CHAPTER 1. DEPARTMENT OF ADMINISTRATION

IC 4-13
    ARTICLE 13. ADMINISTRATIVE MANAGEMENTOF STATE SERVICES, EMPLOYEES, PURCHASES,AND PROPERTY

IC 4-13-1
    Chapter 1. Department of Administration

IC 4-13-1-1
Short title; "state agency" defined; use of department services byother entities
    Sec. 1. (a) This chapter shall be known and may be cited as the"Administration Act of 1961".
    (b) As used in this chapter, "state agency" means an authority,board, branch, commission, committee, department, division, or otherinstrumentality of the executive, including the administrative,department of state government. The term "state agency" does notinclude the judicial or legislative departments of state government,nor does that term include a state educational institution.
    (c) Notwithstanding subsection (b), the following entities may,with the consent of the commissioner of the department ofadministration, use the services of the department:
        (1) The judicial department of state government.
        (2) The legislative department of state government.
        (3) A state educational institution.
        (4) A political subdivision (as defined in IC 36-1-2-13).
        (5) A body corporate and politic created by statute.
(Formerly: Acts 1961, c.269, s.1.) As amended by Acts 1981, P.L.32,SEC.2; P.L.28-1983, SEC.2; P.L.14-1984, SEC.1; P.L.2-2007,SEC.33.

IC 4-13-1-2
Creation of department; commissioner; officers and employees
    Sec. 2. There is hereby created a department of state governmentwhich shall be known as the Indiana department of administration,referred to in this chapter as the department; and which shall consistof a commissioner as its executive head and of such officers andemployees which shall be appointed or employed in such department.The commissioner shall be appointed by the governor and he shallhold office at the pleasure of the governor. The commissioner shallbe well versed in administrative management and in the affairs ofstate government which by law are the responsibility of the governor,and shall in no manner affect the separate judicial and legislativedepartments of state government which by law and the Constitutionof the State of Indiana are under the jurisdiction and are theresponsibility of other state elected officials. The compensation ofthe commissioner shall be fixed and determined by the state budgetagency subject to the approval of the governor.
(Formerly: Acts 1961, c.269, s.2.) As amended by Acts 1981, P.L.32,

SEC.3.

IC 4-13-1-3
Divisions of department
    Sec. 3. (a) The department consists of the following divisions:
        (1) General services.
        (2) Property management.
        (3) Information services.
        (4) Public works.
        (5) State land office.
    (b) The commissioner may do the following:
        (1) Organize the department and its divisions.
        (2) Transfer or merge functions between divisions in theinterest of economy and efficiency.
        (3) Terminate certain divisions within the department wheneverpossible.
    (c) The commissioner may exercise direction and supervision overthe divisions in the performance of their respective functions, subjectto the approval of the governor.
(Formerly: Acts 1961, c.269, s.3; Acts 1971, P.L.26, SEC.1.) Asamended by Acts 1981, P.L.30, SEC.1; Acts 1981, P.L.32, SEC.4;P.L.26-1989, SEC.2; P.L.7-1993, SEC.3; P.L.49-1997, SEC.4.

IC 4-13-1-4
Duties and functions
    Sec. 4. The department shall, subject to this chapter, do thefollowing:
        (1) Execute and administer all appropriations as provided bylaw, and execute and administer all provisions of law thatimpose duties and functions upon the executive department ofgovernment, including executive investigation of state agenciessupported by appropriations and the assembly of all requireddata and information for the use of the executive departmentand the legislative department.
        (2) Supervise and regulate the making of contracts by stateagencies.
        (3) Perform the property management functions required byIC 4-20.5-6.
        (4) Assign office space and storage space for state agencies inthe manner provided by IC 4-20.5-5.
        (5) Maintain and operate the following for state agencies:
            (A) Central duplicating.
            (B) Printing.
            (C) Machine tabulating.
            (D) Mailing services.
            (E) Centrally available supplemental personnel and otheressential supporting services.
        The department may require state agencies to use these generalservices in the interests of economy and efficiency. The generalservices rotary fund is established through which these services

may be rendered to state agencies. The budget agency shalldetermine the amount for the general services rotary fund.
        (6) Control and supervise the acquisition, operation,maintenance, and replacement of state owned vehicles by allstate agencies. The department may establish and operate, in theinterest of economy and efficiency, a motor vehicle pool, andmay finance the pool by a rotary fund. The budget agency shalldetermine the amount to be deposited in the rotary fund.
        (7) Promulgate and enforce rules relative to the travel ofofficers and employees of all state agencies when engaged inthe performance of state business. These rules may allowreimbursement for travel expenses by any of the followingmethods:
            (A) Per diem.
            (B) For expenses necessarily and actually incurred.
            (C) Any combination of the methods in clauses (A) and (B).
        The rules must require the approval of the travel by thecommissioner and the head of the officer's or employee'sdepartment prior to payment.
        (8) Administer IC 4-13.6.
        (9) Prescribe the amount and form of certified checks, deposits,or bonds to be submitted in connection with bids and contractswhen not otherwise provided for by law.
        (10) Rent out, with the approval of the governor, any stateproperty, real or personal:
            (A) not needed for public use; or
            (B) for the purpose of providing services to the state oremployees of the state;
        the rental of which is not otherwise provided for or prohibitedby law. Property may not be rented out under this subdivisionfor a term exceeding ten (10) years at a time. However, ifproperty is rented out for a term of more than four (4) years, thecommissioner must make a written determination stating thereasons that it is in the best interests of the state to rent propertyfor the longer term. This subdivision does not include the powerto grant or issue permits or leases to explore for or take coal,sand, gravel, stone, gas, oil, or other minerals or substancesfrom or under the bed of any of the navigable waters of the stateor other lands owned by the state.
        (11) Have charge of all central storerooms, supply rooms, andwarehouses established and operated by the state and servingmore than one (1) agency.
        (12) Enter into contracts and issue orders for printing asprovided by IC 4-13-4.1.
        (13) Sell or dispose of surplus property under IC 5-22-22, or ifadvantageous, to exchange or trade in the surplus propertytoward the purchase of other supplies, materials, or equipment,and to make proper adjustments in the accounts and inventorypertaining to the state agencies concerned.
        (14) With respect to power, heating, and lighting plants owned,

operated, or maintained by any state agency:
            (A) inspect;
            (B) regulate their operation; and
            (C) recommend improvements to those plants to promoteeconomical and efficient operation.
        (15) Administer, determine salaries, and determine otherpersonnel matters of the department of correction ombudsmanbureau established by IC 4-13-1.2-3.
        (16) Adopt rules to establish and implement a "Code Adam"safety protocol as described in IC 4-20.5-6-9.2.
        (17) Adopt policies and standards for making state ownedproperty reasonably available to be used free of charge aslocations for making motion pictures.
        (18) Administer, determine salaries, and determine otherpersonnel matters of the department of child servicesombudsman established by IC 4-13-19-3.
(Formerly: Acts 1961, c.269, s.4; Acts 1967, c.195, s.1; Acts 1967,c.279, s.1.) As amended by Acts 1977, P.L.31, SEC.2; Acts 1978,P.L.13, SEC.1; Acts 1979, P.L.40, SEC.7; Acts 1981, P.L.30, SEC.2;Acts 1981, P.L.32, SEC.5; Acts 1982, P.L.23, SEC.1; P.L.28-1983,SEC.3; P.L.24-1985, SEC.1; P.L.26-1989, SEC.3; P.L.18-1991,SEC.3; P.L.7-1993, SEC.4; P.L.5-1993, SEC.2; P.L.49-1997, SEC.5;P.L.267-1999, SEC.1; P.L.53-2001, SEC.1; P.L.292-2001, SEC.1;P.L.177-2005, SEC.5; P.L.11-2005, SEC.1; P.L.214-2005, SEC.4;P.L.1-2006, SEC.63; P.L.182-2009(ss), SEC.54.

IC 4-13-1-4.1
Repealed
    (Repealed by P.L.28-1983, SEC.62.)

IC 4-13-1-4.2
Repealed
    (Repealed by P.L.89-2006, SEC.16.)

IC 4-13-1-4.5
Repealed
    (Repealed by Acts 1981, P.L.30, SEC.4.)

IC 4-13-1-5
Duties and functions; construction of chapter
    Sec. 5. The enumeration of duties and functions, as designated insection 4 of this chapter, shall not be deemed exclusive nor construedas a limitation of the powers and authority vested in the departmentby other provisions of this chapter. This chapter shall be construedliberally to effectuate its policies and purposes to improve thefinancial, personnel, and managerial activities of state government.
(Formerly: Acts 1961, c.269, s.5.) As amended by P.L.5-1984,SEC.44.
IC 4-13-1-6
Repealed
    (Repealed by P.L.49-1997, SEC.86.)

IC 4-13-1-7
Administrative and procedural rules and regulations
    Sec. 7. The commissioner is empowered to adopt, amend, andpromulgate such reasonable administrative and procedural rules andregulations, not inconsistent with any applicable law of this state, ashe may deem necessary for the effective administration of thischapter; provided, that all such rules and regulations shall be issuedand promulgated pursuant to the provisions of IC 4-22-2.
(Formerly: Acts 1961, c.269, s.6.) As amended by P.L.5-1984,SEC.46.

IC 4-13-1-8
Administrative and organizational surveys
    Sec. 8. The department is hereby authorized to makeadministrative and organizational surveys of the departments,institutions, boards, commissions, and other agencies to determinewhether the activities thereof are essential to good government andare being carried on in an economical and efficient manner andwithout duplication, for the purpose of determining the feasibility ofimproving the administration of state government by the eliminationof unnecessary positions and activities, the avoidance of duplication,and by the use of improved procedures and organization.
(Formerly: Acts 1961, c.269, s.7.)

IC 4-13-1-9
State reports and publications; curtailment and elimination powersof commissioner
    Sec. 9. The commissioner shall determine the number anddistribution of all state reports and publications: Provided, That saidcommissioner shall curtail and eliminate wherever possible alldepartmental reports, bulletins and publications.
(Formerly: Acts 1961, c.269, s.8.) As amended by Acts 1979, P.L.40,SEC.8.

IC 4-13-1-10
Repealed
    (Repealed by P.L.3-1989, SEC.18.)

IC 4-13-1-11
Repealed
    (Repealed by Acts 1981, P.L.30, SEC.4.)

IC 4-13-1-12
Official bonds of state officers and employees; approval; bonds ofofficers or employees of department
    Sec. 12. All performance or security bonds required of state

officials or employees, except such bonds as are required of electedstate officials and those under their jurisdiction, shall be approved,and the amount fixed by the commissioner wherein same is not fixedby law. The commissioner may require a bond and fix the amount ofany officer or employee of the department or of any other officer oremployee of this state when such may be needed to protect theinterest of the state and where authorized by law.
(Formerly: Acts 1961, c.269, s.11.)

IC 4-13-1-13
Repealed
    (Repealed by P.L.1-1991, SEC.10.)

IC 4-13-1-13.1
Repealed
    (Repealed by P.L.49-1997, SEC.86.)

IC 4-13-1-13.2
Repealed
    (Repealed by P.L.49-1997, SEC.86.)

IC 4-13-1-13.5
Federal surplus property; receipt, storage, and distribution
    Sec. 13.5. (a) The Indiana department of administration isdesignated as the state agency to receive, store, and distribute federalsurplus property according to the provisions of the Federal Propertyand Administrative Services Act of 1949, as amended.
    (b) The Indiana department of administration may enter intocooperative agreements pursuant to Section 203(n) of the FederalProperty and Administrative Services Act, as amended.
    (c) As to any property it elects to receive, the Indiana departmentof administration shall comply with the requirements of the FederalProperty and Administrative Services Act of 1949, as amended.
As added by Acts 1978, P.L.14, SEC.1.

IC 4-13-1-14
Retirement credits of transferred personnel
    Sec. 14. All retirement credits and any other legal rights ofpersonnel transferred to the department shall not be impaired by Acts1961, c.269.
(Formerly: Acts 1961, c.269, s.13.) As amended by P.L.5-1984,SEC.47.

IC 4-13-1-15
Application of law to state agencies and institutions
    Sec. 15. This chapter may not be construed to restrict the powersof the state board of accounts as prescribed by IC 5-11-1 or restrictthe powers and functions of the state police department as prescribedby IC 10-11-2. This chapter, except IC 4-13-1-4(1) andIC 4-13-1-4(3), does not apply to the state universities and Ivy Tech

Community College of Indiana.
(Formerly: Acts 1961, c.269, s.15; Acts 1967, c.279, s.2; Acts 1971,P.L.27, SEC.1.) As amended by Acts 1981, P.L.32, SEC.6;P.L.5-1995, SEC.2; P.L.2-2003, SEC.13; P.L.127-2005, SEC.3.

IC 4-13-1-16
Public works projects and state purchases; distribution of noticepertaining to procedures and qualifications
    Sec. 16. At least once each year, the department of administrationshall distribute to representatives of the news media throughoutIndiana a notice stating that information concerning:
        (1) the notice and bidding procedures for state public worksprojects and state purchases of supplies and services; and
        (2) the procedures for qualifying as:
            (A) a contractor for the design or construction of a statepublic works project; or
            (B) a vendor for a state purchase of services or supplies;
is available upon request from the department.
As added by P.L.28-1983, SEC.5.

IC 4-13-1-17
Insurance; loss or damage to property
    Sec. 17. (a) A state agency may not purchase insurance to coverloss or damage to property.
    (b) This section does not prohibit any of the following:
        (1) The purchase of title insurance by a state agency.
        (2) The purchase of insurance by a body corporate and politic.
        (3) The purchase of insurance to meet requirements for receiptof federal funds by a state agency.
        (4) The requiring of contractors to carry insurance.
        (5) The purchase of insurance to cover loss or damage to realproperty owned by the public employees' retirement fund or theIndiana state teachers' retirement fund.
        (6) The purchase of insurance to cover loss or destruction ofmoney or securities under the control of the treasurer of state.
        (7) The purchase of insurance by a state agency to cover loss ordamage to exhibits, artifacts, or other materials that are loanedto the agency.
        (8) The purchase of casualty and liability insurance for fosterparents (as defined in IC 27-1-30-4) on a group basis.
As added by P.L.24-1985, SEC.2. Amended by P.L.14-1986, SEC.1;P.L.28-1987, SEC.1; P.L.29-1987, SEC.1; P.L.28-1989, SEC.1.

IC 4-13-1-18
Disputes and bid protests; procedural rules; judicial review
    Sec. 18. (a) The department may adopt rules under IC 4-22-2providing procedures for disputes and bid protests.
    (b) Judicial review of the department's decision in a dispute or bidprotest is available only after exhausting the administrative remediesset forth in the rules.As added by P.L.5-1993, SEC.3.

IC 4-13-1-19
Property interests in contract awards
    Sec. 19. A bidder or an offeror does not gain a property interestin the award of a contract by the department unless the bidder orofferor is awarded the contract and the contract is completelyexecuted.
As added by P.L.5-1993, SEC.4.

IC 4-13-1-20
Inspection, appraisal, and inventory of property; reports; rulesgoverning protection and custody
    Sec. 20. (a) This section does not apply to property covered underIC 4-20.5-6-3.
    (b) The department shall do both of the following:
        (1) Provide for the periodic inspection, appraisal, and inventoryof all of the state's property.
        (2) Require reports from each state agency concerning theproperty in the custody of each state agency.
    (c) The department may adopt rules under IC 4-22-2 to govern theprotection and custody of the property of the state.
As added by P.L.7-1993, SEC.5.

IC 4-13-1-21
Provision of false information; sanctions
    Sec. 21. The department may impose any of the followingsanctions if the department determines that a bidder, offeror, orcontractor has knowingly or intentionally provided false informationto the department:
        (1) The bidder or offeror may be declared nonresponsive ornonresponsible.
        (2) The department may:
            (A) find the contractor in breach of the contract; and
            (B) recover all amounts paid under the contract.
        (3) The department may bar the bidder, offeror, or contractorfrom doing business with the state for a period not to exceedthree (3) years.
As added by P.L.29-1993, SEC.1.

IC 4-13-1-22
Report on professional services contracts
    Sec. 22. (a) As used in this section, "professional services" meansthe furnishing of services by any of the following:
        (1) A person licensed, certified, or registered under IC 25-2.1 orby any board listed in IC 25-1-5-3.
        (2) An attorney.
        (3) An expert witness, a court reporter, or an investigatorretained by the state in connection with judicial oradministrative proceedings involving the state.        (4) A minister, priest, rabbi, or another person empowered bythe person's religious faith to conduct religious services or toprovide spiritual counseling or guidance.
        (5) A person who performs services, the satisfactory renditionof which depends upon the person's unique training or skills.
    (b) Before August 15 of each year, each state agency shall filewith the commissioner a report concerning the professional servicescontracts that:
        (1) were awarded by that state agency during the previous statefiscal year; and
        (2) were not procured through the Indiana department ofadministration.
    (c) Before October 1 of each year, the commissioner shall compileand make available for public inspection a report concerning theprofessional services contracts awarded by each state agency duringthe preceding state fiscal year.
As added by P.L.49-1997, SEC.6.

IC 4-13-1-23
Central warehouse for supplies; warehousing and stationeryrevolving fund
    Sec. 23. (a) As used in this section, "supplies" has the meaning setforth in IC 5-22-2-38.
    (b) The commissioner shall establish a central warehouse.
    (c) Whenever the commissioner considers it advantageous topurchase supplies for use by state agencies for industries or forgeneral operating purposes, the commissioner may do so and storethe supplies in the state warehouse. The cost of purchasing thesupplies and the expense incident to storing them shall be paid in thefirst instance from the warehousing and stationery revolving fundestablished by subsection (f).
    (d) The commissioner shall keep all state agencies informed of thesupplies available in the warehouse.
    (e) The same procedure for requesting supplies from thewarehouse shall be followed as in requesting a purchase of thesupplies except that the request shall specify that the supplies shallbe drawn from the warehouse. The commissioner shall invoice toeach state agency, and file a claim for reimbursement for anysupplies furnished. The commissioner shall add to the actual cost anamount sufficient to pay for all warehouse and handling charges. Thecommissioner may not charge an amount in excess of the actual costand expense so as to show a profit in operating the warehouse.
    (f) The warehousing and stationery revolving fund is established.The fund may not exceed six hundred thousand dollars ($600,000).The fund must be used for the following:
        (1) Establishing a central warehouse.
        (2) Purchasing supplies when, in the commissioner's opinion, itis advantageous or essential to the proper and economicaloperation of state government.
As added by P.L.49-1997, SEC.7.
IC 4-13-1-24
Quantity purchase agreements for road salt or similar products
    Sec. 24. (a) As used in this section, "salt" means road salt oranother product used to treat snow or ice, or both snow and ice.
    (b) The department shall award quantity purchase agreements tovendors for the purchase of salt under IC 5-22.
    (c) A quantity purchase agreement awarded under this sectionmust require the vendor to offer to political subdivisions salt underthe quantity purchase agreement as provided in IC 5-22-17-9.
    (d) Political subdivisions:
        (1) may participate in the solicitation of purchase of salt bysubmitting the estimated volume of use to the department; and
        (2) shall be committed to purchasing the minimum fillpercentage submitted for solicitation.
    (e) The department may adopt rules under IC 4-22-2 formanagement and control of the process by which politicalsubdivisions may purchase salt.
As added by P.L.54-2009, SEC.1.