§ 5-22-15-20.9 — Price preferences for local Indiana businesses

Indiana § 5-22-15-20.9

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

Text

9. (a) This section applies only to a contract
awarded by a political subdivision if the political subdivision provides
in the solicitation that this section applies to the purchase.
(b) As used in this section, "affected county" refers to an Indiana
county:
(1) in which the political subdivision awarding a contract under
this article is located; or
(2) that is adjacent to the county described in subdivision (1).
(c) As used in this section, "local Indiana business" refers to any of
the following:
(1) A business whose principal place of business is located in an
affected county.
(2) A business that pays a majority of its payroll (in dollar
volume) to residents of affected counties.
(3) A business that employs residents of affected counties as a
majority of its employees.
(4) A business that makes significant capital investments in the
affected counties as defined in rules adopted by the political
subdivision.
(5) A business that has a substantial positive economic impact on
the affected counties as defined by criteria in rules adopted by the
political subdivision.
(d) There are the following price preferences for supplies purchased
from a local Indiana business:
(1) Five percent (5%) for a purchase expected by the purchasing
agency to be less than fifty thousand dollars ($50,000).
(2) Three percent (3%) for a purchase expected by the purchasing
agency to be at least fifty thousand dollars ($50,000) but less than
one hundred thousand dollars ($100,000).
(3) One percent (1%) for a purchase expected by the purchasing
agency to be at least one hundred thousand dollars ($100,000).
(e) Notwithstanding subsection (d), a purchasing agency may award
a contract to the lowest responsive and responsible offeror, regardless
of the preference provided in this section, if the lowest responsive and
responsible offeror is a local Indiana business.
(f) A business that wants to claim a preference provided under this
section must do all 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 purchasing agency:
(A) The location of the business's principal place of business.
If the business claims the preference as a local Indiana business
described in subsection (c)(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 residents of affected counties.
(C) The number of the business's employees and the number of
the business's employees who are residents of affected counties.
(D) If the business claims the preference as a local Indiana
business described in subsection (c)(4), a description of the
capital investments made in the affected counties and a
statement of the amount of those capital investments.
(E) If the business claims the preference as a local Indiana
business described in subsection (c)(5), a description of the
substantial positive economic impact the business has on the
affected counties.

Legislative History

As added by P.L.172-2011, SEC.22. Amended by P.L.17-2012, SEC.1; P.L.67-2012, SEC.1.