Section 5-22-15-20.5 - "Indiana business"; criteria; price preferences; awarding of contracts; exception(a) This section applies only to a contract awarded by a state agency.(b) As used in this section, "Indiana business" refers to any of the following:(1) A business whose principal place of business is located in Indiana.(2) A business that pays a majority of its payroll (in dollar volume) to residents of Indiana.(3) A business that employs Indiana residents as a majority of its employees.(4) A business that makes significant capital investments in Indiana.(5) A business that has a substantial positive economic impact on Indiana as defined by criteria developed under subsection (c).(c) The Indiana department of administration shall consult with the Indiana economic development corporation in developing criteria for determining whether a business is an Indiana business under subsection (b). The Indiana department of administration may consult with the Indiana economic development corporation to determine whether a particular business meets the requirements of this section and the criteria developed under this subsection.(d) There are the following price preferences for supplies purchased from an Indiana business: (1) Five percent (5%) for a purchase expected by the state agency to be less than five hundred thousand dollars ($500,000).(2) Three percent (3%) for a purchase expected by the state agency to be at least five hundred thousand dollars ($500,000) but less than one million dollars ($1,000,000).(3) One percent (1%) for a purchase expected by the state agency to be at least one million dollars ($1,000,000).(e) If an Indiana business offers to provide supplies manufactured, assembled, or produced in Indiana, and if two (2) or more bids submitted were the same, the following price preference is available to the Indiana business, in addition to the price preference available under subsection (d): (1) Three percent (3%) for a purchase expected by the state agency to be less than five hundred thousand dollars ($500,000).(2) Two percent (2%) for a purchase expected by the state agency to be at least five hundred thousand dollars ($500,000) but less than one million dollars ($1,000,000).(3) One percent (1%) for a purchase expected by the state agency to be at least one million dollars ($1,000,000). The Indiana department of administration shall adopt rules under IC 4-22-2 to establish guidelines for determining when supplies are manufactured or assembled in Indiana.
(f) 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 (b)(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 Indiana residents.(C) The number of the business's employees and the number of the business's employees who are Indiana residents.(D) If the business claims the preference as an Indiana business described in subsection (b)(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 (b)(5), a description of the substantial positive economic impact the business has on Indiana.Amended by P.L. 122-2011, SEC. 3, eff. 7/1/2011.As added by P.L. 66-2004, SEC.4. Amended by P.L. 4-2005, SEC.33; P.L. 123-2009, SEC.1.