IC 5-22-3-1 Good faith requirement
Sec. 1. All parties involved in the negotiation, performance, or
administration of contracts under this article shall act in good faith. As added by P.L.49-1997, SEC.1.
IC 5-22-3-2 Compliance with terms and conditions of gift
Sec. 2. Notwithstanding this article, a governmental body may
comply with the terms and conditions of a gift if noncompliance with
those terms and conditions would invalidate the gift. As added by P.L.49-1997, SEC.1.
IC 5-22-3-3 Rules; written policies
Sec. 3. (a) A governmental body may adopt rules to regulate
purchases of the governmental body. A rule adopted under this
subsection may:
(1) supplement this article; and
(2) not be inconsistent with this article.
(b) The purchasing agency of a governmental body may establish
written policies for purchases made by the purchasing agency. The
written policies may apply to all purchases generally or to a specific
purchase as stated in the solicitation for the purchase. A written
policy established under this subsection may:
(1) supplement this article or a rule adopted by the purchasing
agency's governmental body; and
(2) not be inconsistent with this article or a rule adopted by the
purchasing agency's governmental body. As added by P.L.49-1997, SEC.1.
IC 5-22-3-4 Electronic transmission of notice or other materials
Sec. 4. (a) Whenever this article requires that notice or other
material be sent by mail, the material may be sent by electronic
means as stated in any of the following:
(1) Rules adopted by the governmental body.
(2) Written policies of the purchasing agency.
(3) A solicitation.
(b) Rules, written policies, and solicitation statements described
in subsection (a):
(1) are subject to this article; and
(2) must provide that the transmission of information is at least
as efficient and secure as sending the material by mail.
(c) A governmental body may receive electronic offers if both of
the following apply:
(1) The solicitation indicates the procedure for transmitting the
electronic offer to the governmental body.
(2) The governmental body receives the offer on a fax machine,
by electronic mail, or by means of another electronic system
that has a security feature that protects the content of an
electronic offer with the same degree of protection as the
content of an offer that is not transmitted by electronic means.
(d) A governmental body conducting a reverse auction must
receive electronic offers for supplies through an Internet purchasing
site. As added by P.L.49-1997, SEC.1. Amended by P.L.31-2002, SEC.2;
P.L.1-2003, SEC.19; P.L.93-2004, SEC.7.
IC 5-22-3-5 Offers submitted by trusts
Sec. 5. (a) This section applies whenever a trust submits an offer
to a governmental body to do either of the following:
(1) Enter into a contract with the governmental body.
(2) Purchase surplus property from the governmental body
under this article.
(b) As used in this section, "trust" has the meaning set forth in
IC 30-4-1-1(a).
(c) An offer submitted by a trust must identify all of the
following:
(1) Each beneficiary of the trust.
(2) Each settlor empowered to revoke or modify the trust. As added by P.L.49-1997, SEC.1.
IC 5-22-3-6 Property interest in award of contract
Sec. 6. An offeror does not gain a property interest in the award
of a contract by a governmental body unless:
(1) the offeror is awarded the contract; and
(2) the contract is completely executed. As added by P.L.49-1997, SEC.1.
IC 5-22-3-7 Prospective contractors required to make certifications concerning
deceptive acts and telephone privacy; sanctions
Sec. 7. (a) This section applies to every use of funds by a
governmental body. However, this section does not apply to a
contract in which one (1) party is a political subdivision, including
a body corporate and politic created by or authorized by a political
subdivision.
(b) A prospective contractor may not contract with a
governmental body unless the prospective contractor includes the
following certifications as terms of the contract with the
governmental body:
(1) The contractor and any principals of the contractor certify
that:
(A) the contractor, except for de minimis and nonsystematic
violations, has not violated the terms of:
(i) IC 24-4.7;
(ii) IC 24-5-12; or
(iii) IC 24-5-14;
in the previous three hundred sixty-five (365) days, even if
IC 24-4.7 is preempted by federal law; and
(B) the contractor will not violate the terms of IC 24-4.7 for
the duration of the contract, even if IC 24-4.7 is preempted
by federal law.
(2) The contractor and any principals of the contractor certify
that an affiliate or principal of the contractor and any agent
acting on behalf of the contractor or on behalf of an affiliate or
principal of the contractor:
(A) except for de minimis and nonsystematic violations, has
not violated the terms of IC 24-4.7 in the previous three
hundred sixty-five (365) days, even if IC 24-4.7 is preempted
by federal law; and
(B) will not violate the terms of IC 24-4.7 for the duration of
the contract, even if IC 24-4.7 is preempted by federal law.
(c) If a certification in subsection (b) concerning compliance with
IC 24-4.7, IC 24-5-12, or IC 24-5-14 is materially false or if the
contractor, an affiliate or a principal of the contractor, or an agent
acting on behalf of the contractor or an affiliate or a principal of the
contractor violates the terms of IC 24-4.7, IC 24-5-12, or IC 24-5-14,
even if IC 24-4.7 is preempted by federal law, the attorney general
may bring a civil action in the circuit or superior court of Marion
County to:
(1) void a contract under this section, subject to subsection (d);
and
(2) obtain other proper relief.
However, a contractor is not liable under this section if the contractor
or an affiliate of the contractor acquires another business entity that
violated the terms of IC 24-4.7, IC 24-5-12, or IC 24-5-14 within the
preceding three hundred sixty-five (365) days before the date of the
acquisition if the acquired business entity ceases violating IC 24-4.7,
IC 24-5-12, or IC 24-5-14, even if IC 24-4.7 is preempted by federal
law, as of the date of the acquisition.
(d) If:
(1) the attorney general notifies the contractor, department of
administration, and budget agency in writing of the intention of
the attorney general to void a contract; and
(2) the attorney general does not receive a written objection
from the department of administration or budget agency, sent to
both the attorney general and the contractor, within thirty (30)
days of the notice;
a contract between a contractor and a governmental body is voidable
at the election of the attorney general in a civil action brought under
subsection (c). If an objection of the department of administration or
the budget agency is submitted under subdivision (2), the contract
that is the subject of the objection is not voidable at the election of
the attorney general unless the objection is rescinded or withdrawn
by the department of administration or the budget agency.
(e) If the attorney general establishes in a civil action that a
contractor is knowingly, intentionally, or recklessly liable under
subsection (c), the contractor is prohibited from entering into a
contract with a governmental body for three hundred sixty-five (365)
days after the date on which the contractor exhausts appellate
remedies.
(f) In addition to any remedy obtained in a civil action brought
under this section, the attorney general may obtain the following:
(1) All money the contractor obtained through each telephone
call made in violation of the terms of IC 24-4.7, IC 24-5-12, or
IC 24-5-14, even if IC 24-4.7 is preempted by federal law.
(2) The attorney general's reasonable expenses incurred in:
(A) investigation; and
(B) maintaining the civil action. As added by P.L.165-2005, SEC.4 and P.L.222-2005, SEC.27.
IC 5-22-3-1 Good faith requirement
Sec. 1. All parties involved in the negotiation, performance, or
administration of contracts under this article shall act in good faith. As added by P.L.49-1997, SEC.1.
IC 5-22-3-2 Compliance with terms and conditions of gift
Sec. 2. Notwithstanding this article, a governmental body may
comply with the terms and conditions of a gift if noncompliance with
those terms and conditions would invalidate the gift. As added by P.L.49-1997, SEC.1.
IC 5-22-3-3 Rules; written policies
Sec. 3. (a) A governmental body may adopt rules to regulate
purchases of the governmental body. A rule adopted under this
subsection may:
(1) supplement this article; and
(2) not be inconsistent with this article.
(b) The purchasing agency of a governmental body may establish
written policies for purchases made by the purchasing agency. The
written policies may apply to all purchases generally or to a specific
purchase as stated in the solicitation for the purchase. A written
policy established under this subsection may:
(1) supplement this article or a rule adopted by the purchasing
agency's governmental body; and
(2) not be inconsistent with this article or a rule adopted by the
purchasing agency's governmental body. As added by P.L.49-1997, SEC.1.
IC 5-22-3-4 Electronic transmission of notice or other materials
Sec. 4. (a) Whenever this article requires that notice or other
material be sent by mail, the material may be sent by electronic
means as stated in any of the following:
(1) Rules adopted by the governmental body.
(2) Written policies of the purchasing agency.
(3) A solicitation.
(b) Rules, written policies, and solicitation statements described
in subsection (a):
(1) are subject to this article; and
(2) must provide that the transmission of information is at least
as efficient and secure as sending the material by mail.
(c) A governmental body may receive electronic offers if both of
the following apply:
(1) The solicitation indicates the procedure for transmitting the
electronic offer to the governmental body.
(2) The governmental body receives the offer on a fax machine,
by electronic mail, or by means of another electronic system
that has a security feature that protects the content of an
electronic offer with the same degree of protection as the
content of an offer that is not transmitted by electronic means.
(d) A governmental body conducting a reverse auction must
receive electronic offers for supplies through an Internet purchasing
site. As added by P.L.49-1997, SEC.1. Amended by P.L.31-2002, SEC.2;
P.L.1-2003, SEC.19; P.L.93-2004, SEC.7.
IC 5-22-3-5 Offers submitted by trusts
Sec. 5. (a) This section applies whenever a trust submits an offer
to a governmental body to do either of the following:
(1) Enter into a contract with the governmental body.
(2) Purchase surplus property from the governmental body
under this article.
(b) As used in this section, "trust" has the meaning set forth in
IC 30-4-1-1(a).
(c) An offer submitted by a trust must identify all of the
following:
(1) Each beneficiary of the trust.
(2) Each settlor empowered to revoke or modify the trust. As added by P.L.49-1997, SEC.1.
IC 5-22-3-6 Property interest in award of contract
Sec. 6. An offeror does not gain a property interest in the award
of a contract by a governmental body unless:
(1) the offeror is awarded the contract; and
(2) the contract is completely executed. As added by P.L.49-1997, SEC.1.
IC 5-22-3-7 Prospective contractors required to make certifications concerning
deceptive acts and telephone privacy; sanctions
Sec. 7. (a) This section applies to every use of funds by a
governmental body. However, this section does not apply to a
contract in which one (1) party is a political subdivision, including
a body corporate and politic created by or authorized by a political
subdivision.
(b) A prospective contractor may not contract with a
governmental body unless the prospective contractor includes the
following certifications as terms of the contract with the
governmental body:
(1) The contractor and any principals of the contractor certify
that:
(A) the contractor, except for de minimis and nonsystematic
violations, has not violated the terms of:
(i) IC 24-4.7;
(ii) IC 24-5-12; or
(iii) IC 24-5-14;
in the previous three hundred sixty-five (365) days, even if
IC 24-4.7 is preempted by federal law; and
(B) the contractor will not violate the terms of IC 24-4.7 for
the duration of the contract, even if IC 24-4.7 is preempted
by federal law.
(2) The contractor and any principals of the contractor certify
that an affiliate or principal of the contractor and any agent
acting on behalf of the contractor or on behalf of an affiliate or
principal of the contractor:
(A) except for de minimis and nonsystematic violations, has
not violated the terms of IC 24-4.7 in the previous three
hundred sixty-five (365) days, even if IC 24-4.7 is preempted
by federal law; and
(B) will not violate the terms of IC 24-4.7 for the duration of
the contract, even if IC 24-4.7 is preempted by federal law.
(c) If a certification in subsection (b) concerning compliance with
IC 24-4.7, IC 24-5-12, or IC 24-5-14 is materially false or if the
contractor, an affiliate or a principal of the contractor, or an agent
acting on behalf of the contractor or an affiliate or a principal of the
contractor violates the terms of IC 24-4.7, IC 24-5-12, or IC 24-5-14,
even if IC 24-4.7 is preempted by federal law, the attorney general
may bring a civil action in the circuit or superior court of Marion
County to:
(1) void a contract under this section, subject to subsection (d);
and
(2) obtain other proper relief.
However, a contractor is not liable under this section if the contractor
or an affiliate of the contractor acquires another business entity that
violated the terms of IC 24-4.7, IC 24-5-12, or IC 24-5-14 within the
preceding three hundred sixty-five (365) days before the date of the
acquisition if the acquired business entity ceases violating IC 24-4.7,
IC 24-5-12, or IC 24-5-14, even if IC 24-4.7 is preempted by federal
law, as of the date of the acquisition.
(d) If:
(1) the attorney general notifies the contractor, department of
administration, and budget agency in writing of the intention of
the attorney general to void a contract; and
(2) the attorney general does not receive a written objection
from the department of administration or budget agency, sent to
both the attorney general and the contractor, within thirty (30)
days of the notice;
a contract between a contractor and a governmental body is voidable
at the election of the attorney general in a civil action brought under
subsection (c). If an objection of the department of administration or
the budget agency is submitted under subdivision (2), the contract
that is the subject of the objection is not voidable at the election of
the attorney general unless the objection is rescinded or withdrawn
by the department of administration or the budget agency.
(e) If the attorney general establishes in a civil action that a
contractor is knowingly, intentionally, or recklessly liable under
subsection (c), the contractor is prohibited from entering into a
contract with a governmental body for three hundred sixty-five (365)
days after the date on which the contractor exhausts appellate
remedies.
(f) In addition to any remedy obtained in a civil action brought
under this section, the attorney general may obtain the following:
(1) All money the contractor obtained through each telephone
call made in violation of the terms of IC 24-4.7, IC 24-5-12, or
IC 24-5-14, even if IC 24-4.7 is preempted by federal law.
(2) The attorney general's reasonable expenses incurred in:
(A) investigation; and
(B) maintaining the civil action. As added by P.L.165-2005, SEC.4 and P.L.222-2005, SEC.27.
IC 5-22-3-1 Good faith requirement
Sec. 1. All parties involved in the negotiation, performance, or
administration of contracts under this article shall act in good faith. As added by P.L.49-1997, SEC.1.
IC 5-22-3-2 Compliance with terms and conditions of gift
Sec. 2. Notwithstanding this article, a governmental body may
comply with the terms and conditions of a gift if noncompliance with
those terms and conditions would invalidate the gift. As added by P.L.49-1997, SEC.1.
IC 5-22-3-3 Rules; written policies
Sec. 3. (a) A governmental body may adopt rules to regulate
purchases of the governmental body. A rule adopted under this
subsection may:
(1) supplement this article; and
(2) not be inconsistent with this article.
(b) The purchasing agency of a governmental body may establish
written policies for purchases made by the purchasing agency. The
written policies may apply to all purchases generally or to a specific
purchase as stated in the solicitation for the purchase. A written
policy established under this subsection may:
(1) supplement this article or a rule adopted by the purchasing
agency's governmental body; and
(2) not be inconsistent with this article or a rule adopted by the
purchasing agency's governmental body. As added by P.L.49-1997, SEC.1.
IC 5-22-3-4 Electronic transmission of notice or other materials
Sec. 4. (a) Whenever this article requires that notice or other
material be sent by mail, the material may be sent by electronic
means as stated in any of the following:
(1) Rules adopted by the governmental body.
(2) Written policies of the purchasing agency.
(3) A solicitation.
(b) Rules, written policies, and solicitation statements described
in subsection (a):
(1) are subject to this article; and
(2) must provide that the transmission of information is at least
as efficient and secure as sending the material by mail.
(c) A governmental body may receive electronic offers if both of
the following apply:
(1) The solicitation indicates the procedure for transmitting the
electronic offer to the governmental body.
(2) The governmental body receives the offer on a fax machine,
by electronic mail, or by means of another electronic system
that has a security feature that protects the content of an
electronic offer with the same degree of protection as the
content of an offer that is not transmitted by electronic means.
(d) A governmental body conducting a reverse auction must
receive electronic offers for supplies through an Internet purchasing
site. As added by P.L.49-1997, SEC.1. Amended by P.L.31-2002, SEC.2;
P.L.1-2003, SEC.19; P.L.93-2004, SEC.7.
IC 5-22-3-5 Offers submitted by trusts
Sec. 5. (a) This section applies whenever a trust submits an offer
to a governmental body to do either of the following:
(1) Enter into a contract with the governmental body.
(2) Purchase surplus property from the governmental body
under this article.
(b) As used in this section, "trust" has the meaning set forth in
IC 30-4-1-1(a).
(c) An offer submitted by a trust must identify all of the
following:
(1) Each beneficiary of the trust.
(2) Each settlor empowered to revoke or modify the trust. As added by P.L.49-1997, SEC.1.
IC 5-22-3-6 Property interest in award of contract
Sec. 6. An offeror does not gain a property interest in the award
of a contract by a governmental body unless:
(1) the offeror is awarded the contract; and
(2) the contract is completely executed. As added by P.L.49-1997, SEC.1.
IC 5-22-3-7 Prospective contractors required to make certifications concerning
deceptive acts and telephone privacy; sanctions
Sec. 7. (a) This section applies to every use of funds by a
governmental body. However, this section does not apply to a
contract in which one (1) party is a political subdivision, including
a body corporate and politic created by or authorized by a political
subdivision.
(b) A prospective contractor may not contract with a
governmental body unless the prospective contractor includes the
following certifications as terms of the contract with the
governmental body:
(1) The contractor and any principals of the contractor certify
that:
(A) the contractor, except for de minimis and nonsystematic
violations, has not violated the terms of:
(i) IC 24-4.7;
(ii) IC 24-5-12; or
(iii) IC 24-5-14;
in the previous three hundred sixty-five (365) days, even if
IC 24-4.7 is preempted by federal law; and
(B) the contractor will not violate the terms of IC 24-4.7 for
the duration of the contract, even if IC 24-4.7 is preempted
by federal law.
(2) The contractor and any principals of the contractor certify
that an affiliate or principal of the contractor and any agent
acting on behalf of the contractor or on behalf of an affiliate or
principal of the contractor:
(A) except for de minimis and nonsystematic violations, has
not violated the terms of IC 24-4.7 in the previous three
hundred sixty-five (365) days, even if IC 24-4.7 is preempted
by federal law; and
(B) will not violate the terms of IC 24-4.7 for the duration of
the contract, even if IC 24-4.7 is preempted by federal law.
(c) If a certification in subsection (b) concerning compliance with
IC 24-4.7, IC 24-5-12, or IC 24-5-14 is materially false or if the
contractor, an affiliate or a principal of the contractor, or an agent
acting on behalf of the contractor or an affiliate or a principal of the
contractor violates the terms of IC 24-4.7, IC 24-5-12, or IC 24-5-14,
even if IC 24-4.7 is preempted by federal law, the attorney general
may bring a civil action in the circuit or superior court of Marion
County to:
(1) void a contract under this section, subject to subsection (d);
and
(2) obtain other proper relief.
However, a contractor is not liable under this section if the contractor
or an affiliate of the contractor acquires another business entity that
violated the terms of IC 24-4.7, IC 24-5-12, or IC 24-5-14 within the
preceding three hundred sixty-five (365) days before the date of the
acquisition if the acquired business entity ceases violating IC 24-4.7,
IC 24-5-12, or IC 24-5-14, even if IC 24-4.7 is preempted by federal
law, as of the date of the acquisition.
(d) If:
(1) the attorney general notifies the contractor, department of
administration, and budget agency in writing of the intention of
the attorney general to void a contract; and
(2) the attorney general does not receive a written objection
from the department of administration or budget agency, sent to
both the attorney general and the contractor, within thirty (30)
days of the notice;
a contract between a contractor and a governmental body is voidable
at the election of the attorney general in a civil action brought under
subsection (c). If an objection of the department of administration or
the budget agency is submitted under subdivision (2), the contract
that is the subject of the objection is not voidable at the election of
the attorney general unless the objection is rescinded or withdrawn
by the department of administration or the budget agency.
(e) If the attorney general establishes in a civil action that a
contractor is knowingly, intentionally, or recklessly liable under
subsection (c), the contractor is prohibited from entering into a
contract with a governmental body for three hundred sixty-five (365)
days after the date on which the contractor exhausts appellate
remedies.
(f) In addition to any remedy obtained in a civil action brought
under this section, the attorney general may obtain the following:
(1) All money the contractor obtained through each telephone
call made in violation of the terms of IC 24-4.7, IC 24-5-12, or
IC 24-5-14, even if IC 24-4.7 is preempted by federal law.
(2) The attorney general's reasonable expenses incurred in:
(A) investigation; and
(B) maintaining the civil action. As added by P.L.165-2005, SEC.4 and P.L.222-2005, SEC.27.
