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

IC 4-13-1.6-1
"Contractor" defined
    Sec. 1. As used in this chapter, "contractor" means a personawarded a price contract.
As added by P.L.49-1997, SEC.10.

IC 4-13-1.6-2
"Department" defined
    Sec. 2. As used in this chapter, "department" refers to the Indianadepartment 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" defined
    Sec. 3. (a) As used in this chapter, "major equipment item" refersto any item that a school corporation considers:
        (1) a significant equipment purchase; and
        (2) reasonably likely to be purchased by several schoolcorporations.
    (b) The term does not include the following:
        (1) A textbook that has been adopted under IC 20-20-5.
        (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.

IC 4-13-1.6-4
"Price contract" defined
    Sec. 4. As used in this chapter, "price contract" refers to a contractentered 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" defined
    Sec. 5. As used in this chapter, "school corporation" has themeaning 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 4-13-1.6-6
Report by school corporation on major equipment purchases
    Sec. 6. Before January 1 of a school year, each school corporationmay report to the department the following information concerningmajor equipment purchases:
        (1) The school corporation's anticipated requirements forpurchase of a particular major equipment item for the followingschool 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 theparticular 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 bepurchased 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 4-13-1.6-7
Compilation of major equipment items purchased
    Sec. 7. Before February 1 of each year, the department shallcompile the number of major equipment items reported under section6 of this chapter.
As added by P.L.49-1997, SEC.10.

IC 4-13-1.6-8
Specifications for major equipment items
    Sec. 8. Subject to IC 5-22-5, the department shall developspecifications for the major equipment items to be purchased. Indeveloping specifications, the department:
        (1) shall consider the requirements and specifications reportedby school corporations under section 6 of this chapter; and
        (2) must comply with the requirements and specifications forthe 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 4-13-1.6-9
Solicitation of bids or proposals for major equipment items
    Sec. 9. If the department believes that it will be cost effective toaward a price contract for a major equipment item, the departmentshall solicit bids or proposals for the major equipment item underIC 5-22.
As added by P.L.49-1997, SEC.10.

IC 4-13-1.6-10
Solicitation; contents
    Sec. 10. A solicitation must include the following:
        (1) Notice that a bid or proposal must include prices based bothon cash sales and sales under security agreements.
        (2) The provisions of the price contract required under section13 of this chapter.
As added by P.L.49-1997, SEC.10.
IC 4-13-1.6-11
Public 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 4-13-1.6-12
Price contracts; award to more than one contractor
    Sec. 12. The department may award price contracts to more thanone (1) contractor.
As added by P.L.49-1997, SEC.10.

IC 4-13-1.6-13
Price 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 majorequipment item meeting specifications set forth in thesolicitation at the price offered for the major equipment item inthe contractor's bid or proposal.
        (3) A requirement that the contractor must sell to a schoolcorporation requesting a purchase under the price contract.
        (4) Except as provided in the solicitation, a statement specifyingthat estimates of the number and kind of major equipment itemto be purchased do not bind the state to purchase a givennumber or kind of major equipment item.
        (5) A statement specifying that a contractor is not required tosell under the price contract if the number of major equipmentitems previously purchased exceeds the number of majorequipment items estimated in the solicitation for the number ofmajor equipment items to be purchased.
        (6) A requirement that the contractor and the school corporationmust enter into a separate contract for the purchase of a majorequipment item.
        (7) A statement specifying that the state is not a party to acontract under subdivision (6).
        (8) If the term of the price contract is for more than one (1)year, a statement specifying what constitutes a significantvariation from the number of major equipment items or kind ofmajor equipment item to be purchased in the years followingthe first year of the price contract for purposes of section 14 ofthis chapter.
As added by P.L.49-1997, SEC.10.

IC 4-13-1.6-14
Variations 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 variessignificantly from those indicated in the solicitation for the pricecontract, the department may take any of the following actions:
        (1) Purchase any excess or different major equipment itemrequired under a new price contract.
        (2) With the consent of the contractor, amend the contract toreflect the change in quantities or types of major equipmentitems to be purchased.
        (3) With the consent of the contractor, cancel the price contractand solicit for a new price contract.
As added by P.L.49-1997, SEC.10.

IC 4-13-1.6-15
Separate contract for major equipment item purchase; consistencywith price contract required
    Sec. 15. A contract entered into under section 13(6) of thischapter may not be inconsistent with the price contract.
As added by P.L.49-1997, SEC.10.

IC 4-13-1.6-16
Price contracts; use by school corporations
    Sec. 16. The department may require a school corporation thatrequests to use a price contract to agree to purchase major equipmentitems using the price contract as indicated in the school corporation'srequest.
As added by P.L.49-1997, SEC.10.