Contractors and subcontractors awarded a local public works contract beginning January 1, 2017, must be qualified by the Indiana Department of Administration or Indiana Department of Transportation per Indiana Code (IC) 5-16-13-10. The requirement, originally established in the 2015 legislative session, was amended during the 2016 session to exempt awarded contracts less than $300,000 and the local government unit complies with IC 36-1-12. This statute includes requirements regarding when plans and specifications and bonding are required along with drug testing for contractor employees.
Applicability of qualification requirement under IC 5-16-13; exemption for local unit projects
Sec. 0.5. (a) The definitions in IC 5-16-13 apply to this section. (b) For purposes of IC 5-16-13-10(c) and this section, a contractor must be qualified under this chapter before doing any work on a public works project that is the construction, improvement, alteration, repair, or maintenance of a road (as defined by IC 8-23-1-23), highway, street, or alley. (c) Notwithstanding the applicability date specified in IC 5-16-13-10(c) and subject to subsection (d), the requirement that a contractor must be qualified under this chapter before doing any work on a public works project applies to a public works contract awarded after December 31, 2016. (d) This subsection applies to a public works project awarded after December 31, 2016, by a local unit. A contractor in any contractor tier is not required to be qualified under this chapter before doing any work on a public works project awarded by a local unit whenever:
(1) the total amount of the contract awarded to the contractor for work on the public works project is less than three hundred thousand dollars ($300,000); and
(2) the local unit complies with IC 36-1-12 in awarding the contract for the public works project.
As added by P.L.144-2016, SEC.3.