§ 36-7.5-2-8 — Public purchasing and public works project laws apply; alternatives; commuter transportation district exercise of development authority's powers and duties

Indiana § 36-7.5-2-8

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 7.5: NORTHWEST INDIANA REGIONAL
• Ch. 2: Development Authority and Board

Text

(a) Except as provided in subsection (c), the
development authority must comply with IC 5-22 (public purchasing),
IC 36-1-12 (public work projects), and any applicable federal bidding
statutes and regulations. An eligible political subdivision that receives
a loan, a grant, or other financial assistance from the development
authority or enters into a lease with the development authority must
comply with applicable federal, state, and local public purchasing and
bidding law and regulations. However, a purchasing agency (as defined
in IC 5-22-2-25) of an eligible political subdivision may:
(1) assign or sell a lease for property to the development
authority; or
(2) enter into a lease for property with the development authority;
at any price and under any other terms and conditions as may be
determined by the eligible political subdivision and the development
authority. However, before making an assignment or sale of a lease or
entering into a lease under this section that would otherwise be subject
to IC 5-22, the eligible political subdivision or its purchasing agent
must obtain or cause to be obtained a purchase price for the property
to be subject to the lease from the lowest responsible and responsive
bidder in accordance with the requirements for the purchase of supplies
under IC 5-22.
(b) In addition to the provisions of subsection (a), with respect to
projects undertaken by the authority, the authority shall set a goal for
participation by minority business enterprises of fifteen percent (15%)
and women's business enterprises of five percent (5%), consistent with
the goals of delivering the project on time and within the budgeted
amount and, insofar as possible, using Indiana businesses for
employees, goods, and services. In fulfilling the goal, the authority
shall take into account historical precedents in the same market.
(c) As an alternative to IC 36-1-12, the development authority may
utilize and may comply with:
(1) IC 5-16;
(2) IC 5-23;
(3) IC 5-30;
(4) IC 5-32; or
(5) any combination of the articles listed in subdivisions (1)
through (4) as determined by the development authority as
appropriate;
when acquiring, financing, and constructing a public work that is a
development project (as defined in IC 36-7.5-4.5-5).
(d) The development authority may:
(1) contract with;
(2) assign to; or
(3) delegate to;
a commuter transportation district to perform any duties and exercise
any powers of the development authority under this chapter.

Legislative History

As added by P.L.214-2005, SEC.73. Amended by P.L.252-2015, SEC.48; P.L.189-2018, SEC.167; P.L.10-2019, SEC.136.