§ 4-13.6-5-4 — Performance of public works by division or certain state departments

Indiana § 4-13.6-5-4

• Jurisdiction: Indiana
• Art. 13.6: STATE PUBLIC WORKS
• Ch. 5: Bidding Requirements

Text

(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
not more than six hundred thousand dollars ($600,000).
(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.

Legislative History

As added by P.L.24-1985, SEC.7. Amended by P.L.12-2002, SEC.5; P.L.34-2005, SEC.1; P.L.172-2011, SEC.6; P.L.252-2015, SEC.4; P.L.230-2025, SEC.2.