(d), a contract shall be awarded to the lowest responsive and
responsible Indiana business that claims the preference provided
by this section.
(d) Notwithstanding subsection (c), a contract shall be awarded
to the lowest responsive and responsible bidder or quoter,
regardless of the preference provided in this section, if the lowest
responsive and responsible bidder or quoter is an Indiana business.
(e) A business that wants to claim a preference provided under
this section must do all of the following:
(1) State in the business's bid that the business claims the
preference provided by this section.
(2) Provide the following information to the department:
(A) The location of the business's principal place of
business. If the business claims the preference as an
Indiana business described in subsection (a)(1), a statement
explaining the reasons the business considers the location
named as the business's principal place of business.
(B) The amount of the business's total payroll and the
amount of the business's payroll paid to residents of
Indiana.
(C) The number of the business's employees and the
number of the business's employees who are residents of
Indiana.
(D) If the business claims the preference as an Indiana
business described in subsection (a)(4), a description of the
capital investments made in Indiana and a statement of the
amount of those capital investments.
(E) If the business claims the preference as an Indiana
business described in subsection (a)(5), a description of the
substantial positive economic impact the business has on
Indiana.
the evidence concerning the factors set forth in subdivisions
(1) through (3) proves that the person is not a resident of
Indiana.
(5) A person who:
(A) works from an office in Indiana;
(B) is on a payroll from a business located in Indiana;
(C) possesses a telephone with a telephone number that has
an Indiana area code; or
(D) has a permanent place of doing business in Indiana;
for at least thirteen (13) months before entering into a
contract or subcontract under this chapter.
(b) A contract for a public works project may not be awarded
to a contractor who does not:
(1) employ residents of Indiana as at least ninety percent
(90%) of the employees who work on the contract; and
(2) enter into subcontracts only with subcontractors who
employ residents of Indiana as at least ninety percent (90%)
of the employees who work on the subcontract.
(c) Before August 15, 2013, and before August 15 of each year
thereafter, the division shall file with the legislative council a
report for the preceding year stating:
(1) for each contractor awarded a contract under this
chapter; and
(2) for each subcontractor with which a contractor referred
to in subdivision (1) enters into a contract in connection with
a contract awarded under this chapter;
the percentage of the employees of the contractor or subcontractor
who work on the contract and are residents of Indiana. The report
to the legislative council must be in an electronic format under
IC 5-14-6.
(d) A contract awarded under this chapter for a public works
project is terminated if the division determines that the contractor
has failed to:
(1) employ residents of Indiana as at least ninety percent
(90%) of the employees who work on the contract; and
(2) enter into subcontracts only with subcontractors who
employ residents of Indiana as at least ninety percent (90%)
of the employees who work on the subcontract.
(e) A contractor or subcontractor who fails to employ residents
of Indiana as at least ninety percent (90%) of the employees who
work on the contract or subcontract commits a Class B infraction
for each nonresident of Indiana employed that exceeds the number
of nonresident employees permitted by this section.
(f) If:
(1) a contract or subcontract subject to this section is funded
in whole or in part with federal funds; and
(2) imposing the requirements of this section would cause the
state to lose the federal funds for the contract, as determined
by the federal agency providing the funds;
subsections (a) through (e) do not apply.
(g) If an agency of the federal government makes a
determination under subsection (f) that causes a contract to be
exempted from the requirements of subsections (a) through (e), this
section is meant to express the view of the general assembly that
expanding employment opportunities for Indiana residents
remains a vital part of the state's economy.
(h) A contract exempted from the requirements of subsections
(a) through (e) may not reference the employment of Indiana
residents. The division may not consider the number of
employment opportunities for Indiana residents when doing any of
the following with respect to a project subject to a contract that is
exempted from the requirements of subsections (a) through (e):
(1) Issuing a request for proposals.
(2) Issuing a bulletin inviting bids for the contract.
(3) Prequalifying a contractor for the contract.
(4) Evaluating a bid for the contract.
(i) This section does not apply to contracts entered into to
perform work:
(1) resulting from an emergency; or
(2) performed by an artisan or by someone in a specialty area
with limited persons able to perform the work.
an Indiana area code; or
(D) has a permanent place of doing business in Indiana;
for at least thirteen (13) months before entering into a
contract or subcontract under this chapter.
(b) A contract for a public works project under this chapter
may not be awarded to a contractor who does not:
(1) employ residents of Indiana as at least ninety percent
(90%) of the employees who work on the contract; and
(2) enter into subcontracts only with subcontractors who
employ residents of Indiana as at least ninety percent (90%)
of the employees who work on the subcontract.
(c) Before August 15, 2013, and before August 15 of each year
thereafter, any state agency entering into contracts under this
chapter shall file with the legislative council a report stating:
(1) for each contractor awarded a contract under this
chapter; and
(2) for each subcontractor with which a contractor referred
to in subdivision (1) enters into a contract in connection with
a contract awarded under this chapter;
the percentage of the employees of the contractor or subcontractor
who work on the contract and are residents of Indiana. The report
to the legislative council must be in an electronic format under
IC 5-14-6.
(d) A contract awarded under this chapter for a public works
project is terminated if the state or commission determines that the
contractor has failed to:
(1) employ residents of Indiana as at least ninety percent
(90%) of the employees who work on the contract; and
(2) enter into subcontracts only with subcontractors who
employ residents of Indiana as at least ninety percent (90%)
of the employees who work on the subcontract.
(e) A contractor or subcontractor who fails to employ residents
of Indiana as at least ninety percent (90%) of the employees who
work on the contract or subcontract commits a Class B infraction
for each nonresident of Indiana employed that exceeds the number
of nonresident employees permitted by this section.
(f) If:
(1) a contract or subcontract subject to this section is funded
in whole or in part with federal funds; and
(2) imposing the requirements of this section would cause the
state to lose the federal funds for the contract, as determined
by the federal agency providing the funds;
subsections (a) through (e) do not apply.
(g) If an agency of the federal government makes a
determination under subsection (f) that causes a contract to be
exempted from the requirements of subsections (a) through (e), this
section is meant to express the view of the general assembly that
expanding employment opportunities for Indiana residents
remains a vital part of the state's economy.
(h) A contract exempted from the requirements of subsections
(a) through (e) may not reference the employment of Indiana
residents. The state or a commission may not consider the number
of employment opportunities for Indiana residents when doing any
of the following with respect to a project subject to a contract that
is exempted from the requirements of subsections (a) through (e):
(1) Issuing a request for proposals.
(2) Issuing a bulletin inviting bids for the contract.
(3) Prequalifying a contractor for the contract.
(4) Evaluating a bid for the contract.
(i) This section does not apply to contracts entered into to
perform work:
(1) resulting from an emergency; or
(2) performed by an artisan or by someone in a specialty area
with limited persons able to perform the work.
responsive and responsible bidder or quoter is an Indiana business.
(e) A business that wants to claim a preference provided under
this section must do all of the following:
(1) State in the business's bid that the business claims the
preference provided by this section.
(2) Provide the following information to the awarding officer,
commission, or agent and the department of administration:
(A) The location of the business's principal place of
business. If the business claims the preference as an
Indiana business described in subsection (a)(1), a statement
explaining the reasons the business considers the location
named as the business's principal place of business.
(B) The amount of the business's total payroll and the
amount of the business's payroll paid to residents of
Indiana.
(C) The number of the business's employees and the
number of the business's employees who are residents of
Indiana.
(D) If the business claims the preference as an Indiana
business described in subsection (a)(4), a description of the
capital investments made in Indiana and a statement of the
amount of those capital investments.
(E) If the business claims the preference as an Indiana
business described in subsection (a)(5), a description of the
substantial positive economic impact the business has on
Indiana.
determination under subsection (f) that causes a contract to be
exempted from the requirements of subsections (a) through (e), this
section is meant to express the view of the general assembly that
expanding employment opportunities for Indiana residents
remains a vital part of the state's economy.
(h) A contract exempted from the requirements of subsections
(a) through (e) may not reference the employment of Indiana
residents. The commission may not consider the number of
employment opportunities for Indiana residents when doing any of
the following with respect to a project subject to a contract that is
exempted from the requirements of subsections (a) through (e):
(1) Issuing a request for proposals.
(2) Issuing a bulletin inviting bids for the contract.
(3) Prequalifying a contractor for the contract.
(4) Evaluating a bid for the contract.
(i) This section does not apply to contracts entered into to
perform work:
(1) resulting from an emergency; or
(2) performed by an artisan or by someone in a specialty area
with limited persons able to perform the work.
Indiana.
(5) A person who:
(A) works from an office in Indiana;
(B) is on a payroll from a business located in Indiana;
(C) possesses a telephone with a telephone number that has
an Indiana area code; or
(D) has a permanent place of doing business in Indiana;
for at least thirteen (13) months before entering into a
contract or subcontract under this chapter.
(b) A contract for a public works project under this chapter
may not be awarded to a contractor who does not:
(1) employ residents of Indiana as at least ninety percent
(90%) of the employees of the contractor who work on the
contract; and
(2) enter into subcontracts only with subcontractors who
employ residents of Indiana as at least ninety percent (90%)
of the employees working on the subcontract.
(c) Before August 15, 2013, and before August 15 of each year
thereafter, the department shall file with the legislative council a
report stating:
(1) for each contractor awarded a contract under this
chapter; and
(2) for each subcontractor with which a contractor referred
to in subdivision (1) enters into a contract in connection with
a contract awarded under this chapter;
the percentage of the employees of the contractor or subcontractor
who work on the contract and are residents of Indiana. The report
to the legislative council must be in an electronic format under
IC 5-14-6.
(d) A contract awarded under this chapter for a public works
project is terminated if the department determines that the
contractor has failed to:
(1) employ residents of Indiana as at least ninety percent
(90%) of the employees who work on the contract; and
(2) enter into subcontracts only with subcontractors who
employ residents of Indiana as at least ninety percent (90%)
of the employees who work on the subcontract.
(e) A contractor or subcontractor who fails to employ residents
of Indiana as at least ninety percent (90%) of the employees who
work on the contract or subcontract commits a Class B infraction
for each nonresident of Indiana employed that exceeds the number
of nonresident employees permitted by this section.
(f) If:
(1) a contract or subcontract subject to this section is funded
in whole or in part with federal funds; and
(2) imposing the requirements of this section would cause the
state to lose the federal funds for the contract, as determined
by the federal agency providing the funds;
subsections (a) through (e) do not apply.
(g) If an agency of the federal government makes a
determination under subsection (f) that causes a contract to be
exempted from the requirements of subsections (a) through (e), this
section is meant to express the view of the general assembly that
expanding employment opportunities for Indiana residents
remains a vital part of the state's economy.
(h) A contract exempted from the requirements of subsections
(a) through (e) may not reference the employment of Indiana
residents. The department may not consider the number of
employment opportunities for Indiana residents when doing any of
the following with respect to a project subject to a contract that is
exempted from the requirements of subsections (a) through (e):
(1) Issuing a request for proposals.
(2) Issuing a bulletin inviting bids for the contract.
(3) Prequalifying a contractor for the contract.
(4) Evaluating a bid for the contract.
(i) This section does not apply to contracts entered into to
perform work:
(1) resulting from an emergency; or
(2) performed by an artisan or by someone in a specialty area
with limited persons able to perform the work.
(d) and any federal statute or regulation to the contrary, a contract
shall be awarded to the lowest responsive and responsible Indiana
business that claims the preference provided by this section.
(d) Notwithstanding subsection (c), a contract shall be awarded
to the lowest responsive and responsible bidder or quoter,
regardless of the preference provided in this section, if the lowest
responsive and responsible bidder or quoter is an Indiana business.
(e) A business that wants to claim a preference provided under
this section must do all of the following:
(1) State in the business's bid that the business claims the
preference provided by this section.
(2) Provide the following information to the department and
the Indiana department of administration:
(A) The location of the business's principal place of
business. If the business claims the preference as an
Indiana business described in subsection (a)(1), a statement
explaining the reasons the business considers the location
named as the business's principal place of business.
(B) The amount of the business's total payroll and the
amount of the business's payroll paid to residents of
Indiana.
(C) The number of the business's employees and the
number of the business's employees who are residents of
Indiana.
(D) If the business claims the preference as an Indiana
business described in subsection (a)(4), a description of the
capital investments made in Indiana and a statement of the
amount of those capital investments.
(E) If the business claims the preference as an Indiana
business described in subsection (a)(5), a description of the
substantial positive economic impact the business has on
Indiana.".
otherwise be considered a resident of Indiana under this
subdivision is not a resident of Indiana if a preponderance of
the evidence concerning the factors set forth in subdivisions
(1) through (3) proves that the person is not a resident of
Indiana.
(5) A person who:
(A) works from an office in Indiana;
(B) is on a payroll from a business located in Indiana;
(C) possesses a telephone with a telephone number that has
an Indiana area code; or
(D) has a permanent place of doing business in Indiana;
for at least thirteen (13) months before entering into a
contract or subcontract under this chapter.
(b) A contract for a public works project under this chapter
may not be awarded to a contractor who does not:
(1) employ residents of Indiana as at least ninety percent
(90%) of the employees of the contractor who work on the
contract; and
(2) enter into subcontracts only with subcontractors who
employ residents of Indiana as at least ninety percent (90%)
of the employees working on the subcontract.
(c) A contract awarded under this chapter for a public works
project is terminated if the unit determines that the contractor has
failed to:
(1) employ residents of Indiana as at least ninety percent
(90%) of the employees who work on the contract; and
(2) enter into subcontracts only with subcontractors who
employ residents of Indiana as at least ninety percent (90%)
of the employees who work on the subcontract.
(d) A contractor or subcontractor who fails to employ residents
of Indiana as at least ninety percent (90%) of the employees who
work on the contract or subcontract commits a Class B infraction
for each nonresident of Indiana employed that exceeds the number
of nonresident employees permitted by this section.
(e) If:
(1) a contract or subcontract subject to this section is funded
in whole or in part with federal funds; and
(2) imposing the requirements of this section would cause the
state to lose the federal funds for the contract, as determined
by the federal agency providing the funds;
subsections (a) through (d) do not apply.
(f) If an agency of the federal government makes a
determination under subsection (e) that causes a contract to be
exempted from the requirements of subsections (a) through (d),
this section is meant to express the view of the general assembly
that expanding employment opportunities for Indiana residents
remains a vital part of the state's economy.
(g) A contract exempted from the requirements of subsections
(a) through (d) may not reference the employment of Indiana
residents. A unit may not consider the number of employment
opportunities for Indiana residents when doing any of the following
with respect to a project subject to a contract that is exempted
from the requirements of subsections (a) through (d):
(1) Issuing a request for proposals.
(2) Issuing a bulletin inviting bids for the contract.
(3) Prequalifying a contractor for the contract.
(4) Evaluating a bid for the contract.
(h) This section does not apply to contracts entered into to
perform work:
(1) resulting from an emergency; or
(2) performed by an artisan or by someone in a specialty area
with limited persons able to perform the work.".
Renumber all SECTIONS consecutively.
(Reference is to HB 1001 as printed January 12, 2012.).