Sec. 25. (a) An applicant must possess the qualifications required under this chapter and the entity must determine that the applicant is a competent and responsible bidder before the entity may issue the applicant a certificate of qualification.

     (b) In making a determination under this section, an entity may consider only the following areas:

Terms Used In Indiana Code 36-1-9.5-25

  • applicant: means a contractor or the subcontractor who seeks to do business with an entity. See Indiana Code 36-1-9.5-3
  • bidder: means an individual, a partnership, a firm, a limited liability company, a corporation, or other person submitting a bid for advertised work. See Indiana Code 36-1-9.5-7
  • certificate of qualification: means the official document that qualifies a contractor to bid on contracts of an entity that require prequalification under this chapter. See Indiana Code 36-1-9.5-8
  • contractor: means an individual, a partnership, a firm, a limited liability company, a corporation, or other person contracting with or desiring to contract with an entity for performance of prescribed work. See Indiana Code 36-1-9.5-10
  • entity: means the following:

    Indiana Code 36-1-9.5-11

(1) The contractor‘s organization and personnel.

(2) The contractor’s work experience and prosecution of work on previous contracts.

(3) The condition and adequacy of the contractor’s equipment.

(4) The contractor’s financial condition and the quality of the financial information furnished by the contractor.

     (c) An entity may not arbitrarily or capriciously refuse to issue a certificate of qualification to an applicant.

As added by P.L.85-1991, SEC.3.

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