CHAPTER 2. DEFINITIONS

IC 5-22-2
    Chapter 2. Definitions

IC 5-22-2-1
Applicability of definitions
    Sec. 1. Except as otherwise provided, the definitions in thischapter apply throughout this article.
As added by P.L.49-1997, SEC.1. Amended by P.L.165-2005, SEC.2and P.L.222-2005, SEC.25.

IC 5-22-2-1.3
"Affiliate"
    Sec. 1.3. "Affiliate" means a business entity that effectivelycontrols or is controlled by a contractor or is associated with acontractor under common ownership or control, whether byshareholdings or other means, including a subsidiary, parent, orsibling of a contractor.
As added by P.L.165-2005, SEC.3 and P.L.222-2005, SEC.26.Amended by P.L.1-2006, SEC.123.

IC 5-22-2-2
"Change order"
    Sec. 2. "Change order" means a written order that:
        (1) is signed by the purchasing agent; and
        (2) directs the contractor to make changes that the contractauthorizes the purchasing agent to order without the consent ofthe contractor.
As added by P.L.49-1997, SEC.1.

IC 5-22-2-2.5
"Consolidated purchase"
    Sec. 2.5. "Consolidated purchase" means the purchase of multiplesupplies or services from one (1) vendor.
As added by P.L.46-2007, SEC.1.

IC 5-22-2-2.7
"Committee"
    Sec. 2.7. "Committee" refers to the committee for the purchase ofproducts and services established under IC 16-32-2-2.
As added by P.L.46-2007, SEC.2.

IC 5-22-2-3
"Contract modification"
    Sec. 3. "Contract modification" means a written alteration:
        (1) in a specification, delivery point, rate of delivery, period ofperformance, price, quantity, or another provision of a contract;and
        (2) accomplished by mutual action of the parties to the contract.
As added by P.L.49-1997, SEC.1.
IC 5-22-2-4
"Contractor"
    Sec. 4. "Contractor" refers to a person who has a contract with agovernmental body.
As added by P.L.49-1997, SEC.1.

IC 5-22-2-5
"Cost reimbursement contract"
    Sec. 5. "Cost reimbursement contract" means a contract thatentitles a contractor to receive:
        (1) reimbursement for costs that are allowable and allocable inaccordance with the contract terms and the provisions of thisarticle; and
        (2) a fee, if any.
As added by P.L.49-1997, SEC.1.

IC 5-22-2-6
"Data"
    Sec. 6. "Data" means recorded information, regardless of its formor characteristics.
As added by P.L.49-1997, SEC.1.

IC 5-22-2-7
Repealed
    (Repealed by P.L.177-2005, SEC.47.)

IC 5-22-2-8
"Designee"
    Sec. 8. "Designee" means an authorized representative.
As added by P.L.49-1997, SEC.1.

IC 5-22-2-9
"Established catalog price"
    Sec. 9. "Established catalog price" refers to the price included ina catalog, price list, schedule, or other form that:
        (1) is regularly maintained by the manufacturer or contractor;
        (2) is either published or otherwise available for inspection bycustomers; and
        (3) states prices at which sales are currently or were last madeto a significant number of any category of buyers, or buyersconstituting the general buying public, for the supplies orservices involved.
As added by P.L.49-1997, SEC.1.

IC 5-22-2-10
"Executive branch"
    Sec. 10. "Executive branch" refers to the department of stategovernment provided in Articles 5 and 6 of the Constitution of theState of Indiana.
As added by P.L.49-1997, SEC.1.
IC 5-22-2-11
"Fiscal body"
    Sec. 11. "Fiscal body" means the following:
        (1) For a state agency, the term refers to the budget agency.
        (2) For a political subdivision, the term has the meaning setforth in IC 36-1-2-6.
        (3) For a governmental body not described in subdivision (1) or(2), the term means the person that has primary responsibilityfor the fiscal affairs of the governmental body.
As added by P.L.49-1997, SEC.1.

IC 5-22-2-12
"Gift"
    Sec. 12. "Gift" includes a bequest, cooperative agreement, andgrant.
As added by P.L.49-1997, SEC.1.

IC 5-22-2-13
"Governmental body"
    Sec. 13. "Governmental body" means an agency, a board, abranch, a bureau, a commission, a council, a department, aninstitution, an office, or another establishment of any of thefollowing:
        (1) The executive branch.
        (2) The judicial branch.
        (3) The legislative branch.
        (4) A political subdivision.
As added by P.L.49-1997, SEC.1.

IC 5-22-2-13.2
"Office of technology"
    Sec. 13.2. "Office of technology" refers to the office oftechnology established by IC 4-13.1-2-1.
As added by P.L.177-2005, SEC.21.

IC 5-22-2-13.5
"Internet"
    Sec. 13.5. "Internet" means the international computer network ofboth federal and nonfederal interoperable packet switched datanetworks, including the graphical subnetwork called the world wideweb.
As added by P.L.93-2004, SEC.4.

IC 5-22-2-13.7
"Internet purchasing site"
    Sec. 13.7. "Internet purchasing site" means an open andinteractive electronic environment that is designed to facilitate thepurchase of supplies by means of the Internet. The term includes anInternet purchasing site developed under IC 4-13-17.
As added by P.L.93-2004, SEC.5.
IC 5-22-2-13.9
Repealed
    (Repealed by P.L.177-2005, SEC.47.)

IC 5-22-2-14
"Invitation for bids"
    Sec. 14. "Invitation for bids" means all documents, whetherattached or incorporated by reference, used for soliciting bids.
As added by P.L.49-1997, SEC.1.

IC 5-22-2-15
"Judicial branch"
    Sec. 15. "Judicial branch" refers to the department of stategovernment provided in Article 7 of the Constitution of the State ofIndiana.
As added by P.L.49-1997, SEC.1.

IC 5-22-2-16
"Legislative branch"
    Sec. 16. "Legislative branch" refers to the department of stategovernment provided in Article 4 of the Constitution of the State ofIndiana.
As added by P.L.49-1997, SEC.1.

IC 5-22-2-17
"Offer"
    Sec. 17. (a) "Offer" means a response to a solicitation.
    (b) The term includes a bid, proposal, and quote.
As added by P.L.49-1997, SEC.1.

IC 5-22-2-18
"Offeror"
    Sec. 18. "Offeror" means a person that submits an offer to agovernmental body.
As added by P.L.49-1997, SEC.1.

IC 5-22-2-19
"Operating agreement"
    Sec. 19. "Operating agreement" has the meaning set forth inIC 5-23-2-7.
As added by P.L.49-1997, SEC.1.

IC 5-22-2-20
"Person"
    Sec. 20. "Person" includes an association, a business, acommittee, a corporation, a fiduciary, an individual, a joint stockcompany, a joint venture, a limited liability company, a partnership,a sole proprietorship, a trust, or another legal entity, organization, orgroup of individuals.
As added by P.L.49-1997, SEC.1.
IC 5-22-2-21
"Policy"
    Sec. 21. "Policy" refers to a governmental body's or purchasingagency's written statement of:
        (1) purchasing procedure; or
        (2) substantive purchasing purposes;
that does not have the force and effect of law.
As added by P.L.49-1997, SEC.1.

IC 5-22-2-22
"Political subdivision"
    Sec. 22. "Political subdivision" has the meaning set forth inIC 36-1-2-13.
As added by P.L.49-1997, SEC.1.

IC 5-22-2-23
"Public funds"
    Sec. 23. (a) "Public funds" means money:
        (1) derived from the revenue sources of the governmental body;and
        (2) deposited into the general or a special fund of thegovernmental body.
    (b) The term does not include either of the following:
        (1) Money received by any person managing or operating apublic facility under an authorized operating agreement underIC 5-23.
        (2) Proceeds of bonds payable exclusively by a private entity.
As added by P.L.49-1997, SEC.1.

IC 5-22-2-24
"Purchase"
    Sec. 24. (a) "Purchase" includes buy, procure, rent, lease, orotherwise acquire.
    (b) The term includes the following activities:
        (1) Description of requirements.
        (2) Solicitation or selection of sources.
        (3) Preparation and award of contract.
        (4) All phases of contract administration.
        (5) All functions that pertain to purchasing.
As added by P.L.49-1997, SEC.1.

IC 5-22-2-25
"Purchasing agency"
    Sec. 25. "Purchasing agency" means a governmental body that isauthorized to enter into contracts by this article, rules adopted underthis article, or by another law.
As added by P.L.49-1997, SEC.1.

IC 5-22-2-26
"Purchasing agent"    Sec. 26. "Purchasing agent" means an individual authorized by apurchasing agency to act as an agent for the purchasing agency in theadministration of the duties of the purchasing agency.
As added by P.L.49-1997, SEC.1.

IC 5-22-2-27
"Purchase description"
    Sec. 27. (a) "Purchase description" means the words used in asolicitation to describe the supplies or services to be purchased.
    (b) The term includes specifications attached to, or made a part of,the solicitation.
As added by P.L.49-1997, SEC.1.

IC 5-22-2-28
"Request for proposals" or "RFP"
    Sec. 28. "Request for proposals" or "RFP" means all documents,whether attached or incorporated by reference, used for solicitingproposals.
As added by P.L.49-1997, SEC.1.

IC 5-22-2-28.5
"Reverse auction"
    Sec. 28.5. "Reverse auction" means a method of purchasing inwhich offerors submit offers in an open and interactive environmentthrough the Internet.
As added by P.L.93-2004, SEC.6.

IC 5-22-2-29
"Rule"
    Sec. 29. "Rule" refers to the following:
        (1) With respect to an agency of the executive branch, a ruleadopted under IC 4-22-2.
        (2) With respect to a governmental body not described insubdivision (1), an order, an ordinance, a resolution, or anotherprocedure by which the governmental body is authorized by lawto adopt a policy that has the force and effect of law.
As added by P.L.49-1997, SEC.1.

IC 5-22-2-30
"Services"
    Sec. 30. "Services" means the furnishing of labor, time, or effortby a person, not involving the delivery of specific supplies other thanprinted documents or other items that are merely incidental to therequired performance.
As added by P.L.49-1997, SEC.1.

IC 5-22-2-31
"Social services"
    Sec. 31. "Social services" means services obtained from fundscovered by IC 12-13-10.As added by P.L.49-1997, SEC.1.

IC 5-22-2-32
"Solicitation"
    Sec. 32. (a) "Solicitation" means the procedure by which agovernmental body invites persons to submit an offer to enter into acontract with the governmental body for the purchase or sale ofsupplies by the governmental body.
    (b) The term includes an invitation for bids, a request forproposals, and a request for quotes.
As added by P.L.49-1997, SEC.1.

IC 5-22-2-33
"Special fund"
    Sec. 33. "Special fund", as used with respect to the state, meansa dedicated fund.
As added by P.L.49-1997, SEC.1.

IC 5-22-2-34
"Special purchase"
    Sec. 34. "Special purchase" refers to a purchase authorized underIC 5-22-10.
As added by P.L.49-1997, SEC.1.

IC 5-22-2-35
"Specification"
    Sec. 35. (a) "Specification" means a description of the physical orfunctional characteristics of a supply or service or the nature of asupply or service.
    (b) The term includes a description of any requirements forinspecting, testing, or preparing a supply or service for delivery.
As added by P.L.49-1997, SEC.1.

IC 5-22-2-36
"State agency"
    Sec. 36. "State agency" has the meaning set forth in IC 4-13-1-1.
As added by P.L.49-1997, SEC.1.

IC 5-22-2-37
    (Repealed by P.L.2-2007, SEC.390.)

IC 5-22-2-38
"Supplies"
    Sec. 38. (a) "Supplies" means any property.
    (b) The term includes equipment, goods, and materials. The termdoes not include an interest in real property.
As added by P.L.49-1997, SEC.1.

IC 5-22-2-39
"Using agency"    Sec. 39. "Using agency" means a governmental body that usessupplies or services purchased under this article.
As added by P.L.49-1997, SEC.1.