§ 5-22-14-3 — Rules; businesses that are not small businesses

Indiana § 5-22-14-3

• Jurisdiction: Indiana
• Title 5: STATE AND LOCAL ADMINISTRATION
• Art. 22: PUBLIC PURCHASING
• Ch. 14: Small Business Set-Aside Purchases

Text

(a) A governmental body may adopt rules to
implement this chapter. The Indiana department of administration shall
adopt rules under IC 4-22-2 to implement this chapter.
(b) The rules adopted by a governmental body must establish
criteria for determining qualifications as a small business. In
establishing criteria, the rules may use any standards established for
determination of small business status that are used by an agency of the
federal government. A governmental body may also receive assistance
from the Indiana economic development corporation to establish
criteria or to implement the rules.
(c) The rules adopted by a governmental body may consider the
number of employees employed by an offeror and the dollar volume of
the offeror's business. The rules must provide that when computing the
size of an offeror, the annual sales and receipts of the offeror and all of
its affiliates must be included.
(d) The rules adopted by a governmental body must include the
following criteria:
(1) A wholesale business is not a small business if its annual sales
for its most recently completed fiscal year exceed four million
dollars ($4,000,000).
(2) A construction business is not a small business if its average
annual receipts for the preceding three (3) fiscal years exceed four
million dollars ($4,000,000).
(3) A retail business or business selling services is not a small
business if its annual sales and receipts exceed five hundred
thousand dollars ($500,000).
(4) A manufacturing business, defined as a business that
processes raw materials or parts into finished goods, is not a small
business if it employs more than one hundred (100) persons or its
annual sales for its most recently completed fiscal year exceed
four million dollars ($4,000,000).
(5) A business in any of the following sectors is not a small
business if it employs more than one hundred (100) persons or if
its annual sales exceed five million dollars ($5,000,000):
(A) Information technology.
(B) Life sciences.
(C) Transportation.
(D) Logistics.

Legislative History

As added by P.L.49-1997, SEC.1. Amended by P.L.4-2005, SEC.31; P.L.160-2006, SEC.10; P.L.50-2022, SEC.1.