Sec. 20. (a) This section does not apply to the state lottery commission created by IC 4-30-3-1.
(b) As used in this section, "out-of-state business" refers to a business that is not an Indiana business.
(c) A governmental body may adopt rules to give a preference to an Indiana business that submits an offer for a purchase under this article if all of the following apply:
(1) An out-of-state business submits an offer for the purchase.
(2) The out-of-state business is a business from a state that gives purchase preferences unfavorable to Indiana businesses.
(d) Rules adopted under subsection (c) must establish criteria for determining the following:
(1) Whether an offeror qualifies as an Indiana business under the rules.
(2) When another state's preference is unfavorable to Indiana businesses.
(3) The method by which the preference for Indiana businesses is to be computed.
(e) Rules adopted under subsection (c) may not give a preference to an Indiana business that is more favorable to the Indiana business than the other state's preference is to the other state's businesses.
(f) Rules adopted under subsection (c) must provide that a contract shall be awarded to the lowest responsive and responsible offeror, regardless of the preference provided under this section, if:
(1) the offeror is an Indiana business; or
(2) the offeror is a business from a state bordering Indiana and the offeror's home state does not provide a preference to the home state's businesses more favorable than is provided by Indiana law to Indiana businesses.
As added by P.L.49-1997, SEC.1. Amended by P.L.66-2004, SEC.3.
Structure Indiana Code
Title 5. State and Local Administration
Chapter 15. Purchasing Preferences
5-22-15-1. Applicability of Chapter
5-22-15-2. "Absolute Preference"
5-22-15-4. "Preferred Supplies"
5-22-15-5. "Price Preference Percentage"
5-22-15-6. "Total Adjusted Offer"
5-22-15-7. Allowable Preferences; Limitations
5-22-15-8. Offer Must Indicate Preferred Supply or Service
5-22-15-9. Certification That Supply Meets Required Qualifications
5-22-15-10. Computation of Adjusted Offer; Formula
5-22-15-11. Award to Offeror With Lowest Total Adjusted Offer
5-22-15-12. Award of Contract; Requirements
5-22-15-13. Contracts Awarded Separately; Combination of Line or Class of Supplies
5-22-15-16. Price Preference for Supplies That Contain Recycled or Post-Consumer Materials
5-22-15-18. Price Preference for Soybean Oil Based Ink
5-22-15-19. Price Preference for Soy Diesel/bio Diesel
5-22-15-20. Preferences to Indiana Businesses; Rules
5-22-15-20.5. "Indiana Business"; Criteria; Price Preferences; Awarding of Contracts; Exception
5-22-15-20.9. Price Preferences for Local Indiana Businesses
5-22-15-21. Promotion of Purchase of Supplies Manufactured in the United States; Rules
5-22-15-22. Absolute Preference to Coal Mined in Indiana
5-22-15-23. Price Preference for Supplies to Indiana Small Business and Veteran Owned Small Business
5-22-15-23.5. Price Preference for Indiana Agricultural Products
5-22-15-24. Purchasing Agents for Government Entities to Give High Calcium Foods Preference