Indiana Code
Chapter 13. Purchases From Qualified Nonprofit Agencies for Persons With Severe Disabilities
5-22-13-6. Qualified Agency Withdrawal From Pilot Project; Award of Quantity Purchase Agreement for Products and Services; Conditions

Sec. 6. (a) This section applies to a qualified agency that:
(1) participates in or, before January 1, 2022, participated in a pilot project; and
(2) before the qualified agency's participation in the pilot project, had a QPA awarded by the department to sell supplies or services directly to governmental bodies that the qualified agency currently sells through the third party contractor under the pilot project.
(b) As used in this section, "department" refers to the Indiana department of administration created by IC 4-13-1-2.
(c) As used in this section, "pilot project" refers to a project established by the department through which a qualified agency sells supplies or services covered by this chapter to governmental bodies through a third party contractor that has been awarded a contract by the department under this article.
(d) As used in this section, "QPA" refers to a quantity purchase agreement.
(e) After a qualified agency withdraws from the pilot project, at the request of the qualified agency, the department shall award to the qualified agency a QPA for the same supplies or services that the qualified agency provided through the third party contractor. The department shall award a QPA to the qualified agency not later than thirty (30) days after the date of the qualified agency's request.
(f) The department shall award a QPA to the qualified agency:
(1) without requiring a new procurement under this article; and
(2) under the same terms and conditions, except for pricing, under which the qualified agency previously had a QPA with the department;
if the qualified agency agrees to provide the same supplies or services at a price less than the price provided for the supplies or services under the pilot project as of January 1 of the year the qualified agency withdraws from the pilot project.
(g) Section 5(b) of this chapter applies to the prices for the supplies and services of the QPA awarded under subsection (f).
(h) This section does not release a qualified agency from any contractual obligations that it might otherwise owe to the third party contractor.
As added by P.L.166-2022, SEC.2.

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