Title 36, LOCAL GOVERNMENT

Sec. 13. As used in this chapter, "performance bond" means an approved form of security, furnished and executed by the bidder and the bidder's surety, that guarantees the complete execution of the contract and all supplemental agreements. As added by P.L.85-1991, SEC.3.

Sec. 14. As used in this chapter, "prequalification administrator" means the administrative officer of an entity who is responsible for the administration of the qualification of contractors under this chapter. As added by P.L.85-1991, SEC.3.

Sec. 15. As used in this chapter, "proposal" means an offer of a bidder, on a prescribed form, to perform the work and to furnish the labor and materials at the prices quoted. As added by P.L.85-1991, SEC.3.

Sec. 16. As used in this chapter, "subcontractor" means an individual, a partnership, a firm, a limited liability company, a corporation, or other person to whom a contractor sublets part of a contract. As added by P.L.85-1991, SEC.3. Amended by P.L.8-1993, SEC.515.

Sec. 17. As used in this chapter, "surety" means a corporate body bound with and for the contractor for the following: (1) The full and complete performance of the contract. (2) The payment of all debts related to the work. As added by P.L.85-1991, SEC.3.

Sec. 18. As used in this chapter, "unearned work" means the total dollar value of work contracted for but not performed. As added by P.L.85-1991, SEC.3.

Sec. 19. (a) An entity may require a bidder on a contract described in section 1 of this chapter to be qualified under this chapter. If an entity determines that bidders on a contract must be qualified under this chapter, the entity shall provide notice of the qualification requi…

Sec. 2. As used in this chapter, "advertisement" means the public announcement inviting bids for work to be performed or materials to be furnished. As added by P.L.85-1991, SEC.3.

Sec. 20. A contractor desiring to offer bids for the performance of contracts for which an entity requires prequalification must file a statement of experience and financial condition using a form prescribed by the state board of accounts. The statement must include a complete re…

Sec. 21. The submission of a statement under section 20 of this chapter by an applicant authorizes the entity to obtain all information that the entity considers relevant to the applicant's financial worth, assets and liabilities, organization, personnel, work experience, prosecu…

Sec. 22. (a) An entity may at any time during which a certificate of qualification is in effect demand a new statement. If a contractor does not provide a new statement not later than sixty (60) days after the request is made, the entity may void the contractor's certificate of q…

Sec. 23. (a) Except as provided in subsection (b), an entity shall consider statements in the order in which the statements are received by the entity. (b) A statement provided by a new applicant who desires to bid on an advertised project must be received not later than forty-fi…

Sec. 24. An applicant may not be given a certificate of qualification unless the review of the applicant's statement shows that the applicant possesses the net current assets determined by the entity to be sufficient to execute the contract and meet all obligations of the contrac…

Sec. 25. (a) An applicant must possess the qualifications required under this chapter and the entity must determine that the applicant is a competent and responsible bidder before the entity may issue the applicant a certificate of qualification. (b) In making a determination und…

Sec. 26. An entity's prequalification administrator shall make a recommendation to the entity regarding the action that should be taken on an application. An entity may in the exercise of the entity's sole discretion accept or reject the recommendation of a prequalification admin…

Sec. 27. (a) An entity shall send an applicant written notice of the entity's decision regarding the application. (b) A certificate of qualification becomes effective on the date determined by the entity. As added by P.L.85-1991, SEC.3.

Sec. 28. (a) For the purpose of determining competency and responsibility the prequalification administrator may send evaluation forms to either of the following: (1) Persons with whom the contractor has had business relationships. (2) Persons who have used the services of the co…

Sec. 29. A certificate of qualification may not be valid for more than sixteen (16) months. The expiration date of a certificate of qualification may not be more than eighteen (18) months after the date of the statement upon which the certificate is based. The certificate period …

Sec. 3. As used in this chapter, "applicant" means a contractor or the subcontractor who seeks to do business with an entity. As added by P.L.85-1991, SEC.3.

Sec. 30. An entity shall notify an applicant if a certificate of qualification is not issued to the applicant. As added by P.L.85-1991, SEC.3.

Sec. 31. If at any time during the valid period of a certificate of qualification the latest statement of a contractor on record with an entity ceases to represent fairly and substantially the financial position or the equipment of the contractor, the contractor shall do the foll…

Sec. 32. (a) An entity may require a personal interview with any contractor when considering qualifications. (b) A prequalification administrator may request a new statement if the date of the statement is more than six (6) months old when submitted. (c) A statement furnished for…

Sec. 33. For the physical dispersal of equipment or subsequent use or sale of construction materials, an accountant may, for purposes of section 32 of this chapter, accept a signed statement of the contractor as evidence of possession of equipment or of materials inventory as of …

Sec. 34. (a) A financial statement required under this chapter must do the following: (1) Include full and complete information for all major items of equipment, including the age, date of purchase, cost when purchased, and the date of any rebuilding of equipment. (2) List all ma…

Sec. 35. A qualification for not greater than two hundred thousand dollars ($200,000) may be granted if the statement furnished is certified as correct by an officer of the company. As added by P.L.85-1991, SEC.3.

Sec. 36. (a) The initial statement submitted by a corporation must be accompanied by a certified copy of the following: (1) The minutes covering the election of current officers. (2) The current authority for individuals' personal signatures to contracts of the corporation, which…

Sec. 37. (a) A contractor may be classified for one (1) or more types of work. A contractor will be rated in accordance with the contractor's financial ability, adequacy of plant and equipment, organization, prior experience, record of construction and any other relevant and mate…

Sec. 38. (a) A contractor's maximum aggregate rating as determined from the statement will be the sum of the following rating components: (1) Net current assets multiplied by ten (10). (2) The lesser of: (A) the net book value of construction equipment assets multiplied by eight …

Sec. 39. An entity shall do the following in determining accepted net current assets: (1) Deduct receivables excluding retainage from nongovernmental agencies more than one (1) year old. (2) Consider notes due not later than one (1) year from the date of the financial statement d…

Sec. 4. As used in this chapter, "application" means the act of filing a statement with an entity to request qualification to perform work. As added by P.L.85-1991, SEC.3.

Sec. 40. If an applicant has guaranteed loans of any person or any entity, has used assets as security for the guaranteed loans, or has made other guarantees or commitments of activities of any person or any entity, an entity may reduce or adjust the applicant's net current asset…

Sec. 41. In determining net current assets, an entity may not consider the following: (1) Notes and accounts receivable from affiliated business firms as assets of the applicant unless an audited financial statement showing the debtor has sufficient liquidity to discharge the deb…

Sec. 42. An applicant must list the book value and the market value for stocks and bonds. An entity may not consider stocks and bonds as working capital unless market value, as determined or verified by the accountant, is given. Stocks and bonds shall be valued at the lesser of t…

Sec. 43. (a) An entity may not provide a rating credit for equipment: (1) that cannot satisfactorily be identified as to kind, type, and capacity; or (2) for which the essential information concerning the equipment's cost and age is not supplied. (b) An entity shall provide a con…

Sec. 44. (a) An entity may grant an unlimited qualification if a contractor's maximum aggregate rating exceeds one hundred million dollars ($100,000,000). (b) An entity may not rate a contractor qualified for work in excess of two hundred thousand dollars ($200,000) if the contra…

Sec. 45. (a) A prequalification administrator may recommend to an entity any change in the qualification issued to the contractor based upon the receipt of additional information. An entity shall provide a contractor with notification of a change in qualification. The notificatio…

Sec. 46. (a) A prequalification administrator may recommend to an entity that a contractor's certificate of qualification be suspended if: (1) the contractor's work is unsatisfactory; (2) the rate of progress is such that the prequalification administrator determines that the con…

Sec. 47. An entity may withdraw a certificate of qualification only if the entity has determined that the firm, limited liability company, or corporation is no longer active or in existence. The entity shall provide notification of the withdrawal in writing. The notification of w…

Sec. 48. (a) An entity may revoke a certificate of qualification only if the entity determines that the contractor or subcontractor has done at least one (1) of the following: (1) Fails to timely pay or satisfactorily settle any bills due for labor and material on former or exist…

Sec. 49. A contractor dissatisfied with a decision by an entity under this chapter may make a written request for reconsideration to the prequalification administrator. As added by P.L.85-1991, SEC.3.

Sec. 5. As used in this chapter, "award" means the acceptance by an entity of a bid and authorization by an entity to enter into a contract with the bidder. As added by P.L.85-1991, SEC.3.

Sec. 50. (a) A request under section 49 of this chapter must include written justification concerning the contractor's qualification. In addition, the contractor may request a personal interview. The prequalification administrator shall consider the written request by certified o…

Sec. 51. (a) If a contractor is dissatisfied with the decision under section 50 of this chapter, the contractor may make a written request by certified or registered mail or personal service within fifteen (15) days after receiving the decision for an appeal hearing. (b) A contra…

Sec. 52. If a contractor fails to follow the appeals procedures of this chapter within the specified time, the contractor accepts the decision of the entity as final and waives any right to further administrative appeal. As added by P.L.85-1991, SEC.3.

Sec. 53. (a) The prequalification requirements of this section do not apply to the following: (1) Professional services. (2) Hauling materials or supplies to or from a job site. (3) Concession contracts. (b) If an entity determines that qualification is required under this chapte…

Sec. 54. (a) An entity may allow the department of state revenue access to the name of each person who is either: (1) bidding on a contract to be awarded under this chapter; or (2) a contractor or a subcontractor under this chapter. (b) If an entity is notified by the department …