departments Sec. 4. (a) If the estimated cost of a public works project is less than three hundred thousand dollars ($300,000), the division may perform the public work without awarding a public works contract under section 2 of this chapter. In performing the public work, the division may authorize use of equipment owned, rented, or leased by the state, may authorize purchase of materials in the manner provided by law, and may authorize performance of the public work using employees of the state. (b) The workforce of a state agency may perform a public work described in subsection (a) only if: (1) the workforce, through demonstrated skills, training, or expertise, is capable of performing the public work; and (2) for a public works project under subsection (a) whose cost is estimated to be more than one hundred thousand dollars ($100,000), the agency: (A) publishes a notice under IC 5-3-1 that: (i) describes the public work that the agency intends to perform with its own workforce; and (ii) sets forth the projected cost of each component of the public work as described in subsection (a); and (B) determines at a public meeting that it is in the public interest to perform the public work with the agency's own workforce. A public works project performed by an agency's own workforce must be inspected and accepted as complete in the same manner as a public works project performed under a contract awarded after receiving bids. (c) If a public works project involves a structure, an improvement, or a facility under the control of an agency, the agency may not artificially divide the project to bring any part of the project under this section. (d) If a public works project involves a structure, improvement, or facility under the control of the department of natural resources, the department of natural resources may purchase materials for the project in the manner provided by law and without a contract being awarded, and may use its employees to perform the labor and supervision, if: (1) the department of natural resources uses equipment owned or leased by it; and (2) the division of engineering of the department of natural resources estimates the cost of the public works project will be less than three hundred thousand dollars ($300,000). (e) If a public works project involves a structure, improvement, or facility under the control of the department of correction, the department of correction may purchase materials for the project in the manner provided by law and use inmates in the custody of the department of correction to perform the labor and use its own employees for supervisory purposes, without awarding a contract, if: (1) the department of correction uses equipment owned or leased by it; and (2) the estimated cost of the public works project using employee or inmate labor is less than the greater of: (A) fifty thousand dollars ($50,000); or (B) the project cost limitation set by IC 4-13-2-11.1. All public works projects covered by this subsection must comply with the remaining provisions of this article, and all plans and specifications for the public works project must be approved by a licensed architect or engineer. As added by P.L.24-1985, SEC.7. Amended by P.L.12-2002, SEC.5; P.L.34-2005, SEC.1; P.L.172-2011, SEC.6; P.L.252-2015, SEC.4.
IC 4-13.6-5-5 Emergency conditions; quotations from contractors; awards Sec. 5. (a) When the commissioner makes a written determination that an emergency condition exists due to fire, flood, windstorm, casualty, or other condition (including mechanical failure of any part of a building or structure), and the emergency condition endangers the health, safety, or welfare of the public or necessary governmental operations, the division may act to repair any damage caused by the emergency condition without awarding a public works contract under section 2 of this chapter. (b) In the case of an emergency described in subsection (a), the division shall invite quotations from at least three (3) contractors known to the division to deal in the work required to be done if the division can do so without jeopardizing successful repair. 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 shall keep a copy of the commissioner's determination and the names of the contractors from whom quotations were invited in the division's files. (d) The division shall award a contract to the lowest responsible and responsive contractor. However, the division may award a contract to a contractor not qualified under IC 4-13.6-4, if necessary to remedy the emergency condition. As added by P.L.24-1985, SEC.7.