§ 5-22-16.5-12 — Award of contracts to persons on list; conditions under which award permitted; written findings

Indiana § 5-22-16.5-12

• Jurisdiction: Indiana
• Title 5: STATE AND LOCAL ADMINISTRATION
• Art. 22: PUBLIC PURCHASING
• Ch. 16.5: Disqualification of Contractors Dealing with the

Text

(a) Section 11 of this chapter does not
apply to the award of a particular contract to a person if either
subdivision (1) or subdivision (2) applies:
(1) The purchasing agency awarding the contract finds in writing
that all of the following are true:
(A) The person's investment activities in Iran were made before
July 1, 2012.
(B) The person's investment activities in Iran have not been
expanded or renewed after July 1, 2012.
(C) The purchasing agency determines that it is in the best
interest of the purchasing agency's governmental body to enter
into the contract with the person.
(D) The person has adopted and publicized and is implementing
a formal plan to:
(i) cease investment activities in Iran; and
(ii) refrain from engaging in any new investments in Iran.
(2) Either of the following applies:
(A) If the governmental body awarding the contract is a
political subdivision, the executive of the political subdivision
makes a written finding that the governmental body would be
unable to obtain the supplies or services for which the
solicitation is made unless a contract is awarded to the person.
(B) If the governmental body is a state agency, the governor
makes a finding that the state would be unable to obtain the
supplies or services for which the solicitation is made unless a
contract is awarded to the person.
(b) A finding made under subsection (a) must be in writing and shall
be placed in the contract file.

Legislative History

As added by P.L.21-2012, SEC.4.