IC 4-13-1.6
Chapter 1.6. Statewide Price Contracts for Certain School
Corporation Purchases of Major Equipment Items
IC 4-13-1.6-1 "Contractor" defined
Sec. 1. As used in this chapter, "contractor" means a person
awarded a price contract. As added by P.L.49-1997, SEC.10.
IC 4-13-1.6-2 "Department" defined
Sec. 2. As used in this chapter, "department" refers to the Indiana
department of administration established by IC 4-13-1-2. As added by P.L.49-1997, SEC.10.
IC 4-13-1.6-3 "Major equipment item" defined
Sec. 3. (a) As used in this chapter, "major equipment item" refers
to any item that a school corporation considers:
(1) a significant equipment purchase; and
(2) reasonably likely to be purchased by several school
corporations.
(b) The term does not include the following:
(1) A textbook that has been adopted under IC 20-20-5.
(2) A special purpose bus (as defined in IC 20-27-2-10).
(3) A school bus (as defined in IC 20-27-2-8). As added by P.L.49-1997, SEC.10. Amended by P.L.1-2005, SEC.60.
IC 4-13-1.6-4 "Price contract" defined
Sec. 4. As used in this chapter, "price contract" refers to a contract
entered into by the department under section 11 of this chapter. As added by P.L.49-1997, SEC.10.
IC 4-13-1.6-5 "School corporation" defined
Sec. 5. As used in this chapter, "school corporation" has the
meaning set forth in IC 20-18-2-16. As added by P.L.49-1997, SEC.10. Amended by P.L.1-2005, SEC.61.
IC 4-13-1.6-6 Report by school corporation on major equipment purchases
Sec. 6. Before January 1 of a school year, each school corporation
may report to the department the following information concerning
major equipment purchases:
(1) The school corporation's anticipated requirements for
purchase of a particular major equipment item for the following
school year under a price contract.
(2) Any special requirements or specifications for the major
equipment item the school corporation wishes to purchase,
including the special requirements or specifications for the
particular major equipment item:
(A) required by law; or
(B) that an entity authorized or required by law establishes.
(3) The cost of the major equipment items that will be
purchased in each of the following categories:
(A) By cash.
(B) Under a security agreement.
(4) Other information requested by the department. As added by P.L.49-1997, SEC.10.
IC 4-13-1.6-7 Compilation of major equipment items purchased
Sec. 7. Before February 1 of each year, the department shall
compile the number of major equipment items reported under section
6 of this chapter. As added by P.L.49-1997, SEC.10.
IC 4-13-1.6-8 Specifications for major equipment items
Sec. 8. Subject to IC 5-22-5, the department shall develop
specifications for the major equipment items to be purchased. In
developing specifications, the department:
(1) shall consider the requirements and specifications reported
by school corporations under section 6 of this chapter; and
(2) must comply with the requirements and specifications for
the particular major equipment item:
(A) required by law; or
(B) that an entity authorized or required by law establishes. As added by P.L.49-1997, SEC.10.
IC 4-13-1.6-9 Solicitation of bids or proposals for major equipment items
Sec. 9. If the department believes that it will be cost effective to
award a price contract for a major equipment item, the department
shall solicit bids or proposals for the major equipment item under
IC 5-22. As added by P.L.49-1997, SEC.10.
IC 4-13-1.6-10 Solicitation; contents
Sec. 10. A solicitation must include the following:
(1) Notice that a bid or proposal must include prices based both
on cash sales and sales under security agreements.
(2) The provisions of the price contract required under section
13 of this chapter. As added by P.L.49-1997, SEC.10. IC 4-13-1.6-11 Public purchases; award of contract
Sec. 11. The department shall award a contract under IC 5-22. As added by P.L.49-1997, SEC.10.
IC 4-13-1.6-12 Price contracts; award to more than one contractor
Sec. 12. The department may award price contracts to more than
one (1) contractor. As added by P.L.49-1997, SEC.10.
IC 4-13-1.6-13 Price contracts; contents
Sec. 13. A price contract must contain the following provisions:
(1) The term of the price contract.
(2) A requirement that the contractor must sell a major
equipment item meeting specifications set forth in the
solicitation at the price offered for the major equipment item in
the contractor's bid or proposal.
(3) A requirement that the contractor must sell to a school
corporation requesting a purchase under the price contract.
(4) Except as provided in the solicitation, a statement specifying
that estimates of the number and kind of major equipment item
to be purchased do not bind the state to purchase a given
number or kind of major equipment item.
(5) A statement specifying that a contractor is not required to
sell under the price contract if the number of major equipment
items previously purchased exceeds the number of major
equipment items estimated in the solicitation for the number of
major equipment items to be purchased.
(6) A requirement that the contractor and the school corporation
must enter into a separate contract for the purchase of a major
equipment item.
(7) A statement specifying that the state is not a party to a
contract under subdivision (6).
(8) If the term of the price contract is for more than one (1)
year, a statement specifying what constitutes a significant
variation from the number of major equipment items or kind of
major equipment item to be purchased in the years following
the first year of the price contract for purposes of section 14 of
this chapter. As added by P.L.49-1997, SEC.10.
IC 4-13-1.6-14 Variations in number or kinds of major equipment items
Sec. 14. (a) This section applies only:
(1) if the term of the price contract is for more than one (1)
year; and
(2) after the first year of the term of the price contract.
(b) If the number of major equipment items or kind of major
equipment items purchased by school corporations varies
significantly from those indicated in the solicitation for the price
contract, the department may take any of the following actions:
(1) Purchase any excess or different major equipment item
required under a new price contract.
(2) With the consent of the contractor, amend the contract to
reflect the change in quantities or types of major equipment
items to be purchased.
(3) With the consent of the contractor, cancel the price contract
and solicit for a new price contract. As added by P.L.49-1997, SEC.10.
IC 4-13-1.6-15 Separate contract for major equipment item purchase; consistency
with price contract required
Sec. 15. A contract entered into under section 13(6) of this
chapter may not be inconsistent with the price contract. As added by P.L.49-1997, SEC.10.
IC 4-13-1.6-16 Price contracts; use by school corporations
Sec. 16. The department may require a school corporation that
requests to use a price contract to agree to purchase major equipment
items using the price contract as indicated in the school corporation's
request. As added by P.L.49-1997, SEC.10.
IC 4-13-1.6
Chapter 1.6. Statewide Price Contracts for Certain School
Corporation Purchases of Major Equipment Items
IC 4-13-1.6-1 "Contractor" defined
Sec. 1. As used in this chapter, "contractor" means a person
awarded a price contract. As added by P.L.49-1997, SEC.10.
IC 4-13-1.6-2 "Department" defined
Sec. 2. As used in this chapter, "department" refers to the Indiana
department of administration established by IC 4-13-1-2. As added by P.L.49-1997, SEC.10.
IC 4-13-1.6-3 "Major equipment item" defined
Sec. 3. (a) As used in this chapter, "major equipment item" refers
to any item that a school corporation considers:
(1) a significant equipment purchase; and
(2) reasonably likely to be purchased by several school
corporations.
(b) The term does not include the following:
(1) A textbook that has been adopted under IC 20-20-5.
(2) A special purpose bus (as defined in IC 20-27-2-10).
(3) A school bus (as defined in IC 20-27-2-8). As added by P.L.49-1997, SEC.10. Amended by P.L.1-2005, SEC.60.
IC 4-13-1.6-4 "Price contract" defined
Sec. 4. As used in this chapter, "price contract" refers to a contract
entered into by the department under section 11 of this chapter. As added by P.L.49-1997, SEC.10.
IC 4-13-1.6-5 "School corporation" defined
Sec. 5. As used in this chapter, "school corporation" has the
meaning set forth in IC 20-18-2-16. As added by P.L.49-1997, SEC.10. Amended by P.L.1-2005, SEC.61.
IC 4-13-1.6-6 Report by school corporation on major equipment purchases
Sec. 6. Before January 1 of a school year, each school corporation
may report to the department the following information concerning
major equipment purchases:
(1) The school corporation's anticipated requirements for
purchase of a particular major equipment item for the following
school year under a price contract.
(2) Any special requirements or specifications for the major
equipment item the school corporation wishes to purchase,
including the special requirements or specifications for the
particular major equipment item:
(A) required by law; or
(B) that an entity authorized or required by law establishes.
(3) The cost of the major equipment items that will be
purchased in each of the following categories:
(A) By cash.
(B) Under a security agreement.
(4) Other information requested by the department. As added by P.L.49-1997, SEC.10.
IC 4-13-1.6-7 Compilation of major equipment items purchased
Sec. 7. Before February 1 of each year, the department shall
compile the number of major equipment items reported under section
6 of this chapter. As added by P.L.49-1997, SEC.10.
IC 4-13-1.6-8 Specifications for major equipment items
Sec. 8. Subject to IC 5-22-5, the department shall develop
specifications for the major equipment items to be purchased. In
developing specifications, the department:
(1) shall consider the requirements and specifications reported
by school corporations under section 6 of this chapter; and
(2) must comply with the requirements and specifications for
the particular major equipment item:
(A) required by law; or
(B) that an entity authorized or required by law establishes. As added by P.L.49-1997, SEC.10.
IC 4-13-1.6-9 Solicitation of bids or proposals for major equipment items
Sec. 9. If the department believes that it will be cost effective to
award a price contract for a major equipment item, the department
shall solicit bids or proposals for the major equipment item under
IC 5-22. As added by P.L.49-1997, SEC.10.
IC 4-13-1.6-10 Solicitation; contents
Sec. 10. A solicitation must include the following:
(1) Notice that a bid or proposal must include prices based both
on cash sales and sales under security agreements.
(2) The provisions of the price contract required under section
13 of this chapter. As added by P.L.49-1997, SEC.10. IC 4-13-1.6-11 Public purchases; award of contract
Sec. 11. The department shall award a contract under IC 5-22. As added by P.L.49-1997, SEC.10.
IC 4-13-1.6-12 Price contracts; award to more than one contractor
Sec. 12. The department may award price contracts to more than
one (1) contractor. As added by P.L.49-1997, SEC.10.
IC 4-13-1.6-13 Price contracts; contents
Sec. 13. A price contract must contain the following provisions:
(1) The term of the price contract.
(2) A requirement that the contractor must sell a major
equipment item meeting specifications set forth in the
solicitation at the price offered for the major equipment item in
the contractor's bid or proposal.
(3) A requirement that the contractor must sell to a school
corporation requesting a purchase under the price contract.
(4) Except as provided in the solicitation, a statement specifying
that estimates of the number and kind of major equipment item
to be purchased do not bind the state to purchase a given
number or kind of major equipment item.
(5) A statement specifying that a contractor is not required to
sell under the price contract if the number of major equipment
items previously purchased exceeds the number of major
equipment items estimated in the solicitation for the number of
major equipment items to be purchased.
(6) A requirement that the contractor and the school corporation
must enter into a separate contract for the purchase of a major
equipment item.
(7) A statement specifying that the state is not a party to a
contract under subdivision (6).
(8) If the term of the price contract is for more than one (1)
year, a statement specifying what constitutes a significant
variation from the number of major equipment items or kind of
major equipment item to be purchased in the years following
the first year of the price contract for purposes of section 14 of
this chapter. As added by P.L.49-1997, SEC.10.
IC 4-13-1.6-14 Variations in number or kinds of major equipment items
Sec. 14. (a) This section applies only:
(1) if the term of the price contract is for more than one (1)
year; and
(2) after the first year of the term of the price contract.
(b) If the number of major equipment items or kind of major
equipment items purchased by school corporations varies
significantly from those indicated in the solicitation for the price
contract, the department may take any of the following actions:
(1) Purchase any excess or different major equipment item
required under a new price contract.
(2) With the consent of the contractor, amend the contract to
reflect the change in quantities or types of major equipment
items to be purchased.
(3) With the consent of the contractor, cancel the price contract
and solicit for a new price contract. As added by P.L.49-1997, SEC.10.
IC 4-13-1.6-15 Separate contract for major equipment item purchase; consistency
with price contract required
Sec. 15. A contract entered into under section 13(6) of this
chapter may not be inconsistent with the price contract. As added by P.L.49-1997, SEC.10.
IC 4-13-1.6-16 Price contracts; use by school corporations
Sec. 16. The department may require a school corporation that
requests to use a price contract to agree to purchase major equipment
items using the price contract as indicated in the school corporation's
request. As added by P.L.49-1997, SEC.10.
IC 4-13-1.6
Chapter 1.6. Statewide Price Contracts for Certain School
Corporation Purchases of Major Equipment Items
IC 4-13-1.6-1 "Contractor" defined
Sec. 1. As used in this chapter, "contractor" means a person
awarded a price contract. As added by P.L.49-1997, SEC.10.
IC 4-13-1.6-2 "Department" defined
Sec. 2. As used in this chapter, "department" refers to the Indiana
department of administration established by IC 4-13-1-2. As added by P.L.49-1997, SEC.10.
IC 4-13-1.6-3 "Major equipment item" defined
Sec. 3. (a) As used in this chapter, "major equipment item" refers
to any item that a school corporation considers:
(1) a significant equipment purchase; and
(2) reasonably likely to be purchased by several school
corporations.
(b) The term does not include the following:
(1) A textbook that has been adopted under IC 20-20-5.
(2) A special purpose bus (as defined in IC 20-27-2-10).
(3) A school bus (as defined in IC 20-27-2-8). As added by P.L.49-1997, SEC.10. Amended by P.L.1-2005, SEC.60.
IC 4-13-1.6-4 "Price contract" defined
Sec. 4. As used in this chapter, "price contract" refers to a contract
entered into by the department under section 11 of this chapter. As added by P.L.49-1997, SEC.10.
IC 4-13-1.6-5 "School corporation" defined
Sec. 5. As used in this chapter, "school corporation" has the
meaning set forth in IC 20-18-2-16. As added by P.L.49-1997, SEC.10. Amended by P.L.1-2005, SEC.61.
IC 4-13-1.6-6 Report by school corporation on major equipment purchases
Sec. 6. Before January 1 of a school year, each school corporation
may report to the department the following information concerning
major equipment purchases:
(1) The school corporation's anticipated requirements for
purchase of a particular major equipment item for the following
school year under a price contract.
(2) Any special requirements or specifications for the major
equipment item the school corporation wishes to purchase,
including the special requirements or specifications for the
particular major equipment item:
(A) required by law; or
(B) that an entity authorized or required by law establishes.
(3) The cost of the major equipment items that will be
purchased in each of the following categories:
(A) By cash.
(B) Under a security agreement.
(4) Other information requested by the department. As added by P.L.49-1997, SEC.10.
IC 4-13-1.6-7 Compilation of major equipment items purchased
Sec. 7. Before February 1 of each year, the department shall
compile the number of major equipment items reported under section
6 of this chapter. As added by P.L.49-1997, SEC.10.
IC 4-13-1.6-8 Specifications for major equipment items
Sec. 8. Subject to IC 5-22-5, the department shall develop
specifications for the major equipment items to be purchased. In
developing specifications, the department:
(1) shall consider the requirements and specifications reported
by school corporations under section 6 of this chapter; and
(2) must comply with the requirements and specifications for
the particular major equipment item:
(A) required by law; or
(B) that an entity authorized or required by law establishes. As added by P.L.49-1997, SEC.10.
IC 4-13-1.6-9 Solicitation of bids or proposals for major equipment items
Sec. 9. If the department believes that it will be cost effective to
award a price contract for a major equipment item, the department
shall solicit bids or proposals for the major equipment item under
IC 5-22. As added by P.L.49-1997, SEC.10.
IC 4-13-1.6-10 Solicitation; contents
Sec. 10. A solicitation must include the following:
(1) Notice that a bid or proposal must include prices based both
on cash sales and sales under security agreements.
(2) The provisions of the price contract required under section
13 of this chapter. As added by P.L.49-1997, SEC.10. IC 4-13-1.6-11 Public purchases; award of contract
Sec. 11. The department shall award a contract under IC 5-22. As added by P.L.49-1997, SEC.10.
IC 4-13-1.6-12 Price contracts; award to more than one contractor
Sec. 12. The department may award price contracts to more than
one (1) contractor. As added by P.L.49-1997, SEC.10.
IC 4-13-1.6-13 Price contracts; contents
Sec. 13. A price contract must contain the following provisions:
(1) The term of the price contract.
(2) A requirement that the contractor must sell a major
equipment item meeting specifications set forth in the
solicitation at the price offered for the major equipment item in
the contractor's bid or proposal.
(3) A requirement that the contractor must sell to a school
corporation requesting a purchase under the price contract.
(4) Except as provided in the solicitation, a statement specifying
that estimates of the number and kind of major equipment item
to be purchased do not bind the state to purchase a given
number or kind of major equipment item.
(5) A statement specifying that a contractor is not required to
sell under the price contract if the number of major equipment
items previously purchased exceeds the number of major
equipment items estimated in the solicitation for the number of
major equipment items to be purchased.
(6) A requirement that the contractor and the school corporation
must enter into a separate contract for the purchase of a major
equipment item.
(7) A statement specifying that the state is not a party to a
contract under subdivision (6).
(8) If the term of the price contract is for more than one (1)
year, a statement specifying what constitutes a significant
variation from the number of major equipment items or kind of
major equipment item to be purchased in the years following
the first year of the price contract for purposes of section 14 of
this chapter. As added by P.L.49-1997, SEC.10.
IC 4-13-1.6-14 Variations in number or kinds of major equipment items
Sec. 14. (a) This section applies only:
(1) if the term of the price contract is for more than one (1)
year; and
(2) after the first year of the term of the price contract.
(b) If the number of major equipment items or kind of major
equipment items purchased by school corporations varies
significantly from those indicated in the solicitation for the price
contract, the department may take any of the following actions:
(1) Purchase any excess or different major equipment item
required under a new price contract.
(2) With the consent of the contractor, amend the contract to
reflect the change in quantities or types of major equipment
items to be purchased.
(3) With the consent of the contractor, cancel the price contract
and solicit for a new price contract. As added by P.L.49-1997, SEC.10.
IC 4-13-1.6-15 Separate contract for major equipment item purchase; consistency
with price contract required
Sec. 15. A contract entered into under section 13(6) of this
chapter may not be inconsistent with the price contract. As added by P.L.49-1997, SEC.10.
IC 4-13-1.6-16 Price contracts; use by school corporations
Sec. 16. The department may require a school corporation that
requests to use a price contract to agree to purchase major equipment
items using the price contract as indicated in the school corporation's
request. As added by P.L.49-1997, SEC.10.
