IC 5-17
    ARTICLE 17. PUBLIC PURCHASES

IC 5-17-1
    Chapter 1. Purchases and Leases of Personal Property by StateAgencies

IC 5-17-1-1
Compliance with requirements of chapter; limits; exemptions
    Sec. 1. (a) This chapter applies to leases of equipment whether ornot title passes from the lessor to the lessee. The term "purchaser" asused in this chapter includes persons who make leases for equipment.
    (b) Any person, officer, board, commissioner, department,commission, or purchasing agent (designated as purchaser in thischapter) duly authorized and empowered by law or delegated andentrusted with authority to make purchases of material or materials,equipment, goods, and supplies, except current utility bills, or leasesof equipment, for any unit of the state shall comply with therequirements of this chapter whenever the total amount of anypurchase exceeds ten thousand dollars ($10,000) or total annualrental payment under any lease exceeds five thousand dollars($5,000).
    (c) In all cases of purchase of materials and supplies where thetotal amount of any such purchase does not exceed the sum of tenthousand dollars ($10,000), and in all cases of the lease of equipmentwhere the annual rental payment does not exceed five thousanddollars ($5,000), the purchaser or lessee may buy or lease in the openmarket without the giving of notice or the receiving of bids.
    (d) All purchases of similar materials, equipment, goods, andsupplies by any government unit from a person during a six (6)month period under subsection (c) may not exceed ten thousanddollars ($10,000), and the total annual rental payments to a personunder all leases for equipment under subsection (c) may not exceedfive thousand dollars ($5,000).
    (e) Materials, equipment, goods, and supplies may be purchased,or such equipment may be leased, from the United States governmentor any agency, division, or instrumentality thereof, without the givingof notice or the receiving of bids.
(Formerly: Acts 1945, c.99, s.1; Acts 1953, c.32, s.1; Acts 1963,c.328, s.1; Acts 1969, c.483, s.1.) As amended by Acts 1977, P.L.61,SEC.1; Acts 1979, P.L.45, SEC.1; Acts 1981, P.L.57, SEC.13;P.L.53-1986, SEC.1.

IC 5-17-1-2
Advertising for purchase of materials, etc., and lease of equipment;specifications; notice of time and place for receiving bids;procedures; open market; submission of certified check or bond bybidder; rejection
    Sec. 2. (a) In all cases of advertising for the purchase of materials,equipment, goods and supplies, and the lease of equipment, the

purchaser shall prepare specifications describing with reasonableparticularity the kind, quantity and quality of all materials,equipment, goods, and supplies which may be needed for anydesignated period. It may be provided in such specifications that bidswill be received and contracts let, separately, for each line or class ofmaterials, equipment, or supplies, or the specifications may providethat bids will be received and contracts let for the purchase or leaseof an unspecified number of items at a fixed price per unit.
    (b) Notice of the time and place for receiving of bids for thepurchase or lease shall be given in accordance with IC 5-3-1.
    (c) If the cost of the materials, equipment, goods, and supplies tobe purchased does not exceed ten thousand dollars ($10,000) or theequipment to be leased does not exceed five thousand dollars($5,000), the purchaser may invite bids from not less than three (3)persons, firms, limited liability companies, or corporations, knownto deal in the particular class or classes of materials, equipment,goods, or supplies described in the specifications, by mailing to eachperson, firm, limited liability company, or corporation a copy of suchspecifications not less than three (3) days before the time fixed forreceiving bids. Said purchaser or purchasers shall, after a satisfactorybid is received, award a contract to the lowest and best bidder foreach class of supplies, equipment, goods, or materials required,except that if less than three (3) bids are received, to the best bid soreceived.
    (d) If any purchaser invites or advertises for bids for any material,materials, equipment, goods or supplies, pursuant to the provisionsof this chapter, and does not receive a valid bid therefor or for anyitem thereof, in that event any such item or items of material,materials, equipment, goods or supplies so sought or advertised formay be purchased or equipment may be leased on the open marketwithout further advertisement for bids.
    (e) Any bidder may submit with his bid a certified check or thebond of a surety company admitted to do business in this state in theamount determined and specified by the purchasing agent in thenotice of the letting.
    (f) The purchaser may reject any and all bids and ask for newbids.
(Formerly: Acts 1945, c.99, s.2; Acts 1969, c.483, s.2.) As amendedby Acts 1977, P.L.61, SEC.2; Acts 1979, P.L.45, SEC.2; Acts 1981,P.L.57, SEC.14; P.L.38-1984, SEC.1; P.L.8-1993, SEC.69.

IC 5-17-1-2.5
Road or street work contracts; open price; material priceadjustments; limitation
    Sec. 2.5. (a) Notwithstanding sections 2 and 3 of this chapter andIC 8-23-9, the Indiana department of transportation may award apublic works contract for road or street work subject to the openprice provisions of IC 26-1-2-305.
    (b) Such a contract may provide that prices for constructionmaterials, including but not limited to liquid asphalts, are subject to

price of materials adjustment. When price adjustments are part of thecontract, the method of price adjustment shall be specified in thecontract.
    (c) Nothing in this section authorizes the expenditure of moneyover and above the total amount of money appropriated by the statefor road and street contracts.
As added by Acts 1980, P.L.34, SEC.1. Amended by Acts 1981,P.L.57, SEC.15; P.L.18-1990, SEC.15.

IC 5-17-1-3
Prescribed forms for trust bids, offers, proposals, estimates, orcontracts
    Sec. 3. (a) A purchaser may not make any purchase or contract forthe purchase of any material, equipment, goods, or supplies or thelease of equipment unless the bid, offer, proposal, estimate, orcontract of any person, firm, limited liability company, orcorporation offering any and all such articles for sale or equipmentfor lease is executed upon the forms prescribed by the state board ofaccounts setting forth the quantity, quality, and purchase or leaseprice of every article and thing proposed for sale or lease.
    (b) A bid, offer, proposal, estimate, or contract submitted by atrust (as defined in IC 30-4-1-1(a)) must identify each:
        (1) beneficiary of the trust; and
        (2) settlor empowered to revoke or modify the trust.
(Formerly: Acts 1945, c.99, s.3.) As amended by Acts 1977, P.L.61,SEC.3; P.L.336-1989(ss), SEC.16; P.L.8-1993, SEC.70.

IC 5-17-1-4
Delivery of original purchase order or lease; filing copies
    Sec. 4. Within thirty (30) days after the acceptance of any bid,offer, proposal, estimate, or contract for purchase of materials,equipment, goods, and supplies, or lease of equipment, the purchaseror purchasers shall:
        (1) deliver in person or mail to the seller or lessor the originalof each purchase order or lease;
        (2) retain a copy for his own records; and
        (3) when any purchase or lease is made for the state or anyagency or instrumentality thereof, file a copy of the purchaseorder or lease with the disbursing officer for the unit.
(Formerly: Acts 1945, c.99, s.4.) As amended by Acts 1977, P.L.61,SEC.4; Acts 1980, P.L.74, SEC.13; Acts 1981, P.L.57, SEC.16;P.L.53-1986, SEC.2.

IC 5-17-1-5
Bidders; violations; felony; sanction
    Sec. 5. A person making any such bid, offer, proposal, estimate orcontract to sell or lease, who knowingly violates this chaptercommits a Class D felony and may not be a party to or benefit fromany contract with a public body in the state for two (2) years from thedate of his conviction.(Formerly: Acts 1945, c.99, s.5.) As amended by Acts 1977, P.L.61,SEC.5; Acts 1978, P.L.2, SEC.520.

IC 5-17-1-6
Violations; felony
    Sec. 6. Any person, officer, board, commissioner, departmentcommission or purchasing agent who knowingly violates any of theterms of this chapter commits a Class D felony.
(Formerly: Acts 1945, c.99, s.6.) As amended by Acts 1977, P.L.61,SEC.7.

IC 5-17-1-7
Liability of purchasers for wrongful performance
    Sec. 7. Where in this chapter a duty is imposed upon thepurchasers, such duty shall be performed by the person, officer,clerk, or employee whose duty or employment require that they actfor any board, commission, department, or unit of governmentmaking any such purchase, and any such person, officer, clerk, oremployee shall be liable on his bond for any loss or damage resultingfrom a wrongful performance of such duty or from any violation ofany of the provisions of this chapter.
(Formerly: Acts 1945, c.99, s.7.) As amended by P.L.25-1986,SEC.94.

IC 5-17-1-8
Repealed
    (Repealed by Acts 1981, P.L.57, SEC.45.)

IC 5-17-1-8.1
Chapter to be supplemental to all laws; limitations
    Sec. 8.1. (a) This chapter is supplemental to all laws concerningthe purchase of material, equipment, goods, and supplies and thelease of equipment by the state. However, this chapter does notpreclude the extension beyond the contractual time period ofcontracts let pursuant to the provision of this chapter as an alternativeto advertising for new bids.
    (b) This chapter does not apply to:
        (1) purchases or leases made by the Indiana department oftransportation;
        (2) purchases made under IC 5-22;
        (3) state educational institutions;
        (4) the legislative department of state government; or
        (5) the judicial department of state government;
except that copies of purchase orders or leases shall be kept on fileand be open to public inspection.
As added by Acts 1981, P.L.57, SEC.17. Amended by P.L.53-1986,SEC.3; P.L.18-1990, SEC.16; P.L.49-1997, SEC.31; P.L.2-2007,SEC.105.
IC 5-17-1-9
Repealed
    (Repealed by Acts 1981, P.L.57, SEC.45.)

IC 5-17-1-10
Procurement preferences
    Sec. 10. A purchase under this chapter is subject to procurementpreferences provided under IC 5-22-15.
As added by P.L.19-1990, SEC.4. Amended by P.L.49-1997, SEC.32.

IC 5-17-1-11
Payment of gross retail tax condition of doing business
    Sec. 11. IC 5-22-16-4(b) applies to a lease or purchase of personalproperty made after June 30, 2003, by an agency (as defined inIC 4-13-2-1) or a state educational institution to the same extent asif the lease or purchase were subject to IC 5-22.
As added by P.L.254-2003, SEC.2. Amended by P.L.2-2007,SEC.106.