CHAPTER 13. REVIEW OF CERTAIN CONTRACTS FOR SERVICES

IC 4-12-13
    Chapter 13. Review of Certain Contracts for Services

IC 4-12-13-1
State agency
    Sec. 1. As used in this chapter, "state agency" has the meaning setforth in IC 4-13-1-1(b).
As added by P.L.234-2007, SEC.224.

IC 4-12-13-2
Public hearings; review by budget committee
    Sec. 2. (a) This section applies only to a contract or an agreement:
        (1) that is first entered into by:
            (A) a state agency; and
            (B) a private contractor or private vendor;
        after June 30, 2007;
        (2) in which the initial term of the contract or agreement plusthe term of any possible renewal or extension periods is at leastfour (4) years;
        (3) under which the amount to be paid by the state agencyduring the initial term of the contract or agreement plus the termof any possible renewal or extension periods:
            (A) is at least ten million dollars ($10,000,000); or
            (B) is estimated by the state agency to be at least ten milliondollars ($10,000,000); and
        (4) under which the private contractor or private vendor willprovide services that before the effective date of the contract oragreement are provided directly by the employees of the stateagency.
    (b) In addition to any other requirements that must be satisfied, astate agency may not enter into a contract or an agreement describedin subsection (a) unless the following requirements are satisfied:
        (1) At least thirty (30) days before entering into the contract oragreement, the state agency must conduct at least one (1) publichearing on the contract or agreement. The state agency mustallow public comments and testimony at the public hearing. Thepublic hearing must be held in compliance with IC 5-14-1.5.
        (2) Either of the following occurs:
            (A) At least thirty (30) days before the state agency entersinto the contract or agreement, the budget committee makesa recommendation to the budget agency concerning thecontract or agreement.
            (B) The budget committee does not make a recommendationconcerning the contract or agreement within thirty (30) daysafter the chairman of the budget committee is requested bythe budget agency to make a recommendation.
As added by P.L.234-2007, SEC.224.

IC 4-12-13-3
Performance of contracted services by public employees    Sec. 3. (a) In addition to any other requirements that must besatisfied, a state agency may have the employees of the state agencydirectly provide services that are provided by a private contractor orprivate vendor under a contract or an agreement described in section2(a) of this chapter only if the following requirements are satisfied:
        (1) At least thirty (30) days before the employees of the stateagency begin directly providing the services, the state agencymust conduct at least one (1) public hearing concerning theprovision of the services by the employees of the state agency.The state agency must allow public comments and testimony atthe public hearing. The public hearing must be held incompliance with IC 5-14-1.5.
        (2) Either of the following occurs:
            (A) At least thirty (30) days before employees of the stateagency begin directly providing services, the budgetcommittee makes a recommendation to the budget agencyconcerning the provision of the services by the employees ofthe state agency.
            (B) The budget committee does not make a recommendationconcerning the provision of the services by the employees ofthe state agency within thirty (30) days after the chairman ofthe budget committee is requested by the budget agency tomake a recommendation.
    (b) A state agency is not required to comply with the requirementsof subsection (a) if the director or other administrative head of thestate agency declares that an emergency exists that requires theemployees of the state agency to directly provide the services thatwere provided by a private contractor or private vendor.
As added by P.L.234-2007, SEC.224.