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

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

Sec. 29. (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.