reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 4. Purchasing Organizations › 5-22-4-8. Purchases by School; Purchasing Agents

Sec. 8. (a) As used in this section, "board" refers to either of the following:
(1) With respect to the Indiana School for the Blind and Visually Impaired, the board established by IC 20-21-3-1.
(2) With respect to the Indiana School for the Deaf, the board established by IC 20-22-3-1.
(b) As used in this section, "school" refers to either of the following:
(1) The Indiana School for the Blind and Visually Impaired established by IC 20-21-2-1.
(2) The Indiana School for the Deaf established by IC 20-22-2-1.
(c) As used in this section, "superintendent" refers to the chief executive officer of the school.
(d) Except as provided in subsection (f), the school is the purchasing agency for the school.
(e) Except as provided in subsection (f), the superintendent is the purchasing agent for the school for purchases with a value of not more than twenty-five thousand dollars ($25,000).
(f) The Indiana department of administration and the board shall develop and implement a written policy for purchases by the school with a value of more than twenty-five thousand dollars ($25,000).
As added by P.L.69-1999, SEC.2. Amended by P.L.1-2005, SEC.83; P.L.218-2005, SEC.3.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 5. Specifications › 5-22-5-1. Rules; Policies

Sec. 1. (a) A governmental body may adopt rules or establish policies for the preparation, maintenance, and content of specifications.
(b) Rules or policies may include a description of requirements for inspecting, testing, or preparing an item for delivery.
As added by P.L.49-1997, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 5. Specifications › 5-22-5-3. Purposes of Specifications

Sec. 3. A specification must do the following:
(1) Promote overall economy for the purposes intended.
(2) Encourage competition in satisfying the governmental body's needs.
As added by P.L.49-1997, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 5. Specifications › 5-22-5-5. Request for Specifications

Sec. 5. (a) The procedure described in this section may be used by a purchasing agent when both of the following are satisfied:
(1) The purchasing agent makes a written determination that the development of specifications by the governmental body is not feasible.
(2) The executive of the governmental body approves of the use of this section.
(b) The purchasing agent may issue a request for specifications that must include the following:
(1) The factors or criteria that will be used in evaluating the specifications.
(2) A statement concerning the relative importance of evaluation factors.
(3) A statement concerning whether discussions may be conducted with persons proposing specifications to clarify the specification requirements.
(c) The purchasing agent shall give notice of the request for specifications under IC 5-3-1.
(d) As provided in the request for specifications, the purchasing agent may discuss proposed specifications with persons proposing specifications to clarify specification requirements.
(e) Persons proposing specifications must be accorded fair and equal treatment with respect to any opportunity for discussion and revisions of proposed specifications.
As added by P.L.49-1997, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 5. Specifications › 5-22-5-6. Purchase of Degradable and Disposable Plastic Products

Sec. 6. (a) This section does not apply to a political subdivision.
(b) As used in this section, "biodegradation" means the conversion of all constituents of a plastic into miscellaneous component parts by the microbial action of fungi and bacteria upon natural materials such as cornstarch.
(c) As used in this section, "chemical degradation" means the conversion of all constituents of a plastic into miscellaneous component parts through the chemical reactions of additives such as auto-oxidants and the environment with the plastic.
(d) As used in this section, "degradable" means capable of being broken down by one (1) or more of the following degradation processes:
(1) Biodegradation.
(2) Photodegradation.
(3) Chemical degradation.
(e) As used in this section, "photodegradation" means the conversion of all constituents of a plastic product into miscellaneous component parts through the physical breakdown of the plastic product upon sufficient exposure to ultraviolet radiation.
(f) As used in this section, "plastic" includes a hybrid material containing plastic as a major component.
(g) As used in this section, "refuse bag" means a disposable plastic bag that is designed to hold garbage, grass clippings, fallen leaves, or other refuse. The term includes a disposable plastic bag that is designed to be placed inside and to catch the refuse deposited in a rigid refuse receptacle.
(h) When purchasing disposable plastic products, including refuse bags, a governmental body shall purchase disposable plastic products that are degradable if all the following apply:
(1) Degradable products are available at the time of the purchase.
(2) It is economically feasible to purchase degradable products.
(3) The purchase of degradable products is not inappropriate because of:
(A) federal regulations or policy in matters involving the federal government; or
(B) the special requirements of scientific uses.
(4) The degradable product to be purchased is economically and functionally the equivalent of disposable plastic products that:
(A) meet applicable specifications; and
(B) are not degradable.
(5) The degradable product to be purchased is, in the determination of the purchasing agent, a type of product for which the use of degradable materials is appropriate based upon:
(A) the functional use of the product; and
(B) whether the product will probably be recycled or disposed of in a final disposal facility.
As added by P.L.49-1997, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 5. Specifications › 5-22-5-7. Purchase of Recycled Paper Products

Sec. 7. (a) This section does not apply to a political subdivision.
(b) A governmental body purchasing paper products shall purchase recycled paper products if all of the following apply:
(1) Recycled paper products are available at the time of a purchase.
(2) It is economically feasible to purchase recycled paper products.
(3) The purchase of recycled paper products is not inappropriate because of:
(A) federal regulations or policy in matters involving the federal government; or
(B) the special requirements of scientific uses.
As added by P.L.49-1997, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 5. Specifications › 5-22-5-8. Purchase of Mid-Level Blend Fuel, E85, and Blended Biodiesel Fuel by Governmental Bodies; Exemptions

Sec. 8. (a) This section does not apply to a political subdivision, except a school corporation (as defined in IC 20-18-2-16(a)).
(b) As used in this section, "blended biodiesel" refers to a blend of biodiesel with petroleum diesel so that the percentage of biodiesel in the blend is at least two percent (2%) (B2 or greater). The term does not include biodiesel (B100).
(c) As used in this section, "diesel fueled vehicle" refers to a vehicle that is capable of using diesel to fuel its primary motor.
(d) As used in this section, "ethanol" means agriculturally derived ethyl alcohol.
(e) As used in this section, "E85" has the meaning set forth in IC 6-6-1.1-103.
(f) As used in this section, "gasoline fueled vehicle" refers to a vehicle that is capable of using gasoline to fuel its primary motor.
(g) As used in this section "mid-level blend fuel" means a fuel blend consisting of:
(1) at least twenty percent (20%) but not more than seventy-three percent (73%) ethanol; and
(2) gasoline as the balance.
(h) As used in this section, "vehicle" includes the following:
(1) An automobile.
(2) A truck.
(3) A tractor.
(i) Except as provided by subsections (k) and (l), a governmental body shall whenever possible purchase mid-level blend fuel or E85 to fuel the gasoline fueled vehicles owned or operated by the governmental body.
(j) Except as provided by subsections (k) and (l), a governmental body shall whenever possible purchase blended biodiesel fuel to fuel the diesel fueled vehicles owned or operated by the governmental body.
(k) The following vehicles are exempt from the requirements of subsections (i) and (j):
(1) A vehicle that is leased by the governmental body for thirty (30) days or less.
(2) A vehicle that:
(A) is primarily powered by an electric motor; or
(B) can use only propane, compressed or liquified natural gas, or methanol as its fuel source.
(l) The following vehicles are exempt from the requirements of subsection (i) or (j), whichever is appropriate:
(1) A gasoline fueled vehicle in which the use of mid-level blend fuel or E85 has not been approved by the manufacturer.
(2) A diesel fueled vehicle in which the use of blended biodiesel fuel has not been approved by the manufacturer.
(3) A gasoline fueled vehicle in which the use of mid-level blend fuel is prohibited by the federal Clean Air Act (42 U.S.C. 7401 et seq.).
As added by P.L.274-2001, SEC.1. Amended by P.L.6-2005, SEC.1; P.L.148-2009, SEC.1; P.L.190-2014, SEC.10.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 5. Specifications › 5-22-5-9. Purchases of Biobased Products

Sec. 9. (a) This section applies to a purchase of supplies by any of the following:
(1) A governmental body.
(2) A state educational institution.
(b) As used in this section, "biobased product" refers to an item designated by the United States Department of Agriculture as a biobased product for federal procurement under Section 9002 of the federal Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8102).
(c) A governmental body or a state educational institution shall, whenever possible, purchase biobased products if all of the following apply:
(1) Biobased products are available at the time of the purchase.
(2) It is economically feasible to purchase biobased products.
(3) The purchase of biobased products is not inappropriate because of:
(A) federal regulations or policy in matters involving the federal government; or
(B) the special requirements of scientific uses.
As added by P.L.19-2007, SEC.2.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 6. Purchase of Services › 5-22-6-2. Rules; Policies

Sec. 2. (a) A governmental body may adopt rules governing the purchase of services for the governmental body.
(b) The purchasing agency of a governmental body may establish policies regarding the purchase of services for 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 6.5. Contracts for Collection Services › 5-22-6.5-1. "Person" Defined

Sec. 1. As used in this chapter, "person" means an individual, an incorporated or unincorporated organization or association, the state, a unit of local government, an agency of the state or a unit of local government, or a group of such persons acting in concert.
As added by P.L.22-1997, SEC.9.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 6.5. Contracts for Collection Services › 5-22-6.5-2. "Service" Defined

Sec. 2. As used in this chapter, "service" means an action or actions to be performed under authority of the state, a state agency, a body corporate and politic, a state university, a unit of local government, or an agency of a unit of local government permitted by law to be done by its chief officer or governing or legislative body for the convenience or necessity of its citizens, but not including any action that constitutes the exercise of its discretionary powers, an exercise of state sovereignty, or the taking of legislative, quasi-legislative, judicial, or quasi-judicial action.
As added by P.L.22-1997, SEC.9.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 6.5. Contracts for Collection Services › 5-22-6.5-3. Authorization

Sec. 3. (a) The state, a unit of local government, a state agency, an agency of a unit of local government, a body corporate and politic, or a state university may let a contract with a public or private person for the performance of any ministerial service that it must or may have done under its direction that is necessary or desirable in the public interest.
(b) Notwithstanding IC 4-6-2-6, the state, a state agency, a body corporate and politic, a state university, a unit of local government, or an agency of a unit of local government may:
(1) contract with a collection agency to collect any amount owed to the state, state agency, body corporate and politic, state university, or unit of local government; and
(2) authorize a collection agency in a contract for collection services to collect from the debtor a collection fee.
As added by P.L.22-1997, SEC.9.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 6.5. Contracts for Collection Services › 5-22-6.5-4. Procedure for Awarding Contract

Sec. 4. (a) The state, a state agency, and a governmental body described in IC 5-22-2-13(1) through IC 5-22-2-13(4) shall award a contract for collection services using any procedure authorized by statute.
(b) A unit of local government or an agency of a unit of local government may award a contract for collection services using any procedure authorized by statute.
As added by P.L.22-1997, SEC.9. Amended by P.L.1-2009, SEC.24.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 7. Competitive Bidding › 5-22-7-1. Compliance With Chapter Required

Sec. 1. A purchasing agent shall follow the procedure described in this chapter in awarding a contract for supplies, unless another purchasing method is required or authorized by this article.
As added by P.L.49-1997, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 7. Competitive Bidding › 5-22-7-2. Invitation for Bids

Sec. 2. (a) A purchasing agent shall issue an invitation for bids.
(b) An invitation for bids must include the following:
(1) A purchase description.
(2) All contractual terms and conditions that apply to the purchase.
(3) A statement of the evaluation criteria that will be used, including any of the following:
(A) Inspection.
(B) Testing.
(C) Quality.
(D) Workmanship.
(E) Delivery.
(F) Suitability for a particular purpose.
(G) The requirement imposed under IC 5-22-3-5.
(4) The time and place for opening the bids.
(5) A statement concerning whether the bid must be accompanied by a certified check or other evidence of financial responsibility that may be imposed in accordance with rules or policies of the governmental body.
(6) A statement concerning the conditions under which a bid may be canceled or rejected in whole or in part as specified under IC 5-22-18-2.
As added by P.L.49-1997, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 7. Competitive Bidding › 5-22-7-3. Objective Measurement of Evaluation Criteria

Sec. 3. Evaluation criteria that will:
(1) affect the bid price; and
(2) be considered in the evaluation for an award;
must be objectively measurable.
As added by P.L.49-1997, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 7. Competitive Bidding › 5-22-7-5. Notice of Invitation for Bids

Sec. 5. (a) The purchasing agency shall give notice of the invitation for bids in the manner required by IC 5-3-1.
(b) The purchasing agency for a state agency shall also provide electronic access to the notice through the computer gateway administered by the office of technology.
(c) The purchasing agency for a political subdivision may also provide electronic access to the notice through:
(1) the computer gateway administered by the office of technology; or
(2) any other electronic means available to the political subdivision.
As added by P.L.49-1997, SEC.1. Amended by P.L.251-1999, SEC.5; P.L.31-2002, SEC.3; P.L.93-2004, SEC.8; P.L.177-2005, SEC.22.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 7. Competitive Bidding › 5-22-7-6. Public Opening of Bids

Sec. 6. The purchasing agency shall open bids publicly in the presence of one (1) or more witnesses at the time and place designated in the invitation for bids.
As added by P.L.49-1997, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 7. Competitive Bidding › 5-22-7-7. Bids; Acceptance; Evaluation

Sec. 7. Bids must be:
(1) unconditionally accepted without alteration or correction, except as provided in sections 11 through 13 of this chapter; and
(2) evaluated based on the requirements provided in the invitation for bids.
As added by P.L.49-1997, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 7. Competitive Bidding › 5-22-7-9. Maintenance of Information by Purchasing Agency

Sec. 9. (a) The purchasing agency shall maintain the following information:
(1) The name of each bidder.
(2) The amount of each bid.
(3) Other information required by this article and rules adopted under this article.
(b) The information described in subsection (a) is subject to public inspection after each contract award.
As added by P.L.49-1997, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 7. Competitive Bidding › 5-22-7-10. Rules; Policies

Sec. 10. (a) The governmental body may adopt rules or establish policies to allow any of the following:
(1) Correction or withdrawal of inadvertently erroneous bids before or after award.
(2) Cancellation of awards or contracts based on a mistake described in subdivision (1).
(b) Except as provided in a rule or policy, a purchasing agency must make a written decision to:
(1) permit the correction or withdrawal of a bid; or
(2) cancel awards or contracts based on bid mistakes.
As added by P.L.49-1997, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 7. Competitive Bidding › 5-22-7-11. Prohibited Changes After Bid Opening

Sec. 11. A purchasing agency may not permit changes in:
(1) bid prices; or
(2) other provisions of bids prejudicial to the interest of the governmental body or fair competition;
after bid opening.
As added by P.L.49-1997, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 7. Competitive Bidding › 5-22-7-12. Proposed Additions to Contract

Sec. 12. If a bidder inserts contract terms or bids on items not specified in the invitation for bids, the purchasing agent shall treat the additional material as a proposal for addition to the contract and may do any of the following:
(1) Declare the bidder nonresponsive.
(2) Permit the bidder to withdraw the proposed additions to the contract in order to meet the requirements and criteria provided in the invitation for bids.
(3) Accept any of the proposed additions to the contract, subject to section 13 of 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 7. Competitive Bidding › 5-22-7-13. Acceptance of Proposed Additions to Contract; Permitted Changes to Requirements of Invitation for Bids

Sec. 13. (a) The purchasing agent may not accept proposed additions to the contract that are prejudicial to the interest of the governmental body or fair competition.
(b) A decision of the purchasing agent to permit a change to the requirements of the invitation for bids must be supported by a written determination by the purchasing agency.
As added by P.L.49-1997, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 7.3. Negotiated Bidding › 5-22-7.3-1. Applicability

Sec. 1. (a) This chapter applies only to a purchasing agency in the executive branch.
(b) Subject to the policies of the purchasing agency, a purchasing agent may follow the procedure described in this chapter in awarding a contract for supplies instead of awarding a contract under IC 5-22-7.
As added by P.L.160-2006, SEC.6.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 7.3. Negotiated Bidding › 5-22-7.3-2. Invitations for Bids; Requirements

Sec. 2. (a) A purchasing agent may issue an invitation for bids.
(b) An invitation for bids must include the following:
(1) A purchase description.
(2) All contractual terms and conditions that apply to the purchase.
(3) A statement of which, if any, of the following will be used to evaluate bids:
(A) Inspection.
(B) Testing.
(C) Quality.
(D) Workmanship.
(E) Delivery.
(F) Suitability for a particular purpose.
(G) The requirement imposed under IC 5-22-3-5.
(H) Any other evaluation criteria stated in the invitation for bids.
(4) The procedure for opening the bids, including the date, time, and place for opening the bids.
(5) A statement concerning whether a bid must be accompanied by a certified check or other evidence of financial responsibility that may be required in accordance with policies of the purchasing agency.
(6) A statement concerning the conditions under which a bid may be canceled or rejected in whole or in part as specified under IC 5-22-18-2.
(7) A statement concerning whether, and the procedures under which, discussions may be conducted with bidders before a contract is awarded. The procedures for conducting discussions with bidders must be consistent with fair competition among all bidders.
As added by P.L.160-2006, SEC.6.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 7.3. Negotiated Bidding › 5-22-7.3-3. Evaluation Criteria

Sec. 3. Evaluation criteria that will:
(1) affect the bid price; and
(2) be considered in the evaluation for an award;
must be objectively measurable.
As added by P.L.160-2006, SEC.6.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 7.3. Negotiated Bidding › 5-22-7.3-5. Invitation for Bids; Notice

Sec. 5. The purchasing agency shall:
(1) give notice of the invitation for bids in the manner required by IC 5-3-1; and
(2) provide electronic access to the notice through the computer gateway administered by the office of technology.
As added by P.L.160-2006, SEC.6. Amended by P.L.10-2019, SEC.33.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 7.3. Negotiated Bidding › 5-22-7.3-6. Bid Opening; Agency Employee Witnesses

Sec. 6. (a) An employee of the purchasing agency shall open bids in the presence of one (1) or more other employees of the purchasing agency according to the procedure stated in the invitation for bids as required by section 2(b)(4) of this chapter.
(b) Individuals other than employees of the purchasing agency may not be present at an opening of bids unless the bids are opened publicly.
As added by P.L.160-2006, SEC.6.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 7.3. Negotiated Bidding › 5-22-7.3-7. Bids; Confidentiality During Negotiation; Evaluation

Sec. 7. Bids must be:
(1) opened so as to avoid disclosure of contents to competing bidders during the process of negotiation; and
(2) evaluated based on the requirements provided in the invitation for bids.
As added by P.L.160-2006, SEC.6.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 7.3. Negotiated Bidding › 5-22-7.3-9. Bid Register Requirements; Public Inspection of Contract Files; Confidential Proprietary Information

Sec. 9. (a) The purchasing agency shall prepare a bid register.
(b) The bid register must contain the following:
(1) A copy of all documents that are included as part of the invitation for bids.
(2) A list of all persons to whom copies of the invitation for bids were given.
(3) A list of all bids received. The list of bids received must include the following information:
(A) The name and address of each bidder.
(B) The dollar amount of all bid prices received during the bidding process.
(C) The name of the successful bidder and the dollar amount of that bidder's bid.
(4) The basis on which the award was made.
(5) Documentation of the purchasing agency's negotiating process with bidders. The documentation must include the following:
(A) A log of the date and times of each meeting with a bidder. The log must include the identity of the bidder.
(B) A description of the nature of all communications with each bidder.
(C) Subject to subdivision (6), a copy of all written communications, including electronic communications, with each bidder.
(6) The entire contents of the contract file except for proprietary information included with a bid, such as trade secrets, manufacturing processes, and financial information that was not required to be made available for public inspection by the terms of the invitation for bids.
(c) Except as provided in section 10 of this chapter, the bid register is subject to public inspection only after the contract award.
As added by P.L.160-2006, SEC.6.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 7.3. Negotiated Bidding › 5-22-7.3-10. Purchases Over $200,000

Sec. 10. (a) This section applies only if the amount of the purchase is more than two hundred thousand dollars ($200,000).
(b) After the purchasing agency has completed any negotiations, the purchasing agency shall set a date, time, and place for publishing the bid register required by section 9 of this chapter. The date set under this subsection may not be less than seven (7) days before the purchasing agency notifies the successful bidder of the award of the contract.
As added by P.L.160-2006, SEC.6.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 7.3. Negotiated Bidding › 5-22-7.3-11. Erroneous Bids

Sec. 11. (a) The purchasing agency may establish policies to allow any of the following:
(1) Correction or withdrawal of inadvertently erroneous bids before or after an award.
(2) Cancellation of awards or contracts based on a mistake described in subdivision (1).
(b) Except as provided in a rule or policy, a purchasing agency must make a written decision to:
(1) permit the correction or withdrawal of a bid; or
(2) cancel awards or contracts based on bid mistakes.
As added by P.L.160-2006, SEC.6.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 7.3. Negotiated Bidding › 5-22-7.3-12. Additional Material in Bid

Sec. 12. If a bidder inserts contract terms or bids on items not specified in the invitation for bids, the purchasing agent shall treat the additional material as a proposal for addition to the contract and may do any of the following:
(1) Declare the bidder nonresponsive.
(2) Permit the bidder to withdraw the proposed additions to the contract in order to meet the requirements and criteria provided in the invitation for bids.
(3) Accept any of the proposed additions to the contract, subject to section 13 of this chapter.
As added by P.L.160-2006, SEC.6.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 7.3. Negotiated Bidding › 5-22-7.3-13. Acceptance of Contract Additions; Written Determination by Agency Required

Sec. 13. (a) The purchasing agent may not accept proposed additions to the contract that are prejudicial to the interest of the governmental body or fair competition.
(b) A decision of the purchasing agent to permit a change to the requirements of the invitation for bids must be supported by a written determination by the purchasing agency.
As added by P.L.160-2006, SEC.6.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 7.5. Online Reverse Auctions › 5-22-7.5-1. Authorization for Reverse Auction

Sec. 1. (a) A purchasing agency may conduct a reverse auction for the purchase of supplies by using an Internet purchasing site to:
(1) issue an invitation for bids; and
(2) receive bids.
(b) Except as provided in this chapter, a purchasing agency and a bidder must comply with the requirements of this article when participating in a reverse auction.
As added by P.L.93-2004, SEC.9.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 7.5. Online Reverse Auctions › 5-22-7.5-2. Necessity for Written Policies

Sec. 2. (a) Before conducting a reverse auction, the purchasing agency must adopt written policies that do the following:
(1) Establish procedures for all the following:
(A) Transmitting notices, solicitations, and specifications.
(B) Receiving offers.
(C) Making payments.
(D) Protecting the identity of a bidder or an offeror.
(E) For a reverse auction, providing for the display of the amount of each offer previously submitted for public viewing.
(F) Establishing the deadline by which offers must be received and will be considered to be open and available for public inspection.
(G) Establishing the procedure for the opening of offers.
(2) Require the purchasing agency to maintain adequate documentation regarding reverse auctions so that the transactions may be audited as provided by law.
(b) Written policies that comply with rules for an Internet public purchasing site adopted by the Indiana department of administration under IC 4-13-17-4 satisfy the requirements of this section.
As added by P.L.93-2004, SEC.9. Amended by P.L.160-2006, SEC.7.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 7.5. Online Reverse Auctions › 5-22-7.5-3. Bids in a Reverse Auction

Sec. 3. If a purchasing agency issues an invitation for bids using a reverse auction conducted through an Internet purchasing site under this chapter, only bids made:
(1) in accordance with the policies described in section 2 of this chapter; and
(2) through the Internet purchasing site;
may be evaluated by the purchasing entity at the close of bidding.
As added by P.L.93-2004, SEC.9.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 7.5. Online Reverse Auctions › 5-22-7.5-4. Requirements of Internet Purchasing Site for Reverse Auction

Sec. 4. When used for a reverse auction, an Internet purchasing site must do the following:
(1) Provide information that the purchasing entity considers necessary or beneficial to potential bidders.
(2) Display the amount of all bids previously submitted regarding the reverse auction for public viewing.
(3) Conceal information that identifies a bidder.
(4) Comply with this article.
As added by P.L.93-2004, SEC.9.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 7.5. Online Reverse Auctions › 5-22-7.5-5. Bidder Fees

Sec. 5. The purchasing agency may charge a bidder in a reverse auction a fee set in the written policies adopted under section 2 of this chapter.
As added by P.L.93-2004, SEC.9.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 7.5. Online Reverse Auctions › 5-22-7.5-6. Opening Reverse Auction Bids

Sec. 6. For purposes of IC 5-22-7-6, a bid made through an Internet purchasing site is considered to be opened when a computer generated record of the information contained in all bids for a proposed purchase that were received by the site not later than the posted bid deadline is reviewed publicly by the purchasing agency in the presence of one (1) or more witnesses at the time and place designated in the invitation for bids.
As added by P.L.93-2004, SEC.9.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 7.5. Online Reverse Auctions › 5-22-7.5-7. Noncollusion Affirmation Inapplicable

Sec. 7. IC 5-22-16-6(a)(2) does not apply to a reverse auction.
As added by P.L.93-2004, SEC.9.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 8. Small Purchases › 5-22-8-1. Applicability of Chapter

Sec. 1. (a) This chapter applies only to a purchase expected by the purchasing agent to be less than one hundred fifty thousand dollars ($150,000).
(b) Purchase requirements may not be artificially divided so as to constitute a small purchase under this chapter.
As added by P.L.49-1997, SEC.1. Amended by P.L.7-1998, SEC.1; P.L.195-2007, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 8. Small Purchases › 5-22-8-1.5. Purchases From a Youth Agricultural Education Program

Sec. 1.5. (a) This section applies to a purchase by a purchasing agency that is a public school (as defined in IC 20-18-2-15) or school corporation (as defined in IC 5-10.4-1-13).
(b) If a youth agricultural education program produces food, subject to subsection (c), a purchasing agency may purchase up to ten thousand dollars ($10,000) of the food per fiscal year from the youth agricultural education program. Nothing in this section prohibits a purchasing agency from purchasing food from a youth agricultural education program under any other procurement requirement under this chapter.
(c) Subject to any rules or other restrictions adopted by the purchasing agency, a purchase under subsection (b) is considered a micro purchase and is subject to the documentation provisions under 2 CFR 200 et seq.
(d) If a purchasing agency purchases more than ten thousand dollars ($10,000) of food from a youth agricultural educational program per fiscal year, the purchasing agency must comply with the applicable federal procurement requirements.
As added by P.L.175-2021, SEC.1. Amended by P.L.82-2022, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 8. Small Purchases › 5-22-8-2. Purchases Below $50,000

Sec. 2. (a) This section applies only if the purchasing agent expects the purchase to be less than fifty thousand dollars ($50,000).
(b) A purchasing agent may make a purchase under small purchase policies established by the purchasing agency or under rules adopted by the governmental body.
As added by P.L.49-1997, SEC.1. Amended by P.L.7-1998, SEC.2; P.L.195-2007, SEC.2.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 8. Small Purchases › 5-22-8-3. Purchases Between $50,000 and $150,000

Sec. 3. (a) This section applies only if the purchasing agent expects the purchase to be:
(1) at least fifty thousand dollars ($50,000); and
(2) not more than one hundred fifty thousand dollars ($150,000).
(b) A purchasing agent may purchase supplies under this section by inviting quotes from at least three (3) persons known to deal in the lines or classes of supplies to be purchased.
(c) The purchasing agent shall mail an invitation to quote to the persons described in subsection (b) at least seven (7) days before the time fixed for receiving quotes.
(d) If the purchasing agent receives a satisfactory quote, the purchasing agent shall award a contract to the lowest responsible and responsive offeror for each line or class of supplies required.
(e) The purchasing agent may reject all quotes.
(f) If the purchasing agent does not receive a quote from a responsible and responsive offeror, the purchasing agent may purchase the supplies under IC 5-22-10-10.
As added by P.L.7-1998, SEC.3. Amended by P.L.195-2007, SEC.3.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 9. Request for Proposals › 5-22-9-1. Use of Request for Proposals

Sec. 1. Subject to the policies of the purchasing agency, a purchasing agent may award a contract using the procedure provided by this chapter.
As added by P.L.49-1997, SEC.1. Amended by P.L.160-2006, SEC.8; P.L.195-2007, SEC.4.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 9. Request for Proposals › 5-22-9-2. Request for Proposals; Contents

Sec. 2. The purchasing agent shall solicit proposals through a request for proposals, which must include the following:
(1) The factors or criteria that will be used in evaluating the proposals.
(2) A statement concerning the relative importance of price and the other evaluation factors.
(3) A statement concerning whether the proposal must be accompanied by a certified check or other evidence of financial responsibility, which may be imposed in accordance with rules of the governmental body.
(4) A statement concerning whether discussions may be conducted with responsible offerors, who submit proposals determined to be reasonably susceptible of being selected for award.
As added by P.L.49-1997, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 9. Request for Proposals › 5-22-9-3. Public Notice of Request for Proposals

Sec. 3. (a) The purchasing agency shall give public notice of the request for proposals in the manner required by IC 5-3-1.
(b) The purchasing agency for a state agency shall also provide electronic access to the notice through the computer gateway administered by the office of technology.
(c) The purchasing agency for a political subdivision may also provide electronic access to the notice through the electronic gateway administered by the office of technology.
As added by P.L.49-1997, SEC.1. Amended by P.L.251-1999, SEC.6; P.L.31-2002, SEC.4; P.L.177-2005, SEC.23.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 9. Request for Proposals › 5-22-9-5. Register of Proposals; Contents

Sec. 5. (a) A register of proposals must be:
(1) prepared; and
(2) open for public inspection after contract award.
(b) The register of proposals must contain the following:
(1) A copy of the request for proposals.
(2) A list of all persons to whom copies of the request for proposals were given.
(3) A list of all proposals received, which must include all of the following:
(A) The names and addresses of all offerors.
(B) The dollar amount of each offer.
(C) The name of the successful offeror and the dollar amount of that offeror's offer.
(4) The basis on which the award was made.
(5) The entire contents of the contract file except for proprietary information included with an offer, such as trade secrets, manufacturing processes, and financial information that was not required to be made available for public inspection by the terms of the request for proposals.
As added by P.L.49-1997, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 9. Request for Proposals › 5-22-9-6. Responsible Offerors; Discussions; Final Offers

Sec. 6. As provided in the request for proposals or under the rules or policies of the governmental body, discussions may be conducted with, and best and final offers obtained from, responsible offerors who submit proposals determined to be reasonably susceptible of being selected for award.
As added by P.L.49-1997, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 9. Request for Proposals › 5-22-9-7. Award

Sec. 7. (a) Award shall be made to the responsible offeror whose proposal is determined in writing to be the most advantageous to the governmental body, taking into consideration price and the other evaluation factors set forth in the request for proposals.
(b) If provided in the request for proposals, award may be made to more than one (1) offeror whose proposals are determined in writing to be advantageous to the governmental body, taking into consideration price and other evaluation factors set forth in the request for proposals.
As added by P.L.49-1997, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 9. Request for Proposals › 5-22-9-8. Rules; Policies

Sec. 8. The governmental body may provide by rule or policy that:
(1) it is either not practicable or not advantageous to the governmental body to purchase specified types of supplies by competitive sealed bidding; and
(2) receiving proposals is the preferred method for purchase of that type of supply.
As added by P.L.49-1997, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 9. Request for Proposals › 5-22-9-9. Fair and Equal Treatment of Offerors

Sec. 9. (a) Offerors must be accorded fair and equal treatment with respect to any opportunity for discussion and revisions of proposals.
(b) In conducting discussions with an offeror, information derived from proposals submitted by competing offerors may be used in discussion only if the identity of the offeror providing the information is not disclosed to others. The purchasing agency must provide equivalent information to all offerors with which the purchasing agency chooses to have discussions.
As added by P.L.49-1997, SEC.1. Amended by P.L.160-2006, SEC.9; P.L.195-2007, SEC.5.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 10. Special Purchasing Methods › 5-22-10-1. Purchase Without Soliciting Bids or Proposals

Sec. 1. Notwithstanding any other provision of this article, a purchasing agent may make a purchase under this chapter without soliciting bids or proposals.
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 › 5-22-10-3. Contract Files; Record Listing All Contracts

Sec. 3. (a) A purchasing agent shall maintain the contract records for a special purchase in a separate file.
(b) A purchasing agent shall include in the contract file a written determination of the basis for:
(1) the special purchase; and
(2) the selection of a particular contractor.
(c) Notwithstanding any other law, a governmental body shall maintain a record listing all contracts made under this chapter for a minimum of five (5) years. The record must contain the following information:
(1) Each contractor's name.
(2) The amount and type of each contract.
(3) A description of the supplies purchased under each contract.
(d) The contract records for a special purchase are subject to audit by the state board of accounts.
As added by P.L.49-1997, SEC.1. Amended by P.L.181-2015, SEC.22.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 10. Special Purchasing Methods › 5-22-10-4. Emergency Conditions

Sec. 4. (a) A purchasing agent may make a special purchase when there exists, under emergency conditions, a threat to public health, welfare, or safety.
(b) The governor's security council established by IC 10-19-8.1-2 may make a purchase under this section to preserve security or act in an emergency as determined by the governor.
As added by P.L.49-1997, SEC.1. Amended by P.L.123-2002, SEC.9; P.L.22-2005, SEC.3; P.L.249-2019, SEC.2.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 10. Special Purchasing Methods › 5-22-10-7. Data Processing Contract or License Agreements

Sec. 7. A purchasing agent may make a special purchase of data processing contracts or license agreements for:
(1) software programs; or
(2) supplies or services, when only one (1) source meets the using agency's reasonable requirements.
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 › 5-22-10-8. Compatibility of Equipment, Accessories, or Replacement Parts

Sec. 8. A purchasing agent may make a special purchase when:
(1) the compatibility of equipment, accessories, or replacement parts is a substantial consideration in the purchase; and
(2) only one (1) source meets the using agency's reasonable requirements.
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 › 5-22-10-9. Purchasing Method Impairs Functioning of Agency

Sec. 9. A purchasing agent may make a special purchase when purchase of the required supplies or services under another purchasing method under this article would seriously impair the functioning of the using agency.
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 › 5-22-10-10. No Offer Received Under Other Purchasing Method

Sec. 10. A purchasing agent may make a special purchase when the purchasing agency has solicited for a purchase under another purchasing method described in this article and has not received a responsive offer.
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 › 5-22-10-11. Evaluation of Supplies or System Containing Supplies

Sec. 11. A purchasing agent may make a special purchase for the evaluation of supplies or a system containing supplies for any of the following reasons:
(1) To obtain:
(A) functional information; or
(B) comparative data.
(2) For a purpose that in the judgment of the purchasing agent may advance the long term competitive position of 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 10. Special Purchasing Methods › 5-22-10-12. Governmental Discount Available

Sec. 12. A purchasing agent may make a special purchase when the market structure is based on price but the governmental body is able to receive a dollar or percentage discount of the established price.
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 › 5-22-10-13. Single Source for Supply; Award of Contract

Sec. 13. Subject to sections 14 and 15, a purchasing agent may award a contract for a supply when there is only one (1) source for the supply and the purchasing agent determines in writing that there is only one (1) source for the supply.
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 › 5-22-10-14. General Services Administration Price

Sec. 14. A purchasing agent may make a purchase from a person when the purchasing agent determines in writing that:
(1) supplies can be purchased from the person or the person's authorized representative at prices equal to or less than the prices stipulated in current federal supply service schedules established by the federal General Services Administration; and
(2) it is advantageous to the governmental body's interest in efficiency and economy.
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 › 5-22-10-15. Purchase From Person Who Has Contract With Federal Agency

Sec. 15. (a) A purchasing agent may purchase supplies if the purchase is made from a person who has a contract with a federal agency and the person's contract with the federal agency requires the person to make the supplies available to the state or political subdivisions.
(b) A purchasing agent for a political subdivision may purchase supplies if the purchase is made from a person who has a contract with a state agency and the person's contract with the state requires the person to make the supplies or services available to political subdivisions, as provided in IC 4-13-1.6 or IC 5-22-17-9.
As added by P.L.49-1997, SEC.1.