State Use Law

Information Maintained by the Office of Code Revision Indiana Legislative Services Agency (latest update for 2007)

IC 16-32-2
Chapter 2. The Committee for the Purchase of Products and Services of Persons With Severe Disabilities

IC 16-32-2-1
Purpose of chapter
Sec. 1. It is the purpose of this chapter to enhance employment opportunities for persons with severe disabilities by encouraging state agencies and units of local government to purchase products made by persons with severe disabilities employed by qualified nonprofit agencies.
As added by P.L.2-1993, SEC.15. Amended by P.L.23-1993, SEC.61.

IC 16-32-2-2
Creation of committee
Sec. 2. There is created a committee for the purchase of products and services of persons who are so severely disabled by a physical or mental disability that the persons cannot engage in normal competitive employment because of the disability.
As added by P.L.2-1993, SEC.15. Amended by P.L.23-1993, SEC.62.

IC 16-32-2-3
Membership
Sec. 3. The committee shall be composed of the following members:
(1) The director of the division of disability and rehabilitative services or the director's designee.
(2) The commissioner of the Indiana department of administration or the commissioner's designee.
(3) The executive director of the governor's planning council on people with disabilities.
(4) The director of the division of mental health and addiction or the director's designee.
(5) The commissioner of the state department of health or the commissioner's designee.
(6) Three (3) members appointed by the governor to represent the public at large.
As added by P.L.2-1993, SEC.15. Amended by P.L.4-1993, SEC.231; P.L.5-1993, SEC.244; P.L.192-1995, SEC.1; P.L.215-2001, SEC.82; P.L.141-2006, SEC.86.

IC 16-32-2-4
Per diem
Sec. 4. The members of the committee shall be reimbursed for expenses at a rate equal to that of state employees on a per diem basis by the division of disability and rehabilitative services.
As added by P.L.2-1993, SEC.15. Amended by P.L.4-1993, SEC.232; P.L.5-1993, SEC.245; P.L.141-2006, SEC.87.

IC 16-32-2-5
Executive secretary
Sec. 5. The director of the division of disability and rehabilitative services shall designate a staff member to act as executive secretary to the committee.
As added by P.L.2-1993, SEC.15. Amended by P.L.4-1993, SEC.233; P.L.5-1993, SEC.246; P.L.141-2006, SEC.88.

IC 16-32-2-6
Voting by members
Sec. 6. All members of the committee are entitled to vote on issues before the committee.
As added by P.L.2-1993, SEC.15.

IC 16-32-2-7
Powers and duties
Sec. 7. The committee shall do the following:
(1) Request from any agency of the state or any unit of local government information concerning product specification and service requirements to enable the committee to carry out the intent of this chapter. The requested information shall be furnished to the executive secretary of the committee.
(2) Meet as often as necessary to carry out the purposes of this chapter. However, the committee shall meet at least quarterly.
(3) Request from each participating qualified nonprofit agency for persons with severe disabilities a quarterly report that describes employment data and the volume of sales for each product or service sold under this chapter. These reports shall be made available to the Indiana department of administration.
(4) Establish the price for all products and services provided by persons with severe disabilities and offered for sale to state agencies and units of local government under IC 5-22-13 that the committee determines are suitable for use. The price fixed must recover for the qualified nonprofit agency for persons with severe disabilities the cost of raw materials, labor, overhead, and delivery cost. The committee shall periodically revise the prices in accordance with changing cost factors and adopt necessary rules regarding specifications, time of delivery, and fair market price.
(5) Approve and prepare a publication that lists all products and services available from any qualified nonprofit agency for persons with severe disabilities that the committee determines are suitable for procurement. The procurement list and revisions of the procurement list shall be distributed to all purchasing officers of state agencies and units of local government for purchase under IC 5-22-13.
(6) Encourage diversity in products and services provided by qualified nonprofit agencies for persons with severe disabilities and discourage unnecessary duplication or competition between facilities.
(7) Update the state use catalog not less than every ninety (90) days starting January 1 of each year. The web based electronic version shall be considered the catalog of record. As added by P.L.2-1993, SEC.15. Amended by P.L.23-1993, SEC.63; P.L.192-1995, SEC.2; P.L.49-1997, SEC.51; P.L.46-2007, SEC.5.

IC 16-32-2-8
Repealed
(Repealed by P.L.49-1997, SEC.86.)

IC 5-22-13-1
"Qualified agency" defined
Sec. 1. As used in this chapter, "qualified agency" refers to a nonprofit agency for persons with severe disabilities that meets all of the following conditions:
(1) The agency complies with Indiana laws governing private nonprofit organizations.
(2) The agency is certified by the Wage and Hour Division of the United States Department of Labor.
(3) The agency meets the standards adopted by the secretary of family and social services.
(4) The agency makes reports under IC 16-32-2-7.
As added by P.L.49-1997, SEC.1.

IC 5-22-13-2
Conditions for purchases; political subdivisions
Sec. 2. (a) This section applies only to a governmental body that is a political subdivision.
(b) A governmental body may purchase supplies and services without advertising or calling for bids from a qualified agency under the same conditions as supplies produced by the department of correction are purchased under IC 5-22-11.
As added by P.L.49-1997, SEC.1.

IC 5-22-13-3
Conditions for purchase; governmental bodies other than political subdivisions
Sec. 3. (a) This section applies to a governmental body not covered by section 2 of this chapter.
(b) A governmental body shall purchase supplies and services without advertising or calling for bids from a qualified agency under the same conditions as supplies produced by the department of correction are purchased under IC 5-22-11.
(c) Except as provided in subsection (d), before a purchasing agent issues a solicitation for supplies or services, the purchasing agent shall do either of the following:
(1) Obtain a written determination within seven (7) business days from:
(A) the committee; or
(B) a person designated by the committee;
that no qualified agency can provide the supplies or services.
(2) Certify that the supplies or services offered by a qualified agency cannot be obtained as required in section 5 of this chapter.
(d) If a purchasing agent issues a solicitation for a consolidated purchase of supplies or services, or both, the purchasing agent shall

do either of the following:
(1) Require vendors to purchase:
(A) supplies;
(B) services; or
(C) both supplies and services;
from a catalog of a qualified agency kept by the committee.
(2) Establish scoring standards to ensure participation in the solicitation by a qualified agency.
As added by P.L.49-1997, SEC.1. Amended by P.L.46-2007, SEC.3.

IC 5-22-13-4
Apportionment of purchases
Sec. 4. A governmental body may apportion purchases of supplies and services under this chapter on an equitable basis among the interested qualified agencies.
As added by P.L.49-1997, SEC.1.

IC 5-22-13-5
Supplies and services must meet specifications; determination of fair market price
Sec. 5. (a) Supplies and services purchased under this chapter must:
(1) meet the specifications and needs of the purchasing governmental body; and
(2) be purchased at a fair market price as described under subsection (b).
(b) A fair market price under this section must cover for the qualified agency the costs of raw materials, labor, overhead, and delivery cost. In determining the fair market price, the purchasing agent shall use one (1) or more of the following:
(1) Available information from reliable market sources.
(2) A market survey from a person designated by the committee.
(3) Previous contract prices.
(4) The range of bids from the most recent solicitation, including a determination of:
(A) the median price of the bids;
(B) the average price of the bids; and
(C) any market conditions or specifications that have changed since the most recent solicitation.
As added by P.L.49-1997, SEC.1. Amended by P.L.46-2007, SEC.4.