§ 8-10-1-29 — Contracts for construction or purchase over $150,000; bidding required; emergency exception; violations a Level 6 felony

Indiana § 8-10-1-29

• Jurisdiction: Indiana
• Art. 10: PORTS
• Ch. 1: Ports of Indiana─Organization

Text

(a) The ports of Indiana may declare an
emergency:
(1) in the case of fire, flood, windstorm, casualty, or other
extraordinary emergency, including mechanical failure of any part
of a building or structure; and
(2) if the health, safety, or welfare of the public or necessary
governmental operations are endangered by loss or damage.
The ports of Indiana shall declare an emergency by recording the
declaration and grounds for the emergency in the minutes of the
commission.
(b) Unless the ports of Indiana declares an emergency, the ports of
Indiana may not during any six (6) month period make separate
contracts with another party for similar construction projects or the
purchase of similar equipment, materials, or supplies under IC 8-10-1-7(5) without advertising for and accepting public bids, if the
aggregate cost of the separate contracts is more than one hundred fifty
thousand dollars ($150,000).
(c) A commission member or an employee of the ports of Indiana
who knowingly violates subsection (b) commits a Level 6 felony.
(d) A person who accepts a contract with the ports of Indiana
knowing that subsection (b) was violated in connection with the
contract commits a Level 6 felony and may not be a party to or benefit
from any contract with a public body in the state for two (2) years from
the date of the person's conviction.
(e) If the ports of Indiana declares an emergency, the ports of
Indiana may:
(1) contract for a construction project or the purchase of
equipment, materials, or supplies without advertising for bids, if
bids or quotes are invited from at least three (3) persons known to
deal in:
(A) the public work required to be done; or
(B) the equipment, materials, or supplies sought to be
purchased; and
(2) either:
(A) reject all bids or quotes submitted; or
(B) contract with the lowest and best bidder or quoter for the
construction project or purchase.
The total amount of all contracts the ports of Indiana may award with
respect to an emergency declared under subsection (a) may not exceed
one million dollars ($1,000,000), unless an executive order is issued by
the governor authorizing the ports of Indiana to exceed this limit.
(f) When awarding a contract with respect to an emergency declared
under subsection (a), the ports shall list in the minutes of the next
commission meeting the names of all the entities invited to bid.
As added by Acts 1977, P.L.108, SEC.2. Amended by
P.L.18-1987, SEC.9; P.L.102-1993, SEC.1; P.L.98-2008, SEC.37;
P.L.156-2013, SEC.2; P.L.158-2013, SEC.133; P.L.168-2014,
SEC.11.