For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AFFILIATE. A parent, descendant, spouse, spouse of a descendant, brother, sister, spouse of a brother or sister, employee, director, officer, partner, limited liability company manager or member, joint venturer, a corporation subject to common control with the architect, engineer or construction manager, a shareholder or corporation who controls the architect, engineer or construction manager, or a corporation controlled by the architect, engineer or construction manager.
ARCHITECT. The person registered under I.C. 25-4-1.
BOARD. The board or officer of a political subdivision or an agency having the power to award contracts for public work.
CONSTRUCTION MANAGER. A person designated as a construction manager by contract who provides professional management services, which contribute to the control of time and the cost and quality of a public construction project, and who performs those services concurrent with architectural and engineering services rendered during the design and construction phases of a construction project.
CONTRACTOR. A person who has a contract with a governmental body.
E-VERIFY PROGRAM. The electronic verification of work authorization program of the Illegal Immigration Reform and Immigration Responsibility Act of 1996 (P.L. 104-208), Division C, Title IV, § 403(a), as amended, operated by the United States Department of Homeland Security or a successor work authorization program designated by the United States Department of Homeland Security or other federal agency authorized to verify the work authorization status of newly hired employees under the Immigration Reform and Control Act of 1986 (P.L. 99-603).
ENGINEER. The person registered under I.C. 25-31-1.
EXECUTIVE BRANCH. The department of state government provided in Articles 5 and 6 of the Constitution of the State of Indiana.
FISCAL BODY. The meaning set forth in I.C. 36-1-2-6.
GOVERNMENTAL BODY. An agency, a board, a branch, a bureau, a commission, a council, a department, an institution, an office or another establishment of any of the following:
(1) The executive branch;
(2) The judicial branch;
(3) The legislative branch; or
(4) A political subdivision.
INTERNET PURCHASING SITE. An open and interactive electronic environment that is designed to facilitate the purchase of supplies by means of the internet. The term includes an INTERNET PURCHASING SITE developed under I.C. 4-13-17.
INVITATION FOR BIDS. All documents, whether attached or incorporated by reference, used for soliciting bids.
OFFER. A response to a solicitation. The term includes a bid, proposal and quote.
OFFEROR. A person that submits an offer to a governmental body.
PERSON. Includes an association, a business, a committee, a corporation, a fiduciary, an individual, a joint stock company, a joint venture, a limited liability company, a partnership, a sole proprietorship, a trust or another legal entity, organization or group of individuals.
POLITICAL SUBDIVISION. The meaning set forth in I.C. 36-1-2-13.
PROFESSIONAL SERVICES. Those services that are within the scope of practice specified by I.C. 25-4 for architecture, I.C. 25-31 for professional engineering or I.C. 25-21.5 for surveying; or performed by any licensed architect, professional engineer or professional surveyor in connection with the architect’s, engineer’s or surveyor’s professional employment or practice.
PUBLIC CONSTRUCTION PROJECT. The construction, remodeling, rehabilitation or repair of any building or other facility of a unit of local government, whether the building or facility is owned by the unit or leased by the unit with an option to purchase under I.C. 36-1-10 or any other law. However, PUBLIC CONSTRUCTION PROJECT does not mean highway or bridge construction.
PUBLIC FUNDS.
(1) Money:
(a) Derived from the revenue sources of the governmental body; and
(b) Deposited into the general or a special fund of the governmental body.
(2) The term does not include either of the following:
(a) Money received by a person under an authorized public-private agreement under I.C. 5-23; or
(b) Proceeds of bonds payable exclusively by a private entity
PUBLIC WORK. The construction, reconstruction, alteration or renovation of a public building, airport facility or other structure that is paid for out of a public fund or out of a special assessment. The term includes the construction, alteration; or repair of a highway, street, alley, bridge, sewer, drain or other improvement that is paid for out of a public fund or out of a special assessment. The term also includes any public work leased by a political subdivision under a lease containing an option to purchase. The term does not include work involved in an extension or installation of utility infrastructure described in I.C. 36-1-12-2.
PURCHASE. Includes buy, procure, rent, lease or otherwise acquire. The term includes the following activities:
(1) Description of requirements;
(2) Solicitation or selection of sources;
(3) Preparation and award of contract;
(4) All phases of contract administration; and
(5) All functions that pertain to purchasing.
PURCHASING AGENCY. A governmental body that is authorized to enter into contracts by this chapter, rules adopted under this chapter or by another law.
PURCHASING AGENT. An individual authorized by a purchasing agency to act as an agent for the purchasing agency in the administration of the duties of the purchasing agency.
REQUEST FOR PROPOSALS or RFP. All documents, whether attached or incorporated by reference, used for soliciting proposals.
SERVICES. The furnishing of labor, time or effort by a person, not involving the delivery of specific supplies other than printed documents or other items that are merely incidental to the required performance.
SOLICITATION. The procedure by which a governmental body invites persons to submit an offer to enter into a contract with the governmental body for the purchase or sale of supplies by the governmental body. The term includes an invitation for bids, a request for proposals and a request for quotes.
SPECIFICATIONS. A description of the physical characteristics, functional characteristics, extent or nature of any public work required by the Board.
SUBCONTRACTOR. A person who is a party to a contract with the contractor and furnishes and performs labor on the public work project. The term includes material men who supply contractors or subcontractors.
SUPPLIES. Any property. The term includes equipment, goods and materials. The term does not include an interest in real property.
UNIT OF LOCAL GOVERNMENT. Includes any county, city, town, township and any other political subdivision, commission or agency created under law. However, the term does not include a school corporation or lessor corporation qualifying under I.C. 20-47-2 or I.C. 20-47-3.
(BC Ord. 2018-002, passed 3-5-2018)