Bill Text: IN HB1400 | 2011 | Regular Session | Amended
Bill Title: Roofing projects of political subdivisions.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Introduced - Dead) 2011-02-07 - Committee report: do pass, adopted [HB1400 Detail]
Download: Indiana-2011-HB1400-Amended.html
Citations Affected: IC 5-16.
Synopsis: Roofing projects of political subdivisions. Requires
specifications for a roofing project of a political subdivision to be
written to encourage free, open, and competitive bidding and refrain
from calling for unique or proprietary materials.
Effective: July 1, 2011.
January 18, 2011, read first time and referred to Committee on Local Government.
February 7, 2011, reported _ Do Pass.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning state
and local administration.
Chapter 13. Specifications for Roofing Projects.
Sec. 1. As used in this chapter, "brand name" refers to materials that are unique or proprietary to only one (1) manufacturer.
Sec. 2. (a) As used in this chapter, "contract officer" refers to the board or individual responsible for awarding the contract for a roofing project.
(b) If the contract officer consists of more than one (1) individual, an action authorized or required of a contract officer must be taken by a majority of the individuals who constitute the contract officer.
Sec. 3. As used in this chapter, "design professional" refers to a professional retained by a contract officer to draft specifications for a roofing project or to advise the contract officer with respect to the award of a roofing project and is either of the following:
(1) An architect registered under IC 25-4.
(2) An engineer registered under IC 25-31.
Sec. 4. As used in this chapter, "materials" refer to materials, products, or supplies used on a roofing project.
Sec. 5. As used in this chapter, "person" refers to any of the following:
(1) An individual.
(2) A business partnership.
(3) A corporation.
(4) A committee.
(5) A club.
(6) A union.
(7) Any other organization, entity, or group of individuals.
Sec. 6. As used in this chapter, "roofing project" means a project for the replacement or repair of a roof of a facility owned by a political subdivision or an agency of a political subdivision. The term does not include the following:
(1) A project for the repair of twenty-five percent (25%) or less of the roof.
(2) A repair project that has a total cost of not more than twenty thousand dollars ($20,000).
Sec. 7. As used in this chapter, "specifications" refers to the bid specifications for supplying materials for a roofing project.
Sec. 8. (a) Specifications must be written to accomplish the following:
(1) Encourage free, open, and competitive bidding.
(2) Prevent corruption, extravagance, favoritism, graft, and improvidence.
(3) Ensure honest competition to acquire the best work and materials for a roofing project at the lowest reasonable cost.
(b) Specifications must be based upon generally accepted standards in the commercial roofing industry.
(c) A specification may state the kind or quality of materials sought by referring to a brand name. Referring to materials by a brand name is considered to mean that the materials supplied must be of the general style, type, character, and quality of the materials identified by the brand name.
(d) Other materials are considered the equivalent of materials of a brand name if the materials:
(1) are at least equal in quality, durability, strength, appearance, energy efficiency, and design, but need not necessarily be of an identical color;
(2) will perform at least as well for the function imposed by the general design for the roofing project; or
(3) conform substantially, even with deviations, to the requirements for the materials in the specifications.
(e) In response to a specification that calls for a brand name, a bidder may furnish:
(1) the brand name material; or
(2) material that is equivalent to the brand named material.
(f) A substitute material will be considered unequal to brand name material only if the resulting roof system would be substantially different from other equal or better systems in terms of performance and durability, not merely different because of the inclusion or proprietary products or a proprietary warranty.
(g) None of the following, if present in specifications, may be used to reject materials as unequal to brand name material:
(1) Requirements applicable to alternate or substitute materials or bidders proposing the use of alternate or substitute materials that differ substantially from the requirements to be met by materials named in the specifications.
(2) Conferral of authority to accept or reject alternate or substitute materials upon persons other than:
(A) the contract officer; or
(B) the design professional who prepared the specifications.
(3) Testing requirements that may be met by only one (1) manufacturer's materials. However, specifications may require materials to meet standards issued by independent standards organizations or to pass tests accepted by independent testing organizations. In any case where materials are required to meet a certain standard set forth in the specifications, the materials are considered to meet the standard if they meet or exceed the standard.
(4) Testing requirements for alternate or substitute materials that are exclusionary due to time or expense for compliance.
(5) Standards for, or a restriction, condition, or limitation upon the use of alternate or substitute materials that is not directly related to the purpose, function, or activity for which the contract is awarded.
Sec. 9. This chapter does not prohibit design-build contracts awarded in compliance with IC 5-30.
Sec. 10. A contract officer may not artificially divide a roofing
project into smaller projects to avoid application of this chapter.
Sec. 11. (a) The plans and specifications for a roofing project
must bear the stamp or seal of the design professional who
prepared the plans or the specifications.
(b) The contract officer shall require that the design
professional who prepares the plans or specifications for a roofing
project must certify that the design professional has the applicable
license or registration required by Indiana law.
Sec. 12. (a) A contract officer may not accept or agree to accept
any property from a person in return for the contract officer's
agreement to do any of the following:
(1) To purchase or recommend the purchase of that person's
materials with respect to a roofing project.
(2) To incorporate or recommend incorporation of the
person's materials into specifications for a roofing project.
(3) To award or recommend the award of a roofing project
contract to that person.
(4) To recommend, promote, or endorse that person's
materials with respect to the roofing project.
(b) A person may not confer or agree to confer any property on
a contract officer for the contract officer's agreement to do any act
described in subsection (a).
Sec. 13. (a) As used in this section, "interested party" refers to
an architect, engineer, consultant, materials manufacturer,
distributor, or vendor.
(b) A design professional or a design or construction consultant
who provides professional services relating to a roofing project
shall disclose any ownership, investment, or compensation
relationships with any interested party. The certification must be
provided to the contract officer before the design professional's or
consultant's services are engaged.
(c) A materials manufacturer, contractor, or vendor involved in
a bid or proposal for a roofing project shall disclose any
ownership, investment, or compensation relationships with any
interested party. The certification must be provided with the bid or
proposal.
(d) For purposes of this section, a design professional or a design
or construction consultant who:
(1) is employed by a person; and
(2) owns more than ten percent (10%) interest in the
employer;
is considered to represent the employer and must disclose the
employer's ownership, investment, and compensation relationships
as if those relationships were held personally by the design
professional or the design or construction consultant.
(e) A person required to make disclosures under this section is
not required to disclose a relationship in which that person is a
stockholder of a corporation if both of the following apply:
(1) The stock of the corporation is listed for sale to the general
public on a national securities exchange and registered with
the United States Securities and Exchange Commission.
(2) The person holds less than ten percent (10%) of the
outstanding stock entitled to vote at the annual meeting of the
corporation.
Sec. 14. (a) The certification referred to in section 13 of this
chapter must be in the following form:
"For purposes of this certification, "person" means any
individual, business partnership, corporation, committee, club,
union, or any other organization, entity, or group of individuals.
"I _____________________ (insert the name of the individual
making the certification), employed by ______________________
(insert the name of the employer of the individual making the
certification if required by this chapter), certify that I have not:
(1) offered, given, or agreed to give any gift, contribution, or
any financial incentive to any person; or
(2) received, accepted, or agreed to accept any gift,
contribution, or any financial incentive from any person;
in connection with the roofing project.
"I further certify that I do not have, and throughout the
duration of the contract, I will not have, any financial relationship
in connection with the performance of this contract with any
architect, engineer, roofing consultant, materials manufacturer,
distributor, or vendor that is not disclosed below.
"I have the following relationships with an architect, engineer,
consultant, materials manufacturer, distributor, or vendor:
(adequate space must be given for the insertion of information
required by the certification).
"I certify to the best of my knowledge, the representations made
in this certification are true or are believed to be true."
(b) The following must be included on a page that includes text
of the certification:
(1) The signature of the individual making the certification.
(2) The printed name of the individual making the
certification.
(3) The date the individual makes the certification.
(4) The printed name of the employer of the individual making the certification (if applicable).
Sec. 15. A design professional, contractor, materials manufacturer, consultant, or vendor who knowingly or intentionally:
(1) provides false information; or
(2) fails to disclose an ownership, investment, or compensation relationship;
under section 14 of this chapter is liable to the political subdivision for any costs to the political subdivision that are reasonably attributable to excess or unnecessary costs, when compared with competing bids, incurred by the political subdivision because of the undisclosed ownership, investment, or compensation relationship.
Sec. 16. (a) If the contract officer makes the attendance of a bidder at a prebid meeting or conference a condition of the acceptance of a bid from that bidder for a roofing project, the contract officer shall publish notice of the date and time of the prebid meeting or conference in the same fashion and for the same period as the board must advertise the date of receiving bids under IC 5-3-1.
(b) If a prebid meeting is not advertised as required by this section, the contract officer may not refuse to accept a bid from a bidder solely because that bidder failed to attend the prebid meeting.
Sec. 17. (a) As used in this section, "certification board" refers to the certification board established by IC 4-13.6-3-3.
(b) A prospective bidder may file a protest alleging that bid specifications for a roofing project violate this chapter with the certification board.
(c) A person who challenges the specifications has the burden of demonstrating that the specifications violate this chapter.
(d) If the certification board concludes that the specifications violate this chapter, the certification board shall direct the contract officer to revise the specifications to comply with this chapter.
(e) A decision of the certification board under this section is final.
Sec. 18. A contract awarded in violation of this chapter is voidable by the political subdivision.
Sec. 19. (a) The attorney general may petition a court with jurisdiction to impose a civil penalty on any person who violates this chapter.
(b) If the court finds that a person violated this chapter, the court may impose a civil penalty against the person of not more than twenty-five thousand dollars ($25,000) for each violation, plus any investigative costs incurred and documented by the attorney general.
