IC 5-22-13
    Chapter 13. Purchases From Qualified Nonprofit Agencies forPersons With Severe Disabilities

IC 5-22-13-1
"Qualified agency" defined
    Sec. 1. As used in this chapter, "qualified agency" refers to anonprofit agency for persons with severe disabilities that meets all ofthe following conditions:
        (1) The agency complies with Indiana laws governing privatenonprofit organizations.
        (2) The agency is certified by the Wage and Hour Division ofthe United States Department of Labor.
        (3) The agency meets the standards adopted by the secretary offamily and social services.
        (4) The agency makes reports under IC 16-32-2-7.
As added by P.L.49-1997, SEC.1.

IC 5-22-13-2
Conditions for purchases; political subdivisions
    Sec. 2. (a) This section applies only to a governmental body thatis a political subdivision.
    (b) A governmental body may purchase supplies and serviceswithout advertising or calling for bids from a qualified agency underthe same conditions as supplies produced by the department ofcorrection are purchased under IC 5-22-11.
As added by P.L.49-1997, SEC.1.

IC 5-22-13-3
Conditions for purchase; governmental bodies other than politicalsubdivisions
    Sec. 3. (a) This section applies to a governmental body notcovered by section 2 of this chapter.
    (b) A governmental body shall purchase supplies and serviceswithout advertising or calling for bids from a qualified agency underthe same conditions as supplies produced by the department ofcorrection are purchased under IC 5-22-11.
    (c) Except as provided in subsection (d), before a purchasingagent issues a solicitation for supplies or services, the purchasingagent shall do either of the following:
        (1) Obtain a written determination within seven (7) businessdays from:
            (A) the committee; or
            (B) a person designated by the committee;
        that no qualified agency can provide the supplies or services.
        (2) Certify that the supplies or services offered by a qualifiedagency cannot be obtained as required in section 5 of thischapter.
    (d) If a purchasing agent issues a solicitation for a consolidatedpurchase of supplies or services, or both, the purchasing agent shall

do either of the following:
        (1) Require vendors to purchase:
            (A) supplies;
            (B) services; or
            (C) both supplies and services;
        from a catalog of a qualified agency kept by the committee.
        (2) Establish scoring standards to ensure participation in thesolicitation by a qualified agency.
As added by P.L.49-1997, SEC.1. Amended by P.L.46-2007, SEC.3.

IC 5-22-13-4
Apportionment of purchases
    Sec. 4. A governmental body may apportion purchases of suppliesand services under this chapter on an equitable basis among theinterested qualified agencies.
As added by P.L.49-1997, SEC.1.

IC 5-22-13-5
Supplies and services must meet specifications; determination offair market price
    Sec. 5. (a) Supplies and services purchased under this chaptermust:
        (1) meet the specifications and needs of the purchasinggovernmental body; and
        (2) be purchased at a fair market price as described undersubsection (b).
    (b) A fair market price under this section must cover for thequalified agency the costs of raw materials, labor, overhead, anddelivery cost. In determining the fair market price, the purchasingagent shall use one (1) or more of the following:
        (1) Available information from reliable market sources.
        (2) A market survey from a person designated by the committee.
        (3) Previous contract prices.
        (4) The range of bids from the most recent solicitation,including a determination of:
            (A) the median price of the bids;
            (B) the average price of the bids; and
            (C) any market conditions or specifications that havechanged since the most recent solicitation.
As added by P.L.49-1997, SEC.1. Amended by P.L.46-2007, SEC.4.