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4-13.6-2-1. Purposes and Policies of Article

Sec. 1. This article shall be construed and applied to promote its underlying purposes and policies, which are to: (1) simplify, clarify, and modernize the law governing public works and professional service contracts; (2) maintain public confidence in the procedures surrounding the awarding and administration of public works and professional service contracts; (3) ensure fair […]

4-13.6-2-10. Electronic Bids or Offers

Sec. 10. The department may receive electronic bids or offers if both of the following apply: (1) The solicitation indicates the procedure for transmitting the electronic bid or offer to the department. (2) The department receives the bid or offer on a facsimile (fax) machine or system with a security feature that protects the content […]

4-13.6-2-11. Designation of Public Works Project as Small Business Set-Aside; Rules

Sec. 11. (a) The division may designate a public works project as a small business set-aside under rules adopted by the department under IC 4-22-2. (b) The following apply to rules adopted by the department governing small business set-asides for public works projects: (1) The rules are subject to the criteria for determining whether a […]

4-13.6-2-12. Annual Instruction to Certain Businesses and Business Enterprises

Sec. 12. The department shall offer instruction at least annually to: (1) small businesses (as defined in IC 5-22-14-1); (2) minority business enterprises (as defined in IC 4-13-16.5-1); (3) women’s business enterprises (as defined in IC 4-13-16.5-1); and (4) veteran owned small businesses (as defined in IC 4-13-16.5-1); with regard to bonding requirements and working […]

4-13.6-2-2. Application of Article

Sec. 2. (a) This article applies only to public works contracts solicited after June 30, 1985. (b) This article applies to work or improvements to be performed on real property that is being or that will be leased by the state from another person if the lease gives the state an option to buy the […]

4-13.6-2-3. Application of Article to Public Works Projects; Exceptions

Sec. 3. (a) This article applies to every expenditure of public funds, regardless of their source, including federal assistance money, by any governmental body for any public works project. (b) This article does not apply to the following: (1) The Indiana commission for higher education. (2) State educational institutions. (3) Military officers and military and […]

4-13.6-2-4. Compliance by Division With Certain Statutes

Sec. 4. The division shall comply with this article and the following statutes in the administration of public works contracts: (1) IC 5-16-3. (2) IC 5-16-6. (3) IC 5-16-8. (4) IC 5-16-9. (5) IC 5-16-13. (6) IC 5-16-14. As added by P.L.24-1985, SEC.7. Amended by P.L.26-1989, SEC.9; P.L.252-2015, SEC.2.

4-13.6-2-5. Certain Statutes Not Applicable

Sec. 5. The following statutes do not apply to public works, public works contracts, or professional service contracts covered under this article: (1) IC 5-16-1. (2) IC 5-16-2. (3) IC 5-16-5. (4) IC 5-16-5.5. As added by P.L.24-1985, SEC.7.

4-13.6-2-6. Good Faith

Sec. 6. All parties involved in the negotiation, performance, or administration of contracts covered by this article shall act in good faith. As added by P.L.24-1985, SEC.7.

4-13.6-2-7. Grants, Gifts, Bequests, or Cooperative Agreements

Sec. 7. Notwithstanding this article, the department shall comply with the terms and conditions of any grant, gift, bequest, or cooperative agreement involving a governmental body if noncompliance with those terms and conditions would invalidate the grant, gift, bequest, or cooperative agreement. As added by P.L.24-1985, SEC.7.

4-13.6-2-9. Public Records; Inspection

Sec. 9. (a) As used in this section, “contract” includes a contract for professional services. (b) Except as provided in subsection (c) or by another law, records of the division are public records subject to public inspection under IC 5-14-3. (c) An officer or employee of the state may not: (1) convey or permit public […]