HB 1206

                                                          Introduced Version
           HOUSE BILL No. 1206
                 _____
              DIGEST OF INTRODUCED BILL
Citations Affected: IC 36-1-12-4.
Synopsis: Local public work project bidding. Provides additional
considerations that a local public works board may consider in
determining the lowest responsible and responsive bidder for a public
work project costing at least $300,000.
Effective: July 1, 2026.
                Olthoff, Karickhoff
   January 5, 2026, read first time and referred to Committee on Employment, Labor and
Pensions.
2026  IN 1206—LS 6783/DI 137
                                                                                       Introduced
            Second Regular Session of the 124th General Assembly (2026)
 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 this style type.
   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 this style type reconciles conflicts
 between statutes enacted by the 2025 Regular Session of the General Assembly.
                   HOUSE BILL No. 1206
    A BILL FOR AN ACT to amend the Indiana Code concerning local
 government.
     Be it enacted by the General Assembly of the State of Indiana:
1    SECTION 1. IC 36-1-12-4, AS AMENDED BY P.L.86-2025,
2 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2026]: Sec. 4. (a) This section applies whenever the cost of a
4 public work project will be at least three hundred thousand dollars
5 ($300,000).
6    (b) The board must comply with the following procedure:
7      (1) The board shall prepare general plans and specifications
8      describing the kind of public work required, but shall avoid
9      specifications which might unduly limit competition. If the
10      project involves the resurfacing (as defined by IC 8-14-2-1) of a
11      road, street, or bridge, the specifications must show how the
12      weight or volume of the materials will be accurately measured
13      and verified.
14      (2) The board shall file the plans and specifications in a place
15      reasonably accessible to the public, which shall be specified in the
16      notice required by subdivision (3).
17      (3) Upon the filing of the plans and specifications, the board shall
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1publish notice in accordance with IC 5-3-1 calling for sealed
2proposals for the public work needed. If the board receives
3electronic bids as set forth in subsection (d), the board shall also
4provide electronic access to the notice of the bid solicitation
5through the computer gateway administered under
6IC 4-13.1-2-2(a)(6) by the office of technology.
7(4) The notice must specify the place where the plans and
8specifications are on file and the date fixed for receiving bids.
9(5) The period of time between the date of the first publication
10and the date of receiving bids shall be governed by the size of the
11contemplated project in the discretion of the board. The period of
12time between the date of the first publication and receiving bids
13may not be more than:
14(A) six (6) weeks if the estimated cost of the public works
15project is less than twenty-five million dollars ($25,000,000);
16and
17(B) ten (10) weeks if the estimated cost of the public works
18project is at least twenty-five million dollars ($25,000,000).
19(6) The board shall require the bidder to submit a financial
20statement, a statement of experience, a proposed plan or plans for
21performing the public work, and the equipment that the bidder has
22available for the performance of the public work. The statement
23shall be submitted on forms prescribed by the state board of
24accounts.
25(7) The board may not require a bidder to submit a bid before the
26meeting at which bids are to be received. The meeting for
27receiving bids must be open to the public. All bids received shall
28be opened publicly and read aloud at the time and place
29designated and not before. Notwithstanding any other law, bids
30may be opened after the time designated if both of the following
31apply:
32(A) The board makes a written determination that it is in the
33best interest of the board to delay the opening.
34(B) The day, time, and place of the rescheduled opening are
35announced at the day, time, and place of the originally
36scheduled opening.
37(8) Except as provided in subsection (c), the board shall do one
38(1) of the following:
39(A) Award the contract for public work or improvements to the
40lowest responsible and responsive bidder. or A board may
41give consideration to the factors set forth in subsection (f)
42in determining the lowest responsible and responsive
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1bidder.
2(B) Reject all bids submitted.
3      (9) If the board awards the contract to a bidder other than the
4      lowest bidder, the board must state in the minutes or memoranda,
5      at the time the award is made, the factors used to determine which
6      bidder is the lowest responsible and responsive bidder and to
7      justify the award. The board shall keep a copy of the minutes or
8      memoranda available for public inspection.
9      (10) In determining whether a bidder is responsive, the board may
10      consider the following factors:
11(A) Whether the bidder has submitted a bid or quote that
12conforms in all material respects to the specifications.
13(B) Whether the bidder has submitted a bid that complies
14specifically with the invitation to bid and the instructions to
15bidders.
16(C) Whether the bidder has complied with all applicable
17statutes, ordinances, resolutions, or rules pertaining to the
18award of a public contract.
19      (11) In determining whether a bidder is a responsible bidder, the
20      board may consider the following factors:
21(A) The ability and capacity of the bidder to perform the work.
22(B) The integrity, character, and reputation of the bidder.
23(C) The competence and experience of the bidder.
24      (12) The board shall require the bidder to submit an affidavit:
25(A) that the bidder has not entered into a combination or
26agreement:
27(i) relative to the price to be bid by a person;
28(ii) to prevent a person from bidding; or
29(iii) to induce a person to refrain from bidding; and
30(B) that the bidder's bid is made without reference to any other
31bid.
32    (c) Notwithstanding subsection (b)(8), a county may award sand,
33 gravel, asphalt paving materials, or crushed stone contracts to more
34 than one (1) responsible and responsive bidder if the specifications
35 allow for bids to be based upon service to specific geographic areas and
36 the contracts are awarded by geographic area. The geographic areas do
37 not need to be described in the specifications.
38    (d) Notwithstanding subsection (b), a board may receive electronic
39 bids for the public work if:
40      (1) the solicitation for bids indicates the procedure for
41      transmitting the electronic bid to the board; and
42      (2) the board receives the bid on a facsimile machine or system
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1with a security feature that protects the content of an electronic
2bid with the same degree of protection as the content of a bid that
3is not transmitted by a facsimile machine.
4     (e) A board may select a vendor to provide an electronic platform
5 to accommodate the electronic bidding process.
6     (f) This subsection only applies to a bidder that a board
7 determines to be responsible and responsive. As used in this
8 subsection, "Indiana resident" means an individual whose primary
9 residence is located within Indiana for at least twelve (12)
10 consecutive months before the commencement of project work. In
11 determining the lowest responsible and responsive bidder under
12 subsection (b)(8), the board may give additional consideration to
13 a bidder that meets all of the following requirements:
14(1) The bid submitted by the bidder is not more than five
15percent (5%) greater than the lowest bid submitted by a
16bidder that does not meet the criteria in this subsection.
17(2) The board determines that awarding the contract to the
18bidder is in the best interest of the project and the community.
19(3) The bidder commits to employing Indiana residents for at
20least sixty percent (60%) of the total workforce on the project.
21(4) The bidder demonstrates all of the following:
22(A) Participation in a registered apprenticeship program
23recognized by the United States Department of Labor that
24is applicable to the work being performed.
25(B) Use of a workforce whose:
26(i) work eligibility status has been verified in accordance
27with IC 22-5-1.7; and
28(ii) E-Verify case verification numbers have been
29provided to the project owner.
30(C) Maintenance of a policy prohibiting the use of
31independent contractors on the project, ensuring all
32workers are:
33(i) properly classified as employees; and
34(ii) covered by appropriate insurance and tax
35withholdings.
36(D) Submission of certified payroll reports to the project
37owner verifying compliance with all applicable wage and
38labor standards.
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