Sec. 10. (a) A contractor having a contract with the division for a public works project may enter into a subcontract with a value of one hundred fifty thousand dollars ($150,000) or more, involving the performance of any part of the public work upon which the contractor may be engaged only if the subcontractor has been properly qualified under the terms of this chapter for the work subcontracted.
(b) A contractor that enters into a public works contract with an estimated cost of one hundred fifty thousand dollars ($150,000) or more must complete at least fifteen percent (15%) of the work (measured in dollars of the total contract price) with its own forces. The director may determine whether a contractor has completed at least fifteen percent (15%) of the work with its own forces, and this determination is final and conclusive.
(c) The director may find a contractor violating this section to be in breach of the contract and may employ any legal remedies or administrative remedies that the department may prescribe by rule or in the contract documents. The division may develop contract provisions that assure compliance by contractors with this section and provide for remedies if a contractor breaches these provisions.
As added by P.L.24-1985, SEC.7. Amended by P.L.58-1999, SEC.8; P.L.252-2015, SEC.3.
Structure Indiana Code
Title 4. State Offices and Administration
Article 13.6. State Public Works
Chapter 4. Qualification for State Public Works Projects
4-13.6-4-1. Application of Chapter
4-13.6-4-2. Applications for Qualification; Forms; Confidentiality
4-13.6-4-3. Examination of Applications
4-13.6-4-4. Certificates of Qualification
4-13.6-4-4.5. Public Availability of Certificates of Qualification
4-13.6-4-5. Applications for Qualification; Contents
4-13.6-4-6. Certificates of Qualification; Standards for Issuance
4-13.6-4-7. Foreign Corporations; Applications for Qualifications
4-13.6-4-8. Residency of Applicants
4-13.6-4-10. Subcontracts; Breach of Contract
4-13.6-4-11. Necessity of Qualifications
4-13.6-4-12. False Statements by Applicant; Institution of Proceedings
4-13.6-4-13. Hearings; Judicial Review
4-13.6-4-14. Violations; Reports of Convictions; Disqualification of Convicted Persons