Section 4-13.6-5-4 - Performance of public works by division or certain state departments(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.
Amended by P.L. 252-2015, SEC. 4, eff. 7/1/2015.Amended by P.L. 172-2011, SEC. 6, eff. 7/1/2011.As added by P.L. 24-1985, SEC.7. Amended by P.L. 12-2002, SEC.5; P.L. 34-2005, SEC.1.