Notwithstanding any other statute or rule adopted by the department, the department may accept a proposal and award a contract for the construction, improvement, or maintenance of a road if:

1. (1) the lowest responsive and qualified bid is:

   1. (A) less than three million dollars ($3,000,000);
   2. (B) one (1) of three (3) or more bids received by the department for the contract; or
   3. (C) not more than fifteen percent (15%) above the estimated cost of the project;
2. (2) the commissioner believes that awarding a contract under this section is in the best interests of the state; and
3. (3) the award would comply with any requirement imposed under section 13 of this chapter.

As added by P.L.18-1990, SEC.218. Amended by P.L.50-2008, SEC.2; P.L.60-2023, SEC.1.