Sec. 2.5. (a) Notwithstanding sections 2 and 3 of this chapter and IC 8-23-9, the Indiana department of transportation may award a public works contract for road or street work subject to the open price provisions of IC 26-1-2-305.
(b) Such a contract may provide that prices for construction materials, including but not limited to liquid asphalts, are subject to price of materials adjustment. When price adjustments are part of the contract, the method of price adjustment shall be specified in the contract.
(c) Nothing in this section authorizes the expenditure of money over and above the total amount of money appropriated by the state for road and street contracts.
As added by Acts 1980, P.L.34, SEC.1. Amended by Acts 1981, P.L.57, SEC.15; P.L.18-1990, SEC.15.
Structure Indiana Code
Title 5. State and Local Administration
Chapter 1. Purchases and Leases of Personal Property by State Agencies
5-17-1-0.3. Legalization of Certain Actions
5-17-1-1. Compliance With Requirements of Chapter; Limits; Exemptions
5-17-1-2.5. Road or Street Work Contracts; Open Price; Material Price Adjustments; Limitation
5-17-1-3. Prescribed Forms for Trust Bids, Offers, Proposals, Estimates, or Contracts
5-17-1-4. Delivery of Original Purchase Order or Lease; Filing Copies
5-17-1-7. Liability of Purchasers for Wrongful Performance
5-17-1-8.1. Chapter to Be Supplemental to All Laws; Limitations
5-17-1-10. Procurement Preferences
5-17-1-11. Payment of Gross Retail Tax Condition of Doing Business