | + | 17 SECTION 161, IS AMENDED TO READ AS FOLLOWS |
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| 257 | + | 18 [EFFECTIVE JULY 1, 2025]: Sec. 4.9. (a) This section applies to a |
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| 258 | + | 19 public work for the routine operation, routine repair, or routine |
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| 259 | + | 20 maintenance of existing structures, buildings, or real property if the |
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| 260 | + | 21 cost of the public work is estimated to be less than the following: |
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| 261 | + | 22 (1) three hundred thousand dollars ($300,000). if the political |
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| 262 | + | 23 subdivision is a school corporation. |
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| 263 | + | 24 (2) One hundred fifty thousand dollars ($150,000), if the political |
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| 264 | + | 25 subdivision is not a school corporation. |
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| 265 | + | 26 (b) The board may award a contract for a public work described in |
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| 266 | + | 27 subsection (a) in the manner provided in IC 5-22. |
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| 267 | + | 28 SECTION 5. IC 36-1-12-6, AS AMENDED BY P.L.127-2017, |
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| 268 | + | 29 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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| 269 | + | 30 JULY 1, 2025]: Sec. 6. (a) Except as provided in subsections (b) and |
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| 270 | + | 31 (c), through (d), the board shall award the contract and shall provide |
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| 271 | + | 32 the successful bidder with written notice to proceed within sixty (60) |
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| 272 | + | 33 days after the date on which bids are opened. |
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| 273 | + | 34 (b) If general obligation bonds are to be sold to finance the |
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| 274 | + | 35 construction that is the subject of the bid, the board shall allow the |
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| 275 | + | 36 bidder ninety (90) days. |
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| 276 | + | 37 (c) If revenue bonds are to be issued, when approved by the utility |
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| 277 | + | 38 regulatory commission, or if special taxing district, special benefit, or |
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| 278 | + | 39 revenue bonds are to be issued and sold to finance the construction, the |
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| 279 | + | 40 board shall allow the bidder one hundred fifty (150) days. |
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| 280 | + | 41 (d) If a federal grant is to be issued to fund a portion of the |
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| 281 | + | 42 construction of the subject of the bid, the board shall allow the |
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| 282 | + | EH 1198—LS 7246/DI 137 7 |
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| 283 | + | 1 bidder ninety (90) days. |
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| 284 | + | 2 (d) (e) A failure to award and execute the contract and to issue |
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| 285 | + | 3 notice within the time required by this section entitles the successful |
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| 286 | + | 4 bidder to: |
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| 287 | + | 5 (1) reject the contract and withdraw the successful bidder's bid |
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| 288 | + | 6 without prejudice; or |
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| 289 | + | 7 (2) extend the time to award the contract and provide notice to |
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| 290 | + | 8 proceed at an agreed later date. |
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| 291 | + | 9 If the successful bidder elects to reject the contract and withdraw the |
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| 292 | + | 10 bidder's bid, notice of that election must be given to the board in |
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| 293 | + | 11 writing within fifteen (15) days of the sixty (60) day expiration date or |
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| 294 | + | 12 any other extension date. |
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| 295 | + | 13 SECTION 6. IC 36-1-12-7 IS AMENDED TO READ AS |
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| 296 | + | 14 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 7. (a) This section |
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| 297 | + | 15 does not apply to public work that: |
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| 298 | + | 16 (1) is considered routine maintenance or upkeep; or |
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| 299 | + | 17 (2) does not require a building permit issued by a city, town, |
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| 300 | + | 18 or county. |
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| 301 | + | 19 (b) Public work performed or contracted for on a public building, |
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| 302 | + | 20 the cost of which is more than one hundred thousand dollars |
---|
| 303 | + | 21 ($100,000), may be undertaken by the board only in accordance with |
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| 304 | + | 22 plans and specifications approved by an architect or engineer licensed |
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| 305 | + | 23 under IC 25-4 or IC 25-31 if the scope of the public work requires a |
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| 306 | + | 24 design release under IC 22-15-3. |
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| 307 | + | 25 SECTION 7. IC 36-1-12-24, AS AMENDED BY P.L.236-2023, |
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| 308 | + | 26 SECTION 162, IS AMENDED TO READ AS FOLLOWS |
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| 309 | + | 27 [EFFECTIVE JULY 1, 2025]: Sec. 24. (a) As used in this section, |
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| 310 | + | 28 "contractor" includes a subcontractor of a contractor. |
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| 311 | + | 29 (b) IC 4-13-18, regarding drug testing of employees of public works |
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| 312 | + | 30 contractors, applies to a public works contract if the estimated cost of |
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| 313 | + | 31 the public works contract is at least the following: |
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| 314 | + | 32 (1) three hundred thousand dollars ($300,000). if the contract is |
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| 315 | + | 33 for a public school corporation. |
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| 316 | + | 34 (2) One hundred fifty thousand dollars ($150,000), if the contract |
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| 317 | + | 35 is for a political subdivision other than a school corporation. |
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| 318 | + | 36 (c) An employee drug testing program submitted to the board under |
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| 319 | + | 37 this section must have been effective and applied at the time of the |
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| 320 | + | 38 solicitation for bids. |
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| 321 | + | 39 (d) A contractor who has previously filed a copy of the contractor's |
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| 322 | + | 40 employee drug testing program with the board in the current calendar |
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| 323 | + | 41 year or within the previous two (2) calendar years satisfies the |
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| 324 | + | 42 requirement for submitting an employee drug testing program, unless |
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| 325 | + | EH 1198—LS 7246/DI 137 8 |
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| 326 | + | 1 the employee drug testing program has been revised. |
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| 327 | + | EH 1198—LS 7246/DI 137 9 |
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| 328 | + | COMMITTEE REPORT |
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| 329 | + | Mr. Speaker: Your Committee on Employment, Labor and Pensions, |
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| 330 | + | to which was referred House Bill 1198, has had the same under |
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| 331 | + | consideration and begs leave to report the same back to the House with |
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| 332 | + | the recommendation that said bill be amended as follows: |
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| 333 | + | Page 3, after line 6, begin a new paragraph and insert: |
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| 334 | + | "SECTION 2. IC 36-1-12-4, AS AMENDED BY P.L.236-2023, |
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| 538 | + | (1) Three hundred thousand dollars ($300,000), if the contract is |
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| 539 | + | for a public school corporation, a board of aviation |
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| 540 | + | commissioners established under IC 8-22-2, or an airport |
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| 541 | + | EH 1198—LS 7246/DI 137 14 |
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| 542 | + | authority established under IC 8-22-3. |
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| 543 | + | (2) One hundred fifty thousand dollars ($150,000), if the contract |
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| 544 | + | is for a political subdivision other than a school corporation, a |
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| 545 | + | board of aviation commissioners established under IC 8-22-2, |
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| 546 | + | or an airport authority established under IC 8-22-3. |
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| 547 | + | (c) An employee drug testing program submitted to the board under |
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| 548 | + | this section must have been effective and applied at the time of the |
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| 549 | + | solicitation for bids. |
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| 550 | + | (d) A contractor who has previously filed a copy of the contractor's |
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| 551 | + | employee drug testing program with the board in the current calendar |
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| 552 | + | year or within the previous two (2) calendar years satisfies the |
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| 553 | + | requirement for submitting an employee drug testing program, unless |
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| 554 | + | the employee drug testing program has been revised.". |
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| 555 | + | Renumber all SECTIONS consecutively. |
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| 556 | + | and when so amended that said bill do pass. |
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| 557 | + | (Reference is to HB 1198 as introduced.) |
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| 558 | + | VANNATTER |
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| 559 | + | Committee Vote: yeas 12, nays 0. |
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| 560 | + | _____ |
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| 561 | + | HOUSE MOTION |
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| 562 | + | Mr. Speaker: I move that House Bill 1198 be amended to read as |
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| 563 | + | follows: |
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| 564 | + | Page 3, delete lines 7 through 42, begin a new paragraph and insert: |
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| 565 | + | "SECTION 2. IC 36-1-12-4, AS AMENDED BY P.L.236-2023, |
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| 566 | + | SECTION 159, IS AMENDED TO READ AS FOLLOWS |
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| 567 | + | [EFFECTIVE JULY 1, 2025]: Sec. 4. (a) This section applies whenever |
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| 568 | + | the cost of a public work project will be at least the following: |
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| 569 | + | (1) three hundred thousand dollars ($300,000). if the political |
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| 570 | + | subdivision is a school corporation. |
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| 571 | + | (2) One hundred fifty thousand dollars ($150,000), if the political |
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| 572 | + | subdivision is not a school corporation. |
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| 573 | + | (b) The board must comply with the following procedure: |
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| 574 | + | (1) The board shall prepare general plans and specifications |
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| 575 | + | describing the kind of public work required, but shall avoid |
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| 576 | + | specifications which might unduly limit competition. If the |
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| 577 | + | project involves the resurfacing (as defined by IC 8-14-2-1) of a |
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| 578 | + | EH 1198—LS 7246/DI 137 15 |
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| 579 | + | road, street, or bridge, the specifications must show how the |
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| 580 | + | weight or volume of the materials will be accurately measured |
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| 581 | + | and verified. |
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| 582 | + | (2) The board shall file the plans and specifications in a place |
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| 583 | + | reasonably accessible to the public, which shall be specified in the |
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| 584 | + | notice required by subdivision (3). |
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| 585 | + | (3) Upon the filing of the plans and specifications, the board shall |
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| 586 | + | publish notice in accordance with IC 5-3-1 calling for sealed |
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| 587 | + | proposals for the public work needed. If the board receives |
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| 588 | + | electronic bids as set forth in subsection (d), the board shall also |
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| 589 | + | provide electronic access to the notice of the bid solicitation |
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| 590 | + | through the computer gateway administered under |
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| 591 | + | IC 4-13.1-2-2(a)(6) by the office of technology. |
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| 592 | + | (4) The notice must specify the place where the plans and |
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| 593 | + | specifications are on file and the date fixed for receiving bids. |
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| 594 | + | (5) The period of time between the date of the first publication |
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| 595 | + | and the date of receiving bids shall be governed by the size of the |
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| 596 | + | contemplated project in the discretion of the board. The period of |
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| 597 | + | time between the date of the first publication and receiving bids |
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| 598 | + | may not be more than: |
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| 599 | + | (A) six (6) weeks if the estimated cost of the public works |
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| 600 | + | project is less than twenty-five million dollars ($25,000,000); |
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| 601 | + | and |
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| 602 | + | (B) ten (10) weeks if the estimated cost of the public works |
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| 603 | + | project is at least twenty-five million dollars ($25,000,000). |
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| 604 | + | (6) The board shall require the bidder to submit a financial |
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| 605 | + | statement, a statement of experience, a proposed plan or plans for |
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| 606 | + | performing the public work, and the equipment that the bidder has |
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| 607 | + | available for the performance of the public work. The statement |
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| 608 | + | shall be submitted on forms prescribed by the state board of |
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| 609 | + | accounts. |
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| 610 | + | (7) The board may not require a bidder to submit a bid before the |
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| 611 | + | meeting at which bids are to be received. The meeting for |
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| 612 | + | receiving bids must be open to the public. All bids received shall |
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| 613 | + | be opened publicly and read aloud at the time and place |
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| 614 | + | designated and not before. Notwithstanding any other law, bids |
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| 615 | + | may be opened after the time designated if both of the following |
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| 616 | + | apply: |
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| 617 | + | (A) The board makes a written determination that it is in the |
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| 618 | + | best interest of the board to delay the opening. |
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| 619 | + | (B) The day, time, and place of the rescheduled opening are |
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| 620 | + | announced at the day, time, and place of the originally |
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| 621 | + | EH 1198—LS 7246/DI 137 16 |
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| 622 | + | scheduled opening. |
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| 623 | + | (8) Except as provided in subsection (c), the board shall: |
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| 624 | + | (A) award the contract for public work or improvements to the |
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| 625 | + | lowest responsible and responsive bidder; or |
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| 626 | + | (B) reject all bids submitted. |
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| 627 | + | (9) If the board awards the contract to a bidder other than the |
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| 628 | + | lowest bidder, the board must state in the minutes or memoranda, |
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| 629 | + | at the time the award is made, the factors used to determine which |
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| 630 | + | bidder is the lowest responsible and responsive bidder and to |
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| 631 | + | justify the award. The board shall keep a copy of the minutes or |
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| 632 | + | memoranda available for public inspection. |
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| 633 | + | (10) In determining whether a bidder is responsive, the board may |
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| 634 | + | consider the following factors: |
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| 635 | + | (A) Whether the bidder has submitted a bid or quote that |
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| 636 | + | conforms in all material respects to the specifications. |
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| 637 | + | (B) Whether the bidder has submitted a bid that complies |
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| 638 | + | specifically with the invitation to bid and the instructions to |
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| 639 | + | bidders. |
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| 640 | + | (C) Whether the bidder has complied with all applicable |
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| 641 | + | statutes, ordinances, resolutions, or rules pertaining to the |
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| 642 | + | award of a public contract. |
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| 643 | + | (11) In determining whether a bidder is a responsible bidder, the |
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| 644 | + | board may consider the following factors: |
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| 645 | + | (A) The ability and capacity of the bidder to perform the work. |
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| 646 | + | (B) The integrity, character, and reputation of the bidder. |
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| 647 | + | (C) The competence and experience of the bidder. |
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| 648 | + | (12) The board shall require the bidder to submit an affidavit: |
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| 649 | + | (A) that the bidder has not entered into a combination or |
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| 650 | + | agreement: |
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| 651 | + | (i) relative to the price to be bid by a person; |
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| 652 | + | (ii) to prevent a person from bidding; or |
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| 653 | + | (iii) to induce a person to refrain from bidding; and |
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| 654 | + | (B) that the bidder's bid is made without reference to any other |
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| 655 | + | bid. |
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| 656 | + | (c) Notwithstanding subsection (b)(8), a county may award sand, |
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| 657 | + | gravel, asphalt paving materials, or crushed stone contracts to more |
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| 658 | + | than one (1) responsible and responsive bidder if the specifications |
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| 659 | + | allow for bids to be based upon service to specific geographic areas and |
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| 660 | + | the contracts are awarded by geographic area. The geographic areas do |
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| 661 | + | not need to be described in the specifications. |
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| 662 | + | (d) Notwithstanding subsection (b), a board may receive electronic |
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| 663 | + | bids for the public work if: |
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| 664 | + | EH 1198—LS 7246/DI 137 17 |
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| 665 | + | (1) the solicitation for bids indicates the procedure for |
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| 666 | + | transmitting the electronic bid to the board; and |
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| 667 | + | (2) the board receives the bid on a facsimile machine or system |
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| 668 | + | with a security feature that protects the content of an electronic |
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| 669 | + | bid with the same degree of protection as the content of a bid that |
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| 670 | + | is not transmitted by a facsimile machine. |
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| 671 | + | (e) A board may select a vendor to provide an electronic platform |
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| 672 | + | to accommodate the electronic bidding process. |
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| 673 | + | SECTION 3. IC 36-1-12-4.7, AS AMENDED BY P.L.236-2023, |
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| 674 | + | SECTION 160, IS AMENDED TO READ AS FOLLOWS |
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| 675 | + | [EFFECTIVE JULY 1, 2025]: Sec. 4.7. (a) This section applies |
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| 676 | + | whenever a public work project is estimated to cost at least the |
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| 677 | + | following: |
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| 678 | + | (1) fifty thousand dollars ($50,000) and less than three hundred |
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| 679 | + | thousand dollars ($300,000). if the political subdivision is a |
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| 680 | + | school corporation. |
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| 681 | + | (2) Fifty thousand dollars ($50,000) and less than one hundred |
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| 682 | + | fifty thousand dollars ($150,000), if the political subdivision is |
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| 683 | + | not a school corporation. |
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| 684 | + | (b) The board must proceed under the following provisions: |
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| 685 | + | (1) The board shall invite quotes from at least three (3) persons |
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| 686 | + | known to deal in the class of work proposed to be done by mailing |
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| 687 | + | them a notice stating that plans and specifications are on file in a |
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| 688 | + | specified office. The notice must be mailed not less than seven (7) |
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| 689 | + | days before the time fixed for receiving quotes. |
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| 690 | + | (2) The board may not require a person to submit a quote before |
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| 691 | + | the meeting at which quotes are to be received. The meeting for |
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| 692 | + | receiving quotes must be open to the public. All quotes received |
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| 693 | + | shall be opened publicly and read aloud at the time and place |
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| 694 | + | designated and not before. |
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| 695 | + | (3) The board shall award the contract for the public work to the |
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| 696 | + | lowest responsible and responsive quoter. |
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| 697 | + | (4) The board may reject all quotes submitted. |
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| 698 | + | SECTION 4. IC 36-1-12-4.9, AS AMENDED BY P.L.236-2023, |
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| 699 | + | SECTION 161, IS AMENDED TO READ AS FOLLOWS |
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| 700 | + | [EFFECTIVE JULY 1, 2025]: Sec. 4.9. (a) This section applies to a |
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| 701 | + | public work for the routine operation, routine repair, or routine |
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| 702 | + | maintenance of existing structures, buildings, or real property if the |
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| 703 | + | cost of the public work is estimated to be less than the following: |
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| 704 | + | (1) three hundred thousand dollars ($300,000). if the political |
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| 705 | + | subdivision is a school corporation. |
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| 706 | + | (2) One hundred fifty thousand dollars ($150,000), if the political |
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| 707 | + | EH 1198—LS 7246/DI 137 18 |
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| 708 | + | subdivision is not a school corporation. |
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| 709 | + | (b) The board may award a contract for a public work described in |
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| 710 | + | subsection (a) in the manner provided in IC 5-22.". |
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| 711 | + | Delete pages 4 through 5. |
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| 712 | + | Page 6, delete lines 1 through 34. |
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| 713 | + | Page 7, delete lines 32 through 42, begin a new paragraph and |
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| 714 | + | insert: |
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| 715 | + | "SECTION 7. IC 36-1-12-24, AS AMENDED BY P.L.236-2023, |
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| 716 | + | SECTION 162, IS AMENDED TO READ AS FOLLOWS |
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| 717 | + | [EFFECTIVE JULY 1, 2025]: Sec. 24. (a) As used in this section, |
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| 718 | + | "contractor" includes a subcontractor of a contractor. |
---|
| 719 | + | (b) IC 4-13-18, regarding drug testing of employees of public works |
---|
| 720 | + | contractors, applies to a public works contract if the estimated cost of |
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| 721 | + | the public works contract is at least the following: |
---|