CHAPTER 6.5. MINORITY BUSINESS CERTIFICATION

IC 5-16-6.5
    Chapter 6.5. Minority Business Certification

IC 5-16-6.5-1
"Disadvantaged business enterprise" defined
    Sec. 1. As used in this chapter, "disadvantaged businessenterprise" means a minority business enterprise as defined inIC 4-13-16.5-1.
As added by P.L.70-1987, SEC.1.

IC 5-16-6.5-2
"Public agency" defined
    Sec. 2. As used in this chapter, "public agency" includes thefollowing:
        (1) A political subdivision as defined in IC 36-1-2-13.
        (2) A municipally owned utility.
        (3) A lessor corporation leasing a school building to a schoolcorporation under IC 20-47-2 or IC 20-47-3.
        (4) A lessor corporation constructing a public facility to beleased to a political subdivision.
        (5) A state agency.
        (6) Any entity established by the general assembly as a bodycorporate and politic.
As added by P.L.70-1987, SEC.1. Amended by P.L.2-2006, SEC.30.

IC 5-16-6.5-3
"Women-owned business enterprise" defined
    Sec. 3. As used in this chapter, "women-owned businessenterprise" means a business that is at least fifty-one percent (51%)owned and controlled (as defined in IC 4-13-16.5-1) by a woman orwomen.
As added by P.L.70-1987, SEC.1.

IC 5-16-6.5-4
False representations by contractor to public agency; breach ofcontract
    Sec. 4. A contractor who, knowingly or intentionally, falselyrepresents to a public agency that the contractor:
        (1) is a disadvantaged business enterprise or a women-ownedbusiness enterprise; or
        (2) will use the services or commodities of a disadvantagedbusiness enterprise or a women-owned business enterprise;
is in breach of contract.
As added by P.L.70-1987, SEC.1.

IC 5-16-6.5-5
Penalties for breach of contract
    Sec. 5. (a) If a breach of contract occurs under section 4 of thischapter, the public agency shall suspend all payments to thecontractor under that contract unless it determines that the contractor

made a good faith effort to avoid the breach but was unable to do so.
    (b) If the public agency determines that the contractor did not actto avoid the breach, it may:
        (1) rescind the contract and recover all amounts paid under it ifthe breach occurs under section 4(1) of this chapter;
        (2) recover all amounts paid to the contractor under the contractthat were intended for expenditure with a disadvantagedbusiness enterprise or a women owned business enterprise if thebreach occurred under section 4(2) of this chapter; or
        (3) employ any legal or administrative remedies that the agencyprescribes by rule or in the contract.
As added by P.L.70-1987, SEC.1. Amended by P.L.71-1989, SEC.1.

IC 5-16-6.5-6
Bidding restrictions on contractors breaching contracts
    Sec. 6. If a contractor commits a breach of contract under section4 of this chapter, the contractor is prohibited from bidding oncontracts awarded by any public agency for up to thirty-six (36)months. The public agency shall determine the period of time duringwhich the contractor is prohibited from bidding on contracts underthis section.
As added by P.L.70-1987, SEC.1. Amended by P.L.71-1989, SEC.2.