§ 5-22-15-20 — Preferences to Indiana businesses; rules

Indiana § 5-22-15-20

• Jurisdiction: Indiana
• Title 5: STATE AND LOCAL ADMINISTRATION
• Art. 22: PUBLIC PURCHASING
• Ch. 15: Purchasing Preferences

Text

(a) This section does not apply to the state
lottery commission created by IC 4-30-3-1.
(b) As used in this section, "out-of-state business" refers to a
business that is not an Indiana business.
(c) A governmental body may adopt rules to give a preference to an
Indiana business that submits an offer for a purchase under this article
if all of the following apply:
(1) An out-of-state business submits an offer for the purchase.
(2) The out-of-state business is a business from a state that gives
purchase preferences unfavorable to Indiana businesses.
(d) Rules adopted under subsection (c) must establish criteria for
determining the following:
(1) Whether an offeror qualifies as an Indiana business under the
rules.
(2) When another state's preference is unfavorable to Indiana
businesses.
(3) The method by which the preference for Indiana businesses is
to be computed.
(e) Rules adopted under subsection (c) may not give a preference to
an Indiana business that is more favorable to the Indiana business than
the other state's preference is to the other state's businesses.
(f) Rules adopted under subsection (c) must provide that a contract
shall be awarded to the lowest responsive and responsible offeror,
regardless of the preference provided under this section, if:
(1) the offeror is an Indiana business; or
(2) the offeror is a business from a state bordering Indiana and the
offeror's home state does not provide a preference to the home
state's businesses more favorable than is provided by Indiana law
to Indiana businesses.

Legislative History

As added by P.L.49-1997, SEC.1. Amended by P.L.66-2004, SEC.3.