Indiana § 5-16-6-1 - Contract provisions; antidiscrimination clauses

§ 5-16-6-1. Contract provisions; antidiscrimination clauses

Sec. 1. Every contract for or on behalf of the state of Indiana or any of the municipal corporations thereof, for the construction, alteration, or repair of any public building or public work in the state of Indiana shall contain provisions by which the contractor agrees:

(a) That in the hiring of employees for the performance of work under this contract or any subcontract hereunder, no contractor, or subcontractor, nor any person acting on behalf of such contractor or subcontractor, shall, by reason of race, religion, color, sex, national origin or ancestry, discriminate against any citizen of the state of Indiana who is qualified and available to perform the work to which the employment relates;

(b) That no contractor, subcontractor, nor any person on his behalf shall, in any manner, discriminate against or intimidate any employee hired for the performance of work under this contract on account of race, religion, color, sex, national origin or ancestry;

(c) That there may be deducted from the amount payable to the contractor by the state of Indiana or by any municipal corporation thereof, under this contract, a penalty of five dollars ($5.00) for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the contract; and

(d) That this contract may be cancelled or terminated by the state of Indiana or by any municipal corporation thereof, and all money due or to become due hereunder may be forfeited, for a second or any subsequent violation of the terms or conditions of this section of the contract.

Formerly: Acts 1933, c.270, s.1; Acts 1975, P.L.27, SEC.2.

IC 5-16-6.5Chapter 6.5. Minority Business Certification

5-16-6.5-1"Disadvantaged business enterprise" defined 5-16-6.5-2"Public agency" defined 5-16-6.5-3"Women-owned business enterprise" defined 5-16-6.5-4False representations by contractor to public agency; breach of contract 5-16-6.5-5Penalties for breach of contract 5-16-6.5-6Bidding restrictions on contractors breaching contracts

IC 5-16-6.5-1"Disadvantaged business enterprise" defined Sec. 1. As used in this chapter, "disadvantaged business enterprise" means a minority business enterprise as defined in IC 4-13-16.5-1.

As added by P.L.70-1987, SEC.1.

IC 5-16-6.5-2"Public agency" defined Sec. 2. As used in this chapter, "public agency" includes the following:

(1) A political subdivision as defined in IC 36-1-2-13.

(2) A municipally owned utility.

(3) A lessor corporation leasing a school building to a school corporation under IC 20-47-2 or IC 20-47-3.

(4) A lessor corporation constructing a public facility to be leased to a political subdivision.

(5) A state agency.

(6) Any entity established by the general assembly as a body corporate and politic.

As added by P.L.70-1987, SEC.1. Amended by P.L.2-2006, SEC.30.

IC 5-16-6.5-3"Women-owned business enterprise" defined Sec. 3. As used in this chapter, "women-owned business enterprise" means a business that is at least fifty-one percent (51%) owned and controlled (as defined in IC 4-13-16.5-1) by a woman or women.

As added by P.L.70-1987, SEC.1.

IC 5-16-6.5-4False representations by contractor to public agency; breach of contract Sec. 4. A contractor who, knowingly or intentionally, falsely represents to a public agency that the contractor:

(1) is a disadvantaged business enterprise or a women-owned business enterprise; or

(2) will use the services or commodities of a disadvantaged business enterprise or a women-owned business enterprise;

is in breach of contract.

As added by P.L.70-1987, SEC.1.

IC 5-16-6.5-5Penalties for breach of contract Sec. 5. (a) If a breach of contract occurs under section 4 of this chapter, the public agency shall suspend all payments to the contractor under that contract unless it determines that the contractor made a good faith effort to avoid the breach but was unable to do so.

(b) If the public agency determines that the contractor did not act to avoid the breach, it may:

(1) rescind the contract and recover all amounts paid under it if the breach occurs under section 4(1) of this chapter;

(2) recover all amounts paid to the contractor under the contract that were intended for expenditure with a disadvantaged business enterprise or a women owned business enterprise if the breach occurred under section 4(2) of this chapter; or

(3) employ any legal or administrative remedies that the agency prescribes by rule or in the contract.

As added by P.L.70-1987, SEC.1. Amended by P.L.71-1989, SEC.1.

IC 5-16-6.5-6Bidding restrictions on contractors breaching contracts Sec. 6. If a contractor commits a breach of contract under section 4 of this chapter, the contractor is prohibited from bidding on contracts awarded by any public agency for up to thirty-six (36) months. The public agency shall determine the period of time during which the contractor is prohibited from bidding on contracts under this section.

As added by P.L.70-1987, SEC.1. Amended by P.L.71-1989, SEC.2.

IC 5-16-7Chapter 7. RepealedRepealed by P.L.252-2015, SEC.9.

IC 5-16-7.1Chapter 7.1. Effect of Repeal of Common Construction Wage Statute (IC 5-16-7)

5-16-7.1-1"Common construction wage statute" 5-16-7.1-2Application and enforcement of common construction wage statute after its repeal

IC 5-16-7.1-1"Common construction wage statute" Sec. 1. As used in this chapter, "common construction wage statute" refers to the following:

(1) IC 5-16-7, as in effect on June 30, 2015.

(2) Any statute, as in effect on June 30, 2015, if IC 5-16-7 is applicable.

As added by P.L.252-2015, SEC.10.

IC 5-16-7.1-2Application and enforcement of common construction wage statute after its repeal Sec. 2. Notwithstanding the repeal of the common construction wage statute by legislation enacted in the 2015 regular session of the general assembly, the common construction wage statute applies to a public works contract awarded before July 1, 2015, and shall be enforced as if the common construction wage statute had not been repealed.

As added by P.L.252-2015, SEC.10.

IC 5-16-7.2Chapter 7.2. Wage Scales for Public Works Projects

5-16-7.2-1Application of chapter 5-16-7.2-2"Applicable public works statute" 5-16-7.2-3"Public agency" 5-16-7.2-4"Public works project" 5-16-7.2-5Prohibition against public agency establishing, mandating, or requiring wage scale or schedule for public works project

IC 5-16-7.2-1Application of chapter Sec. 1. (a) This chapter applies to a public works contract awarded by a public agency after June 30, 2015.

(b) This chapter does not apply to contracts awarded by the Indiana department of transportation when IC 8-23-9 applies.

As added by P.L.252-2015, SEC.11.

IC 5-16-7.2-2"Applicable public works statute" Sec. 2. As used in this chapter, "applicable public works statute" refers to whichever of the following statutes is applicable to public works projects of the public agency:

(1) IC 4-13.6.

(2) This article.

(3) IC 36-1-12.

(4) Any other statute applicable to the public works projects of the public agency.

As added by P.L.252-2015, SEC.11.

IC 5-16-7.2-3"Public agency" Sec. 3. As used in this chapter, "public agency" has the meaning set forth in IC 5-30-1-11.

As added by P.L.252-2015, SEC.11.

IC 5-16-7.2-4"Public works project" Sec. 4. As used in this chapter, "public works project" refers to a construction project governed by an applicable public works statute.

As added by P.L.252-2015, SEC.11.

IC 5-16-7.2-5Prohibition against public agency establishing, mandating, or requiring wage scale or schedule for public works project Sec. 5. Unless federal or state law provides otherwise, a public agency may not:

(1) establish;

(2) mandate; or

(3) otherwise require;

a wage scale or wage schedule for a public works contract awarded by the public agency.

As added by P.L.252-2015, SEC.11.

IC 5-16-8Chapter 8. Steel Procurement for Public Works

5-16-8-1Definitions 5-16-8-2Public agency contract provisions; rules for determining reasonable pricing 5-16-8-3Payment contingent upon compliance; recovery of payments made upon noncomplying contracts 5-16-8-4Nonapplicability to steel products in insufficient supply 5-16-8-5Purpose and construction of chapter