Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is
being amended, the text of the existing provision will appear in this style type, additions
will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that
adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles
conflicts between statutes enacted by the 2006 Regular Session of the General Assembly.
Be it enacted by the General Assembly of the State of Indiana:
hundred fifty thousand dollars ($150,000).
(b) A purchasing agent may purchase supplies under this section by
inviting quotes from at least three (3) persons known to deal in the
lines or classes of supplies to be purchased.
(c) The purchasing agent shall mail an invitation to quote to the
persons described in subsection (b) at least seven (7) days before the
time fixed for receiving quotes.
(d) If the purchasing agent receives a satisfactory quote, the
purchasing agent shall award a contract to the lowest responsible and
responsive offeror for each line of or class of supplies required.
(e) The purchasing agent may reject all quotes.
(f) If the purchasing agent does not receive a quote from a
responsible and responsive offeror, the purchasing agent may purchase
the supplies under IC 5-22-10-10.
SECTION 4. IC 5-22-9-1, AS AMENDED BY P.L.160-2006,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 1. (a) When a purchasing agent makes a written
determination that the use of competitive sealed bidding is either not
practicable or not advantageous to the governmental body, the
purchasing agent may award a contract using the procedure provided
by this chapter instead of competitive sealed bidding under IC 5-22-7.
(b) This subsection applies only to a purchasing agent in the
executive branch. Notwithstanding subsection (a), and subject Subject
to the policies of the purchasing agency, a purchasing agent may award
a contract using the procedure provided by this chapter.
SECTION 5. IC 5-22-9-9, AS AMENDED BY P.L.160-2006,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 9. (a) Offerors must be accorded fair and equal
treatment with respect to any opportunity for discussion and revisions
of proposals.
(b) Except as provided in subsection (c), in conducting discussions
with an offeror, information derived from proposals submitted by
competing offerors may not be disclosed.
(c) (b) This subsection applies only to a purchasing agency in the
executive branch. In conducting discussions with an offeror,
information derived from proposals submitted by competing offerors
may be used in discussion only if the identity of the offeror providing
the information is not disclosed to others. The purchasing agency must
provide equivalent information to all offerors with which the
purchasing agency chooses to have discussions.
SECTION 6. IC 36-1-7-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 12. (a) Whenever a
contract provides for the purchase, sale, or exchange of services,
supplies, or equipment between or among Indiana governmental
entities only, no notice by publication or posting is required.
(b) Whenever a contract provides for one (1) Indiana governmental
entity to make a purchase for another, compliance by the one with the
applicable statutes governing public bids constitutes compliance by the
other.
(c) A governmental entity may make a purchase from any other
governmental entity or under another governmental entity's
referenced written contract if there is compliance with state
purchasing law by the original purchasing unit.
(d) Two (2) or more governmental entities may procure together
or with a nonprofit entity if the requirements of the public
purchasing statutes are met.
SECTION 7. IC 36-1-12-4.7, AS AMENDED BY P.L.169-2006,
SECTION 49, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 4.7. (a) This section applies whenever a public
work project is estimated to cost:
(1) at least twenty-five thousand dollars ($25,000) and less than
seventy-five thousand dollars ($75,000) one hundred thousand
dollars ($100,000) in:
(A) a consolidated city, or second class city, or third class
city with a population of fifteen thousand (15,000) or more;
(B) a county containing a consolidated city or second class
city; or
(C) a regional water or sewage district established under
IC 13-26; or
(2) at least twenty-five thousand dollars ($25,000) and less than
fifty thousand dollars ($50,000) in a political subdivision or
agency not described in subdivision (1).
(b) The board must proceed under the following provisions:
(1) The board shall invite quotes from at least three (3) persons
known to deal in the class of work proposed to be done by mailing
them a notice stating that plans and specifications are on file in a
specified office. The notice must be mailed not less than seven (7)
days before the time fixed for receiving quotes.
(2) The board may not require a person to submit a quote before
the meeting at which quotes are to be received. The meeting for
receiving quotes must be open to the public. All quotes received
shall be opened publicly and read aloud at the time and place
designated and not before.
(3) The board shall award the contract for the public work to the
lowest responsible and responsive quoter.
(4) The board may reject all quotes submitted.
SECTION 8. IC 36-1-12-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 5. (a) This section
applies whenever a public work project is estimated to cost less than
twenty-five thousand dollars ($25,000). fifty thousand dollars
($50,000). Except as provided in subsection (g) for local boards of
aviation commissioners and local airport authorities, if a contract is to
be awarded, the board may proceed under section 4 of this chapter or
under subsection (b) or (c).
(b) The board must proceed under the following provisions:
(1) The board shall invite quotes from at least three (3) persons
known to deal in the class of work proposed to be done by mailing
them a notice stating that plans and specifications are on file in a
specified office. The notice must be mailed not less than seven (7)
days before the time fixed for receiving quotes.
(2) The board may not require a person to submit a quote before
the meeting at which quotes are to be received. The meeting for
receiving quotes must be open to the public. All quotes received
shall be opened publicly and read aloud at the time and place
designated and not before.
(3) The board shall award the contract for the public work to the
lowest responsible and responsive quoter.
(4) The board may reject all quotes submitted.
(5) If the board rejects all quotes under subdivision (4) of this
section, the board may negotiate and enter into agreements for the
work in the open market without inviting or receiving quotes if
the board establishes in writing the reasons for rejecting the
quotes.
(c) The board may not proceed under subsection (b) for the
resurfacing (as defined in IC 8-14-2-1) of a road, street, or bridge,
unless:
(1) the weight or volume of the materials in the project is capable
of accurate measurement and verification; and
(2) the specifications define the geographic points at which the
project begins and ends.
(d) For the purposes of this section, if contiguous sections of a road,
street, or bridge are to be resurfaced in a calendar year, all of the work
shall be considered to comprise a single public work project.
a county having a consolidated city.
SECTION 10. IC 36-8-15-19 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 19. (a) This subsection
applies to a county not having a consolidated city. that has a
population of more than one hundred eighty-two thousand seven
hundred ninety (182,790) but less than two hundred thousand
(200,000). For the purpose of raising money to fund the operation of
the district, the county fiscal body may impose, for property taxes first
due and payable during each year after the adoption of an ordinance
establishing the district, an ad valorem property tax levy on property
within the district. The property tax rate for that levy may not exceed
five cents ($0.05) on each one hundred dollars ($100) of assessed
valuation.
(b) This subsection applies to a county having a consolidated city.
The county fiscal body may elect to fund the operation of the district
from part of the certified distribution, if any, that the county is to
receive during a particular calendar year under IC 6-3.5-6-17. To make
such an election, the county fiscal body must adopt an ordinance before
September 1 of the immediately preceding calendar year. The county
fiscal body must specify in the ordinance the amount of the certified
distribution that is to be used to fund the operation of the district. If the
county fiscal body adopts such an ordinance, it shall immediately send
a copy of the ordinance to the county auditor.
(c) Subject to subsections (d), (e), and (f), if an ordinance or
resolution is adopted changing the territory covered by the district or
the number of public agencies served by the district, the local
government tax control board shall, for property taxes first due and
payable during the year after the adoption of the ordinance, adjust the
maximum permissible ad valorem property tax levy limits of the
district and the units participating in the district.
(d) If a unit by ordinance or resolution joins the district or elects to
have its public safety agencies served by the district, the local
government tax control board shall reduce the maximum permissible
ad valorem property tax levy of the unit for property taxes first due and
payable during the year after the adoption of the ordinance or
resolution. The reduction shall be based on the amount budgeted by the
unit for public safety communication services in the year in which the
ordinance was adopted. If such an ordinance or resolution is adopted,
the district shall refer its proposed budget, ad valorem property tax
levy, and property tax rate for the following year to the board, which
shall review and set the budget, levy, and rate as though the district
were covered by IC 6-1.1-18.5-7.
(e) If a unit by ordinance or resolution withdraws from the district
or rescinds its election to have its public safety agencies served by the
district, the local government tax control board shall reduce the
maximum permissible ad valorem property tax levy of the district for
property taxes first due and payable during the year after the adoption
of the ordinance or resolution. The reduction shall be based on the
amounts being levied by the district within that unit. If such an
ordinance or resolution is adopted, the unit shall refer its proposed
budget, ad valorem property tax levy, and property tax rate for public
safety communication services to the board, which shall review and set
the budget, levy, and rate as though the unit were covered by
IC 6-1.1-18.5-7.
(f) The adjustments provided for in subsections (c), (d), and (e) do
not apply to a district or unit located in a particular county if the county
fiscal body of that county does not impose an ad valorem property tax
levy under subsection (a) to fund the operation of the district.
(g) A county that has adopted an ordinance under section 1(3)
of this chapter may not impose an ad valorem property tax levy on
property within the district to fund the operation or
implementation of the district.
Date: