§ 5-22-3-7 — Certifications by prospective contractors concerning telephone solicitations; exemptions; sanctions

Indiana § 5-22-3-7

• Jurisdiction: Indiana
• Title 5: STATE AND LOCAL ADMINISTRATION
• Art. 22: PUBLIC PURCHASING
• Ch. 3: General Provisions

Text

(a) This section applies to every use of funds by
a governmental body. However, this section does not apply to:
(1) a contract in which one (1) party is a political subdivision,
including a body corporate and politic created by or authorized by
a political subdivision; or
(2) a contract for the lease of property owned by the state under
which no state expenditures are required.
(b) A prospective contractor may not contract with a governmental
body unless the prospective contractor includes the following
certifications as terms of the contract with the governmental body:
(1) The contractor and any principals of the contractor certify
that:
(A) the contractor, except for de minimis and nonsystematic
violations, has not violated the terms of:
(i) IC 24-4.7;
(ii) IC 24-5-12; or
(iii) IC 24-5-14;
in the previous three hundred sixty-five (365) days, even if IC 24-4.7 is preempted by federal law; and
(B) the contractor will not violate the terms of IC 24-4.7 for the
duration of the contract, even if IC 24-4.7 is preempted by
federal law.
(2) The contractor and any principals of the contractor certify that
an affiliate or principal of the contractor and any agent acting on
behalf of the contractor or on behalf of an affiliate or principal of
the contractor:
(A) except for de minimis and nonsystematic violations, has not
violated the terms of IC 24-4.7 in the previous three hundred
sixty-five (365) days, even if IC 24-4.7 is preempted by federal
law; and
(B) will not violate the terms of IC 24-4.7 for the duration of the
contract, even if IC 24-4.7 is preempted by federal law.
(c) If a certification in subsection (b) concerning compliance with
IC 24-4.7, IC 24-5-12, or IC 24-5-14 is materially false or if the
contractor, an affiliate or a principal of the contractor, or an agent
acting on behalf of the contractor or an affiliate or a principal of the
contractor violates the terms of IC 24-4.7, IC 24-5-12, or IC 24-5-14,
even if IC 24-4.7 is preempted by federal law, the attorney general may
bring a civil action in the circuit or superior court of Marion County to:
(1) void a contract under this section, subject to subsection (d);
and
(2) obtain other proper relief.
However, a contractor is not liable under this section if the contractor
or an affiliate of the contractor acquires another business entity that
violated the terms of IC 24-4.7, IC 24-5-12, or IC 24-5-14 within the
preceding three hundred sixty-five (365) days before the date of the
acquisition if the acquired business entity ceases violating IC 24-4.7,
IC 24-5-12, or IC 24-5-14, even if IC 24-4.7 is preempted by federal
law, as of the date of the acquisition.
(d) If:
(1) the attorney general notifies the contractor, department of
administration, and budget agency in writing of the intention of
the attorney general to void a contract; and
(2) the attorney general does not receive a written objection from
the department of administration or budget agency, sent to both
the attorney general and the contractor, within thirty (30) days of
the notice;
a contract between a contractor and a governmental body is voidable
at the election of the attorney general in a civil action brought under
subsection (c). If an objection of the department of administration or
the budget agency is submitted under subdivision (2), the contract that
is the subject of the objection is not voidable at the election of the
attorney general unless the objection is rescinded or withdrawn by the
department of administration or the budget agency.
(e) If the attorney general establishes in a civil action that a
contractor is knowingly, intentionally, or recklessly liable under
subsection (c), the contractor is prohibited from entering into a contract
with a governmental body for three hundred sixty-five (365) days after
the date on which the contractor exhausts appellate remedies.
(f) In addition to any remedy obtained in a civil action brought
under this section, the attorney general may obtain the following:
(1) All money the contractor obtained through each telephone call
made in violation of the terms of IC 24-4.7, IC 24-5-12, or IC 24-5-14, even if IC 24-4.7 is preempted by federal law.
(2) The attorney general's reasonable expenses incurred in:
(A) investigation; and
(B) maintaining the civil action.

Legislative History

As added by P.L.165-2005, SEC.4 and P.L.222-2005, SEC.27. Amended by P.L.177-2021, SEC.1.