reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 11 - CONSUMER PROTECTION DIVISION OF THE OFFICE OF THE ATTORNEY GENERAL › Article 3 - PROFESSIONAL FUNDRAISER CONSULTANTS AND PROFESSIONAL SOLICITORS › Rule 8 - Miscellaneous and Penalties › Section 8-4 - Lack of warning not a defense

Current through July 10, 2024
Authority: IC
				  4-6-9-8;
				  IC
				  23-7-8-8
Affected: IC 23-7-8
Sec. 4.
The lack of a warning to a professional fundraiser
				  consultant or professional solicitor that a document submitted by the
				  professional fundraiser consultant or professional solicitor is in any way
				  incomplete, incorrect, or fails to comply with the requirements of IC 23-7-8 or
				  this title is not a defense to an action by the division under this
				  article.
Indiana Administrative Code › Title 17 - OFFICE OF COMMUNITY AND RURAL AFFAIRS › Article 1 - DEBARMENT PROCEDURE › Rule 1 - Scope and Definitions › Section 1-1 - Scope of action

Current through July 10, 2024
Authority: IC  4-4-9.7-7
Affected: IC 4-4
Sec. 1.
This article applies to any federal or state program administered by the office of community and rural affairs.
Indiana Administrative Code › Title 17 - OFFICE OF COMMUNITY AND RURAL AFFAIRS › Article 1 - DEBARMENT PROCEDURE › Rule 1 - Scope and Definitions › Section 1-2 - Definitions

Current through July 10, 2024
Authority: IC  4-4-9.7-7
Affected: IC 4-4
Sec. 2.
The following definitions apply throughout this article:
(1) "Debarment" means the exclusion from participation in such program for the period of time specified in accordance with this article.
(2) "Office" means the office of community and rural affairs.
(3) "Person", whenever used in a debarment procedure, means any:
(A) person;
(B) firm;
(C) association;
(D) partnership; or
(E) corporation.
The term includes all political subdivisions and their affiliated entities against which any state or federal agency may make an order or determination.
Indiana Administrative Code › Title 17 - OFFICE OF COMMUNITY AND RURAL AFFAIRS › Article 1 - DEBARMENT PROCEDURE › Rule 2 - Causes for Debarment › Section 2-1 - Causes for debarment

Current through July 10, 2024
Authority: IC  4-4-9.7-7
Affected: IC 4-4
Sec. 1.
A person may be debarred if any of the following have occurred within a reasonable period of time before institution of debarment proceedings:
(1) Serious or repetitive violation of any federal or state law or office program regulation or instruction.
(2) Serious or repetitive failure to perform contractual obligations or carry out representations or warranties to the office or to any grantee under any program administered by the office.
(3) Acts of misconduct indicating a lack of business integrity directly affecting responsibility to participate in office programs, including, but not limited to, the following:
(A) False representation.
(B) Embezzlement.
(C) Theft.
(D) Forgery.
(E) Fraud.
(F) Negligent service.
(G) Bribery.
(H) Falsification of record.
(I) Receiving stolen property.
Indiana Administrative Code › Title 17 - OFFICE OF COMMUNITY AND RURAL AFFAIRS › Article 1 - DEBARMENT PROCEDURE › Rule 3 - Procedure for Debarment › Section 3-1 - Notice of recommended debarment

Current through July 10, 2024
Authority: IC 4-4-9.7-7
Affected: IC 4-4
Sec. 1.
The initial determination of the office, entitled Notice of Recommended Debarment, shall be mailed to the person against whom debarment is recommended, in writing and signed by the director, or his or her designee, and shall include the following:
(1) A statement indicating that as a result of an investigation made by the office, debarment is recommended and would consist of exclusion from participation in all office programs.
(2) One (1) or more of the grounds stated in 17 IAC 1-2-1.
(3) A short, plain statement of the reasons for the recommended debarment.
(4) A statement that the person has the right to file a written objection within fifteen (15) days with the director of the office, and, if no written objection is timely filed, the determination of debarment shall be made.
Indiana Administrative Code › Title 17 - OFFICE OF COMMUNITY AND RURAL AFFAIRS › Article 1 - DEBARMENT PROCEDURE › Rule 3 - Procedure for Debarment › Section 3-2 - Prehearing conference

Current through July 10, 2024
Authority: IC  4-4-9.7-7
Affected: IC 4-4
Sec. 2.
(a) Any person who has received an initial determination recommending debarment is entitled to a prehearing conference to discuss all charges, provided that the conference is requested in the objection filed under this title.
(b) The prehearing conference shall be an informal proceeding, scheduled by and involving the director of the office, or his or her designee.
(c) If, after the prehearing conference, the initial determination is settled or adjusted, a written synopsis shall be prepared by the office and submitted to the person for approval. The person's failure to file a response to the synopsis within fifteen (15) days after the date of mailing will be deemed approval by the person.
(d) If any person, after being duly notified, fails to appear at a prehearing conference, that person shall be deemed to have waived his or her request for a prehearing conference.
Indiana Administrative Code › Title 17 - OFFICE OF COMMUNITY AND RURAL AFFAIRS › Article 1 - DEBARMENT PROCEDURE › Rule 3 - Procedure for Debarment › Section 3-3 - Hearing; recommendations

Current through July 10, 2024
Authority: IC  4-4-9.7-7
Affected: IC 4-4
Sec. 3.
(a) A hearing officer, appointed by the director of the office, shall conduct the debarment hearing.
(b) Upon conclusion of the hearing, the hearing officer shall issue recommendations to the director of the office as to the determination of debarment, which shall not exceed three (3) years.
(c) Any interested and affected person may file with the office his or her objections to the entry of such determination in writing within fifteen (15) days thereafter.
Indiana Administrative Code › Title 17 - OFFICE OF COMMUNITY AND RURAL AFFAIRS › Article 1 - DEBARMENT PROCEDURE › Rule 3 - Procedure for Debarment › Section 3-4 - Final order

Current through July 10, 2024
Authority: IC  4-4-9.7-7
Affected: IC 4-4; IC 4-21.5
Sec. 4.
The director of the office, or his or her designee, shall issue a final order under IC 4-21.5.
Indiana Administrative Code › Title 17 - OFFICE OF COMMUNITY AND RURAL AFFAIRS › Article 1 - DEBARMENT PROCEDURE › Rule 3 - Procedure for Debarment › Section 3-5 - Judicial review

Current through July 10, 2024
Authority: IC  4-4-9.7-7
Affected: IC 4-4; IC 4-21.5
Sec. 5.
For any procedure not specifically provided in this article, the provisions of the Administrative Orders and Procedure Act, IC 4-21.5, shall be followed. Any person aggrieved by the final order or determination made by the office shall be entitled to judicial review thereof in accordance with said provisions.
Indiana Administrative Code › Title 20 - STATE BOARD OF ACCOUNTS › Article 1 - FIELD EXAMINERS › Rule 1 - Examination and Appointment; Alteration of Forms by Board › Section 1-1 - Examination; period of effectiveness

Current through July 10, 2024
Authority: IC  5-11-1-8
Affected: IC  5-11-1-7
Sec. 1.
(a) All applicants for appointment as a field examiner shall be required to pass an examination to be held at a time and place fixed by the state board of accounts. All applicants who successfully pass such examination to the satisfaction of the state board of accounts shall thereafter be eligible for appointment as a field examiner for a period of five (5) years from the date when such examination was held and no longer.
(b) Individuals possessing either of the following minimum qualifications shall be deemed to have passed the examination:
(1) Master's degree, baccalaureate degree, or postbaccalaureate certificate (or currently enrolled in final semester of same) with a:
(A) major in accounting; and
(B) cumulative grade point average of 2.8 on a 4.0 scale (or equivalent).
Indiana Administrative Code › Title 20 - STATE BOARD OF ACCOUNTS › Article 1 - FIELD EXAMINERS › Rule 1 - Examination and Appointment; Alteration of Forms by Board › Section 1-2 - Notice of time and place of examination

Current through July 10, 2024
Authority: IC  5-11-1-8
Affected: IC  5-11-1-7; IC  5-11-1-8
Sec. 2.
Notice of the time and place for holding examinations of applicants for examination and appointment as a field examiner shall be given by publication one time in each of two newspapers printed and published in the city of Indianapolis, which publications shall be made not less than thirty days before the date fixed for holding such examination.
Indiana Administrative Code › Title 20 - STATE BOARD OF ACCOUNTS › Article 1 - FIELD EXAMINERS › Rule 1 - Examination and Appointment; Alteration of Forms by Board › Section 1-3 - Applications for examination and appointment

Current through July 10, 2024
Authority: IC  5-11-1-8
Affected: IC  5-11-1-7
Sec. 3.
(a) All applications for examination and appointment as a field examiner shall be:
(1) made on a form prepared and furnished by the state board of accounts; and
(2) filed with the state board of accounts not less than ten (10) days before the date fixed for holding such examination.
Indiana Administrative Code › Title 20 - STATE BOARD OF ACCOUNTS › Article 1 - FIELD EXAMINERS › Rule 1 - Examination and Appointment; Alteration of Forms by Board › Section 1-4 - Preparation of examination

Current through July 10, 2024
Authority: IC  5-11-1-8
Affected: IC  5-11-1-7; IC  5-11-1-8
Sec. 4.
All questions and problems used in the examination of applicants for examination and appointment as a field examiner shall be prepared by and/or under the direct supervision of the State Board of Accounts. Particular care shall be exercised and all necessary safeguards shall be established to prevent any question or problem becoming available, prior to the time of the holding of such examination, to any applicant or to any person other than the members of the State Board of Accounts. The same series of questions and problems shall not be used in any subsequent examination.
Indiana Administrative Code › Title 20 - STATE BOARD OF ACCOUNTS › Article 1 - FIELD EXAMINERS › Rule 1 - Examination and Appointment; Alteration of Forms by Board › Section 1-5 - Criteria for appointment

Current through July 10, 2024
Authority: IC  5-11-1-8
Affected: IC  5-11-1-7
Sec. 5.
All field examiners shall be appointed by the state examiner. Any person appointed as a field examiner shall have previously successfully passed an examination, as provided in section 1 of this rule, and the state examiner in making any such appointment may consider the known and ascertained character, ability, reputation, education, and experience of the applicant for appointment. The decision of the state examiner shall be final.
Indiana Administrative Code › Title 20 - STATE BOARD OF ACCOUNTS › Article 1 - FIELD EXAMINERS › Rule 1 - Examination and Appointment; Alteration of Forms by Board › Section 1-6 - Certificate of appointment; oath; bond

Current through July 10, 2024
Authority: IC  5-11-1-8
Affected: IC  5-11-1-7; IC  5-11-1-8
Sec. 6.
The State Examiner shall issue a certificate of appointment to each field examiner appointed, who shall take and subscribe the oath endorsed on the reverse thereof before the Clerk of the Supreme and Appellate Courts and file a copy thereof with the Secretary of State together with the bond required by law.
Indiana Administrative Code › Title 20 - STATE BOARD OF ACCOUNTS › Article 1 - FIELD EXAMINERS › Rule 1 - Examination and Appointment; Alteration of Forms by Board › Section 1-7 - Certificate of authority

Current through July 10, 2024
Authority: IC  5-11-1-8
Affected: IC  5-11-1-7; IC  5-11-1-8
Sec. 7.
Each state examiner, upon assuming office, shall provide each field examiner with a certificate showing his official character and evidencing his authority for use whenever needed in the discharge of his official duties.
Indiana Administrative Code › Title 20 - STATE BOARD OF ACCOUNTS › Article 1 - FIELD EXAMINERS › Rule 1 - Examination and Appointment; Alteration of Forms by Board › Section 1-8 - Modification of forms

Current through July 10, 2024
Authority: IC  5-11-1-8
Affected: IC  5-11-1-2; IC  5-11-1-6
Sec. 8.
The State Board of Accounts may, from time to time, approve minor alterations and changes in forms prescribed as provided by law upon application by units of government or the proper officer or officers thereof showing the need therefor. Any such approval of alteration or change of prescribed forms shall apply only to the specific approval and shall not be construed as an authorization for general use.
Indiana Administrative Code › Title 20 - STATE BOARD OF ACCOUNTS › Article 3 - DIGITAL SIGNATURES › Rule 1 - Definitions › Section 1-1 - Applicability

Current through July 10, 2024
Authority: IC 5-24-3-4
Affected: IC 5-24
Sec. 1.
The definitions in this rule apply throughout this
				  article.
Expiration postponed by Executive Order #04-31, December
					 29, 2004.
Indiana Administrative Code › Title 20 - STATE BOARD OF ACCOUNTS › Article 3 - DIGITAL SIGNATURES › Rule 1 - Definitions › Section 1-2 - "Approved list of certification authorities" defined

Current through July 10, 2024
Authority: IC 5-24-3-4
Affected: IC 5-24
Sec. 2.
"Approved list of certification authorities" means the list
				  of approved certification authorities maintained by the state board of accounts
				  using the criteria in 20 IAC 3-2-4.
Expiration postponed by Executive Order #04-31, December
					 29, 2004.
Indiana Administrative Code › Title 20 - STATE BOARD OF ACCOUNTS › Article 3 - DIGITAL SIGNATURES › Rule 1 - Definitions › Section 1-3 - "Certificate" defined

Current through July 10, 2024
Authority: IC 5-24-3-4
Affected: IC 5-24
Sec. 3.
"Certificate" means a computer-based record that:
(1) identifies the certification authority
				issuing it;
(2) names or identifies
				its subscriber;
(3) contains the
				subscriber's public key;
(4)
				identifies its operational period;
(5) is digitally signed by the certification
				authority issuing it; and
(6) at a
				minimum, conforms to International Telecommunication Union X.509 version 3
				standards.
Expiration postponed by Executive Order #04-31, December
					 29, 2004.
Indiana Administrative Code › Title 20 - STATE BOARD OF ACCOUNTS › Article 3 - DIGITAL SIGNATURES › Rule 1 - Definitions › Section 1-4 - "Certification authority" defined

Current through July 10, 2024
Authority: IC 5-24-3-4
Affected: IC 5-24
Sec. 4.
"Certification authority" means a trusted third party who
				  generates and issues digital certificates to a person after investigation of
				  the identity of the person and thereby permits others to have a legally
				  enforceable means of assuring the identity of the person by determining that
				  the private key resulting from that person's certificate was used to digitally
				  sign the message.
Expiration postponed by Executive Order #04-31, December
					 29, 2004.
Indiana Administrative Code › Title 20 - STATE BOARD OF ACCOUNTS › Article 3 - DIGITAL SIGNATURES › Rule 1 - Definitions › Section 1-5 - "Certification practice statement" defined

Current through July 10, 2024
Authority: IC 5-24-3-4
Affected: IC 5-24
Sec. 5.
"Certification practice statement" means the documentation of
				  the practices, procedures, and controls employed by a certification
				  authority.
Expiration postponed by Executive Order #04-31, December
					 29, 2004.
Indiana Administrative Code › Title 20 - STATE BOARD OF ACCOUNTS › Article 3 - DIGITAL SIGNATURES › Rule 1 - Definitions › Section 1-6 - "Digital signature" defined

Current through July 10, 2024
Authority: IC 5-24-3-4
Affected: IC 5-24
Sec. 6.
"Digital signature" means an electronic signature that
				  transforms a message using an asymmetric cryptosystem such that a person having
				  the initial message and the signer's public key can accurately determine
				  whether:
(1) the transformation was
				created using the private key that corresponds to the signer's public key;
				and
(2) the initial message has not
				been altered since the transformation was made.
Expiration postponed by Executive Order #04-31, December
					 29, 2004.
Indiana Administrative Code › Title 20 - STATE BOARD OF ACCOUNTS › Article 3 - DIGITAL SIGNATURES › Rule 1 - Definitions › Section 1-7 - "Intelenet system" defined

Current through July 10, 2024
Authority: IC 5-24-3-4
Affected: IC 5-21; IC 5-24
Sec. 7.
"Intelenet system" means the integrated telecommunication
				  networks and information technology services designed, developed, and managed
				  under IC 5-21.
Expiration postponed by Executive Order #04-31, December
					 29, 2004.
Indiana Administrative Code › Title 20 - STATE BOARD OF ACCOUNTS › Article 3 - DIGITAL SIGNATURES › Rule 1 - Definitions › Section 1-8 - "Message" defined

Current through July 10, 2024
Authority: IC 5-24-3-4
Affected: IC 5-24
Sec. 8.
"Message" means a digital representation of information
				  intended to serve as a written communication with the state.
Expiration postponed by Executive Order #04-31, December
					 29, 2004.
Indiana Administrative Code › Title 20 - STATE BOARD OF ACCOUNTS › Article 3 - DIGITAL SIGNATURES › Rule 1 - Definitions › Section 1-9 - "Person" defined

Current through July 10, 2024
Authority: IC 5-24-3-4
Affected: IC 5-24
Sec. 9.
"Person" means:
(1)
				an individual;
(2) a
				corporation;
(3) a
				partnership;
(4) an
				association;
(5) a limited
				liability company; or
(6) other
				legal entity.
Expiration postponed by Executive Order #04-31, December
					 29, 2004.
Indiana Administrative Code › Title 20 - STATE BOARD OF ACCOUNTS › Article 3 - DIGITAL SIGNATURES › Rule 1 - Definitions › Section 1-10 - "Private key" defined

Current through July 10, 2024
Authority: IC 5-24-3-4
Affected: IC 5-24
Sec. 10.
"Private key" means the key of a key pair used to create a
				  digital signature.
Expiration postponed by Executive Order #04-31, December
					 29, 2004.
Indiana Administrative Code › Title 20 - STATE BOARD OF ACCOUNTS › Article 3 - DIGITAL SIGNATURES › Rule 1 - Definitions › Section 1-11 - "Public key" defined

Current through July 10, 2024
Authority: IC 5-24-3-4
Affected: IC 5-24
Sec. 11.
"Public key" means the key of a key pair used to verify a
				  digital signature.
Expiration postponed by Executive Order #04-31, December
					 29, 2004.
Indiana Administrative Code › Title 20 - STATE BOARD OF ACCOUNTS › Article 3 - DIGITAL SIGNATURES › Rule 1 - Definitions › Section 1-12 - "Signer" defined

Current through July 10, 2024
Authority: IC 5-24-3-4
Affected: IC 5-24
Sec. 12.
"Signer" means the person who digitally signed a message with
				  the use of acceptable digital signature technology to uniquely link the message
				  with the person sending it.
Expiration postponed by Executive Order #04-31, December
					 29, 2004.
Indiana Administrative Code › Title 20 - STATE BOARD OF ACCOUNTS › Article 3 - DIGITAL SIGNATURES › Rule 1 - Definitions › Section 1-13 - "State" defined

Current through July 10, 2024
Authority: IC 5-24-3-4
Affected: IC 5-24
Sec. 13.
"State" means the state of Indiana and includes a state
				  agency.
Expiration postponed by Executive Order #04-31, December
					 29, 2004.
Indiana Administrative Code › Title 20 - STATE BOARD OF ACCOUNTS › Article 3 - DIGITAL SIGNATURES › Rule 1 - Definitions › Section 1-14 - "State agency" defined

Current through July 10, 2024
Authority: IC 5-24-3-4
Affected: IC 4-13-1-1; IC 5-24
Sec. 14.
"State agency" has the meaning set forth in IC
				  4-13-1-1.
Expiration postponed by Executive Order #04-31, December
					 29, 2004.
Indiana Administrative Code › Title 20 - STATE BOARD OF ACCOUNTS › Article 3 - DIGITAL SIGNATURES › Rule 1 - Definitions › Section 1-15 - "Technology" defined

Current through July 10, 2024
Authority: IC 5-24-3-4
Affected: IC 5-24
Sec. 15.
"Technology" means the computer hardware and/or
				  software-based method or process used to create digital
				  signatures.
Expiration postponed by Executive Order #04-31, December
					 29, 2004.
Indiana Administrative Code › Title 20 - STATE BOARD OF ACCOUNTS › Article 3 - DIGITAL SIGNATURES › Rule 2 - General Provisions › Section 2-1 - Acceptable use of digital signatures

Current through July 10, 2024
Authority: IC 5-24-3-4
Affected: IC 5-24
Sec. 1.
(a) A digital
				signature is valid when:
(1) created by
				acceptable digital signature technology;
(2) successfully transmitted through the
				Intelenet system; and
(3) used with
				the state or a state agency except:
(A) the
				judicial branch;
(B) the
				legislative branch;
(C) a state
				educational institution (as defined in IC 20-12-0.5-1
[IC 20-12 was
				repealed by P.L. 2-2007, SECTION 390, effective July 1, 2007.]
);
				and
(D) offices of:
(i) the secretary of state;
(ii) the auditor;
(iii) the treasurer;
(iv) the attorney general;
(v) the superintendent of public instruction;
				and
(vi) the clerk of the supreme
				court.
Indiana Administrative Code › Title 20 - STATE BOARD OF ACCOUNTS › Article 3 - DIGITAL SIGNATURES › Rule 2 - General Provisions › Section 2-2 - Criteria for acceptable digital signature technology

Current through July 10, 2024
Authority: IC 5-24-3-4
Affected: IC 5-24
Sec. 2.
A digital signature on a message received by or filed with
				  the state shall be effective if the digital signature technology used to create
				  the digital signature enables it to meet the following criteria:
(1) It is unique to the person using it,
				including the following:
(A) The private key
				used to create the signature on the message is only required to be known by the
				signer.
(B) The digital signature
				is created when the signer runs a message through a one-way function, creating
				a message digest, then encrypting the resulting message digest using an
				asymmetrical cryptosystem and the signer's private key.
(C) The signer has been issued a certificate
				by a certification authority on the approved list of certification authorities
				to certify that he or she controls the private key used to create the
				signature.
(D) It is
				computationally infeasible to derive the private key from knowledge of the
				public key.
Indiana Administrative Code › Title 20 - STATE BOARD OF ACCOUNTS › Article 3 - DIGITAL SIGNATURES › Rule 2 - General Provisions › Section 2-3 - Acceptable digital signature technology

Current through July 10, 2024
Authority: IC 5-24-3-4
Affected: IC 5-24
Sec. 3.
The technology known as public key cryptography is the
				  acceptable digital signature technology for use by persons dealing with the
				  state through the Intelenet system provided that the digital signature is
				  created consistent with the provisions in section 2 of this
				  rule.
Expiration postponed by Executive Order #04-31, December
					 29, 2004.
Indiana Administrative Code › Title 20 - STATE BOARD OF ACCOUNTS › Article 3 - DIGITAL SIGNATURES › Rule 2 - General Provisions › Section 2-4 - Digital signature certification authorities

Current through July 10, 2024
Authority: IC 5-24-3-4
Affected: IC 5-24
Sec. 4.
(a) The state
				board of accounts shall maintain an approved list of certification authorities
				authorized to issue certificates for digitally signed communication with the
				state and shall make the list available to persons wishing to deal
				electronically with the state.
(b)
				The Intelenet system shall only accept certificates from certification
				authorities that appear on the approved list of certification
				authorities.
(c) The state board of
				accounts shall place a certification authority on the approved list of
				certification authorities after the certification authority provides the state
				board of accounts with either of the following:
(1) A copy of an unqualified performance
				audit performed in accordance with standards set in the American Institute of
				Certified Public Accountants (AICPA) Statement on Auditing Standards No. 70
				(SAS 70) to ensure that the certification authority's practices and policies
				are consistent with the requirements of the certification authority's
				certification practice statement and section 2 of this rule. A certification
				authority that has been in operation for:
(A)
				one (1) year or less shall undergo an SAS 70 Type One audit, A Report of
				Policies and Procedures Placed in Operation, receiving an unqualified opinion;
				or
(B) longer than one (1) year
				shall undergo an SAS 70 Type Two audit, A Report of Policies and Procedures
				Placed in Operation and Test of Operating Effectiveness, receiving an
				unqualified opinion.
Indiana Administrative Code › Title 20 - STATE BOARD OF ACCOUNTS › Article 3 - DIGITAL SIGNATURES › Rule 2 - General Provisions › Section 2-5 - Retention of certificates

Current through July 10, 2024
Authority: IC 5-24-3-4
Affected: IC 5-24
Sec. 5.
All digitally signed messages received by the state in
				  accordance with this rule, as well as any information resources necessary to
				  permit access to the message and to verify the digital signature, shall be
				  retained by the state as necessary to comply with applicable law pertaining to
				  records retention requirements for that message as established by the
				  commission on public records.
Expiration postponed by Executive Order #04-31, December
					 29, 2004.
Indiana Administrative Code › Title 20 - STATE BOARD OF ACCOUNTS › Article 3 - DIGITAL SIGNATURES › Rule 2 - General Provisions › Section 2-6 - Digital signature repudiation

Current through July 10, 2024
Authority: IC 5-24 3-4
Affected: IC 5-24
Sec. 6.
It is the responsibility of the rightful holder of the
				  private key to maintain the private key's security. Repudiation of a digitally
				  signed and transmitted message may only occur by the determination of a court
				  of competent jurisdiction that the private key of the rightful holder was
				  compromised through no fault of the rightful holder and without knowledge on
				  the part of the rightful holder. It is the legal prerequisite for a claim of
				  repudiation that the repudiator have filed a notice of revocation with the
				  certification authority prior to making the claim of
				  repudiation.
Expiration postponed by Executive Order #04-31, December
					 29, 2004.
Indiana Administrative Code › Title 20 - STATE BOARD OF ACCOUNTS › Article 3 - DIGITAL SIGNATURES › Rule 2 - General Provisions › Section 2-7 - Electronic submission of information

Current through July 10, 2024
Authority: IC 5-24-3-4
Affected: IC 5-24; IC 13-14-13-2
Sec. 7.
Electronic submission of information that meets the
				  requirements of 40 CFR 3 shall be deemed to satisfy the standards referred to
				  in IC 13-14-13-2(1).
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 1.1 - STATE PROCUREMENT › Rule 1 - General Provisions › Section 1-1 - Definitions

Current through July 10, 2024
Authority: IC
				  4-13-1.3-4
Affected: IC 5-22-2
Sec. 1.
The requirements of IC 5-22 do not apply to employment
				  agreements.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 1.1 - STATE PROCUREMENT › Rule 1 - General Provisions › Section 1-2 - Competitive sealed bids; bid guarantee

Current through July 10, 2024
Authority: IC
				  4-13-1.3-4
Affected: IC 5-22-7; IC 5-22-7.3; IC 5-22-16
Sec. 2.
At the discretion of the department, bidders may be required
				  to submit, with their bid, a bid guarantee in the form of a certified check, a
				  cashiers' check, or a bond acquired from a surety company authorized to do
				  business in the State of Indiana. If such is required, the amount of the bid
				  guarantee shall be specified in the Invitation to Bid. Bid guarantees will be
				  returned to bidders, upon request, after an award has been made or the
				  solicitation has been cancelled.
At the discretion of the department, a successful bidder may
				  be required to submit, after the award has been made, a performance guarantee
				  in the form of a certified check, a cashiers' check, or a bond acquired from a
				  surety company authorized to do business in the State of Indiana. If such is
				  required, the amount of the performance guarantee and the time that it must be
				  submitted shall be specified in the Invitation to Bid. Performance guarantees
				  will be returned, upon request, at the successful completion of the contract.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 1.1 - STATE PROCUREMENT › Rule 1 - General Provisions › Section 1-3 - Competitive sealed bids; public inspection

Current through July 10, 2024
Authority: IC
				  4-13-1.3-4
Affected: IC 5-22-7; IC 5-22-7.3
Sec. 3.
The following information shall be subject to public
				  inspection after the contract award:
(a) The invitation for bids;
(b) A list of all vendors who received the
				invitation for bids;
(c) The name
				and address of each bidder;
(d) The
				amount of each bid;
(e) A record
				showing the name of the successful bidder, the dollar amount of the bid, and
				the basis on which the award was made;
(f) The entire contents of the contract file
				except for proprietary information which may have been included with a bid such
				as:
(1) trade secrets,
(2) manufacturing processes,
(3) financial information not otherwise
				publicly available, or
(4) other
				data which does not bear on the competitive goals of public procurement, which
				was not required by the terms of the invitation for bids itself to be made
				available for public inspection. A bidder shall identify information which he
				proposes to remain confidential and bind it separately from the remainder of
				his bid.
Requests for public disclosure of information which a bidder
				  has identified as proprietary shall be made to the department in writing. The
				  department shall examine the information to determine the validity of the
				  bidder's request for confidentiality and shall inform the bidder of his
				  decision, which decision shall become a part of the contract
				  file.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 1.1 - STATE PROCUREMENT › Rule 1 - General Provisions › Section 1-4 - Competitive sealed bids; withdrawal

Current through July 10, 2024
Authority: IC
				  4-13-1.3-4
Affected: IC 5-22-7; IC 5-22-7.3
Sec. 4.
Withdrawal of a bid shall be permitted before the exact date
				  and hour for submission of bids, either by an agent of the bidder bearing
				  proper authorization and identification who shall receive and sign for the
				  unopened bid packet, or by the timely receipt of a certified letter or
				  electronic mail from the bidder.
A bid already submitted may be modified by withdrawal of the
				  bid as provided above and resubmission of the modified bid before the exact
				  date and hour for submission of bids. The bid may also be modified by the
				  timely receipt of a certified letter or electronic mail from the bidder.
Neither the staff nor the facilities of the department of
				  administration shall be available to a bidder desiring to make
				  modifications.
The Commissioner has the authority to cancel awards or
				  contracts based on bid mistakes when it is determined that such action is in
				  the best interest of the state. Such action shall be supported by a written
				  determination made by the Commissioner.
This rule
[this section]
shall also apply to
				  competitive sealed proposals.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 1.1 - STATE PROCUREMENT › Rule 1 - General Provisions › Section 1-5 - Competitive sealed proposals; bid guarantee

Current through July 10, 2024
Authority: IC
				  4-13-1.3-4
Affected: IC 5-22-9; IC 5-22-16
Sec. 5.
At the discretion of the department, offerors may be
				  required to submit, with their proposal, a proposal guarantee in the form of a
				  certified check, a cashiers' check, or a bond acquired from a surety company
				  authorized to do business in the State of Indiana. If such is required, the
				  amount of the proposal guarantee shall be specified in the Request for
				  Proposals (RFPs). Proposal guarantees will be returned to offerors, upon
				  request, after the execution of the contract.
At the discretion of the department, a successful offeror may
				  be required to submit, after the award has been made, a performance guarantee
				  in the form of a certified check, a cashiers' check, or a bond acquired from a
				  surety company authorized to do business in the State of Indiana. If such is
				  required, the amount of the performance guarantee and the time that it must be
				  submitted shall be specified in the Request for Proposals. Performance
				  guarantees will be returned, upon request, at the successful completion of the
				  contract.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 1.1 - STATE PROCUREMENT › Rule 1 - General Provisions › Section 1-6 - Competitive sealed proposals; public inspection

Current through July 10, 2024
Authority: IC
				  4-13-1-7; IC 5-22-3
Affected: IC 5-22-9
Sec. 6.
(a) The
				following information shall be subject to public inspection after the contract
				award:
(1) The request for proposals
				(RFP).
(2) A list of all vendors
				who received the RFP.
(3) The name
				and address of each offeror.
(4)
				The amount of each offer.
(5) A
				record showing the following:
(A) The name of
				the successful offeror.
(B) The
				dollar amount of the offer.
(C) The
				basis on which the award was made.
(6) The entire contents of the contract file
				except for proprietary information that may have been included with an offer,
				such as:
(A) trade secrets;
(B) manufacturing processes;
(C) financial information not otherwise
				publicly available; or
(D) other
				data that does not bear on the competitive goals of public procurement that was
				not required by the terms of the RFP itself to be made available for public
				inspection.
An offeror shall identify information that he or she proposes
				  to remain confidential and bind it separately from the remainder of his or her
				  offer.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 1.1 - STATE PROCUREMENT › Rule 1 - General Provisions › Section 1-7 - Competitive sealed proposals; clarification

Current through July 10, 2024
Authority: IC
				  4-13-1-7; IC 5-22-3
Affected: IC 5-22-9
Sec. 7.
(a) As
				provided for in the request for proposals (RFP), discussions and negotiations
				may be conducted with responsible offerors for any appropriate
				purpose.
(b) The only factors or
				criteria that may be used in the evaluation of proposals are those specified in
				the RFP. The requirements of the RFP shall not be altered.
(c) After identification of the responsible
				offeror whose proposal appears to be the most advantageous to the state, the
				state will enter into contract preparation activities with the offeror. If at
				any time the contract preparation activities are judged to be ineffective, the
				state may do the following:
(1) Cease all
				activities with that offeror.
(2)
				Begin contract preparation activities with the next highest ranked offeror.
This process may continue until a completed contract is
				  executed. The state reserves the right to cease all contract preparation
				  activities at any time and to reject all proposals if the action is determined
				  by the commissioner to be in the best interest of the state.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 1.1 - STATE PROCUREMENT › Rule 1 - General Provisions › Section 1-9 - Small purchases

Current through July 10, 2024
Authority: IC
				  4-13-1.3-4
Affected: IC
				  5-22-8-2
Sec. 9.
All purchases for which the amount of the ultimate
				  expenditure is estimated not to exceed the amount set out in IC
				  5-22-8-2(a)
				   may be made either upon competitive sealed
				  bids or in the open market, at the discretion of the Director. If made in the
				  open market, a manually signed quote must be secured and shall be filed with
				  the requisition. If practicable, two or three quotes shall be secured, but
				  failure to do so shall not prevent the purchase from being made.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 1.1 - STATE PROCUREMENT › Rule 1 - General Provisions › Section 1-10 - Sole source procurement

Current through July 10, 2024
Authority: IC
				  4-13-1.3-4
Affected: IC 5-22-8; IC 5-22-10
Sec. 10.
(a) In
				instances where the compatibility of equipment, accessories or replacement
				parts is the paramount consideration, a contract may be awarded without formal
				competition when the Commissioner states in writing his determination that
				there is only one (1) source which meets the agency's reasonable requirements,
				on the basis of a written justification submitted by the head of the state
				agency desiring to procure such supplies.
(b) In the case of high technology supplies,
				or a combination of supplies and services, such as word processing systems, a
				contract may be awarded without formal competition when the commissioner states
				in writing his determination that there is only one (1) source which meets the
				agency's reasonable requirements, on the basis of a specific written
				recommendation by the data processing division of the department of
				administration, developed as the result of a formal analysis of the state
				agency's needs undertaken by the division which meets the criteria established
				by the division, including cost factors.
(c) In the case of services not to exceed
				fifty thousand dollars ($50,000), a contract may be awarded without formal
				competition when the Commissioner states in writing that there is only one (1)
				source which meets the agency's reasonable requirements, on the basis of a
				written justification submitted by the head of the state agency desiring to
				procure such services.
(d) A
				contract may be awarded for a supply or service without competition in other
				instances when the Commissioner states in writing that there is only one (1)
				source for the required supply or service.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 1.1 - STATE PROCUREMENT › Rule 1 - General Provisions › Section 1-11 - Emergency procurements

Current through July 10, 2024
Authority: IC
				  4-13-1.3-4
Affected: IC 5-22-10
Sec. 11.
An emergency condition is a situation which creates a threat
				  to the public health, welfare or safety such as may arise by reason of floods,
				  epidemics, riots, equipment failures, or such other reason as may be proclaimed
				  by the Governor, or determined by the Commissioner. The existence of such
				  conditions create an immediate and serious need for supplies or services that
				  cannot be met through normal procurement methods, and the lack of which would
				  seriously threaten:
(1) the
				functioning of state government;
(2) the preservation or protection of property; or
(3) the health or safety of any
				person.
Any state agency may make emergency procurements of up to
				  $1,500 for the repair of moveable equipment without prior Department of
				  Administration approval when an emergency condition, as defined above, arises
				  and the need cannot be met through normal procurement methods. Whenever
				  practical, however, approval by the Commissioner or department shall be
				  obtained prior to the procurement. Emergency procurements of $1,500 or more
				  require the prior approval of the Commissioner or department, either in writing
				  or orally followed by written confirmation.
The procurement procedure used shall be selected to assure
				  that the required supplies or services can be procured in time to meet the
				  emergency. Given this constraint, such competition as is practicable shall be
				  obtained. The agency head shall make a written determination stating the basis
				  for an emergency procurement and for the selection of the particular
				  contractor. Such determination shall be sent promptly to the department.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 1.1 - STATE PROCUREMENT › Rule 1 - General Provisions › Section 1-12 - Procurement by federal supply service schedules

Current through July 10, 2024
Authority: IC
				  4-13-1.3-4
Affected: IC 5-22-10
Sec. 12.
(a)
				"Procurement" from federal supply service schedules includes buying,
				purchasing, renting, leasing, or otherwise acquiring any supplies or
				services.
(b) Any vendor listed on
				the current federal supply service schedules who is willing to make those
				prices available to the State for a fixed period of time shall make this
				availability known to the department by filing with him a form available from
				the Procurement Division and receiving an identifying number.
(c) In the event the Commissioner determines
				in writing that it is advantageous to the State's interests in efficiency and
				economy to procure an agency's request for specified supplies or services from
				federal supply service schedules rather than to conduct a competitive
				procurement, the department shall select from the schedules the available (as
				specified above) vendor whose supplies or services best meet the agency's
				criteria and offer the best value to the State and shall enter into a contract
				with said vendor to meet the agency's request.
(d) In the event no appropriate vendor has
				filed with the Division, the department may contact up to three scheduled
				vendors whose supplies or services best meet the agency's criteria and offer
				the best value to the State and invite them to file. The department shall make
				his selection from the vendors who file pursuant to this request within a
				specified period of time. In the event no vendor files, a selection process
				other than IC
				5-22-10-14
				shall be used.
(e) In making a
				selection among vendors listed on the schedules on any basis other than price,
				the department shall justify his selection in writing.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 1.1 - STATE PROCUREMENT › Rule 1 - General Provisions › Section 1-13 - Cancellation or rejection of solicitations

Current through July 10, 2024
Authority: IC
				  4-13-1.3-4
Affected: IC 5-22-7; IC 5-22-7.3; IC 5-22-16; IC 5-22-16.5;
				  IC 5-22-18
Sec. 13.
(a) Prior
				to opening, a solicitation may be cancelled in whole or in part when the
				Commissioner or department determines in writing that such action is in the
				best interest of the State for reasons including, but not limited to:
(1) The State no longer requires the supplies
				or services;
(2) The State no
				longer can reasonably expect to fund the procurement;
(3) Proposed amendments to the solicitation
				would be of such magnitude that a new solicitation is desirable.
When a solicitation is cancelled prior to opening, notice of
				  cancellation shall be sent to all businesses which have received a
				  solicitation.
The notice of cancellation shall:
(a) identify the solicitation, and
(b) cite the reason for cancellation.
The reason for cancellation shall be made part of the
				  procurement file and shall be available for public inspection.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 1.1 - STATE PROCUREMENT › Rule 1 - General Provisions › Section 1-14 - Qualifications and duties of bidders, offerors, and prospective contractors; determination of nonresponsible bidder

Current through July 10, 2024
Authority: IC
				  4-13-1.3-4
Affected: IC 5-22
Sec. 14.
(a) As
				follows, factors to be considered in determining whether the standard of
				responsibility has been met include whether a prospective contractor has:
(1) Available the:
(A) appropriate:
(i) financial;
(ii) material;
(iii) equipment;
(iv) facility; and
(v) personnel resources and expertise;
				or
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 1.1 - STATE PROCUREMENT › Rule 1 - General Provisions › Section 1-15 - Cost or pricing data; contractor certification

Current through July 10, 2024
Authority: IC
				  4-13-1.3-4
Affected: IC 5-22-20
Sec. 15.
Except in cases:
(a) where the contract price is based on
				adequate price competition;
(b)
				where the contract price is based on established catalog prices or market
				prices;
(c) where the contract
				prices are set by law or rule; or
(d) where the department makes a
				determination that these requirements may be waived and the reasons for the
				waiver are stated in writing; the following requirements shall apply.
An offeror submitting a competitive sealed proposal must
				  submit cost or pricing data which it certifies is accurate, complete and
				  current as of a mutually agreed date prior to the date of the pricing of any
				  contract awarded pursuant to a Request for Proposals, where the total contract
				  price is expected to exceed $50,000.
A proposed sole source contractor must submit cost or pricing
				  data which it certifies is accurate, complete and current as of a mutually
				  agreed date prior to the date of the pricing of any contract awarded pursuant
				  to the sole source provisions of the law, where the total contract price is
				  expected to exceed $25,000.
A contractor who wishes to obtain a change order or
				  modification pursuant to IC 5-22-20 must submit cost or pricing data which it
				  certifies is accurate, complete and current as of a mutually agreed date prior
				  to the date of the pricing of any change order or contract modification,
				  whenever the original contract price exceeds $50,000 and the amount of the
				  change order or contract modification is expected to exceed $5,000.
The department may require the submission of certified cost
				  or pricing data prior to contract award in cases where only one qualified bid
				  is received in response to an invitation for bids.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 1.1 - STATE PROCUREMENT › Rule 1 - General Provisions › Section 1-16 - Types of contracts; prohibited contracts

Current through July 10, 2024
Authority: IC
				  4-13-1.3-4
Affected: IC 5-22-17
Sec. 16.
(a) Any
				type of contract not otherwise prohibited by law, except a cost plus a
				percentage of cost contract, may be used; however, a firm fixed price contract
				is preferred. Any other type of contract may be used only when the department
				or commissioner determines that its use is in Indiana's best interest. Any
				solicitation shall include notice of the contract terms and
				conditions.
(b) The following are
				among the factors that may be considered in selecting a contract type:
(1) The type or complexity of the supply or
				service being procured.
(2) The
				difficulty of estimating performance costs, such as the inability of Indiana to
				do any of the following:
(A) Develop
				definitive specifications.
(B)
				Identify the risks to the contractor inherent in the nature of the work to be
				performed.
(C) Otherwise establish
				clearly the requirements of the contract.
(3) The administrative costs to both
				parties.
(4) The degree to which
				Indiana must provide technical coordination during the performance of the
				contract.
(5) The effect of the
				choice type on the amount of compensation to be expected.
(6) The stability of material or commodity
				market prices or wage levels.
(7)
				The urgency of the requirement.
(8)
				The length of contract performance.
(9) Federal requirements.