Authority: IC 15-13-2-9

Affected: IC 5-16-1-1.6; IC 15-13-2

Sec. 5. (a) When the executive director, in accordance with IC 5-16-1-1.6, makes a written determination that an emergency condition:

1. (1) exists due to:

   1. (A) a fire;
   2. (B) a flood;
   3. (C) a windstorm;
   4. (D) a casualty; or
   5. (E) another condition (including mechanical failure of any part of a building or structure); and

2. (2) endangers:

   1. (A) the health, safety, or welfare of the public; or
   2. (B) necessary operations;
3. the executive director may act to repair any damage caused by the emergency condition without awarding a commission works contract under section 2 of this rule.

(b) In the case of an emergency described in subsection (a), the commission may invite quotations from at least three (3) contractors known to the commission to deal in the work required to be done and record the same consistent with the requirements of IC 5-16-1-1.6. Failure to receive three (3) quotations shall not prevent an award from being made.

(c) The contracts department shall keep a copy of the:

1. (1) executive director's determination; and
2. (2) names of the contractors from whom quotations were invited;

in the appropriate files.

(d) The executive director shall award a contract to the lowest responsible and responsive contractor. However, the executive director may award a contract to a contractor not qualified under 80 IAC 9-3-1 if necessary to remedy the emergency condition.

(State Fair Commission; 80 IAC 9-4-5; filed Nov 7, 2016, 3:46 p.m.: 20161207-IR-080160210FRA; readopted filed Nov 15, 2022, 10:12 a.m.: 20221214-IR-080220291RFA)