CHAPTER 8. STEEL PROCUREMENT FOR PUBLIC WORKS
IC 5-16-8
Chapter 8. Steel Procurement for Public Works
IC 5-16-8-1
Definitions
Sec. 1. (a) The definitions in this section apply throughout this
chapter.
(b) "Foundry products" means products cast from ferrous and
nonferrous metals by foundries in the United States.
(c) "Person" means a natural person, corporation, limited liability
company, partnership, or other business unit or association.
(d) "Public agency" means:
(1) the state of Indiana;
(2) a department, agency, board, commission, or institution of
the state of Indiana; or
(3) a county, city, township, school or conservancy district, or
other governmental unit or district;
that receives public bids for construction or other public works under
Indiana law.
(e) "Steel products" means products rolled, formed, shaped,
drawn, extruded, forged, cast, fabricated, or otherwise similarly
processed, or processed by a combination of two (2) or more of such
operations, from steel made in the United States by the open hearth,
basic oxygen, electric furnace, Bessemer, or other steel making
process.
(f) "United States" refers to the United States of America. The
term includes all territory, continental or insular, subject to the
jurisdiction of the United States.
As added by Acts 1978, P.L.27, SEC.1. Amended by P.L.8-1993,
SEC.66; P.L.6-2007, SEC.1; P.L.3-2008, SEC.30.
IC 5-16-8-2
Public agency contract provisions; rules for determining
reasonable pricing
Sec. 2. (a) Each public agency shall require that every contract for
the construction, reconstruction, alteration, repair, improvement or
maintenance of public works contain a provision that, if any steel or
foundry products are to be used or supplied in the performance of the
contract or subcontract, only steel or foundry products made in the
United States shall be used or supplied in the performance of the
contract or any of the subcontracts unless the head of the public
agency determines, in writing, that the cost of steel or foundry
products is considered to be unreasonable.
(b) The head of each public agency shall issue rules which
provide that, for purposes of subsection (a), the bid or offered price
of any steel or foundry products of domestic origin is not considered
unreasonable if the price does not exceed the sum of:
(1) the bid or offered price of like steel or foundry products of
foreign origin (including any applicable duty); plus
(2) a differential of fifteen percent (15%) of the bid or offered
price of the steel or foundry products of foreign origin.
However, the fifteen percent (15%) differential provided by
subdivision (2) may be increased to twenty-five percent (25%), if the
head of the public agency determines that use of steel or foundry
products of domestic origin would benefit the local or state economy
through improved job security and employment opportunity.
Whenever the head of a public agency determines that the
differential should be increased above fifteen percent (15%) for a
particular project, the head of the agency shall file a report with the
governor and the legislative services agency detailing the reasons for
such determination and the probable impact on the economy of the
use of domestic steel or foundry castings in the project. A report filed
under this subsection with the legislative services agency must be in
an electronic format under IC 5-14-6.
As added by Acts 1978, P.L.27, SEC.1. Amended by Acts 1981,
P.L.59, SEC.1; P.L.28-2004, SEC.59; P.L.6-2007, SEC.2.
IC 5-16-8-3
Payment contingent upon compliance; recovery of payments made
upon noncomplying contracts
Sec. 3. A public agency may not authorize or make any payments
to a person under a contract containing the provision required by
section 2 of this chapter unless the public agency is satisfied that
such person has fully complied with that provision. Payments made
to a person by a public agency which should not have been made as
a result of this section shall be recoverable directly from the
contractor or subcontractor who did not comply with section 2 of this
chapter by the attorney general upon suit filed in the circuit court of
the county in which the contract was executed or performed.
As added by Acts 1978, P.L.27, SEC.1.
IC 5-16-8-4
Nonapplicability to steel products in insufficient supply
Sec. 4. This chapter does not apply if the head of the public
agency determines, in writing, that steel or foundry products are not
produced in the United States in sufficient quantities to meet the
requirements of the contract.
As added by Acts 1978, P.L.27, SEC.1. Amended by P.L.6-2007,
SEC.3.
IC 5-16-8-5
Purpose and construction of chapter
Sec. 5. This chapter is designed to promote the general welfare of
the people of this state and is supplemental to all laws concerning
public works and shall be liberally construed to fully effectuate its
purposes.
As added by Acts 1978, P.L.27, SEC.1.