Authority: IC 15-13-2-9

Affected: IC 5-16-1-2; IC 15-13-2; IC 30-4-1-1

Sec. 2. (a) Except as provided by this rule, if the estimated cost of a commission works project is at least one hundred fifty thousand dollars ($150,000), the commission shall award a contract for the project based on competitive sealed bids.

(b) If the estimated cost of a commission works project is at least one hundred fifty thousand dollars ($150,000), the commission shall:

1. (1) cause development of contract documents for a commission works contract; and
2. (2) keep the contract documents on file in its offices so that they may be inspected by contractors and members of the public.

(c) The commission shall direct the advertisement for bids under section 7 of this rule. The executive director, with the review and approval of the commission, shall award a contract under 80 IAC 9-5.

(d) As a part of the bid, a contractor shall submit under oath a financial statement that complies with the requirements of IC 5-16-1-2.

(e) The commission or executive director, upon the written recommendation of the consulting engineer or architect of the commission, shall reject the bid of a contractor if:

1. (1) the contractor is not qualified under 80 IAC 9-3-1;
2. (2) the executive director makes a written determination, based upon information provided under subsection (d) and this subsection, that the contractor is not qualified to perform the commission works contract;

3. (3) the contractor has:

   1. (A) failed to perform a previous contract with the commission satisfactorily based upon a written determination by the executive director; and
   2. (B) submitted the bid during the period of suspension imposed by the executive director; or

4. (4) the contractor has not complied with:

   1. (A) a rule adopted under this article and the rule specifies that failure to comply with it is a ground for rejection of a bid; or
   2. (B) any requirement under subsection (g).

(f) The commission shall keep a record of all bids. The record must include at least the following information:

1. (1) The name of each contractor.
2. (2) The amount bid by each contractor.
3. (3) The name of the contractor making the lowest bid.
4. (4) The name of the contractor to whom the contract was awarded.
5. (5) The reason the contract was awarded to a contractor other than the lowest bidder, if applicable.

(g) This subsection applies whenever a contract is awarded by competitive sealed bidding. A bid submitted by a trust (as defined in IC 30-4-1-1(a)) must identify each of the following:

1. (1) The beneficiary of the trust.
2. (2) The settlor empowered to revoke or modify the trust.

(State Fair Commission; 80 IAC 9-4-2; filed Nov 7, 2016, 3:46 p.m.: 20161207-IR-080160210FRA; readopted filed Nov 15, 2022, 10:12 a.m.: 20221214-IR-080220291RFA)