Citations Affected: IC 5-22; IC 36-1-12.5.
Synopsis: Government purchasing. Provides that if an offeror offers to furnish supplies made in a country other than the United States, a governmental body may not award a contract to the offeror for those supplies if the supplies were made using forced labor. Provides that a solicitation by a state or local governmental entity for the purchase of supplies must require that if any steel products are used in the manufacture of the supplies, the steel products must be manufactured in the United States. Provides that a solicitation by a state or local governmental entity for the purchase of services must require that if any steel products are used in the manufacture of the supplies used in the performance of the contract, those steel products must be manufactured in the United States. Waives the requirements for certain small purchases and establishes other circumstances under which the requirements may be waived. Provides that an Indiana taxpayer has standing to challenge a determination to waive the requirement or to enforce a contract for steel products that contains the requirement. Specifies that future labor, contracted services, and related capital expenditures may be considered by a governing body for purposes of entering into guaranteed energy savings contracts. Provides that a governing body may not enter into an energy savings agreement or stipulate as to savings under the agreement without appropriate architectural, engineering, or accounting studies. Requires that stipulated savings must be determined and documented as specified in the approved studies. Requires the Indiana department of commerce to adopt administrative rules on guaranteed energy savings contracts. Makes a conforming amendment. (This conference committee report does the following: Provides that a solicitation by a state or local governmental entity for the purchase of supplies must require that if any steel products are used in the manufacture of the supplies, the steel products must be manufactured in the United States. Provides that a solicitation by a state or local governmental entity for the purchase of services must require that if any steel products are used in the manufacture of the supplies used in the performance of the contract, those steel products must be manufactured in the United States. Waives the requirements for certain small purchases and establishes other circumstances under which the requirements may be waived. Provides that an Indiana taxpayer has standing to challenge a determination to waive the requirement or to enforce a contract for steel products that contains the requirement. Specifies that future labor, contracted services, and related capital expenditures may be considered by a governing body for purposes of entering into guaranteed energy savings
contracts. Provides that a governing body may not enter into an energy savings agreement or
stipulate as to savings under the agreement without appropriate architectural, engineering, or
accounting studies. Requires that stipulated savings must be determined and documented as
specified in the approved studies. Requires the Indiana department of commerce to adopt
administrative rules on guaranteed energy savings contracts. Makes a conforming amendment.)
Effective: July 1, 2001.
MR. SPEAKER:
Your Conference Committee appointed to confer with a like committee from the Senate
upon Engrossed Senate Amendments to Engrossed House Bill No. 1395 respectfully reports
that said two committees have conferred and agreed as follows to wit:
that the House recede from its dissent from all Senate amendments and that
the House now concur in all Senate amendments to the bill and that the bill
be further amended as follows:
Page 1, line 1, delete "IC 5-22-15-24" and insert "IC 5-22-15-24.2".
Page 1, line 3, delete "Sec. 24." and insert " Sec. 24.2.".
Page 1, after line 10, begin a new paragraph and insert:
"SECTION 2. IC 5-22-15-25 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2001]: Sec. 25. (a) As used in this section, "steel products" means
products rolled, formed, shaped, drawn, extruded, forged, cast,
fabricated, or otherwise similarly processed, or processed by a
combination of two (2) or more such operations, by the open
hearth, basic oxygen, electric furnace, Bessemer, or other steel
making process.
(b) As used in this section, "United States" includes all territory,
continental or insular, subject to the jurisdiction of the United
States.
(c) Unless the head of the purchasing agency makes a written
determination described in subsection (d), a solicitation must
require that if any steel products are used in:
(1) the manufacture of the supplies required under the
contract; or
(2) supplies used in the performance of the services under the
contract by the contractor or a subcontractor of the
contractor;
the steel products must be manufactured in the United States.
(d) Subsection (c) does not apply if the:
(1) head of the purchasing agency determines in writing that:
(A) the cost of the contract with the requirements of
subsection (c) would be greater than one hundred fifteen
percent (115%) of the cost of the contract without the
requirements of subsection (c); and
(B) failure to impose the requirements of subsection (c)
would not in any way:
(i) harm the business of a facility that manufactures steel
products in Indiana; or
(ii) result in the reduction of employment or wages and
benefits of employees of a facility described in item (i); or
(2) purchase is:
(A) less than ten thousand dollars ($10,000); and
(B) made under the small purchase policies (as described in
IC 5-22-8-2(b)) established by the purchasing agency or
under rules adopted by the governmental body.
(e) A purchasing agency shall inform offerors in the solicitation
of the provisions of this section.
SECTION 3. IC 5-22-17-14 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2001]: Sec. 14. A contract awarded under this article must
include the requirements of IC 5-22-15-25(c) unless the head of the
purchasing agency makes a determination under IC 5-22-15-25(d).
SECTION 4. IC 5-22-19-5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2001]: Sec. 5. An Indiana taxpayer has standing to:
(1) challenge a determination made under IC 5-22-15-25(d);
and
(2) enforce a contract provision required by IC 5-22-17-14, if
the contract is related to steel products (as defined in
IC 5-22-15-25(a)) or supplies manufactured by steel products.
SECTION 5. IC 36-1-12.5-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 1. As used in this
chapter, "energy conservation measure" means a school facility
alteration or an alteration of a structure (as defined in IC 36-1-10-2)
designed to reduce energy consumption costs or other operating costs,
including the following:
(1) Providing insulation of the school facility or structure and
systems within the school facility or structure.
(2) Installing or providing for window and door systems, including:
(A) storm windows and storm doors;
(B) caulking or weatherstripping;
(C) multi-glazed windows and doors;
(D) heat absorbing or heat reflective glazed and coated windows
and doors;
(E) additional glazing;
____________________________ ____________________________
Representative Kuzman Senator Merritt
Chairperson
____________________________ ____________________________
Representative Atterholt Senator Craycraft
House Conferees Senate Conferees