§ 5-22-15-20.5 — "Indiana business"; criteria; price preferences; awarding of contracts; exception

Indiana § 5-22-15-20.5

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

Text

5. (a) This section applies only to a contract
awarded by a state agency.
(b) As used in this section, "Indiana business" refers to any of the
following:
(1) A business whose principal place of business is located in
Indiana.
(2) A business that pays a majority of its payroll (in dollar
volume) to residents of Indiana.
(3) A business that employs Indiana residents as a majority of its
employees.
(4) A business that makes significant capital investments in
Indiana.
(5) A business that has a substantial positive economic impact on
Indiana as defined by criteria developed under subsection (c).
(c) The Indiana department of administration shall consult with the
Indiana economic development corporation in developing criteria for
determining whether a business is an Indiana business under subsection
(b). The Indiana department of administration may consult with the
Indiana economic development corporation to determine whether a
particular business meets the requirements of this section and the
criteria developed under this subsection.
(d) There are the following price preferences for supplies purchased
from an Indiana business:
(1) Five percent (5%) for a purchase expected by the state agency
to be less than five hundred thousand dollars ($500,000).
(2) Three percent (3%) for a purchase expected by the state
agency to be at least five hundred thousand dollars ($500,000) but
less than one million dollars ($1,000,000).
(3) One percent (1%) for a purchase expected by the state agency
to be at least one million dollars ($1,000,000).
(e) If an Indiana business offers to provide supplies manufactured,
assembled, or produced in Indiana, and if two (2) or more bids
submitted were the same, the following price preference is available to
the Indiana business, in addition to the price preference available under
subsection (d):
(1) Three percent (3%) for a purchase expected by the state
agency to be less than five hundred thousand dollars ($500,000).
(2) Two percent (2%) for a purchase expected by the state agency
to be at least five hundred thousand dollars ($500,000) but less
than one million dollars ($1,000,000).
(3) One percent (1%) for a purchase expected by the state agency
to be at least one million dollars ($1,000,000).
The Indiana department of administration shall adopt rules under IC 4-22-2 to establish guidelines for determining when supplies are
manufactured or assembled in Indiana.
(f) A business that wants to claim a preference provided under this
section must do all of the following:
(1) State in the business's bid that the business claims the
preference provided by this section.
(2) Provide the following information to the department:
(A) The location of the business's principal place of business.
If the business claims the preference as an Indiana business
described in subsection (b)(1), a statement explaining the
reasons the business considers the location named as the
business's principal place of business.
(B) The amount of the business's total payroll and the amount
of the business's payroll paid to Indiana residents.
(C) The number of the business's employees and the number of
the business's employees who are Indiana residents.
(D) If the business claims the preference as an Indiana business
described in subsection (b)(4), a description of the capital
investments made in Indiana and a statement of the amount of
those capital investments.
(E) If the business claims the preference as an Indiana business
described in subsection (b)(5), a description of the substantial
positive economic impact the business has on Indiana.

Legislative History

As added by P.L.66-2004, SEC.4. Amended by P.L.4-2005, SEC.33; P.L.123-2009, SEC.1; P.L.122-2011, SEC.3.