§ 8-23-11-1 — Requirements

(a) Whenever a bridge, culvert, roadway, or
any other physical property of the state highway system has been
damaged to the extent that it is not usable by the traveling public or is
unsafe for use, and by order of the governor or the commissioner it is
determined that an emergency exists, the department shall proceed with
due diligence to reopen the highway to traffic and make it safe for the
traveling public. For this purpose, the department may proceed without
advertising for bids if the department invites three (3) or more persons
prequalified to perform the work required to be done to submit a bid
within the time specified by the department for that work. Each of the
three (3) prequalified persons shall be given an equal amount of time
to prepare and submit a bid for the work.
(b) The department must keep records of:
(1) the names of those persons invited to bid; and
(2) the details of bids submitted;
in accordance with the department's usual contracting procedures.
(c) The department may then award an emergency contract under
this section to the lowest responsive bidder.

Legislative History

As added by P.L.18-1990, SEC.220. Amended by P.L.16-2020, SEC.1.