Section 105IAC11-3-4. Bidding capacity

   (a) If the bidder's aggregate amount of work is greater than three hundred thousand dollars ($300,000), then the bidder's bidding capacity with the department on any given date will be determined by deducting the value of all unearned work as of that date on contracts and subcontracts for work of any owner, contractor, or other party from the aggregate rating and from the appropriate classified ratings that are stated on its certificate of qualification. If the bidder's aggregate amount is equal to or less than three hundred thousand dollars ($300,000), the bidder's bidding capacity with the department on any given date will be determined as the lesser of the value of all unearned work as of that date on:

(1) contracts for work of any owner or other party deducted from the aggregate rating and from the appropriate classified ratings that are stated on the bidder's certificate of qualification; or

(2) contracts and subcontracts for work of any owner, contractor, or other party deducted from three hundred thousand dollars ($300,000).

  (b) The value of work subcontracted on existing contracts of the department to an approved subcontractor will not be considered as unearned work of the bidder in determining the contractor's bidding capacity.

  (c) It shall be the responsibility of each qualified bidder to ensure that a bid submitted for a single contract does not exceed its bidding capacity on the date bids are opened. If the bidder does not limit the sum of its regular bids to the volume of work permitted by its bidding capacity, the department may selectively award low bids up to, but not exceeding, the bidder's bidding capacity.

  (d) The bidder must show, on the form provided in each proposal bid, the total and type of all unearned work:

(1) under contract with any owner, contractor, or other party either as principal or subcontractor, based on the latest engineer's or owner's estimate, with proper allowance for work subsequently performed; and

(2) under the department's approved subcontracts sublet to an approved subcontractor.

  (e) The commitment of personnel and equipment on a payroll or rental basis for the performance of definite and specific work must be reported as unearned work even though no formal contract may exist. (Indiana Department of Transportation; 105 IAC 11-3-4; filed Jul 25, 1991, 3:30 p.m.: 14 IR 2192; filed Jun 14, 1993, 5:30 p.m.: 16 IR 2539; readopted filed Nov 7, 2001, 3:20 p.m.: 25 IR 899; filed May 23, 2007, 2:58 p.m.: 20070620-IR-105070036FRA; readopted filed Oct 2, 2013, 11:39 a.m.: 20131030-IR-105130295RFA)