CHAPTER 17. CONTRACTS
IC 5-22-17
Chapter 17. Contracts
IC 5-22-17-1
Cost plus a percentage of cost contract
Sec. 1. A governmental body may not enter into a cost plus apercentage of cost contract.
As added by P.L.49-1997, SEC.1.
IC 5-22-17-2
Cost reimbursement contract
Sec. 2. A governmental body may enter into a cost reimbursementcontract if the purchasing agent determines in writing that thecontract is likely to be less costly to the governmental body than anyother contract type, or that it is impracticable to obtain the suppliesrequired except under such a contract.
As added by P.L.49-1997, SEC.1.
IC 5-22-17-3
Contracts for supplies; time periods
Sec. 3. (a) This section does not apply to a discounted contractualarrangement for services or supplies funded through a designatedleasing entity.
(b) Subject to subsections (c) through (e) and section 5 of thischapter, a contract for supplies may be entered into for a period notto exceed four (4) years.
(c) County and municipal hospitals may contract for the purchaseof supplies for more than one (1) year but not more than five (5)years if the supplies are purchased under IC 5-22-7.
(d) The contract must specify that payment and performanceobligations are subject to the appropriation and availability of funds.
(e) A political subdivision must have available a sufficientappropriation balance or an approved additional appropriation beforea purchasing agent may award a contract.
As added by P.L.49-1997, SEC.1.
IC 5-22-17-4
Renewal of contracts
Sec. 4. (a) A contract that contains a provision for escalation ofthe price of the contract may be renewed under this section if theprice escalation is computed using:
(1) a commonly accepted index named in the contract; or
(2) a formula set forth in the contract.
(b) Subject to section 5 of this chapter, with the agreement of thecontractor and the purchasing agency, a contract may be renewed anynumber of times.
(c) The term of a renewed contract may not be longer than theterm of the original contract.
As added by P.L.49-1997, SEC.1. Amended by P.L.153-1999, SEC.5.
IC 5-22-17-5
Funds not appropriated or not available; cancellation of contract
Sec. 5. (a) When the fiscal body of the governmental body makesa written determination that funds are not appropriated or otherwiseavailable to support continuation of performance of a contract, thecontract is considered canceled.
(b) A determination by the fiscal body that funds are notappropriated or otherwise available to support continuation ofperformance is final and conclusive.
As added by P.L.49-1997, SEC.1.
IC 5-22-17-6
Early performance; completion after termination date
Sec. 6. (a) The purchasing agent may specify in a contract thatearly performance of the contract will result in increasedcompensation at either:
(1) a percentage of the contract amount; or
(2) a specific dollar amount;
determined by the purchasing agent.
(b) The purchasing agent may specify in a contract thatcompletion of the contract after the termination date of the contractwill result in a deduction from the compensation in the contract ateither:
(1) a percentage of the contract amount; or
(2) a specific dollar amount;
determined by the purchasing agent.
(c) Notice of inclusion of contract provisions permitted under thissection in a contract must be included in the solicitation.
As added by P.L.49-1997, SEC.1.
IC 5-22-17-7
Contract for remediation of hazardous waste site
Sec. 7. (a) As used in this section, "release" means anydischarging, disposing, dumping, emitting, emptying, escaping,injecting, leaching, leaking, pouring, pumping, or spilling into theenvironment. The term includes the abandonment or discarding ofbarrels, containers, or other closed receptacles containing anypetroleum or hazardous substance.
(b) As used in this section, "remediation" means any of thefollowing:
(1) Actions necessary to prevent, minimize, or mitigate damagesto the public health or welfare or to the environment that mayotherwise result from a release or threat of a release.
(2) Actions consistent with a permanent remedy taken insteadof or in addition to removal actions in the event of a release ofpetroleum or a hazardous substance into the environment toeliminate the release of petroleum or hazardous substances sothat the petroleum or hazardous substances do not migrate tocause substantial danger to present or future public health orwelfare or the environment. (3) The cleanup or removal of released petroleum or hazardoussubstances from the environment.
(c) Notwithstanding section 3 of this chapter, a contract forremediation of a hazardous waste site may be entered into for anyperiod not to exceed ten (10) years. The other provisions of section3 of this chapter apply to a contract for remediation of hazardouswaste.
As added by P.L.49-1997, SEC.1.
IC 5-22-17-8
Contract for supplies and services to implement EBT program
Sec. 8. (a) As used in this section, "division" refers to the divisionof family resources established by IC 12-13-1-1.
(b) As used in this section, "EBT program" refers to an electronicbenefits transfer program.
(c) Notwithstanding section 3 of this chapter, the division mayenter into a contract for supplies and services to implement an EBTprogram for an initial period not to exceed five (5) years. Thedivision may renew the contract for any number of successiveperiods not to exceed two (2) years each.
As added by P.L.49-1997, SEC.1. Amended by P.L.145-2006,SEC.15.
IC 5-22-17-9
Extension of offers to political subdivisions
Sec. 9. A contract entered into by a state agency may require thecontractor to offer to political subdivisions the services or suppliesthat are the subject of the contract under conditions specified in thecontract.
As added by P.L.49-1997, SEC.1.
IC 5-22-17-10
Contract for petroleum products
Sec. 10. (a) As used in this section, "petroleum products" includesthe following:
(1) Gasoline.
(2) Fuel oils.
(3) Lubricants.
(4) Liquid asphalt.
(b) A purchasing agent may award a contract for petroleumproducts to:
(1) the lowest responsible and responsive offeror; or
(2) all responsible and responsive offerors.
(c) A contract entered into under this section may allow for theescalation or de-escalation of price.
(d) This subsection applies to a petroleum products contract thatis awarded to all responsible and responsive offerors as provided insubsection (b). The purchasing agent must purchase the petroleumproducts from the lowest of the responsible and responsive bidders.The contract must provide that the bidder from whom petroleum
products are being purchased shall provide five (5) business dayswritten notice of any change in price. Upon receipt of written notice,the purchasing agent shall request current price quotes in writingbased upon terms and conditions of the original offer (as awarded)from all successful responsible and responsive offerors. Thepurchasing agent shall record the quotes in minutes or memoranda.The purchasing agent shall purchase the petroleum products from thelowest responsible and responsive offeror, taking into account theprice change of the current supplier and the price quotes of the otherresponsible and responsive offerors.
As added by P.L.49-1997, SEC.1.
IC 5-22-17-11
Contract for sand, gravel, asphalt, paving materials, or crushedstone
Sec. 11. A county may award a sand, gravel, asphalt pavingmaterials, or crushed stone contract to more than one (1) responsibleand responsive offeror if both of the following apply:
(1) The specifications allow for offers to be based upon serviceto specific geographic areas.
(2) The contracts are awarded by geographic area.
The county is not required to describe the geographic areas in thespecifications.
As added by P.L.7-1998, SEC.7.
IC 5-22-17-12
Separate contracts; awarding contract to an offeror other than thelowest offeror
Sec. 12. (a) A solicitation may provide that offers will be receivedand contracts will be awarded separately or for any combination ofa line or a class of supplies or services contained in the solicitation.
(b) If the solicitation does not indicate how separate contractsmight be awarded, the purchasing agent may award separatecontracts to different offerors under this section only if thepurchasing agent makes a written determination showing that theaward of separate contracts is in the interest of efficiency oreconomy.
(c) If the purchasing agent awards a contract for a line or class ofsupplies or services, or any combination of lines or classes, to anofferor other than the lowest offeror, the purchasing agent must makea written determination stating the reasons for awarding a contract tothat offeror.
As added by P.L.7-1998, SEC.8.
IC 5-22-17-13
Contracts for supplies or services for an unspecified number ofitems at a fixed price per unit
Sec. 13. A solicitation may provide that the purchasing agent willaward a contract for supplies or services for an unspecified numberof items at a fixed price per unit. Such a contract may include a
formula or a method for escalation of the unit price.
As added by P.L.7-1998, SEC.9.
IC 5-22-17-14
Contracts involving steel products
Sec. 14. A contract awarded under this article must include therequirements of IC 5-22-15-25(c) unless the head of the purchasingagency makes a determination under IC 5-22-15-25(d).
As added by P.L.194-2001, SEC.3.