Ind. Code ch. 8-23-9.5

Ind. Code ch. 8-23-9.5
in effect

Ind. Code § 8-23-9.5-0.1 Applicability

Sec. 0.1. It is the intent of the general assembly that this chapter applies only to a contract for the delivery of a project of the department. This chapter does not apply to a contract for the delivery of a project of a public agency (as defined in IC 5-30-1-11). As added by P.L.156-2026, SEC.4.

Ind. Code § 8-23-9.5-1 Contracts for delivery of certain projects; rules; liability

Sec. 1. (a) This chapter authorizes the department to enter into a contract for delivery of certain projects by a construction manager general contractor or a progressive design-builder. (b) The department may adopt rules under IC 4-22-2 to implement this chapter. (c) This chapter does not limit or eliminate the responsibility or liability imposed by Indiana law on a person providing services to the department under this chapter. As added by P.L.60-2023, SEC.2. Amended by P.L.93-2024, SEC.87.

Ind. Code § 8-23-9.5-2 "CMGC" or "construction manager general contractor"

Sec. 2. As used in this chapter, "CMGC" or "construction manager general contractor" means a person that is awarded a two-phase contract for a project and is responsible for providing: (1) preconstruction services under phase one; and (2) if a price agreement is reached, construction services under phase two; of the contract. As added by P.L.60-2023, SEC.2. Amended by P.L.9-2024, SEC.305.

Ind. Code § 8-23-9.5-3 "Construction services"

Sec. 3. As used in this chapter, "construction services" means the physical construction work undertaken by a CMGC or PDB to construct any portion of a project which may be awarded as a single contract for a project or multiple contracts for portions of a project. As added by P.L.60-2023, SEC.2.

Ind. Code § 8-23-9.5-4 "Design services"

Sec. 4. As used in this chapter, "design services" means services performed by a professional services consultant that is qualified by the department to provide services. As added by P.L.60-2023, SEC.2.

Ind. Code § 8-23-9.5-5 "Evaluation committee"

Sec. 5. As used in this chapter, "evaluation committee" refers to a group of individuals who are: (1) employed by the department; (2) responsible for evaluating proposals; and (3) responsible for choosing not more than three (3) proposals with the highest scores to be considered by the selection panel. As added by P.L.60-2023, SEC.2.

Ind. Code § 8-23-9.5-6 "GMP"

Sec. 6. As used in this chapter, "GMP" refers to the guaranteed maximum price for work established by a contract. As added by P.L.60-2023, SEC.2.

Ind. Code § 8-23-9.5-7 "Person"

Sec. 7. As used in this chapter, "person" means an individual, a firm, a partnership, a limited liability company, a joint venture, an association, a corporation, or another legal entity. As added by P.L.60-2023, SEC.2.

Ind. Code § 8-23-9.5-8 "Preconstruction services"

Sec. 8. As used in this chapter, "preconstruction services" means consulting to provide information regarding the impact of design on the construction services of a project, including: (1) scheduling; (2) work sequencing; (3) cost engineering; (4) constructability; (5) cost estimates; and (6) risk identification. As added by P.L.60-2023, SEC.2.

Ind. Code § 8-23-9.5-9 "Professional services consultant"

Sec. 9. As used in this chapter, "professional services consultant" means a person that performs: (1) program management; (2) construction management; (3) feasibility studies; (4) preliminary engineering; (5) design engineering; (6) surveying; (7) mapping; or (8) architectural services; for a project. As added by P.L.60-2023, SEC.2.

Ind. Code § 8-23-9.5-10 "PDB" or "progressive design-builder"

Sec. 10. As used in this chapter, "PDB" or "progressive design-builder" refers to a person that has been awarded a contract by the department in which design services, preconstruction services, and construction services of a project are procured from a person that is selected through a qualifications based selection process at the earliest feasible stage of the project. As added by P.L.60-2023, SEC.2.

Ind. Code § 8-23-9.5-11 "Project"

Sec. 11. (a) As used in this chapter, "project" means services provided using a two-phase contract with a CMGC or a PDB for preconstruction services and construction services to design, construct, alter, or repair: (1) a state highway; (2) a limited access facility (as defined in IC 8-23-1.1-27); (3) a public highway (as defined in IC 9-25-2-4); (4) a tollway; (5) a bridge; and (6) a passenger and freight railroad system. (b) The term does not include a passenger railroad system that is operated by a commuter transportation district created by IC 8-5-15. As added by P.L.60-2023, SEC.2. Amended by P.L.145-2026, SEC.38.

Ind. Code § 8-23-9.5-12 "Proposal"

Sec. 12. As used in this chapter, "proposal" means an offer by a CMGC or PDB to enter into a contract with the department in response to a request for proposals by the department under section 16 of this chapter. As added by P.L.60-2023, SEC.2.

Ind. Code § 8-23-9.5-13 "Selection panel"

Sec. 13. As used in this chapter, "selection panel" means a panel of individuals who are: (1) employed by the department; and (2) tasked with interviewing and scoring the three (3) proposals with the highest scores selected by the evaluation committee for a possible contract with the department under this chapter. As added by P.L.60-2023, SEC.2.

Ind. Code § 8-23-9.5-14 "Request for proposals"

Sec. 14. As used in this chapter, "request for proposals" refers to the process by which the department solicits persons to provide services as a CMGC or PDB under this chapter. As added by P.L.60-2023, SEC.2.

Ind. Code § 8-23-9.5-15 Answering requests for proposals; eligibility

Sec. 15. A person may submit a proposal to answer a request for proposals to provide services as a CMGC or a PDB to the department for a project if the person is qualified by the department in compliance with IC 8-23-10. As added by P.L.60-2023, SEC.2.

Ind. Code § 8-23-9.5-16 Requests for proposals for services by CMGC or PDB

Sec. 16. (a) The department shall issue a request for proposals to enter into a contract for services by a CMGC or a PDB for a project under this chapter. (b) A request for proposals must include the following: (1) A description of the project. (2) An estimate of the cost of the project. (3) A description of the scope of services that the department expects the CMGC or the PDB to perform. (4) A list of required deliverables. (5) The dates on which it is anticipated that each phase of the project will begin and end. (6) A reference sample contract form. (7) The date by which a proposal must be submitted to the department. (8) The basis for evaluating a proposal, including a description of the selection criteria with the weight assigned to each criteria. (9) If a GMP is described, information regarding how the GMP is calculated for the project. (10) The reasons a contract may be terminated. (11) Any other instructions, documents, or information relevant to the project that the department considers relevant to evaluate the submitted proposals. (c) A person that submits a proposal under this section must identify each person with which the person proposes to enter into subcontracts for design services or preconstruction services, if known at the time the person submits the proposal. The department may determine requirements for subcontracts under this subsection. (d) The department may require clarification from a person that submits a proposal to ensure the proposal conforms to the request for proposals. (e) The department may reject a proposal. As added by P.L.60-2023, SEC.2.

Ind. Code § 8-23-9.5-17 Evaluation committee; selection panel

Sec. 17. (a) Before entering into a contract under this chapter, the department must appoint an evaluation committee. (b) The evaluation committee shall rank the proposals submitted to the department by assigning a score to each proposal based on the evaluation criteria specified in the request for proposals. The three (3) persons that submit the proposals with the highest scores given by the evaluation committee must be interviewed and scored by a selection panel established under this section. (c) The department shall appoint a selection panel to interview and score the three (3) persons that submit the proposals with the highest scores chosen by the evaluation committee under subsection (b). (d) After conducting the interviews required under subsection (c), the selection panel shall score the three (3) proposals using the submitted proposals and information learned during the interview process. (e) The selection panel shall provide a written comprehensive score for each proposal under subsection (d) and submit a recommendation for an award to the commissioner. The commissioner shall make the final selection of the CMGC or PDB. (f) A person selected to perform work for a project under this chapter may not delegate or subcontract preconstruction services, design services, or construction services under a contract to a member of the evaluation committee or the selection panel. (g) A meeting of a selection panel convened for the purpose of interviewing a person that submits a proposal under this chapter is not open to the public. As added by P.L.60-2023, SEC.2.

Ind. Code § 8-23-9.5-18 Negotiations; limit of five projects per year

Sec. 18. (a) Upon approval of the final scoring of the CMGCs or the PDBs by the commissioner, the department shall enter into negotiations with the CMGC or PDB with the highest score as determined under section 17 of this chapter for a contract. (b) If the department is unable to negotiate a contract with the person with the highest score for an amount of compensation that the department and the person determine to be fair and reasonable, the department shall terminate negotiations with that person. The department or its authorized representative may then undertake negotiations with the person with the next highest score and continue in this manner until an agreement is reached or until a determination is made by the department to reject all proposals submitted under this chapter. (c) If the department does not receive at least two (2) proposals, the department may not enter into a contract under this chapter. (d) The department may only enter into a contract for services under this chapter for not more than five (5) projects each calendar year. As added by P.L.60-2023, SEC.2. Amended by P.L.156-2026, SEC.5.

Ind. Code § 8-23-9.5-19 Conditional contracts

Sec. 19. A contract may be conditional upon subsequent refinements in scope and price and may permit the department to make changes to the scope of the project without invalidating the contract. As added by P.L.60-2023, SEC.2.

Ind. Code § 8-23-9.5-20 Replacing subcontractors

Sec. 20. (a) A CMGC or PDB may not replace a person identified as a person with which the CMGC or PDB proposes to enter into a subcontract for services under a contract without: (1) the approval of the department; and (2) a written determination by the department that a legitimate reason exists for the replacement. (b) If a CMGC or a PDB violates subsection (a), the department may cancel the award of or may terminate the contract. As added by P.L.60-2023, SEC.2.

Ind. Code § 8-23-9.5-21 Plans and specifications

Sec. 21. The department or a PDB selected under section 18 of this chapter shall develop plans and specifications to: (1) advertise a proposal for a project under this chapter; and (2) accept bids in accordance with IC 8-23-9 and IC 8-23-10. As added by P.L.60-2023, SEC.2.

Ind. Code § 8-23-9.5-22 Cost estimates; mutually acceptable contract terms

Sec. 22. (a) The department and a CMGC or PDB selected under section 18 of this chapter shall independently perform estimates of the cost of construction services. (b) The department and the CMGC or PDB shall endeavor to negotiate mutually acceptable contract terms for construction services. (c) If the department is unable to negotiate mutually acceptable contract terms as described in subsection (b), the department may: (1) advertise the proposal for the project; (2) accept additional bids; and (3) award a contract for construction services; in accordance with IC 8-23-9 and IC 8-23-10. As added by P.L.60-2023, SEC.2.

Ind. Code § 8-23-9.5-23 Terminating contracts

Sec. 23. The department, a CMGC, or a PDB may terminate a contract as follows: (1) For a contract with a CMGC: (A) at any time under phase one; or (B) in accordance with the provisions provided in the request for proposals under phase two; of the contract. (2) For a contract with a PDB, in accordance with the provisions provided in the request for proposals. As added by P.L.60-2023, SEC.2. Amended by P.L.9-2024, SEC.306.

Ind. Code § 8-23-9.5-24 Negotiations with another CMGC or PDB; terminating projects

Sec. 24. The department may proceed to negotiate a contract under this chapter with another CMGC or PDB, or terminate a project if any of the following occur: (1) A contract is terminated under section 23 of this chapter. (2) The department and the selected CMGC or PDB are unable to reach agreement on a contract. (3) The CMGC or PDB selected under section 18 of this chapter does not provide the required bonds as described in the request for proposals. As added by P.L.60-2023, SEC.2.

Ind. Code § 8-23-9.5-25 Department requirements

Sec. 25. The department shall do the following: (1) Publish, on the department's website, the final scoring of each proposal submitted to the department for the project as determined by the evaluation committee and the selection committee. (2) Provide, upon the request of a person that submitted a proposal, an explanation of the reasons the person was not chosen by an evaluation committee or a selection panel. As added by P.L.60-2023, SEC.2.

Ind. Code § 8-23-9.5-26 Payment and performance bonds

Sec. 26. (a) A contract with the department entered into under this chapter must require the selected CMGC or PDB to provide payment and performance bonds in an amount not less than the estimated cost of: (1) the project; or (2) the GMP, as described in the request for proposals. (b) Construction services may not be performed until the CMGC or the PDB has provided the bonds as required under subsection (a). (c) A performance or payment bond is not required for, and does not provide coverage for, a part of a contract that includes only design services. (d) This section does not impair the ability of the department to seek recovery under a contract from the selected CMGC or PDB for errors, omissions, or defects in design services. As added by P.L.60-2023, SEC.2.

Ind. Code § 8-23-9.5-27 Class C infraction; disqualification

Sec. 27. It is a Class C infraction for a person that submits a proposal under this chapter to make a false statement regarding the financial worth of the person in a proposal or other written instrument filed by the person with the department under this chapter or rules adopted under this chapter. A person that violates this section is disqualified from submitting bids on contracts advertised for letting by the department for a period of two (2) years following the date of conviction. As added by P.L.60-2023, SEC.2.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/8Fetched: 10/17/2026

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