§ 5-22-13-6 — Qualified agency withdrawal from pilot project; award of quantity purchase agreement for products and services; conditions

Indiana § 5-22-13-6

• Jurisdiction: Indiana
• Title 5: STATE AND LOCAL ADMINISTRATION
• Art. 22: PUBLIC PURCHASING
• Ch. 13: Purchases From Qualified Nonprofit Agencies for

Text

(a) This section applies to a qualified agency
that:
(1) participates in or, before January 1, 2022, participated in a
pilot project; and
(2) before the qualified agency's participation in the pilot project,
had a QPA awarded by the department to sell supplies or services
directly to governmental bodies that the qualified agency
currently sells through the third party contractor under the pilot
project.
(b) As used in this section, "department" refers to the Indiana
department of administration created by IC 4-13-1-2.
(c) As used in this section, "pilot project" refers to a project
established by the department through which a qualified agency sells
supplies or services covered by this chapter to governmental bodies
through a third party contractor that has been awarded a contract by the
department under this article.
(d) As used in this section, "QPA" refers to a quantity purchase
agreement.
(e) After a qualified agency withdraws from the pilot project, at the
request of the qualified agency, the department shall award to the
qualified agency a QPA for the same supplies or services that the
qualified agency provided through the third party contractor. The
department shall award a QPA to the qualified agency not later than
thirty (30) days after the date of the qualified agency's request.
(f) The department shall award a QPA to the qualified agency:
(1) without requiring a new procurement under this article; and
(2) under the same terms and conditions, except for pricing, under
which the qualified agency previously had a QPA with the
department;
if the qualified agency agrees to provide the same supplies or services
at a price less than the price provided for the supplies or services under
the pilot project as of January 1 of the year the qualified agency
withdraws from the pilot project.
(g) Section 5(b) of this chapter applies to the prices for the supplies
and services of the QPA awarded under subsection (f).
(h) This section does not release a qualified agency from any
contractual obligations that it might otherwise owe to the third party
contractor.

Legislative History

As added by P.L.166-2022, SEC.2.