Sec. 20.5. (a) This section applies only to a contract awarded by a state agency.
(b) As used in this section, "Indiana business" refers to any of the following:
(1) A business whose principal place of business is located in Indiana.
(2) A business that pays a majority of its payroll (in dollar volume) to residents of Indiana.
(3) A business that employs Indiana residents as a majority of its employees.
(4) A business that makes significant capital investments in Indiana.
(5) A business that has a substantial positive economic impact on Indiana as defined by criteria developed under subsection (c).
(c) The Indiana department of administration shall consult with the Indiana economic development corporation in developing criteria for determining whether a business is an Indiana business under subsection (b). The Indiana department of administration may consult with the Indiana economic development corporation to determine whether a particular business meets the requirements of this section and the criteria developed under this subsection.
(d) There are the following price preferences for supplies purchased from an Indiana business:
(1) Five percent (5%) for a purchase expected by the state agency to be less than five hundred thousand dollars ($500,000).
(2) Three percent (3%) for a purchase expected by the state agency to be at least five hundred thousand dollars ($500,000) but less than one million dollars ($1,000,000).
(3) One percent (1%) for a purchase expected by the state agency to be at least one million dollars ($1,000,000).
(e) If an Indiana business offers to provide supplies manufactured, assembled, or produced in Indiana, and if two (2) or more bids submitted were the same, the following price preference is available to the Indiana business, in addition to the price preference available under subsection (d):
(1) Three percent (3%) for a purchase expected by the state agency to be less than five hundred thousand dollars ($500,000).
(2) Two percent (2%) for a purchase expected by the state agency to be at least five hundred thousand dollars ($500,000) but less than one million dollars ($1,000,000).
(3) One percent (1%) for a purchase expected by the state agency to be at least one million dollars ($1,000,000).
The Indiana department of administration shall adopt rules under IC 4-22-2 to establish guidelines for determining when supplies are manufactured or assembled in Indiana.
(f) A business that wants to claim a preference provided under this section must do all of 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 department:
(A) The location of the business's principal place of business. If the business claims the preference as an Indiana business described in subsection (b)(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 Indiana residents.
(C) The number of the business's employees and the number of the business's employees who are Indiana residents.
(D) If the business claims the preference as an Indiana business described in subsection (b)(4), a description of the capital investments made in Indiana and a statement of the amount of those capital investments.
(E) If the business claims the preference as an Indiana business described in subsection (b)(5), a description of the substantial positive economic impact the business has on Indiana.
As added by P.L.66-2004, SEC.4. Amended by P.L.4-2005, SEC.33; P.L.123-2009, SEC.1; P.L.122-2011, 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