Indiana § 4-13-1-29 - Requirement to post state agency contracts on Indiana transparency website

§ 4-13-1-29. Requirement to post state agency contracts on Indiana transparency website

Sec. 29. (a) To the extent a contract entered into by a state agency is required to be posted on the Indiana transparency website, the state agency shall provide the contract to the department for inclusion on the Indiana transparency website not later than thirty (30) days after the contract is fully executed.

(b) All contracts provided to the department for inclusion on the Indiana transparency website must be electronically downloadable. The information contained in a search of the contracts on the Indiana transparency website must be available to download in an accessible spreadsheet format regardless of the maximum number of rows.

As added by P.L.182-2025, SEC.3.

IC 4-13-1.1Chapter 1.1. Location of State Agencies in Downtown Areas

4-13-1.1-1"Americans with Disabilities Act" 4-13-1.1-2"Commissioner" 4-13-1.1-3"Department" 4-13-1.1-4"Downtown" 4-13-1.1-5"State agency" 4-13-1.1-6Policy establishment 4-13-1.1-7Policy exemptions 4-13-1.1-8Factors for consideration 4-13-1.1-9Prohibition on increased taxes 4-13-1.1-10Restoration or reuse of existing structures 4-13-1.1-11State construction of facilities 4-13-1.1-12Report concerning leased and state constructed facilities 4-13-1.1-13Repealed

IC 4-13-1.1-1"Americans with Disabilities Act" Sec. 1. As used in this chapter, "Americans with Disabilities Act" refers to the federal Americans with Disabilities Act (42 U.S.C. 12101 et seq.) and any amendments and regulations related to the act.

As added by P.L.252-1999, SEC.1.

IC 4-13-1.1-2"Commissioner" Sec. 2. As used in this chapter, "commissioner" refers to the commissioner of the Indiana department of administration.

As added by P.L.252-1999, SEC.1.

IC 4-13-1.1-3"Department" Sec. 3. As used in this chapter, "department" refers to the Indiana department of administration created under IC 4-13-1-2.

As added by P.L.252-1999, SEC.1.

IC 4-13-1.1-4"Downtown" Sec. 4. As used in this chapter, "downtown" refers to:

(1) the central business district of a city, town, or township;

(2) any commercial or mixed use area within a neighborhood of a city, town, or township that has traditionally served, since the founding of the community, as the retail service and communal focal point within the community;

(3) an enterprise zone established under IC 5-28-15; or

(4) a brownfield revitalization zone established under IC 6-1.1-42.

As added by P.L.252-1999, SEC.1. Amended by P.L.4-2005, SEC.15.

IC 4-13-1.1-5"State agency" Sec. 5. As used in this chapter, "state agency" means:

(1) an agency described in IC 4-13-1-1; or

(2) a license branch operating under IC 9-14.1.

As added by P.L.252-1999, SEC.1. Amended by P.L.198-2016, SEC.4.

IC 4-13-1.1-6Policy establishment Sec. 6. Except as provided in section 9 of this chapter, the department shall establish policy to encourage state agencies to locate leased and state constructed facilities in downtown areas.

As added by P.L.252-1999, SEC.1.

IC 4-13-1.1-7Policy exemptions Sec. 7. The policy established under section 6 of this chapter may exempt certain agencies or activities from the policy.

As added by P.L.252-1999, SEC.1.

IC 4-13-1.1-8Factors for consideration Sec. 8. The policy established under section 6 of this chapter must focus on the following:

(1) Local economic considerations.

(2) The requirements of the agency.

(3) Servicing client needs.

(4) The availability of suitable space.

(5) Competitiveness in the market place.

(6) Ability to create positive impact on local small business.

As added by P.L.252-1999, SEC.1.

IC 4-13-1.1-9Prohibition on increased taxes Sec. 9. Notwithstanding section 6 of this chapter, the policy established by the department under section 6 of this chapter may not encourage state agencies to locate leased and state constructed facilities in downtown areas if doing so would result in new or increased taxes to the citizens of Indiana.

As added by P.L.252-1999, SEC.1.

IC 4-13-1.1-10Restoration or reuse of existing structures Sec. 10. (a) The policy established by the department under section 6 of this chapter must give primary consideration to the restoration or reuse, or both, of existing structures within a downtown area.

(b) When using existing structures, reasonable efforts shall be made to:

(1) restore or rebuild the structure's facade, maintaining the architectural integrity of the building and streetscape according to the standards for rehabilitation under 36 CFR 68; and

(2) ensure that the structure meets the federal Americans with Disabilities Act requirements in an aesthetically pleasing manner.

As added by P.L.252-1999, SEC.1.

IC 4-13-1.1-11State construction of facilities Sec. 11. (a) The policy established by the department under section 6 of this chapter must give secondary consideration to state construction of facilities within a downtown area if the restoration or reuse, or both, of existing structures within a downtown area is not determined to be a reasonable alternative by the department.

(b) With regard to state constructed facilities, the policy established by the department must provide that reasonable efforts shall be made to:

(1) make the scale and facade of the structure maintain the architectural integrity of the existing streetscape;

(2) ensure that the structure meets the federal Americans with Disabilities Act requirements in an aesthetically pleasing manner;

(3) deny a request from a state agency to locate or to relocate outside a downtown area unless it is documented that no reasonable alternative exists. Lack of onsite parking is not alone sufficient documentation when alternative parking is available in a downtown area; and

(4) coordinate the location of state constructed facilities with existing public and private sector organizations committed to community development, downtown revitalization, and historic preservation.

As added by P.L.252-1999, SEC.1.

IC 4-13-1.1-12Report concerning leased and state constructed facilities Sec. 12. The department shall include information concerning the implementation of this chapter in the annual report made under IC 4-13-1-27. The annual report must include the following information:

(1) The total number of leased and state constructed facilities reviewed by the department during the prior year.

(2) The number of leased and state constructed facilities that were located in downtown areas.

(3) If a leased or state constructed facility was not located in a downtown area, the reason for the lease or facility being located outside a downtown area.

(4) The number of leases and state constructed facilities that included the restoration or reuse, or both, of an existing structure.

(5) Measures taken by the department to encourage state agencies to locate in downtown areas.

As added by P.L.252-1999, SEC.1. Amended by P.L.28-2004, SEC.39; P.L.130-2018, SEC.7.

IC 4-13-1.1-13RepealedAs added by P.L.252-1999, SEC.1. Repealed by P.L.130-2018, SEC.8.

IC 4-13-1.2Chapter 1.2. Department of Correction Ombudsman Bureau

4-13-1.2-1"Bureau" defined 4-13-1.2-2"Ombudsman" defined 4-13-1.2-3Ombudsman bureau; separate bureau within department of administration 4-13-1.2-4Appointment of director by governor; technical experts and other employees 4-13-1.2-5Powers of ombudsman; reports, notices, and recommendations following report; notice of decision not to investigate; evidence of crimes 4-13-1.2-6Access to records and facilities; immunity for release of records 4-13-1.2-7Duties of ombudsman; privileged communication 4-13-1.2-8Adoption of rules 4-13-1.2-9No civil liability for good faith performance of duties 4-13-1.2-10Annual report on ombudsman bureau 4-13-1.2-11Violations; penalty 4-13-1.2-12Office space for ombudsman bureau

IC 4-13-1.2-1"Bureau" defined Sec. 1. As used in this chapter, "bureau" refers to the department of correction ombudsman bureau established by section 3 of this chapter. The term includes individuals approved to act in the capacity of ombudsmen by the department of correction ombudsman bureau.

As added by P.L.292-2001, SEC.2.

IC 4-13-1.2-2"Ombudsman" defined Sec. 2. As used in this chapter, "ombudsman" means an employee of the bureau or an individual approved by the bureau to investigate and resolve complaints that the department of correction endangered the health and safety of any person, or that the department of correction violated specific laws, rules, or written policies.

As added by P.L.292-2001, SEC.2.

IC 4-13-1.2-3Ombudsman bureau; separate bureau within department of administration Sec. 3. The department of correction ombudsman bureau is established as a separate bureau within the department of administration.

As added by P.L.292-2001, SEC.2.

IC 4-13-1.2-4Appointment of director by governor; technical experts and other employees Sec. 4. (a) The governor shall appoint a director of the bureau. The governor shall appoint a successor director within thirty (30) days after a vacancy occurs in the position of the director. The director serves at the pleasure of the governor.

(b) The director may employ technical experts and other employees to carry out the purposes of this chapter. However, the director may not hire an individual to serve as an ombudsman who has been employed by the department of correction during the preceding year.

As added by P.L.292-2001, SEC.2.

IC 4-13-1.2-5Powers of ombudsman; reports, notices, and recommendations following report; notice of decision not to investigate; evidence of crimes Sec. 5. (a) The ombudsman may receive, investigate, and attempt to resolve complaints that the department of correction:

(1) violated a specific law, rule, or department written policy; or

(2) endangered the health or safety of any person.

However, the ombudsman shall not investigate a complaint from an employee of the department of correction that relates to the employee's employment relationship with the department of correction.

(b) At the conclusion of an investigation of a complaint, the ombudsman shall report the ombudsman's findings to the complainant.

(c) If the ombudsman does not investigate a complaint, the ombudsman shall notify the complainant of the decision not to investigate and the reasons for the decision.

(d) The ombudsman shall create a monthly report that includes a summary of the findings of all substantiated complaints.

(e) The ombudsman may conduct investigations of alleged violations of department of correction policy, state or federal laws, and department of correction administrative rules at any department of correction facility.

(f) The ombudsman may recommend changes to the commissioner of the department of correction concerning department of correction policies or practices based upon information learned or observations made by the ombudsman during the course of an investigation.

(g) If the ombudsman discovers evidence that the ombudsman reasonably believes constitutes the commission of a crime, the ombudsman immediately shall, if the ombudsman considers it appropriate, inform the commissioner of the department of correction, who shall conduct an investigation. If, after conducting the investigation, the commissioner has reasonable suspicion to believe that a crime has been committed, the commissioner shall:

(1) if the crime involves any person who is not an offender, immediately report the crime to an appropriate law enforcement agency; and

(2) if no person other than an offender is involved in the crime, immediately report the crime to an appropriate law enforcement agency if the commissioner believes that the prison disciplinary process is not appropriate.

As added by P.L.292-2001, SEC.2. Amended by P.L.69-2014, SEC.1.

IC 4-13-1.2-6Access to records and facilities; immunity for release of records Sec. 6. (a) An ombudsman shall be given:

(1) appropriate access to the records of an offender who files a complaint under this chapter; and

(2) immediate access to any correctional facility administered or supervised by the department of correction.

(b) A state or local government agency or entity that has records that are relevant to a complaint or an investigation conducted by the ombudsman shall provide the ombudsman with access to the records.

(c) A person is immune from:

(1) civil or criminal liability; and

(2) actions taken under a professional disciplinary procedure dealing with an employee of the department of correction;

for the release or disclosure of records to the ombudsman under this chapter.

As added by P.L.292-2001, SEC.2.

IC 4-13-1.2-7Duties of ombudsman; privileged communication Sec. 7. (a) The ombudsman shall do the following:

(1) Establish procedures to receive and investigate complaints.

(2) Establish access controls for all information maintained by the bureau.

(3) Except as is necessary to investigate and resolve a complaint, ensure that the identity of a complainant will not be disclosed without:

(A) the complainant's written consent; or

(B) a court order.

(b) The correspondence and communication between the ombudsman and any person is a privileged communication.

As added by P.L.292-2001, SEC.2.

IC 4-13-1.2-8Adoption of rules Sec. 8. The bureau may adopt rules under IC 4-22-2 necessary to carry out this chapter.

As added by P.L.292-2001, SEC.2.

IC 4-13-1.2-9No civil liability for good faith performance of duties Sec. 9. The ombudsman is not civilly liable for the good faith performance of official duties.

As added by P.L.292-2001, SEC.2.

IC 4-13-1.2-10Annual report on ombudsman bureau Sec. 10. (a) The director of the bureau shall prepare a report each year on the operations of the bureau.

(b) A copy of the report shall be provided to the following:

(1) The governor.

(2) The legislative council.

(3) The department.

(4) The department of correction.

A report provided under this subsection to the legislative council must be in an electronic format under IC 5-14-6.

As added by P.L.292-2001, SEC.2. Amended by P.L.28-2004, SEC.40.

IC 4-13-1.2-11Violations; penalty Sec. 11. A person who interferes with the ombudsman is subject to criminal prosecution under IC 35-44.2-1-4.

As added by P.L.292-2001, SEC.2. Amended by P.L.126-2012, SEC.9.

IC 4-13-1.2-12Office space for ombudsman bureau Sec. 12. The department of administration shall provide and maintain office space for the bureau.

As added by P.L.292-2001, SEC.2.

IC 4-13-1.3Chapter 1.3. State Purchasing

4-13-1.3-1"Department" defined 4-13-1.3-2"State agency" defined 4-13-1.3-3Powers and duties of department 4-13-1.3-4Powers of department regarding purchasing and contracting by state agencies 4-13-1.3-5Purchasing representative 4-13-1.3-6Management of department's purchasing functions

IC 4-13-1.3-1"Department" defined Sec. 1. As used in this chapter, "department" refers to the Indiana department of administration created by IC 4-13-1-2.

As added by P.L.49-1997, SEC.8.

IC 4-13-1.3-2"State agency" defined Sec. 2. As used in this chapter, "state agency" has the meaning set forth in IC 4-13-1-1.

As added by P.L.49-1997, SEC.8.

IC 4-13-1.3-3Powers and duties of department Sec. 3. (a) The department shall do the following:

(1) Act as the purchasing agent for state agencies under IC 5-22.

(2) Purchase or supervise the purchase of all supplies and services for state agencies.

(3) Exercise general supervision over all inventories of supplies retained by state agencies.

(4) Establish and maintain programs for the inspection, testing, and acceptance of supplies and services purchased for state agencies.

(5) Cooperate with the budget agency and the state comptroller in the preparation of statistical data concerning the purchase, usage, and disposition of all supplies and services. In preparing reports under this subdivision, the department may require state agencies to submit reports concerning usage, needs, and inventory.

(b) The department may do the following:

(1) Delegate its authority to a state agency.

(2) Enter into an agreement with a political subdivision under IC 36-1-7, to make purchases for the political subdivision.

As added by P.L.49-1997, SEC.8. Amended by P.L.9-2024, SEC.82.

IC 4-13-1.3-4Powers of department regarding purchasing and contracting by state agencies Sec. 4. (a) The department may do the following regarding purchasing and contracting by state agencies:

(1) Adopt rules under IC 4-22-2 necessary to implement IC 5-22.

(2) Consider and decide matters of policy.

(3) Enforce IC 5-22 and rules adopted under subdivision (1).

(4) Implement category management for purchasing and contracting by state agencies.

(b) The department may not adopt rules that affect the rights or obligations of the state or of a contractor under a contract in existence on the effective date of a rule.

As added by P.L.49-1997, SEC.8. Amended by P.L.125-2026, SEC.1.

IC 4-13-1.3-5Purchasing representative Sec. 5. (a) With the consent of the department, each state agency shall nominate a purchasing representative from among its employees to the department. The department may appoint the nominated employee as the purchasing representative or require another nomination.

(b) The purchasing representative shall do the following:

(1) Serve as a liaison between the state agency and the department.

(2) Prepare all forms that the department requires to be completed by the state agency.

(c) If a state agency has branches, facilities, or institutions located at multiple sites, the department may appoint a purchasing representative for any or all of the sites.

(d) The department shall provide training in purchasing procedures for the purchasing representatives.

(e) If a purchasing representative's actions are not satisfactory to the department, the department may revoke the appointment of the representative and require the state agency to nominate another representative.

(f) A state agency may not make purchases during any period during which the state agency does not have a purchasing representative.

As added by P.L.49-1997, SEC.8. Amended by P.L.125-2026, SEC.2.

IC 4-13-1.3-6Management of department's purchasing functions Sec. 6. The commissioner of the department may organize and manage the purchasing functions of the department as the commissioner considers appropriate.

As added by P.L.49-1997, SEC.8.

IC 4-13-1.4Chapter 1.4. Development of Recycled Materials Market

4-13-1.4-1"Department" 4-13-1.4-2"State agency" 4-13-1.4-3"Supplies" 4-13-1.4-4Specifications for public purchases 4-13-1.4-5Implementation of specifications 4-13-1.4-6Contracts for purchases of supplies; required report 4-13-1.4-7Reports filed on quarterly basis 4-13-1.4-8Recycled products guide 4-13-1.4-9Conferences 4-13-1.4-10Report on effectiveness of state policies regarding purchasing products made from recycled material

IC 4-13-1.4-1"Department" Sec. 1. As used in this chapter, "department" refers to the Indiana department of administration created by IC 4-13-1-2.

As added by P.L.49-1997, SEC.9.

IC 4-13-1.4-2"State agency" Sec. 2. As used in this chapter, "state agency" means any of the following:

(1) A state agency (as defined in IC 4-13-1-1).

(2) Any other authority, board, branch, commission, committee, department, division, or other instrumentality of the executive branch of state government, including the following:

(A) A state educational institution.

(B) A license branch operated or administered under IC 9-14.1.

(C) The state police department created by IC 10-11-2-4.

As added by P.L.49-1997, SEC.9. Amended by P.L.2-2003, SEC.14; P.L.2-2007, SEC.34; P.L.198-2016, SEC.5.

IC 4-13-1.4-3"Supplies" Sec. 3. As used in this chapter, "supplies" has the meaning set forth in IC 5-22-2-38.

As added by P.L.49-1997, SEC.9.

IC 4-13-1.4-4Specifications for public purchases Sec. 4. (a) The department shall prepare specifications under IC 5-22-5 for the purchase by state agencies of products:

(1) that meet the reasonable requirements of the state;

(2) that are made from recycled materials; and

(3) the use of which is technologically and economically feasible.

(b) The department shall accept and consider comments from the officers of state agencies in the preparation of the specifications required by this section.

As added by P.L.49-1997, SEC.9.

IC 4-13-1.4-5Implementation of specifications Sec. 5. The department and all state agencies shall implement the specifications prepared under section 4 of this chapter in the purchase of the following:

(1) Paper and paper products.

(2) Plastic and plastic products.

(3) Glass and glass products.

(4) Motor oil and other lubricants.

(5) Compost.

(6) Construction materials.

(7) Tires and products derived from waste tires.

As added by P.L.49-1997, SEC.9.

IC 4-13-1.4-6Contracts for purchases of supplies; required report Sec. 6. (a) This section does not require the reporting of purchases made by special disbursing officers.

(b) Except as provided in subsection (d), each state agency that has entered into at least one (1) contract for the purchase of supplies shall prepare and submit to the department a written report concerning the contracts. The report must present information on contracts entered into during the twelve (12) months immediately preceding the date of the report.

(c) A report required by this section must set forth the following information:

(1) The number of contracts entered into by the state agency during the period.

(2) The total dollar amount to be paid by the state under the contracts.

(3) A list of the types of products made from recycled materials that were purchased by the state agency during the period, including the following:

(A) Paper and paper products.

(B) Plastic products.

(C) Glass and glass products.

(D) Compost and other materials created through the recovery of landscape waste.

(E) Used oil, solvents, and paint.

(F) Coal combustion wastes.

(G) Waste tires and products derived from waste tires.

(4) For each of the types of products made from recycled materials that are listed in subdivision (3), the following information must be included:

(A) The total number of contracts entered into by the state agency.

(B) The total dollar amount to be paid by the state under the contracts.

(C) A figure indicating in the aggregate, for each type of product, the percentage of the content of the products purchased that consisted of recycled materials.

(5) For each type of product made from recycled materials that are listed in subdivision (3), the following information must be included:

(A) The total number of contracts to which a price preference under IC 5-22-15-16 applied.

(B) The amount to be paid by the state under contracts to which a price preference under IC 5-22-15-16 applied.

(6) For each type of product made from recycled materials that are listed in subdivision (3), the following information must be included:

(A) The total number of contracts to which a price preference under IC 5-22-15-16 did not apply.

(B) The amount to be paid by the state under contracts to which a price preference under IC 5-22-15-16 did not apply.

(d) A state agency that makes all purchases during a year through the department is not required to file a report under this section. The department shall keep a record of all purchases described in this subsection that are made for a state agency by the department.

(e) The department shall establish guidelines and a format for the reports required by this section.

As added by P.L.49-1997, SEC.9.

IC 4-13-1.4-7Reports filed on quarterly basis Sec. 7. Reports required under section 6 of this chapter must be filed on a quarterly basis. The department shall determine the deadline for each quarterly report.

As added by P.L.49-1997, SEC.9.

IC 4-13-1.4-8Recycled products guide Sec. 8. (a) Each year the department shall produce and distribute a recycled products guide for use by all state and local government purchasing agents. The guide must include the following:

(1) Instructions concerning how local government purchasing agents may purchase recycled materials through the department.

(2) A list of products that may be purchased through the department.

(b) The department shall annually revise and update the guide produced under this section.

As added by P.L.49-1997, SEC.9.

IC 4-13-1.4-9Conferences Sec. 9. Each year the department shall, in cooperation with the lieutenant governor, host at least one (1) conference to bring together the following:

(1) Purchasing agents.

(2) Suppliers of products made from recycled materials.

As added by P.L.49-1997, SEC.9. Amended by P.L.1-2006, SEC.64.

IC 4-13-1.4-10Report on effectiveness of state policies regarding purchasing products made from recycled material Sec. 10. (a) The department shall include in the annual report made under IC 4-13-1-27 an evaluation of the effectiveness of the state policies concerning the purchase of products made from recycled materials. The department may recommend revisions to the purchasing policies in the annual report.

(b) The information reported under subsection (a) must include the name of each agency that was late in providing or failed to provide the department with the information required for the department to comply with subsection (a).

As added by P.L.49-1997, SEC.9. Amended by P.L.28-2004, SEC.41; P.L.130-2018, SEC.9.

IC 4-13-1.5Chapter 1.5. RepealedRepealed by P.L.28-1983, SEC.62.

IC 4-13-1.6Chapter 1.6. Statewide Price Contracts for Certain School Corporation Purchases of Major Equipment Items

4-13-1.6-1"Contractor" 4-13-1.6-2"Department" 4-13-1.6-3"Major equipment item" 4-13-1.6-4"Price contract" 4-13-1.6-5"School corporation" 4-13-1.6-6Report by school corporation on major equipment purchases 4-13-1.6-7Compilation of major equipment items purchased 4-13-1.6-8Specifications for major equipment items 4-13-1.6-9Solicitation of bids or proposals for major equipment items 4-13-1.6-10Solicitation; contents 4-13-1.6-11Public purchases; award of contract 4-13-1.6-12Price contracts; award to more than one contractor 4-13-1.6-13Price contracts; contents 4-13-1.6-14Variations in number or kinds of major equipment items 4-13-1.6-15Separate contract for major equipment item purchase; consistency with price contract required 4-13-1.6-16Price contracts; use by school corporations

IC 4-13-1.6-1"Contractor" Sec. 1. As used in this chapter, "contractor" means a person awarded a price contract.

As added by P.L.49-1997, SEC.10.

IC 4-13-1.6-2"Department" Sec. 2. As used in this chapter, "department" refers to the Indiana department of administration established by IC 4-13-1-2.

As added by P.L.49-1997, SEC.10.

IC 4-13-1.6-3"Major equipment item" Sec. 3. (a) As used in this chapter, "major equipment item" refers to any item that a school corporation considers:

(1) a significant equipment purchase; and

(2) reasonably likely to be purchased by several school corporations.

(b) The term does not include the following:

(1) Curricular materials (as defined in IC 20-18-2-2.7).

(2) A special purpose bus (as defined in IC 20-27-2-10).

(3) A school bus (as defined in IC 20-27-2-8).

As added by P.L.49-1997, SEC.10. Amended by P.L.1-2005, SEC.60; P.L.73-2011, SEC.1; P.L.286-2013, SEC.2.

IC 4-13-1.6-4"Price contract" Sec. 4. As used in this chapter, "price contract" refers to a contract entered into by the department under section 11 of this chapter.

As added by P.L.49-1997, SEC.10.

IC 4-13-1.6-5"School corporation" Sec. 5. As used in this chapter, "school corporation" has the meaning set forth in IC 20-18-2-16.

As added by P.L.49-1997, SEC.10. Amended by P.L.1-2005, SEC.61.

IC 4-13-1.6-6Report by school corporation on major equipment purchases Sec. 6. Before January 1 of a school year, each school corporation may report to the department the following information concerning major equipment purchases:

(1) The school corporation's anticipated requirements for purchase of a particular major equipment item for the following school year under a price contract.

(2) Any special requirements or specifications for the major equipment item the school corporation wishes to purchase, including the special requirements or specifications for the particular major equipment item:

(A) required by law; or

(B) that an entity authorized or required by law establishes.

(3) The cost of the major equipment items that will be purchased in each of the following categories:

(A) By cash.

(B) Under a security agreement.

(4) Other information requested by the department.

As added by P.L.49-1997, SEC.10.

IC 4-13-1.6-7Compilation of major equipment items purchased Sec. 7. Before February 1 of each year, the department shall compile the number of major equipment items reported under section 6 of this chapter.

As added by P.L.49-1997, SEC.10.

IC 4-13-1.6-8Specifications for major equipment items Sec. 8. Subject to IC 5-22-5, the department shall develop specifications for the major equipment items to be purchased. In developing specifications, the department:

(1) shall consider the requirements and specifications reported by school corporations under section 6 of this chapter; and

(2) must comply with the requirements and specifications for the particular major equipment item:

(A) required by law; or

(B) that an entity authorized or required by law establishes.

As added by P.L.49-1997, SEC.10.

IC 4-13-1.6-9Solicitation of bids or proposals for major equipment items Sec. 9. If the department believes that it will be cost effective to award a price contract for a major equipment item, the department shall solicit bids or proposals for the major equipment item under IC 5-22.

As added by P.L.49-1997, SEC.10.

IC 4-13-1.6-10Solicitation; contents Sec. 10. A solicitation must include the following:

(1) Notice that a bid or proposal must include prices based both on cash sales and sales under security agreements.

(2) The provisions of the price contract required under section 13 of this chapter.

As added by P.L.49-1997, SEC.10.

IC 4-13-1.6-11Public purchases; award of contract Sec. 11. The department shall award a contract under IC 5-22.

As added by P.L.49-1997, SEC.10.

IC 4-13-1.6-12Price contracts; award to more than one contractor Sec. 12. The department may award price contracts to more than one (1) contractor.

As added by P.L.49-1997, SEC.10.

IC 4-13-1.6-13Price contracts; contents Sec. 13. A price contract must contain the following provisions:

(1) The term of the price contract.

(2) A requirement that the contractor must sell a major equipment item meeting specifications set forth in the solicitation at the price offered for the major equipment item in the contractor's bid or proposal.

(3) A requirement that the contractor must sell to a school corporation requesting a purchase under the price contract.

(4) Except as provided in the solicitation, a statement specifying that estimates of the number and kind of major equipment item to be purchased do not bind the state to purchase a given number or kind of major equipment item.

(5) A statement specifying that a contractor is not required to sell under the price contract if the number of major equipment items previously purchased exceeds the number of major equipment items estimated in the solicitation for the number of major equipment items to be purchased.

(6) A requirement that the contractor and the school corporation must enter into a separate contract for the purchase of a major equipment item.

(7) A statement specifying that the state is not a party to a contract under subdivision (6).

(8) If the term of the price contract is for more than one (1) year, a statement specifying what constitutes a significant variation from the number of major equipment items or kind of major equipment item to be purchased in the years following the first year of the price contract for purposes of section 14 of this chapter.

As added by P.L.49-1997, SEC.10.

IC 4-13-1.6-14Variations in number or kinds of major equipment items Sec. 14. (a) This section applies only:

(1) if the term of the price contract is for more than one (1) year; and

(2) after the first year of the term of the price contract.

(b) If the number of major equipment items or kind of major equipment items purchased by school corporations varies significantly from those indicated in the solicitation for the price contract, the department may take any of the following actions:

(1) Purchase any excess or different major equipment item required under a new price contract.

(2) With the consent of the contractor, amend the contract to reflect the change in quantities or types of major equipment items to be purchased.

(3) With the consent of the contractor, cancel the price contract and solicit for a new price contract.

As added by P.L.49-1997, SEC.10.

IC 4-13-1.6-15Separate contract for major equipment item purchase; consistency with price contract required Sec. 15. A contract entered into under section 13(6) of this chapter may not be inconsistent with the price contract.

As added by P.L.49-1997, SEC.10.

IC 4-13-1.6-16Price contracts; use by school corporations Sec. 16. The department may require a school corporation that requests to use a price contract to agree to purchase major equipment items using the price contract as indicated in the school corporation's request.

As added by P.L.49-1997, SEC.10.

IC 4-13-1.7Chapter 1.7. Federal Surplus Property

4-13-1.7-1"Commissioner" defined 4-13-1.7-2"Department" defined 4-13-1.7-3"Federal government" defined 4-13-1.7-4"Governmental body" defined 4-13-1.7-5"Supplies" defined 4-13-1.7-6"Transfer" defined 4-13-1.7-7Department to act as agent for governmental bodies 4-13-1.7-8Information obtained from federal government 4-13-1.7-9Availability of information obtained from federal government 4-13-1.7-10Deputies, assistants, and employees; appointment 4-13-1.7-11Revolving fund; establishment

IC 4-13-1.7-1"Commissioner" defined Sec. 1. As used in this chapter, "commissioner" refers to the commissioner of the department.

As added by P.L.49-1997, SEC.11.

IC 4-13-1.7-2"Department" defined Sec. 2. As used in this chapter, "department" refers to the Indiana department of administration created by IC 4-13-1-2.

As added by P.L.49-1997, SEC.11.

IC 4-13-1.7-3"Federal government" defined Sec. 3. As used in this chapter, "federal government" refers to the United States, or an agency, a board, a bureau, a commission, a department, a division, an instrumentality, an office, or an officer of the United States.

As added by P.L.49-1997, SEC.11.

IC 4-13-1.7-4"Governmental body" defined Sec. 4. As used in this chapter, "governmental body" has the meaning set forth in IC 5-22-2-13.

As added by P.L.49-1997, SEC.11.

IC 4-13-1.7-5"Supplies" defined Sec. 5. As used in this chapter, "supplies" has the meaning set forth in IC 5-22-2-38.

As added by P.L.49-1997, SEC.11.

IC 4-13-1.7-6"Transfer" defined Sec. 6. As used in this chapter, "transfer" includes the sale, conditional sale, lease with option to purchase, lease, contract for use, grant, or gift.

As added by P.L.49-1997, SEC.11.

IC 4-13-1.7-7Department to act as agent for governmental bodies Sec. 7. The department shall act as the agent for all governmental bodies and may enter into an agreement with the federal government for the transfer of federal surplus supplies to a governmental body.

As added by P.L.49-1997, SEC.11.

IC 4-13-1.7-8Information obtained from federal government Sec. 8. The department shall obtain information from the federal government concerning the following:

(1) Available supplies of federal surplus supplies.

(2) The price or other consideration required by the federal government for the transfer of the federal surplus supplies.

(3) Other terms and conditions required for transfer of the federal surplus supplies.

As added by P.L.49-1997, SEC.11.

IC 4-13-1.7-9Availability of information obtained from federal government Sec. 9. The department shall make available to all governmental bodies information described in section 8 of this chapter.

As added by P.L.49-1997, SEC.11.

IC 4-13-1.7-10Deputies, assistants, and employees; appointment Sec. 10. Subject to the approval of the governor, the commissioner may appoint and employ deputies, assistants, and employees necessary to administer this chapter efficiently.

As added by P.L.49-1997, SEC.11.

IC 4-13-1.7-11Revolving fund; establishment Sec. 11. (a) With the approval of the state board of finance, a revolving fund may be established for the department to expedite transfers under this chapter.

(b) The fund established under this section shall be reimbursed from the governmental body receiving the transfer of the federal surplus supplies.

As added by P.L.49-1997, SEC.11.

IC 4-13-2Chapter 2. Financial Reorganization Act of 1947

4-13-2-0.1Effect of certain amendments made to chapter 4-13-2-1Short title of act; definitions 4-13-2-1.5State judicial and legislative departments; agency status; application of IC 4-13-2-5.2 and IC 4-13-2-19 4-13-2-2Repealed 4-13-2-3Repealed 4-13-2-4Director of auditing 4-13-2-5Repealed 4-13-2-5.1Repealed 4-13-2-5.2Contracts to provide supplies to body corporate and politic; submission of bids by trusts; contents 4-13-2-6Budget agency; powers and duties 4-13-2-7Powers and duties of state comptroller 4-13-2-8State board of accounts; powers and duties 4-13-2-9Adoption of rules 4-13-2-10Repealed 4-13-2-11Repealed 4-13-2-11.1Department of correction contracts using inmate labor and employee supervision 4-13-2-12Repealed 4-13-2-12.5Repealed 4-13-2-12.6Repealed 4-13-2-12.7Repealed 4-13-2-13Repealed 4-13-2-14Repealed 4-13-2-14.1Contracts; approval of state officials; rules for electronic approval; file of information 4-13-2-14.2Contracts of state agencies to be in writing; provisions required by statute 4-13-2-14.3Contracts of state agencies; review by attorney general for form and legality; advice to agency; forms 4-13-2-14.4Contracts in lieu of appointing employees 4-13-2-14.5Revenue department; access to names of bidders, contractors, and subcontractors; persons on tax warrant list 4-13-2-14.6Salary agreements or adjustments; compensation plans; approval 4-13-2-14.7State agency employees working with children; sex crime convictions; dismissal 4-13-2-14.8State contractor or vendor; electronic funds transfer of payments; waiver 4-13-2-15Repealed 4-13-2-16State contracts and purchases; adverse or pecuniary interest of officers 4-13-2-17Repealed 4-13-2-18Appropriations; administration of allotment system; unauthorized payment by officers; budget director authorization of employee positions 4-13-2-18.5Annual report concerning augmentations 4-13-2-19Appropriations; lapse; exceptions; recognition of encumbered federal funds 4-13-2-20Advance payments; special disbursements 4-13-2-21Repealed 4-13-2-22Repealed 4-13-2-23State board of finance; transfer and reassignment of appropriations; conflict in powers and duties 4-13-2-24State comptroller; vesting of powers and duties; employment of professional and clerical assistance 4-13-2-25Repealed 4-13-2-26Repealed 4-13-2-27Repealed 4-13-2-28Central warehouse; establishment; purchasers; notice to institutions and departments of materials and supplies available; procedure for requisitions 4-13-2-29Constitutionality of act 4-13-2-30Required withholding from appropriation to a state agency for salaries and general operating expenses; annual report