SB 359-1_ Filed 02/20/2006, 14:35
Your Committee on Government and Regulatory Reform , to which was referred
Senate Bill 359 , has had the same under consideration and begs leave to report the same
back to the House with the recommendation that said bill be amended as follows:
SOURCE: Page 5, line 33; (06)CR035901.5. -->
Page 5, line 33, reset in roman "(4) The".
Page 5, line 33, after "The" insert " procedure for opening the bids,
including the date,".
Page 5, line 33, delete "time" and insert "time,".
Page 5, line 33, reset in roman "and place for opening the bids.".
Page 5, line 34, delete "(5) (4)" and insert "(5)".
Page 5, line 38, delete "(6) (5)" and insert "(6)".
Page 5, line 41, delete "(6)" and insert " (7)".
Page 6, between lines 3 and 4, begin a new paragraph and insert:
SOURCE: IC 5-22-7-6; (06)CR035901.5. -->
"SECTION 5. IC 5-22-7-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 6. (a) An employee of
the purchasing agency shall open bids
in the presence of one
(1) or more
witnesses at the time and place designated other employees
of the purchasing agency according to the procedure stated
invitation for bids as required by section 2(b)(4) of this chapter.
(b) Individuals other than employees of the purchasing agency
may not be present at an opening of bids unless the bids are opened
SOURCE: Page 6, line 11; (06)CR035901.6. -->
Page 6, between lines 11 and 12, begin a new paragraph and insert:
SOURCE: IC 5-22-7-9; (06)CR035901.7. -->
"SECTION 7. IC 5-22-7-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 9. (a) The purchasing
maintain the following information:
(1) The name of each bidder.
(2) The amount of each bid.
(3) Other information required by this article and rules adopted
under this article.
prepare a bid register.
(b) The bid register must contain the following:
(1) A copy of all documents that are included as part of the
invitation for bids.
(2) A list of all persons to whom copies of the invitation for
bids were given.
(3) A list of all bids received. The list of bids received must
include the following information:
(A) The name and address of each bidder.
(B) The dollar amount of each bid.
(C) The name of the successful bidder and the dollar
amount of that bidder's bid.
(4) The basis on which the award was made.
(5) Documentation of the purchasing agency's negotiating
process with bidders. The documentation must include the
(A) A log of the date and times of each meeting with a
bidder. The log must include the identity of the bidder.
(B) A description of the nature of all communications with
(C) Subject to subdivision (6), a copy of all written
communications, including electronic communications,
with each bidder.
(6) The entire contents of the contract file except for
proprietary information included with a bid, such as trade
secrets, manufacturing processes, and financial information
that was not required to be made available for public
inspection by the terms of the invitation for bids.
(b) (c) The information described in subsection (a) bid register is
subject to public inspection after each contract award.".
SOURCE: Page 8, line 28; (06)CR035901.8. -->
Page 8, between lines 28 and 29, begin a new paragraph and insert:
SOURCE: IC 5-22-14-3; (06)CR035901.14. -->
"SECTION 14. IC 5-22-14-3, AS AMENDED BY P.L.4-2005,
SECTION 31, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: Sec. 3. (a) A governmental body may
adopt rules to implement this chapter. The Indiana department of
administration shall adopt rules under IC 4-22-2 to implement this
(b) The rules adopted by a governmental body must establish criteria
for determining qualifications as a small business. In establishing
criteria, the rules may use any standards established for determination
of small business status that are used by an agency of the federal
government. A governmental body may also receive assistance from the
Indiana economic development corporation to establish criteria or to
implement the rules.
(c) The rules adopted by a governmental body may consider the
number of employees employed by an offeror and the dollar volume of
the offeror's business. The rules must provide that when computing the
size of an offeror, the annual sales and receipts of the offeror and all of
its affiliates must be included.
(d) The rules adopted by a governmental body must include the
(1) A wholesale business is not a small business if its annual sales
for its most recently completed fiscal year exceed four million
(2) A construction business is not a small business if its average
annual receipts for the preceding three (3) fiscal years exceed four
million dollars ($4,000,000).
(3) A retail business or business selling services is not a small
business if its annual sales and receipts exceed five hundred
thousand dollars ($500,000).
(4) A manufacturing business is not a small business if it employs
more than one hundred (100) persons.
(5) A business in any of the following sectors is not a small
business if it employs more than one hundred (100) persons or
if its annual sales exceed five million dollars ($5,000,000):
(A) Information technology.
(B) Life sciences.
Renumber all SECTIONS consecutively.
(Reference is to SB 359 as printed January 27, 2006.)
and when so amended that said bill do pass.
CR035901/DI 87 2006