reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 10. Special Purchasing Methods › 5-22-10-16. Acquisition of Supplies Through Transfer From Federal Government

Sec. 16. (a) A purchasing agent may acquire supplies if the purchasing agent determines that the governmental body can obtain the transfer of the supplies from the federal government under IC 4-13-1.7 at a cost less than would be obtained from purchase of the supplies by soliciting for bids or proposals.
(b) A governmental body may not make a purchase under this section if title to the property will be transferred to the governmental body before a sufficient appropriation to pay the costs of the purchase is appropriated. However, if the supplies will be transferred to the governmental body upon conditional sale or under a lease, a lease with option to purchase, or a contract for the use of the supplies, the governmental body may make the purchase under this section if there are sufficient funds appropriated to pay the consideration required for one (1) year of the agreement.
(c) A purchasing agent who purchases or leases surplus federal materials shall, at the time of the purchase or lease, or immediately thereafter, give public notice in accordance with IC 5-3-1.
As added by P.L.49-1997, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 10. Special Purchasing Methods › 5-22-10-18. Special Purchase of Copyrighted Material

Sec. 18. A purchasing agent for a state purchasing agency may make a special purchase of copyrighted materials to be used, provided, or distributed by a state agency.
As added by P.L.22-1997, SEC.10.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 10. Special Purchasing Methods › 5-22-10-19. Purchase From Public Utility Following Independent Appraisal

Sec. 19. A purchasing agent may make a special purchase from a public utility if the purchase or lease price is a negotiated price that considers the results of an independent appraisal that the purchasing agency obtains and an independent appraisal that the public utility obtains.
As added by P.L.7-1998, SEC.4.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 10. Special Purchasing Methods › 5-22-10-20. Purchase of Petroleum Products by Aviation Commissioners, Airport Authority, or Port Authority

Sec. 20. (a) This section applies to the purchase of petroleum products by:
(1) a board of aviation commissioners under IC 8-22-2;
(2) an airport authority under IC 8-22-3; or
(3) a port authority organized under IC 8-10-5.
(b) A purchasing agent may make a special purchase of petroleum products if the petroleum products are for resale to the general public.
As added by P.L.7-1998, SEC.5. Amended by P.L.8-2013, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 11. Purchases From the Department of Correction › 5-22-11-1. Requirement to Purchase From the Department of Correction

Sec. 1. Subject to section 2 of this chapter, a governmental body shall purchase from the department of correction supplies and services produced or manufactured by the department under IC 11-10-6 as listed in the department's printed catalog unless the supplies and services cannot be furnished in a timely manner.
As added by P.L.49-1997, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 11. Purchases From the Department of Correction › 5-22-11-2. Specifications for Supplies and Services

Sec. 2. Supplies and services purchased under this chapter must:
(1) meet the specifications and needs of the purchasing governmental body; and
(2) be purchased at a fair market price.
As added by P.L.49-1997, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 11. Purchases From the Department of Correction › 5-22-11-3. Catalog

Sec. 3. The department of correction shall furnish each governmental body a catalog with the following information:
(1) Supplies and services available for sale.
(2) Prices of supplies and services available for sale.
As added by P.L.49-1997, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 12. Purchase of Rehabilitation Center Products › 5-22-12-1. Applicability of Chapter

Sec. 1. This chapter applies only to the following governmental bodies:
(1) A state institution (as defined in IC 12-7-2-184).
(2) A penal facility operated by the department of correction.
(3) A political subdivision.
As added by P.L.49-1997, SEC.1. Amended by P.L.143-2022, SEC.2.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 12. Purchase of Rehabilitation Center Products › 5-22-12-2. "Bureau" Defined

Sec. 2. As used in this chapter, "bureau" refers to the rehabilitation services bureau of the division of disability and rehabilitative services established under IC 12-12-1-1.
As added by P.L.49-1997, SEC.1. Amended by P.L.141-2006, SEC.8.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 12. Purchase of Rehabilitation Center Products › 5-22-12-3. "Rehabilitation Center" Defined

Sec. 3. As used in this chapter, "rehabilitation center" refers to the rehabilitation center established under IC 12-12-3-1.
As added by P.L.49-1997, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 12. Purchase of Rehabilitation Center Products › 5-22-12-4. Conditions for Purchases

Sec. 4. A governmental body shall purchase articles produced by the rehabilitation center under the same conditions as articles produced by the department of correction under IC 5-22-11, unless similar articles are produced by the governmental body.
As added by P.L.49-1997, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 12. Purchase of Rehabilitation Center Products › 5-22-12-6. Purchase of Articles Listed in Catalog

Sec. 6. (a) Whenever a governmental body needs an article listed in the catalog published under section 5 of this chapter, the governmental body:
(1) shall give the bureau a reasonable time to produce or supply the article; and
(2) except for an article produced by the department of correction, may not elsewhere:
(A) contract for;
(B) purchase; or
(C) pay a bill for;
an article described in the catalog unless the article cannot be furnished by the bureau.
(b) A governmental body may contract elsewhere for purchase of an article described in the catalog if the bureau gives a written statement that the bureau cannot furnish the article.
As added by P.L.49-1997, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 12. Purchase of Rehabilitation Center Products › 5-22-12-7. Specifications for Supplies

Sec. 7. Supplies purchased under this chapter must:
(1) meet the specifications and needs of the purchasing governmental body; and
(2) be purchased at a fair market price.
As added by P.L.49-1997, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 13. Purchases From Qualified Nonprofit Agencies for Persons With Severe Disabilities › 5-22-13-1. "Qualified Agency"

Sec. 1. As used in this chapter, "qualified agency" refers to a nonprofit agency for individuals with disabilities (as defined by IC 16-32-2-1(a)) that meets all of the following conditions:
(1) The agency is a nonprofit organization that is incorporated in Indiana.
(2) The agency complies with Indiana laws governing private nonprofit organizations.
(3) The agency complies with all the requirements of the United States Department of Labor.
(4) The agency meets the standards adopted by the secretary of family and social services.
(5) The agency makes reports under IC 16-32-2-7.
As added by P.L.49-1997, SEC.1. Amended by P.L.37-2018, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 13. Purchases From Qualified Nonprofit Agencies for Persons With Severe Disabilities › 5-22-13-2. Conditions for Purchases; Political Subdivisions

Sec. 2. (a) This section applies only to a governmental body that is a political subdivision.
(b) A governmental body may purchase supplies and services without advertising or calling for bids from a qualified agency under the same conditions as supplies produced by the department of correction are purchased under IC 5-22-11.
As added by P.L.49-1997, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 13. Purchases From Qualified Nonprofit Agencies for Persons With Severe Disabilities › 5-22-13-3. Conditions for Purchase; Governmental Bodies Other Than Political Subdivisions

Sec. 3. (a) This section applies to a governmental body not covered by section 2 of this chapter.
(b) A governmental body shall purchase supplies and services without advertising or calling for bids from a qualified agency under the same conditions as supplies produced by the department of correction are purchased under IC 5-22-11.
(c) Except as provided in subsection (d), before a purchasing agent issues a solicitation for supplies or services, the purchasing agent shall do either of the following:
(1) Obtain a written determination within seven (7) business days from:
(A) the committee; or
(B) a person designated by the committee;
that no qualified agency can provide the supplies or services.
(2) Certify that the supplies or services offered by a qualified agency cannot be obtained as required in section 5 of this chapter.
(d) If a purchasing agent issues a solicitation for a consolidated purchase of supplies or services, or both, the purchasing agent shall do either of the following:
(1) Require vendors to purchase:
(A) supplies;
(B) services; or
(C) both supplies and services;
from a catalog of a qualified agency kept by the committee.
(2) Establish scoring standards to ensure participation in the solicitation by a qualified agency.
As added by P.L.49-1997, SEC.1. Amended by P.L.46-2007, SEC.3.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 13. Purchases From Qualified Nonprofit Agencies for Persons With Severe Disabilities › 5-22-13-4. Apportionment of Purchases

Sec. 4. A governmental body may apportion purchases of supplies and services under this chapter on an equitable basis among the interested qualified agencies.
As added by P.L.49-1997, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 13. Purchases From Qualified Nonprofit Agencies for Persons With Severe Disabilities › 5-22-13-5. Supplies and Services Must Meet Specifications; Determination of Fair Market Price

Sec. 5. (a) Supplies and services purchased under this chapter must:
(1) meet the specifications and needs of the purchasing governmental body; and
(2) be purchased at a fair market price as described under subsection (b).
(b) A fair market price under this section must cover for the qualified agency the costs of raw materials, labor, overhead, and delivery cost. In determining the fair market price, the purchasing agent shall determine if the fair market price is within ten percent (10%) of the average price estimates or quotes using one (1) or more of the following:
(1) Available information from reliable market sources.
(2) A market survey from a person designated by the committee.
(3) Previous contract prices.
(4) The range of bids from the most recent solicitation, including a determination of:
(A) the median price of the bids;
(B) the average price of the bids; and
(C) any market conditions or specifications that have changed since the most recent solicitation.
As added by P.L.49-1997, SEC.1. Amended by P.L.46-2007, SEC.4; P.L.37-2018, SEC.2.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 13. Purchases From Qualified Nonprofit Agencies for Persons With Severe Disabilities › 5-22-13-6. Qualified Agency Withdrawal From Pilot Project; Award of Quantity Purchase Agreement for Products and Services; Conditions

Sec. 6. (a) This section applies to a qualified agency that:
(1) participates in or, before January 1, 2022, participated in a pilot project; and
(2) before the qualified agency's participation in the pilot project, had a QPA awarded by the department to sell supplies or services directly to governmental bodies that the qualified agency currently sells through the third party contractor under the pilot project.
(b) As used in this section, "department" refers to the Indiana department of administration created by IC 4-13-1-2.
(c) As used in this section, "pilot project" refers to a project established by the department through which a qualified agency sells supplies or services covered by this chapter to governmental bodies through a third party contractor that has been awarded a contract by the department under this article.
(d) As used in this section, "QPA" refers to a quantity purchase agreement.
(e) After a qualified agency withdraws from the pilot project, at the request of the qualified agency, the department shall award to the qualified agency a QPA for the same supplies or services that the qualified agency provided through the third party contractor. The department shall award a QPA to the qualified agency not later than thirty (30) days after the date of the qualified agency's request.
(f) The department shall award a QPA to the qualified agency:
(1) without requiring a new procurement under this article; and
(2) under the same terms and conditions, except for pricing, under which the qualified agency previously had a QPA with the department;
if the qualified agency agrees to provide the same supplies or services at a price less than the price provided for the supplies or services under the pilot project as of January 1 of the year the qualified agency withdraws from the pilot project.
(g) Section 5(b) of this chapter applies to the prices for the supplies and services of the QPA awarded under subsection (f).
(h) This section does not release a qualified agency from any contractual obligations that it might otherwise owe to the third party contractor.
As added by P.L.166-2022, SEC.2.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 13. Purchases From Qualified Nonprofit Agencies for Persons With Severe Disabilities › 5-22-13-7. Purchase of Supplies or Services Covered by Quantity Purchase Agreement Awarded to Qualified Agency

Sec. 7. (a) As used in this section, "department" refers to the Indiana department of administration created by IC 4-13-1-2.
(b) As used in this section, "QPA" refers to a quantity purchase agreement awarded by the department.
(c) If a state agency wants to purchase supplies or services that are covered by a QPA awarded to a qualified agency, the state agency must purchase those supplies or services from the qualified agency under the QPA.
As added by P.L.166-2022, SEC.3.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 14. Small Business Set-Aside Purchases › 5-22-14-1. "Small Business"

Sec. 1. As used in this chapter, "small business" means a business that:
(1) is independently owned and operated;
(2) is not dominant in its field of operation; and
(3) satisfies the criteria in the rules adopted under section 3 of this chapter.
As added by P.L.49-1997, SEC.1. Amended by P.L.90-2013, SEC.1; P.L.15-2020, SEC.14.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 14. Small Business Set-Aside Purchases › 5-22-14-2. "Small Business Set-Aside"

Sec. 2. As used in this chapter, "small business set-aside" means a purchase in which the solicitation states that offers will be accepted only by small businesses.
As added by P.L.49-1997, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 14. Small Business Set-Aside Purchases › 5-22-14-3. Rules; Businesses That Are Not Small Businesses

Sec. 3. (a) A governmental body may adopt rules to implement this chapter. The Indiana department of administration shall adopt rules under IC 4-22-2 to implement this chapter.
(b) The rules adopted by a governmental body must establish criteria for determining qualifications as a small business. In establishing criteria, the rules may use any standards established for determination of small business status that are used by an agency of the federal government. A governmental body may also receive assistance from the Indiana economic development corporation to establish criteria or to implement the rules.
(c) The rules adopted by a governmental body may consider the number of employees employed by an offeror and the dollar volume of the offeror's business. The rules must provide that when computing the size of an offeror, the annual sales and receipts of the offeror and all of its affiliates must be included.
(d) The rules adopted by a governmental body must include the following criteria:
(1) A wholesale business is not a small business if its annual sales for its most recently completed fiscal year exceed four million dollars ($4,000,000).
(2) A construction business is not a small business if its average annual receipts for the preceding three (3) fiscal years exceed four million dollars ($4,000,000).
(3) A retail business or business selling services is not a small business if its annual sales and receipts exceed five hundred thousand dollars ($500,000).
(4) A manufacturing business, defined as a business that processes raw materials or parts into finished goods, is not a small business if it employs more than one hundred (100) persons or its annual sales for its most recently completed fiscal year exceed four million dollars ($4,000,000).
(5) A business in any of the following sectors is not a small business if it employs more than one hundred (100) persons or if its annual sales exceed five million dollars ($5,000,000):
(A) Information technology.
(B) Life sciences.
(C) Transportation.
(D) Logistics.
As added by P.L.49-1997, SEC.1. Amended by P.L.4-2005, SEC.31; P.L.160-2006, SEC.10; P.L.50-2022, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 14. Small Business Set-Aside Purchases › 5-22-14-4. Identification of Supplies; Designation as Small Business; Notice

Sec. 4. (a) A governmental body that has adopted rules under this chapter may identify as a small business set-aside specific supplies for which purchase has been requested under this article.
(b) A small business designation must be made before the solicitation for the purchase is issued and the public notice of the purchase must state that the purchase is a small business set-aside.
As added by P.L.49-1997, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 14. Small Business Set-Aside Purchases › 5-22-14-5. Reasonable Expectation of Two Offers

Sec. 5. A governmental body may not designate a purchase as a small business set-aside unless there is a reasonable expectation that offers will be obtained from at least two (2) small businesses capable of furnishing the desired supplies or service at a fair and reasonable price.
As added by P.L.49-1997, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 14. Small Business Set-Aside Purchases › 5-22-14-6. Solicitation Confined to Small Businesses

Sec. 6. If a purchase is designated as a small business set-aside, the solicitation must be confined to small businesses.
As added by P.L.49-1997, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 14. Small Business Set-Aside Purchases › 5-22-14-8. Acceptance of Offer Resulting in Unreasonable Price

Sec. 8. If the purchasing agent determines that acceptance of the lowest responsible and responsive offer will result in the payment of an unreasonable price, the purchasing agent shall reject all offers and may withdraw designation of the purchase as a small business set-aside.
As added by P.L.49-1997, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 14. Small Business Set-Aside Purchases › 5-22-14-9. Assistance From Indiana Economic Development Corporation

Sec. 9. The Indiana economic development corporation may assist a governmental body in doing any of the following:
(1) Compiling and maintaining a comprehensive list of small businesses.
(2) Assisting small businesses in complying with the procedures for bidding on governmental contracts.
(3) Examining requests from governmental bodies for the purchase of supplies to help determine which purchases are to be designated small business set-asides.
(4) Simplifying specifications and contract terms to increase the opportunities for small business participation in governmental contracts.
(5) Investigations by a governmental body to determine the responsibility of offerors on small business set-asides.
As added by P.L.49-1997, SEC.1. Amended by P.L.4-2005, SEC.32.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 14. Small Business Set-Aside Purchases › 5-22-14-10. Purchases Subject to Other Provisions and Rules; Conflict of Laws

Sec. 10. A purchase from a small business under this chapter is subject to:
(1) all other provisions of this article; and
(2) the rules of the governmental body.
If there is a conflict between the laws described in subdivisions (1) and (2) and this chapter, this chapter governs.
As added by P.L.49-1997, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 14. Small Business Set-Aside Purchases › 5-22-14-11. Repealed

As added by P.L.90-2013, SEC.3. Amended by P.L.2-2014, SEC.16; P.L.53-2014, SEC.68; P.L.113-2016, SEC.4. Repealed by P.L.15-2020, SEC.17.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 14. Small Business Set-Aside Purchases › 5-22-14-12. State Agency Report About Purchases of Goods, Supplies, or Services to Budget Committee

Sec. 12. Any state agency that purchases goods, supplies, or services for the state must report by October 1 of each year to the budget committee the amount of Indiana business and Indiana small business preferences granted in the agency's procurement of goods, supplies, or services for the state.
As added by P.L.50-2022, SEC.2.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 15. Purchasing Preferences › 5-22-15-1. Applicability of Chapter

Sec. 1. This chapter applies to the following:
(1) A purchase of supplies under this article by any of the following:
(A) A governmental body.
(B) A state educational institution.
(C) An instrumentality of the state that performs essential governmental functions on either a statewide or local basis.
(D) The state lottery commission created by IC 4-30-3-1.
(2) A purchase made under IC 5-17-1.
As added by P.L.49-1997, SEC.1. Amended by P.L.79-2008, SEC.1; P.L.133-2012, SEC.36.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 15. Purchasing Preferences › 5-22-15-3. "Adjusted Offer"

Sec. 3. As used in this chapter, "adjusted offer" means the offer price of an offeror for preferred supplies as determined under section 10 of this chapter.
As added by P.L.49-1997, SEC.1. Amended by P.L.79-2008, SEC.2; P.L.133-2012, SEC.37.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 15. Purchasing Preferences › 5-22-15-5. "Price Preference Percentage"

Sec. 5. As used in this chapter, "price preference percentage" means the percentage preference provided by this chapter for a specified kind or item of supplies.
As added by P.L.49-1997, SEC.1. Amended by P.L.79-2008, SEC.3; P.L.133-2012, SEC.38.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 15. Purchasing Preferences › 5-22-15-6. "Total Adjusted Offer"

Sec. 6. As used in this chapter, "total adjusted offer" means the sum of the offers and adjusted offers of an offeror for each item of supplies.
As added by P.L.49-1997, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 15. Purchasing Preferences › 5-22-15-7. Allowable Preferences; Limitations

Sec. 7. (a) An offeror may claim one (1) of the following types of preference for which the offeror is eligible:
(1) An Indiana business preference under rules adopted under section 20 of this chapter or IC 4-13.6-6-2.5.
(2) A preference for supplies as provided by sections 16, 18, 19, and 24 of this chapter.
(3) An Indiana small business preference as provided by section 23 of this chapter.
(4) An Indiana farm product preference as provided by section 23.5 of this chapter.
(b) An offeror may not claim more than one (1) preference as provided by sections 16, 18, 19, and 24 of this chapter for a given supply item.
(c) This section does not:
(1) apply to; or
(2) limit;
action of the Indiana department of administration under rules adopted under section 21 of this chapter.
As added by P.L.49-1997, SEC.1. Amended by P.L.153-1999, SEC.2; P.L.209-2001, SEC.1; P.L.122-2011, SEC.2.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 15. Purchasing Preferences › 5-22-15-8. Offer Must Indicate Preferred Supply or Service

Sec. 8. An offeror who wants to claim a preference provided under this chapter for a given supply item must indicate in the offer what supply item in the offer is a preferred supply.
As added by P.L.49-1997, SEC.1. Amended by P.L.79-2008, SEC.4; P.L.133-2012, SEC.39.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 15. Purchasing Preferences › 5-22-15-9. Certification That Supply Meets Required Qualifications

Sec. 9. A purchasing agent may require an offeror who claims a preference for a given supply item under section 8 of this chapter to certify that the supply offered meets the qualifications set for preferred supplies under this chapter.
As added by P.L.49-1997, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 15. Purchasing Preferences › 5-22-15-10. Computation of Adjusted Offer; Formula

Sec. 10. (a) This section does not apply to an absolute preference.
(b) If an offeror offers a preferred supply for a given supply item, the purchasing agent shall compute an adjusted offer for that item according to the following formula:
STEP ONE: Determine the price preference percentage for the supply item under this chapter.
STEP TWO: Multiply the offeror's offer for the supply item by the percentage determined under STEP ONE.
STEP THREE: Subtract the number determined under STEP TWO from the offeror's offer for the supply item.
As added by P.L.49-1997, SEC.1. Amended by P.L.79-2008, SEC.5; P.L.133-2012, SEC.40.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 15. Purchasing Preferences › 5-22-15-11. Award to Offeror With Lowest Total Adjusted Offer

Sec. 11. Notwithstanding any statute requiring the award of a contract to the lowest offeror, but subject to section 12 of this chapter, a purchasing agent shall award a contract to the offeror whose total adjusted offer is lower than the total adjusted offer of each other offeror.
As added by P.L.49-1997, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 15. Purchasing Preferences › 5-22-15-12. Award of Contract; Requirements

Sec. 12. Award of a contract under section 11 of this chapter is subject to the following:
(1) A requirement of an applicable statute to award a contract to a responsible and responsive bidder.
(2) A requirement of an applicable statute to award a contract:
(A) to the best bidder; or
(B) in the case of a purchase under IC 5-22-9, to the offeror whose offer is most advantageous to the governmental body.
(3) The authority of the purchasing agent under IC 5-22-17-12 to award contracts separately or for a combination of a line or class of supplies.
As added by P.L.49-1997, SEC.1. Amended by P.L.7-1998, SEC.6.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 15. Purchasing Preferences › 5-22-15-13. Contracts Awarded Separately; Combination of Line or Class of Supplies

Sec. 13. If a purchasing agent awards contracts separately, or for a combination of a line or class of supplies under an applicable law, the purchasing agent shall compute total adjusted offers and award contracts as if each combination of lines or classes of supplies to be awarded a contract had been solicited separately.
As added by P.L.49-1997, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 15. Purchasing Preferences › 5-22-15-16. Price Preference for Supplies That Contain Recycled or Post-Consumer Materials

Sec. 16. (a) This section does not apply when the purchase description is limited to a supply that meets the description set forth in subsection (b).
(b) There is a price preference for supplies that contain recycled materials or post-consumer materials.
(c) The amount of the price preference and the recycled materials' composition of the supplies must be set by one (1) of the following:
(1) Rules adopted by the governmental body.
(2) Policies established by the purchasing agency.
(3) The solicitation.
The preference shall be set to maximize the use of recycled materials when economically practical.
(d) A price preference set under subsection (c) may not be less than ten percent (10%) or exceed fifteen percent (15%).
As added by P.L.49-1997, SEC.1. Amended by P.L.153-1999, SEC.3.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 15. Purchasing Preferences › 5-22-15-18. Price Preference for Soybean Oil Based Ink

Sec. 18. (a) Notwithstanding section 1 of this chapter, this section does not apply to a purchase of supplies by any of the following:
(1) A political subdivision.
(2) A state educational institution.
(b) This section does not apply when the purchase description is limited to soybean oil based ink.
(c) There is a price preference of ten percent (10%) for soybean oil based ink.
As added by P.L.49-1997, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 15. Purchasing Preferences › 5-22-15-19. Price Preference for Soy Diesel/bio Diesel

Sec. 19. (a) This section does not apply when the purchase description is limited to a fuel of which at least twenty percent (20%) by volume is soy diesel/bio diesel.
(b) As used in this section, "soy diesel/bio diesel" includes fuels (other than alcohol) that are primarily esters derived from biological materials, including oilseeds and animal fats, for use in compression and ignition engines.
(c) There is a price preference of ten percent (10%) for soy diesel/bio diesel.
(d) The price preference under this section applies to a purchase of fuel of which at least twenty percent (20%) by volume is soy diesel/bio diesel.
As added by P.L.49-1997, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 15. Purchasing Preferences › 5-22-15-20. Preferences to Indiana Businesses; Rules

Sec. 20. (a) This section does not apply to the state lottery commission created by IC 4-30-3-1.
(b) As used in this section, "out-of-state business" refers to a business that is not an Indiana business.
(c) A governmental body may adopt rules to give a preference to an Indiana business that submits an offer for a purchase under this article if all of the following apply:
(1) An out-of-state business submits an offer for the purchase.
(2) The out-of-state business is a business from a state that gives purchase preferences unfavorable to Indiana businesses.
(d) Rules adopted under subsection (c) must establish criteria for determining the following:
(1) Whether an offeror qualifies as an Indiana business under the rules.
(2) When another state's preference is unfavorable to Indiana businesses.
(3) The method by which the preference for Indiana businesses is to be computed.
(e) Rules adopted under subsection (c) may not give a preference to an Indiana business that is more favorable to the Indiana business than the other state's preference is to the other state's businesses.
(f) Rules adopted under subsection (c) must provide that a contract shall be awarded to the lowest responsive and responsible offeror, regardless of the preference provided under this section, if:
(1) the offeror is an Indiana business; or
(2) the offeror is a business from a state bordering Indiana and the offeror's home state does not provide a preference to the home state's businesses more favorable than is provided by Indiana law to Indiana businesses.
As added by P.L.49-1997, SEC.1. Amended by P.L.66-2004, SEC.3.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 15. Purchasing Preferences › 5-22-15-21. Promotion of Purchase of Supplies Manufactured in the United States; Rules

Sec. 21. (a) This section does not apply to the state lottery commission created by IC 4-30-3-1.
(b) A governmental body shall adopt rules to promote the purchase of supplies manufactured in the United States.
(c) Rules adopted under subsection (b) shall provide that supplies manufactured in the United States shall be specified and purchased unless the governmental body determines that any of the following apply:
(1) The supplies are not manufactured in the United States in reasonably available quantities.
(2) The price of the supplies manufactured in the United States exceeds by an unreasonable amount the price of available and comparable supplies manufactured outside the United States.
(3) The quality of the supplies is substantially less than the quality of comparably priced available supplies manufactured outside the United States.
(4) The purchase of supplies manufactured in the United States is not in the public interest.
As added by P.L.49-1997, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 15. Purchasing Preferences › 5-22-15-22. Absolute Preference to Coal Mined in Indiana

Sec. 22. (a) This section does not apply to the state lottery commission created by IC 4-30-3-1.
(b) This section does not apply if federal law requires the use of low sulphur coal in the circumstances for which the coal is purchased.
(c) Whenever a purchasing agent purchases coal for use as fuel, the purchasing agent shall give an absolute preference to coal mined in Indiana.
As added by P.L.49-1997, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 15. Purchasing Preferences › 5-22-15-23. Price Preference for Supplies to Indiana Small Business and Veteran Owned Small Business

Sec. 23. (a) A governmental body shall give a fifteen percent (15%) preference for supplies to:
(1) an Indiana small business (as defined in IC 5-22-14-1); or
(2) a veteran owned small business (as defined in IC 4-13-16.5-1);
that submits an offer for purchase under this article.
(b) The governmental body may adopt rules to establish criteria to carry out this section.
As added by P.L.153-1999, SEC.4. Amended by P.L.15-2020, SEC.18.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 15. Purchasing Preferences › 5-22-15-23.5. Price Preference for Indiana Agricultural Products

Sec. 23.5. (a) A governmental body may give up to a ten percent (10%) price preference for agricultural products grown, produced, or processed in Indiana.
(b) A governmental body may adopt rules to establish criteria to carry out this section.
As added by P.L.122-2011, SEC.4.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 15. Purchasing Preferences › 5-22-15-24. Purchasing Agents for Government Entities to Give High Calcium Foods Preference

Sec. 24. (a) This section applies in addition to any requirements placed upon a governmental entity by the United States Department of Agriculture under the National School Lunch Program or the School Breakfast Program.
(b) This section applies to:
(1) a governmental entity listed in section 1 of this chapter; or
(2) a business that contracts with a governmental entity listed in section 1 of this chapter;
that purchases food or beverages to be processed and served in a building or room owned or operated by the governmental entity.
(c) High calcium foods and beverages are preferred supplies. A purchasing agent shall give a preference to foods and beverages that:
(1) contain a higher level of calcium than products of the same type and quality; and
(2) are equal in price to or lower in price than products of the same type and quality.
(d) Notwithstanding subsection (c), if the director of a state institution (as defined in IC 12-7-2-184) determines that a high calcium food or beverage that is preferred under subsection (c) would interfere with the proper treatment and care of a patient of the state institution, the purchasing agent for the state institution is not required to purchase the high calcium food or beverage for that patient.
As added by P.L.209-2001, SEC.2.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 15. Purchasing Preferences › 5-22-15-24.2. Forced Labor; Supplies Prohibition

Sec. 24.2. (a) As used in this section, "forced labor" has the meaning set forth in 19 U.S.C. 1307.
(b) If an offeror offers to furnish supplies made in a country other than the United States, a governmental body may not award a contract to the offeror for those supplies if the supplies were made using forced labor.
(c) A governmental body shall inform offerors in the solicitation of the provisions of this section.
As added by P.L.194-2001, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 15. Purchasing Preferences › 5-22-15-25. Steel Products

Sec. 25. (a) As used in this section, "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 such operations, by the open hearth, basic oxygen, electric furnace, Bessemer, or other steel making process.
(b) As used in this section, "United States" includes all territory, continental or insular, subject to the jurisdiction of the United States.
(c) Unless the head of the purchasing agency makes a written determination described in subsection (d), a solicitation must require that if any steel products are used in:
(1) the manufacture of the supplies required under the contract; or
(2) supplies used in the performance of the services under the contract by the contractor or a subcontractor of the contractor;
the steel products must be manufactured in the United States.
(d) Subsection (c) does not apply if the:
(1) head of the purchasing agency determines in writing that:
(A) the cost of the contract with the requirements of subsection (c) would be greater than one hundred fifteen percent (115%) of the cost of the contract without the requirements of subsection (c); and
(B) failure to impose the requirements of subsection (c) would not in any way:
(i) harm the business of a facility that manufactures steel products in Indiana; or
(ii) result in the reduction of employment or wages and benefits of employees of a facility described in item (i); or
(2) purchase is:
(A) less than ten thousand dollars ($10,000); and
(B) made under the small purchase policies (as described in IC 5-22-8-2(b)) established by the purchasing agency or under rules adopted by the governmental body.
(e) A purchasing agency shall inform offerors in the solicitation of the provisions of this section.
As added by P.L.194-2001, SEC.2.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 16. Qualifications and Duties of Offerors and Prospective Contractors › 5-22-16-1. Responsibility of Offeror; Determination

Sec. 1. (a) If a purchasing agent determines that an offeror is not responsible, that determination must be made in writing by the purchasing agent.
(b) If an offeror fails to provide information required by the purchasing agent concerning a determination of whether the offeror is responsible, that offeror may not be considered responsible under this article.
(c) Information furnished by an offeror under this section shall not be disclosed outside the purchasing agency without the offeror's prior written consent.
(d) In determining whether an offeror is responsible, a purchasing agent may consider the following factors:
(1) The ability and capacity of the offeror to provide the supplies or service.
(2) The integrity, character, and reputation of the offeror.
(3) The competency and experience of the offeror.
As added by P.L.49-1997, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 16. Qualifications and Duties of Offerors and Prospective Contractors › 5-22-16-2. Responsiveness of Offeror; Determination

Sec. 2. In determining whether an offeror is responsive, a purchasing agent may consider the following factors:
(1) Whether the offeror has submitted an offer that conforms in all material respects to the specifications.
(2) Whether the offeror has submitted an offer that complies specifically with the solicitation and the instructions to offerors.
(3) Whether the offeror has complied with all applicable statutes, ordinances, resolutions, or rules pertaining to the award of a public contract.
As added by P.L.49-1997, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 16. Qualifications and Duties of Offerors and Prospective Contractors › 5-22-16-3. Prequalified Contractors

Sec. 3. Prospective contractors may be prequalified for particular types of supplies. Solicitation mailing lists of potential contractors may include any or all of such prequalified persons.
As added by P.L.49-1997, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 16. Qualifications and Duties of Offerors and Prospective Contractors › 5-22-16-4. Registration With Secretary of State; Payment of Gross Retail Tax; Condition of Doing Business

Sec. 4. (a) An offeror that is a foreign corporation must be registered with the secretary of state to do business in Indiana in order to be considered responsible.
(b) This subsection applies to a purchase of tangible personal property for a state agency under a contract entered into or purchase order sent to an offeror (in the absence of a contract) after June 30, 2007, including a purchase described in IC 5-22-8-2 or IC 5-22-8-3. A state agency may not purchase tangible personal property from a person that is delinquent in the payment of amounts due from the person under IC 6-2.5 (gross retail and use tax) unless the person provides a statement from the department of state revenue that the person's delinquent tax liability:
(1) has been satisfied; or
(2) has been released under IC 6-8.1-8-2.
(c) The purchasing agent may award a contract to an offeror pending the offeror's registration with the secretary of state. If, in the judgment of the purchasing agent, the offeror has not registered within a reasonable period, the purchasing agent shall cancel the contract. An offeror has no cause of action based on the cancellation of a contract under this subsection.
As added by P.L.49-1997, SEC.1. Amended by P.L.254-2003, SEC.3; P.L.66-2004, SEC.5; P.L.246-2005, SEC.54; P.L.211-2007, SEC.4.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 16. Qualifications and Duties of Offerors and Prospective Contractors › 5-22-16-5. Evidence of Financial Responsibility

Sec. 5. (a) A purchasing agent may specify in a solicitation that an offeror must provide evidence of financial responsibility in order to be considered responsible. The evidence of financial responsibility may be a bond, certified check, or other evidence specified by the purchasing agent in the solicitation.
(b) An offeror must file evidence of financial responsibility in the amount, at the time, and as specified by the purchasing agent in the solicitation.
(c) If a bond or certified check is required as the evidence of financial responsibility, the amount of the bond or certified check may not be set at more than ten percent (10%) of the contract price. The bond, certified check, or other evidence of financial responsibility shall be made payable to the governmental body.
(d) This section does not preclude the use of a performance bond in addition to the bid bond, certified check, or other evidence of financial responsibility if the amount of the performance bond is stated in the solicitation.
(e) The check of an unsuccessful offeror shall be returned to the offeror by the purchasing agent upon selection of successful offerors. The check of a successful offeror shall be held until delivery or until completion of the contract.
As added by P.L.49-1997, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 16. Qualifications and Duties of Offerors and Prospective Contractors › 5-22-16-6. Noncollusion Affirmation

Sec. 6. (a) An offeror must file with the purchasing agent an affirmation, made under the penalties for perjury, that states in substance the following:
(1) The offeror has not entered into a combination or an agreement:
(A) relative to the price to be offered by a person;
(B) to prevent a person from making an offer; or
(C) to induce a person to refrain from making an offer.
(2) The offeror's offer is made without reference to any other offer.
(b) The purchasing agent may require the affirmation to be made in the contract documents.
(c) The purchasing agent shall reject an offer that the purchasing agent finds to be collusive.
(d) If after the purchasing agent has awarded the contract, the purchasing agent discovers that the successful offeror's affirmation was false, the purchasing agent shall declare the contract forfeited and award a new contract.
(e) A person convicted of perjury for filing a false affirmation under this section may not be a party to a contract under this article for three (3) years following the date of conviction.
As added by P.L.49-1997, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 16.5. Disqualification of Contractors Dealing With the Government of Iran › 5-22-16.5-1. Inapplicability of Statute Because of Ceasing Federal Authority

Sec. 1. This chapter does not apply if federal law ceases to authorize the states to adopt and enforce provisions relating to public contracting such as those in this chapter.
As added by P.L.21-2012, SEC.4.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 16.5. Disqualification of Contractors Dealing With the Government of Iran › 5-22-16.5-2. "Department"

Sec. 2. As used in this chapter, "department" refers to the Indiana department of administration created by IC 4-13-1-2.
As added by P.L.21-2012, SEC.4.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 16.5. Disqualification of Contractors Dealing With the Government of Iran › 5-22-16.5-3. "Energy Sector of Iran"

Sec. 3. As used in this chapter, "energy sector of Iran" includes any activity to develop petroleum or natural gas resources or nuclear power in Iran.
As added by P.L.21-2012, SEC.4.