reglab/statecodes huggingface dataset:
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 › 5-22-16.5-4. "Financial Institution"

Sec. 4. As used in this chapter, "financial institution" has the meaning set forth in Section 14 of the Iran Sanctions Act of 1996 (Public Law 104-172, 50 U.S.C. 1701 note), as in effect on January 1, 2012.
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 › 5-22-16.5-5. "Iran"

Sec. 5. As used in this chapter, "Iran" includes the government of Iran and any agency or instrumentality of the government of Iran.
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 › 5-22-16.5-6. "List"

Sec. 6. As used in this chapter, "list" refers to the list developed under section 9 of 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 › 5-22-16.5-7. "Person"

Sec. 7. For purposes of this chapter, "person" includes a successor to, or an affiliate of, the person.
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 › 5-22-16.5-8. Activities That Qualify as Engaging in Investment Activities in Iran; Exception

Sec. 8. (a) For purposes of this chapter, a person engages in investment activities in Iran if either of the following is true:
(1) The person provides goods or services of twenty million dollars ($20,000,000) or more in value in the energy sector of Iran, including providing any of the following for the energy sector of Iran:
(A) Oil or liquified natural gas tankers.
(B) Products used to construct or maintain pipelines used to transport oil or liquified natural gas.
(2) The person is a financial institution that extends twenty million dollars ($20,000,000) or more in credit to another person, for forty-five (45) days or more, if that other person:
(A) will use the credit to provide goods or services in the energy sector in Iran; and
(B) is, at the time the financial institution extends credit, a person identified on the list as a person engaging in investment activities in Iran under subdivision (1).
(b) A person's investment contract with the Indiana public retirement system may not be used as the basis for making a determination under this chapter that the person is engaged in investment activities in Iran.
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 › 5-22-16.5-9. Development of List of Persons Who Engage in Investment Activities in Iran

Sec. 9. (a) Not later than July 1, 2012, the department, using credible information available to the public, shall develop a list of persons the department determines to be engaged in investment activities in Iran.
(b) The department may enter into contracts for the development of the list.
(c) The list must be updated not later than every one hundred eighty (180) days.
(d) The department shall publish the list on the department's Internet web site.
(e) The department shall make every effort to avoid erroneous inclusion of a person on the list.
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 › 5-22-16.5-10. Requirements Before Publication of List

Sec. 10. (a) Before the department publishes the list under section 9 of this chapter, the department shall do the following:
(1) Provide ninety (90) days advance written notice to any person of the department's intent to include that person on the list. The notice required by this subdivision must include the following information:
(A) A statement that a person's inclusion on the list would make the person nonresponsible for purposes of:
(i) submitting an offer in response to a solicitation;
(ii) submitting a bid, offer, or proposal relating to a public works project; or
(iii) otherwise entering into or renewing a contract to provide supplies or services;
with the state or a political subdivision.
(B) A statement that the person will be removed from the list if the person ceases engaging in investment activities in Iran.
(C) A statement that the person's status as nonresponsible with respect to this chapter ends when the person's name is removed from the list.
(2) Provide a person that is to be placed on the list an opportunity to demonstrate in writing to the department that the person is not engaged in investment activities in Iran.
(b) If a person demonstrates to the department that the person is not engaged in investment activities in Iran, the department may not include the person on the list.
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 › 5-22-16.5-11. Person on List; Nonresponsible; Removal of Nonresponsible Designation

Sec. 11. (a) Except as provided in section 12 of this chapter, a person that is placed on the list is considered nonresponsible for purposes of:
(1) submitting an offer in response to a solicitation;
(2) submitting a bid, offer, or proposal relating to a public works project; or
(3) otherwise entering into or renewing a contract to provide supplies or services;
with the state or a political subdivision.
(b) Except as provided in section 12 of this chapter, a person's status as nonresponsible under this chapter ends when the person's name is removed from the list.
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 › 5-22-16.5-12. Award of Contracts to Persons on List; Conditions Under Which Award Permitted; Written Findings

Sec. 12. (a) Section 11 of this chapter does not apply to the award of a particular contract to a person if either subdivision (1) or subdivision (2) applies:
(1) The purchasing agency awarding the contract finds in writing that all of the following are true:
(A) The person's investment activities in Iran were made before July 1, 2012.
(B) The person's investment activities in Iran have not been expanded or renewed after July 1, 2012.
(C) The purchasing agency determines that it is in the best interest of the purchasing agency's governmental body to enter into the contract with the person.
(D) The person has adopted and publicized and is implementing a formal plan to:
(i) cease investment activities in Iran; and
(ii) refrain from engaging in any new investments in Iran.
(2) Either of the following applies:
(A) If the governmental body awarding the contract is a political subdivision, the executive of the political subdivision makes a written finding that the governmental body would be unable to obtain the supplies or services for which the solicitation is made unless a contract is awarded to the person.
(B) If the governmental body is a state agency, the governor makes a finding that the state would be unable to obtain the supplies or services for which the solicitation is made unless a contract is awarded to the person.
(b) A finding made under subsection (a) must be in writing and shall be placed in the contract file.
As added by P.L.21-2012, SEC.4.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 17. Contracts › 5-22-17-2. Cost Reimbursement Contract

Sec. 2. A governmental body may enter into a cost reimbursement contract if the purchasing agent determines in writing that the contract is likely to be less costly to the governmental body than any other contract type, or that it is impracticable to obtain the supplies required except under such a contract.
As added by P.L.49-1997, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 17. Contracts › 5-22-17-3. Contracts for Supplies; Time Periods

Sec. 3. (a) This section does not apply to a discounted contractual arrangement for services or supplies funded through a designated leasing entity.
(b) Subject to subsections (c) through (e) and section 5 of this chapter, a contract for supplies may be entered into for a period not to exceed four (4) years.
(c) County and municipal hospitals may contract for the purchase of supplies for more than one (1) year but not more than five (5) years if the supplies are purchased under IC 5-22-7.
(d) The contract must specify that payment and performance obligations are subject to the appropriation and availability of funds.
(e) A political subdivision must have available a sufficient appropriation balance or an approved additional appropriation before a purchasing agent may award a contract.
As added by P.L.49-1997, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 17. Contracts › 5-22-17-4. Renewal of Contracts

Sec. 4. (a) A contract that contains a provision for escalation of the price of the contract may be renewed under this section if the price escalation is computed using:
(1) a commonly accepted index named in the contract; or
(2) a formula set forth in the contract.
(b) Subject to section 5 of this chapter, with the agreement of the contractor and the purchasing agency, a contract may be renewed any number of times.
(c) The term of a renewed contract may not be longer than the term of the original contract.
As added by P.L.49-1997, SEC.1. Amended by P.L.153-1999, SEC.5.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 17. Contracts › 5-22-17-5. Funds Not Appropriated or Available; Contract Cancellation; Exemption for Lease of State Owned Property

Sec. 5. (a) This section does not apply to a contract for the lease of property owned by the state under which no state expenditures are required.
(b) When the fiscal body of the governmental body makes a written determination that funds are not appropriated or otherwise available to support continuation of performance of a contract, the contract is considered canceled.
(c) A determination by the fiscal body that funds are not appropriated or otherwise available to support continuation of performance is final and conclusive.
As added by P.L.49-1997, SEC.1. Amended by P.L.177-2021, SEC.2.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 17. Contracts › 5-22-17-5.5. Applicability; Prohibition on State Contracts and Grants With Entities That Perform Abortions; Appropriations; Termination of Contract

Sec. 5.5. (a) This section does not apply to hospitals licensed under IC 16-21-2 or ambulatory surgical centers licensed under IC 16-21-2.
(b) An agency of the state may not:
(1) enter into a contract with; or
(2) make a grant to;
any entity that performs abortions or maintains or operates a facility where abortions are performed that involves the expenditure of state funds or federal funds administered by the state.
(c) Any appropriation by the state:
(1) in a budget bill;
(2) under IC 5-19-1-3.5; or
(3) in any other law of the state;
to pay for a contract with or grant made to any entity that performs abortions or maintains or operates a facility where abortions are performed is canceled, and the money appropriated is not available for payment of any contract with or grant made to the entity that performs abortions or maintains or operates a facility where abortions are performed.
(d) For any contract with or grant made to an entity that performs abortions or maintains or operates a facility where abortions are performed covered under subsection (b), the budget agency shall make a determination that funds are not available, and the contract or grant shall be terminated under section 5 of this chapter.
As added by P.L.193-2011, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 17. Contracts › 5-22-17-6. Early Performance; Completion After Termination Date

Sec. 6. (a) The purchasing agent may specify in a contract that early performance of the contract will result in increased compensation at either:
(1) a percentage of the contract amount; or
(2) a specific dollar amount;
determined by the purchasing agent.
(b) The purchasing agent may specify in a contract that completion of the contract after the termination date of the contract will result in a deduction from the compensation in the contract at either:
(1) a percentage of the contract amount; or
(2) a specific dollar amount;
determined by the purchasing agent.
(c) Notice of inclusion of contract provisions permitted under this section in a contract must be included in the solicitation.
As added by P.L.49-1997, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 17. Contracts › 5-22-17-7. Contract for Remediation of Hazardous Waste Site

Sec. 7. (a) As used in this section, "release" means any discharging, disposing, dumping, emitting, emptying, escaping, injecting, leaching, leaking, pouring, pumping, or spilling into the environment. The term includes the abandonment or discarding of barrels, containers, or other closed receptacles containing any petroleum or hazardous substance.
(b) As used in this section, "remediation" means any of the following:
(1) Actions necessary to prevent, minimize, or mitigate damages to the public health or welfare or to the environment that may otherwise result from a release or threat of a release.
(2) Actions consistent with a permanent remedy taken instead of or in addition to removal actions in the event of a release of petroleum or a hazardous substance into the environment to eliminate the release of petroleum or hazardous substances so that the petroleum or hazardous substances do not migrate to cause substantial danger to present or future public health or welfare or the environment.
(3) The cleanup or removal of released petroleum or hazardous substances from the environment.
(c) Notwithstanding section 3 of this chapter, a contract for remediation of a hazardous waste site may be entered into for any period not to exceed ten (10) years. The other provisions of section 3 of this chapter apply to a contract for remediation of hazardous waste.
As added by P.L.49-1997, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 17. Contracts › 5-22-17-8. Contract for Supplies and Services to Implement Ebt Program

Sec. 8. (a) As used in this section, "division" refers to the division of family resources established by IC 12-13-1-1.
(b) As used in this section, "EBT program" refers to an electronic benefits transfer program.
(c) Notwithstanding section 3 of this chapter, the division may enter into a contract for supplies and services to implement an EBT program for an initial period not to exceed five (5) years. The division may renew the contract for any number of successive periods not to exceed two (2) years each.
As added by P.L.49-1997, SEC.1. Amended by P.L.145-2006, SEC.15.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 17. Contracts › 5-22-17-9. Extension of Offers to Political Subdivisions

Sec. 9. A contract entered into by a state agency may require the contractor to offer to political subdivisions the services or supplies that are the subject of the contract under conditions specified in 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 17. Contracts › 5-22-17-10. Contract for Petroleum Products

Sec. 10. (a) As used in this section, "petroleum products" includes the following:
(1) Gasoline.
(2) Fuel oils.
(3) Lubricants.
(4) Liquid asphalt.
(b) A purchasing agent may award a contract for petroleum products to:
(1) the lowest responsible and responsive offeror; or
(2) all responsible and responsive offerors.
(c) A contract entered into under this section may allow for the escalation or de-escalation of price.
(d) This subsection applies to a petroleum products contract that is awarded to all responsible and responsive offerors as provided in subsection (b). The purchasing agent must purchase the petroleum products from the lowest of the responsible and responsive bidders. The contract must provide that the bidder from whom petroleum products are being purchased shall provide five (5) business days written notice of any change in price. Upon receipt of written notice, the purchasing agent shall request current price quotes in writing based upon terms and conditions of the original offer (as awarded) from all successful responsible and responsive offerors. The purchasing agent shall record the quotes in minutes or memoranda. The purchasing agent shall purchase the petroleum products from the lowest responsible and responsive offeror, taking into account the price change of the current supplier and the price quotes of the other responsible and responsive offerors.
As added by P.L.49-1997, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 17. Contracts › 5-22-17-11. Contract for Sand, Gravel, Asphalt, Paving Materials, or Crushed Stone

Sec. 11. A county may award a sand, gravel, asphalt paving materials, or crushed stone contract to more than one (1) responsible and responsive offeror if both of the following apply:
(1) The specifications allow for offers to be based upon service to specific geographic areas.
(2) The contracts are awarded by geographic area.
The county is not required to describe the geographic areas in the specifications.
As added by P.L.7-1998, SEC.7.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 17. Contracts › 5-22-17-12. Separate Contracts; Awarding Contract to an Offeror Other Than the Lowest Offeror

Sec. 12. (a) A solicitation may provide that offers will be received and contracts will be awarded separately or for any combination of a line or a class of supplies or services contained in the solicitation.
(b) If the solicitation does not indicate how separate contracts might be awarded, the purchasing agent may award separate contracts to different offerors under this section only if the purchasing agent makes a written determination showing that the award of separate contracts is in the interest of efficiency or economy.
(c) If the purchasing agent awards a contract for a line or class of supplies or services, or any combination of lines or classes, to an offeror other than the lowest offeror, the purchasing agent must make a written determination stating the reasons for awarding a contract to that offeror.
As added by P.L.7-1998, SEC.8.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 17. Contracts › 5-22-17-13. Contracts for Supplies or Services for an Unspecified Number of Items at a Fixed Price per Unit

Sec. 13. A solicitation may provide that the purchasing agent will award a contract for supplies or services for an unspecified number of items at a fixed price per unit. Such a contract may include a formula or a method for escalation of the unit price.
As added by P.L.7-1998, SEC.9.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 17. Contracts › 5-22-17-14. Contracts Involving Steel Products

Sec. 14. A contract awarded under this article must include the requirements of IC 5-22-15-25(c) unless the head of the purchasing agency makes a determination under IC 5-22-15-25(d).
As added by P.L.194-2001, SEC.3.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 18. Other Procedures Governing Purchasing › 5-22-18-1. Public Notice

Sec. 1. (a) Whenever public notice is required by this article, notice shall be given by publication in the manner prescribed by IC 5-3-1.
(b) The purchasing agent may give notice other than as required in IC 5-3-1 that the purchasing agent considers will increase competition.
(c) The purchasing agent shall schedule all notices given under this section to provide a reasonable amount of time for preparation and submission of responses after notification. The period between:
(1) the last publication, mailing, or posting of notices required by this section; and
(2) the final date set for submitting offers;
must be at least seven (7) calendar days.
As added by P.L.49-1997, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 18. Other Procedures Governing Purchasing › 5-22-18-2. Cancellation of Solicitation; Rejection of Offer

Sec. 2. (a) When the purchasing agent determines it is in the best interests of the governmental body:
(1) a solicitation may be canceled; or
(2) offers may be rejected;
in whole or in part as specified in the solicitation.
(b) The reasons for a cancellation of a solicitation or rejection of offers must be made a part of the contract file.
As added by P.L.49-1997, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 18. Other Procedures Governing Purchasing › 5-22-18-3. Offers Opened After Time Stated in Solicitation

Sec. 3. Notwithstanding any other law, offers may be opened after the time stated in the solicitation if both of the following apply:
(1) The governmental body makes a written determination that it is in the best interest of the governmental body to delay the opening.
(2) The day, time, and place of the rescheduled opening is announced at the day, time, and place of the originally scheduled opening.
As added by P.L.49-1997, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 18. Other Procedures Governing Purchasing › 5-22-18-4. Contract and Purchasing Records; Protection of Documents

Sec. 4. (a) Except as provided in this section or by another law, contract and purchasing records are public records subject to public inspection under IC 5-14-3.
(b) A governmental body may establish policies or adopt rules for the protection of documents submitted to the governmental body in response to a solicitation.
(c) Policies or rules may provide procedures for the following:
(1) Protection of offers before opening to prevent disclosure of contents.
(2) Afford unobstructed evaluation of offers and award of contracts by the purchasing agent after opening.
(3) Protection of offers from tampering before and after opening.
As added by P.L.49-1997, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 18. Other Procedures Governing Purchasing › 5-22-18-5. Purchase Order or Lease Made Public Record by Political Subdivisions

Sec. 5. (a) This section applies only to a political subdivision.
(b) Within thirty (30) days after the acceptance of an offer, the purchasing agent shall deliver in person or by first class mail to the successful offeror the original of each purchase order or lease, retain a copy for the purchasing agent's records, and file a copy for public record and inspection as follows:
(1) When a purchase or lease is made for a county or municipality, the copy of the purchase order or lease must be filed with the fiscal officer of the unit.
(2) When a purchase or lease is made for a township, the copy of the purchase order or lease must be filed with the fiscal officer of the county.
(3) When a purchase or lease is made for a school corporation or a quasi-public corporation, the copy of the purchase order or lease must be filed with the records of the corporation.
As added by P.L.7-1998, SEC.10.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 19. Determinations › 5-22-19-1. Determinations Final and Conclusive; Judicial Review

Sec. 1. The determinations required by this article are final and conclusive, and subject to judicial review under section 2 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 19. Determinations › 5-22-19-2. Petition for Judicial Review; Filing; Relief

Sec. 2. (a) A person aggrieved by a determination under this article may file a petition for judicial review of that determination in a court of appropriate jurisdiction.
(b) The court shall grant relief only if it determines that a person seeking judicial relief has been substantially prejudiced by a determination that is any of the following:
(1) Arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.
(2) Contrary to constitutional right, power, privilege, or immunity.
(3) In excess of statutory jurisdiction, authority, or limitations, or short of statutory right.
(4) Without observance of procedure required by law.
(5) Unsupported by substantial evidence.
As added by P.L.49-1997, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 19. Determinations › 5-22-19-4. Setting Aside Determination; Remanding Case

Sec. 4. (a) If the court finds that a person has been substantially prejudiced by a determination, the court may set aside the determination. The court may remand the case to the governmental body for further proceedings and compel an action by the governmental body that has been unreasonably delayed or unlawfully withheld.
(b) A court may not award damages in an action 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 19. Determinations › 5-22-19-5. Standing

Sec. 5. An Indiana taxpayer has standing to:
(1) challenge a determination made under IC 5-22-15-25(d); and
(2) enforce a contract provision required by IC 5-22-17-14 if the contract is related to steel products (as defined in IC 5-22-15-25(a)) or supplies manufactured by steel products.
As added by P.L.194-2001, SEC.4.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 20. Modification and Termination of Contracts › 5-22-20-1. Policies or Rules for Inclusion of Clauses or Contract Provisions

Sec. 1. A governmental body may establish policies or adopt rules permitting or requiring any of the following:
(1) The inclusion of clauses providing for adjustments in prices or time of performance.
(2) The inclusion of contract provisions dealing with either of the following:
(A) The unilateral right of the governmental body to order, in writing either of the following:
(i) Changes in the work within the scope of the contract.
(ii) Temporary stopping of the work or delaying performance.
(B) Variations occurring between estimated quantities of work in a contract and actual quantities.
As added by P.L.49-1997, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 20. Modification and Termination of Contracts › 5-22-20-2. Adjustments in Price; Computation

Sec. 2. Adjustments in price under clauses established under section 1 of this chapter must be computed in one (1) or more of the following ways:
(1) By agreement on a fixed price adjustment before the beginning of the pertinent performance or as soon after the beginning of the performance as practicable.
(2) By unit prices specified in the contract or subsequently agreed upon.
(3) By the costs attributable to the events or situations under such clauses with adjustment of profit or fee, all as specified in the contract or subsequently agreed upon.
(4) In such other manner as the contracting parties may mutually agree.
(5) In the absence of agreements by the parties, by a unilateral determination by the governmental body of the costs attributable to the events or situations under such clauses, with adjustment of profit or fee, all as computed by the governmental body in accordance with applicable rules adopted 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 21. Disposition of State Surplus Personal Property › 5-22-21-1. Applicability of Chapter

Sec. 1. (a) This chapter applies only to personal property owned by a governmental body that is a state agency.
(b) This chapter does not apply to the following:
(1) The sale of timber by the department of natural resources under IC 14-23-4.
(2) The satisfaction of a lien or judgment by a state agency under court proceedings.
(3) The disposition of unclaimed property under IC 32-34-1.5.
(4) The sale or harvesting of vegetation (as defined in IC 8-23-24.5-3) under IC 8-23-24.5.
(5) The sale or harvesting of vegetation (as defined in IC 4-20.5-22-4) under IC 4-20.5-22.
As added by P.L.49-1997, SEC.1. Amended by P.L.2-2002, SEC.34; P.L.182-2009(ss), SEC.79; P.L.141-2021, SEC.5.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 21. Disposition of State Surplus Personal Property › 5-22-21-3. "Department" Defined

Sec. 3. 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.49-1997, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 21. Disposition of State Surplus Personal Property › 5-22-21-4. "Surplus Property" Defined

Sec. 4. As used in this chapter, "surplus property" means property that is not usable by a state agency as determined 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 21. Disposition of State Surplus Personal Property › 5-22-21-5. Sales of Property; Requirements

Sec. 5. Subject to IC 8-23-7 and this chapter, all sales of property belonging to a state agency, other than property:
(1) on which allowance is made on another purchase with the written approval of the commissioner; or
(2) whose disposition is otherwise provided for in this chapter;
shall be conducted by the commissioner only under IC 5-22-22-4 or IC 5-22-22-4.5. All sales must be made to the highest responsible bidder.
As added by P.L.49-1997, SEC.1. Amended by P.L.58-2018, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 21. Disposition of State Surplus Personal Property › 5-22-21-6. Commissioner to Adopt Procedures

Sec. 6. The commissioner shall adopt a procedure requiring the following:
(1) Each state agency shall notify the department of surplus property.
(2) The department shall inspect the surplus property and determine if the property is usable by other state agencies.
(3) A state agency that requests the purchase of:
(A) new property; or
(B) material to be used for rehabilitation programs;
shall accept by transfer or purchase surplus property that is usable by a state agency instead of purchasing new property or materials.
(4) Property that is not usable by other state agencies may be:
(A) sold under section 7 or 7.5 of this chapter or IC 5-22-22;
(B) demolished, discarded, donated under section 7.6 of this chapter, or junked if the property has no market value; or
(C) disposed of if the property can be recycled in conjunction with a program administered by the department to promote recycling of property, the components of property, or the materials of property.
As added by P.L.49-1997, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 21. Disposition of State Surplus Personal Property › 5-22-21-7. Sales to Political Subdivisions

Sec. 7. Except as provided in section 7.5 of this chapter, surplus property available for sale may, under the policies prescribed by the budget agency, be offered for sale to political subdivisions. The policies of the budget agency must require that if the property is in the possession of the Indiana department of transportation and is to be offered to political subdivisions, the commissioner shall notify each supervisor of county highways appointed under IC 8-17-3-1 of the sale.
As added by P.L.49-1997, SEC.1. Amended by P.L.49-2002, SEC.1; P.L.246-2005, SEC.55.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 21. Disposition of State Surplus Personal Property › 5-22-21-7.5. Surplus Computer Hardware; Offer to Educational Entities

Sec. 7.5. (a) This section applies to surplus computer hardware that:
(1) is not usable by a state agency as determined under section 6 of this chapter; and
(2) has market value.
(b) As used in this section, "educational entity" refers to a school corporation as defined in IC 36-1-2-17 or nonpublic schools as defined in IC 20-10.1-1-3 before July 1, 2005, or IC 20-18-2-12.
(c) As used in this section, "market value" means the value of the property is more than the estimated costs of sale and transportation of the property.
(d) Surplus computer hardware available for sale may, under the policies prescribed by the budget agency, be offered to an educational entity.
As added by P.L.49-1997, SEC.1. Amended by P.L.1-2005, SEC.84; P.L.246-2005, SEC.56; P.L.246-2005, SEC.57; P.L.1-2006, SEC.124; P.L.133-2012, SEC.42.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 21. Disposition of State Surplus Personal Property › 5-22-21-7.6. Donation of Surplus Computer Hardware to Educational Entities

Sec. 7.6. (a) This section applies to surplus computer hardware that is:
(1) not usable by a state agency as determined under section 6 of this chapter; and
(2) not sold to an educational entity or political subdivision after being offered for sale.
(b) The department may donate the surplus computer hardware to an educational entity or a school corporation (as defined by IC 36-1-2-17) or nonpublic schools (as defined in IC 20-18-2-12).
As added by P.L.49-1997, SEC.1. Amended by P.L.1-2005, SEC.85.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 21. Disposition of State Surplus Personal Property › 5-22-21-8. Sale When Property Not Purchased by Political Subdivision

Sec. 8. If a political subdivision does not purchase surplus property under section 7 of this chapter, the surplus property shall be sold under IC 5-22-22.
As added by P.L.49-1997, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 21. Disposition of State Surplus Personal Property › 5-22-21-10. Proceeds of Sales

Sec. 10. (a) The proceeds of a sale under this chapter or under IC 5-22-22 shall be deposited in the state treasury and credited to the fund from which the property was purchased.
(b) The proceeds are subject to allotment by the budget agency with the approval of the governor.
As added by P.L.49-1997, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 21. Disposition of State Surplus Personal Property › 5-22-21-11. Persons Prohibited From Bidding

Sec. 11. The commissioner may prohibit any of the following from bidding on property sold under this chapter or IC 5-22-22 when a state employee has participated in the disposal process of the state agency that has possession of the property:
(1) The state employee.
(2) The spouse of the state employee.
(3) An unemancipated child of the state employee.
(4) An agent of any of the individuals described in subdivisions (1) through (3).
As added by P.L.49-1997, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 22. Disposition of Surplus Personal Property by a Governmental Body › 5-22-22-2. Applicability of Laws Regarding Disposition of State Surplus Personal Property

Sec. 2. If the property is owned by a state agency, IC 5-22-21, to the extent applicable, also applies to the disposition of the property.
As added by P.L.49-1997, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 22. Disposition of Surplus Personal Property by a Governmental Body › 5-22-22-3. Sale by Purchasing Agent

Sec. 3. A purchasing agency may sell property that:
(1) has been left in the custody of an officer or employee of a governmental body and has remained unclaimed for more than one (1) year; or
(2) belongs to the governmental body but is no longer needed or is unfit for the purpose for which it was intended.
As added by P.L.49-1997, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 22. Disposition of Surplus Personal Property by a Governmental Body › 5-22-22-4. Use of Auctioneer

Sec. 4. (a) Except as provided in subsection (b), if the property to be sold is:
(1) one (1) item, with an estimated value of one thousand dollars ($1,000) or more; or
(2) more than one (1) item, with an estimated total value of five thousand dollars ($5,000) or more;
the purchasing agency may engage an auctioneer licensed under IC 25-6.1 to advertise the sale and conduct a public auction.
(b) This subsection applies if the property to be sold is property that belongs to a state agency. If the property is not to be sold under section 4.5 of this chapter, the commissioner of the Indiana department of administration shall sell the property under this section. In engaging an auctioneer under this section, the commissioner shall give preference to an auctioneer to conduct the public auction who is also a resident of Indiana.
(c) The advertising by an auctioneer under this section must include a detailed description of the property to be sold.
(d) The purchasing agency shall pay an auctioneer who conducts a sale under this section from the gross proceeds of the sale received before other expenses and liens are paid.
As added by P.L.49-1997, SEC.1. Amended by P.L.58-2018, SEC.2.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 22. Disposition of Surplus Personal Property by a Governmental Body › 5-22-22-4.5. Internet Sales; Costs

Sec. 4.5. (a) The purchasing agency may sell surplus property using an Internet auction site that satisfies both of the following:
(1) The site is approved by the office of technology established by IC 4-13.1-2-1.
(2) The site is linked to the electronic gateway administered under IC 4-13.1-2-2(a)(6) by the office of technology.
(b) The purchasing agency's posting of the sale on the Internet auction site must include a detailed description of the surplus property to be sold.
(c) The purchasing agency may pay the costs of conducting the auction on the Internet site as required by the person maintaining the auction site.
As added by P.L.31-2002, SEC.5. Amended by P.L.198-2007, SEC.3; P.L.134-2021, SEC.9.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 22. Disposition of Surplus Personal Property by a Governmental Body › 5-22-22-4.7. Sale of State Surplus Property; Sale on Internet Auction Site; Preference for Site Owned or Operated by Licensed Indiana Auctioneer

Sec. 4.7. (a) This section applies only if both of the following apply:
(1) The property to be sold is property that belongs to a state agency.
(2) The property will be sold under section 4.5 of this chapter.
(b) If the purchasing agency sells surplus property using an Internet auction site, in addition to the requirements for an Internet auction site under section 4.5 of this chapter, the purchasing agency shall give preference in selection of the Internet auction site to Internet auction sites owned or operated by a person licensed under IC 25-6.1.
As added by P.L.58-2018, SEC.3.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 22. Disposition of Surplus Personal Property by a Governmental Body › 5-22-22-5. Public Sale or Sealed Bids; Advertisements

Sec. 5. (a) If:
(1) an auctioneer is not engaged under section 4 of this chapter; or
(2) the surplus property is not sold through an Internet auction site under section 4.5 of this chapter;
the purchasing agency shall sell the property at a public sale or by sealed bids delivered to the office of the purchasing agency before the date of sale.
(b) Advertisement of the sale shall be made in accordance with IC 5-3-1.
(c) All sales shall be made to the highest responsible bidder.
As added by P.L.49-1997, SEC.1. Amended by P.L.31-2002, SEC.6.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 22. Disposition of Surplus Personal Property by a Governmental Body › 5-22-22-6. Public or Private Sale or Transfer Without Advertising

Sec. 6. If the property to be sold is:
(1) one (1) item, with an estimated value of less than one thousand dollars ($1,000); or
(2) more than one (1) item, with an estimated total value of less than five thousand dollars ($5,000);
the purchasing agency may sell the property at a public or private sale or transfer the property, without advertising.
As added by P.L.49-1997, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 22. Disposition of Surplus Personal Property by a Governmental Body › 5-22-22-7. Sale or Transfer of Recyclable Property

Sec. 7. If the property to be sold is material that:
(1) may be recycled; and
(2) has been collected in conjunction with a recycling program;
the purchasing agency may, without advertising, sell the property at a public or private sale or transfer the property.
As added by P.L.49-1997, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 22. Disposition of Surplus Personal Property by a Governmental Body › 5-22-22-8. Worthless Property

Sec. 8. (a) If the property is worthless, it may be demolished or junked.
(b) For purposes of this section and IC 5-22-21-6(4)(B), property may be considered worthless or of no market value if the value of the property is less than the estimated costs of the sale and transportation of the property.
As added by P.L.49-1997, SEC.1. Amended by P.L.7-1998, SEC.11.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 22. Disposition of Surplus Personal Property by a Governmental Body › 5-22-22-9. Disposal of Law Enforcement Vehicles

Sec. 9. (a) If a purchasing agency disposes of a law enforcement vehicle that is a model year of 1994 or after and is painted in a color scheme of more than one (1) color by transferring the vehicle to:
(1) a person who will operate the vehicle on a public highway in Indiana, the person must repaint the vehicle in:
(A) a monochrome color scheme; or
(B) a color scheme that does not duplicate the color scheme of an Indiana law enforcement vehicle;
before the vehicle is operated on a public highway in Indiana;
(2) a person who will sell or otherwise transfer the vehicle to another person who will operate the vehicle on a public highway in Indiana, the person must repaint the vehicle in:
(A) a monochrome color scheme; or
(B) a color scheme that does not duplicate the color scheme of an Indiana law enforcement vehicle;
before the vehicle is sold or otherwise transferred to the other person to be operated on a public highway in Indiana;
(3) a person who will sell or otherwise transfer the vehicle to another person who will not operate the vehicle on a public highway in Indiana, the person is not required to repaint the vehicle before the vehicle is sold or otherwise transferred to the other person; or
(4) another governmental body, the governmental body is not required to repaint the vehicle before the vehicle is operated on a public highway in Indiana.
(b) Before a purchasing agency disposes of a law enforcement vehicle that is painted in a color scheme of more than one (1) color, the purchasing agency must provide a copy of this subsection to the prospective purchaser of the vehicle.
(c) A person who violates this section commits a Class C infraction.
As added by P.L.49-1997, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 22. Disposition of Surplus Personal Property by a Governmental Body › 5-22-22-10. Exchange of Property Between Purchasing Agency and Governmental Body

Sec. 10. (a) A purchasing agency may exchange property with another governmental body upon terms and conditions agreed upon by the governmental bodies as evidenced by adoption of a substantially identical resolution by each entity.
(b) A transfer under this section may be made for any amount of property or cash as agreed upon by the governmental bodies.
As added by P.L.49-1997, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 22. Disposition of Surplus Personal Property by a Governmental Body › 5-22-22-11. Notice of Sale

Sec. 11. (a) Notice of a sale under this chapter must be given by publication of the time, place, and terms of the sale, as provided in IC 5-3-1 in the county where the property is located. The publication shall be made at least fifteen (15) days before the date of the sale.
(b) Notice under this section is required in addition to notice:
(1) given by an auctioneer under section 4 of this chapter; or
(2) provided by an Internet auction site under section 4.5 of this chapter.
As added by P.L.49-1997, SEC.1. Amended by P.L.31-2002, SEC.7.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 22. Disposition of Surplus Personal Property by a Governmental Body › 5-22-22-12. Transfer to Volunteer Fire Department, Fire Protection District, or Fire Protection Territory

Sec. 12. (a) This section applies to the following surplus property:
(1) Fire trucks.
(2) Emergency service vehicles.
(3) Firefighting or emergency services equipment.
(b) As used in this section, "fire department" refers to any of the following:
(1) A volunteer fire department (as defined in IC 36-8-12-2).
(2) The board of fire trustees of a fire protection district established under IC 36-8-11.
(3) The provider unit of a fire protection territory established under IC 36-8-19.
(c) Notwithstanding section 4, 4.5, or 5 of this chapter, a governmental body may transfer title of surplus property to a fire department for the fire department's use in providing fire protection or emergency services.
(d) A fire department located in the same county as the governmental body offering the surplus property for transfer has the right of first refusal for all surplus property offered. Surplus property that is refused by the fire departments located in the same county as the governmental body may be transferred to any fire department in Indiana.
(e) A governmental body may transfer title of surplus property to a fire department under this section by:
(1) sale;
(2) gift; or
(3) another arrangement acceptable to the governmental body and the fire department.
As added by P.L.83-1998, SEC.1. Amended by P.L.1-1999, SEC.8; P.L.31-2002, SEC.8; P.L.128-2008, SEC.5.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 23. Telephone Calling Systems for Confined Offenders › 5-22-23-0.5. Application of Chapter

Sec. 0.5. This chapter does not apply to solicitations for telephone calling systems (including local, interlata, intralata, and interstate long distance services) for confined offenders made before March 20, 2002.
As added by P.L.220-2011, SEC.103.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 23. Telephone Calling Systems for Confined Offenders › 5-22-23-1. "Confined" Defined

Sec. 1. For purposes of this chapter, "confined" has the meaning set forth in IC 11-8-1-6.
As added by P.L.65-2002, SEC.1.