IC 5-22-13
Chapter 13. Purchases From Qualified Nonprofit Agencies for
Persons With Severe Disabilities
IC 5-22-13-1 "Qualified agency" defined
Sec. 1. As used in this chapter, "qualified agency" refers to a
nonprofit agency for persons with severe disabilities that meets all of
the following conditions:
(1) The agency complies with Indiana laws governing private
nonprofit organizations.
(2) The agency is certified by the Wage and Hour Division of
the United States Department of Labor.
(3) The agency meets the standards adopted by the secretary of
family 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 that
is a political subdivision.
(b) A governmental body may purchase supplies and services
without advertising or calling for bids from a qualified agency under
the same conditions as supplies produced by the department of
correction 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 political
subdivisions
Sec. 3. (a) This section applies to a governmental body not
covered by section 2 of this chapter.
(b) A governmental body shall purchase supplies and services
without advertising or calling for bids from a qualified agency under
the same conditions as supplies produced by the department of
correction are purchased under IC 5-22-11.
(c) Except as provided in subsection (d), before a purchasing
agent issues a solicitation for supplies or services, the purchasing
agent shall do either of the following:
(1) Obtain a written determination within seven (7) business
days 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 qualified
agency cannot be obtained as required in section 5 of this
chapter.
(d) If a purchasing agent issues a solicitation for a consolidated
purchase 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 the
solicitation 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 supplies
and services under this chapter on an equitable basis among the
interested qualified agencies. As added by P.L.49-1997, SEC.1.
IC 5-22-13-5 Supplies and services must meet specifications; determination of
fair market price
Sec. 5. (a) Supplies and services purchased under this chapter
must:
(1) meet the specifications and needs of the purchasing
governmental body; and
(2) be purchased at a fair market price as described under
subsection (b).
(b) A fair market price under this section must cover for the
qualified agency the costs of raw materials, labor, overhead, and
delivery cost. In determining the fair market price, the purchasing
agent 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 have
changed since the most recent solicitation. As added by P.L.49-1997, SEC.1. Amended by P.L.46-2007, SEC.4.
IC 5-22-13
Chapter 13. Purchases From Qualified Nonprofit Agencies for
Persons With Severe Disabilities
IC 5-22-13-1 "Qualified agency" defined
Sec. 1. As used in this chapter, "qualified agency" refers to a
nonprofit agency for persons with severe disabilities that meets all of
the following conditions:
(1) The agency complies with Indiana laws governing private
nonprofit organizations.
(2) The agency is certified by the Wage and Hour Division of
the United States Department of Labor.
(3) The agency meets the standards adopted by the secretary of
family 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 that
is a political subdivision.
(b) A governmental body may purchase supplies and services
without advertising or calling for bids from a qualified agency under
the same conditions as supplies produced by the department of
correction 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 political
subdivisions
Sec. 3. (a) This section applies to a governmental body not
covered by section 2 of this chapter.
(b) A governmental body shall purchase supplies and services
without advertising or calling for bids from a qualified agency under
the same conditions as supplies produced by the department of
correction are purchased under IC 5-22-11.
(c) Except as provided in subsection (d), before a purchasing
agent issues a solicitation for supplies or services, the purchasing
agent shall do either of the following:
(1) Obtain a written determination within seven (7) business
days 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 qualified
agency cannot be obtained as required in section 5 of this
chapter.
(d) If a purchasing agent issues a solicitation for a consolidated
purchase 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 the
solicitation 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 supplies
and services under this chapter on an equitable basis among the
interested qualified agencies. As added by P.L.49-1997, SEC.1.
IC 5-22-13-5 Supplies and services must meet specifications; determination of
fair market price
Sec. 5. (a) Supplies and services purchased under this chapter
must:
(1) meet the specifications and needs of the purchasing
governmental body; and
(2) be purchased at a fair market price as described under
subsection (b).
(b) A fair market price under this section must cover for the
qualified agency the costs of raw materials, labor, overhead, and
delivery cost. In determining the fair market price, the purchasing
agent 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 have
changed since the most recent solicitation. As added by P.L.49-1997, SEC.1. Amended by P.L.46-2007, SEC.4.
IC 5-22-13
Chapter 13. Purchases From Qualified Nonprofit Agencies for
Persons With Severe Disabilities
IC 5-22-13-1 "Qualified agency" defined
Sec. 1. As used in this chapter, "qualified agency" refers to a
nonprofit agency for persons with severe disabilities that meets all of
the following conditions:
(1) The agency complies with Indiana laws governing private
nonprofit organizations.
(2) The agency is certified by the Wage and Hour Division of
the United States Department of Labor.
(3) The agency meets the standards adopted by the secretary of
family 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 that
is a political subdivision.
(b) A governmental body may purchase supplies and services
without advertising or calling for bids from a qualified agency under
the same conditions as supplies produced by the department of
correction 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 political
subdivisions
Sec. 3. (a) This section applies to a governmental body not
covered by section 2 of this chapter.
(b) A governmental body shall purchase supplies and services
without advertising or calling for bids from a qualified agency under
the same conditions as supplies produced by the department of
correction are purchased under IC 5-22-11.
(c) Except as provided in subsection (d), before a purchasing
agent issues a solicitation for supplies or services, the purchasing
agent shall do either of the following:
(1) Obtain a written determination within seven (7) business
days 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 qualified
agency cannot be obtained as required in section 5 of this
chapter.
(d) If a purchasing agent issues a solicitation for a consolidated
purchase 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 the
solicitation 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 supplies
and services under this chapter on an equitable basis among the
interested qualified agencies. As added by P.L.49-1997, SEC.1.
IC 5-22-13-5 Supplies and services must meet specifications; determination of
fair market price
Sec. 5. (a) Supplies and services purchased under this chapter
must:
(1) meet the specifications and needs of the purchasing
governmental body; and
(2) be purchased at a fair market price as described under
subsection (b).
(b) A fair market price under this section must cover for the
qualified agency the costs of raw materials, labor, overhead, and
delivery cost. In determining the fair market price, the purchasing
agent 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 have
changed since the most recent solicitation. As added by P.L.49-1997, SEC.1. Amended by P.L.46-2007, SEC.4.
