Ind. Code ch. 5-22-13

in effect

Ind. Code § 5-22-13-1 "Qualified agency"

Sec. 1. As used in this chapter, "qualified agency" refers to a nonprofit agency for individuals with disabilities (as defined by IC 16-32-2-1(a)) that meets all of the following conditions: (1) The agency is a nonprofit organization that is incorporated in Indiana. (2) The agency complies with Indiana laws governing private nonprofit organizations. (3) The agency complies with all the requirements of the United States Department of Labor. (4) The agency meets the standards adopted by the secretary of family and social services. (5) The agency makes reports under IC 16-32-2-7. As added by P.L.49-1997, SEC.1. Amended by P.L.37-2018, SEC.1.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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 determine if the fair market price is within ten percent (10%) of the average price estimates or quotes using 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; P.L.37-2018, SEC.2.

Ind. Code § 5-22-13-6 Qualified agency withdrawal from pilot project; award of quantity purchase agreement for products and services; conditions

Sec. 6. (a) This section applies to a qualified agency that: (1) participates in or, before January 1, 2022, participated in a pilot project; and (2) before the qualified agency's participation in the pilot project, had a QPA awarded by the department to sell supplies or services directly to governmental bodies that the qualified agency currently sells through the third party contractor under the pilot project. (b) As used in this section, "department" refers to the Indiana department of administration created by IC 4-13-1-2. (c) As used in this section, "pilot project" refers to a project established by the department through which a qualified agency sells supplies or services covered by this chapter to governmental bodies through a third party contractor that has been awarded a contract by the department under this article. (d) As used in this section, "QPA" refers to a quantity purchase agreement. (e) After a qualified agency withdraws from the pilot project, at the request of the qualified agency, the department shall award to the qualified agency a QPA for the same supplies or services that the qualified agency provided through the third party contractor. The department shall award a QPA to the qualified agency not later than thirty (30) days after the date of the qualified agency's request. (f) The department shall award a QPA to the qualified agency: (1) without requiring a new procurement under this article; and (2) under the same terms and conditions, except for pricing, under which the qualified agency previously had a QPA with the department; if the qualified agency agrees to provide the same supplies or services at a price less than the price provided for the supplies or services under the pilot project as of January 1 of the year the qualified agency withdraws from the pilot project. (g) Section 5(b) of this chapter applies to the prices for the supplies and services of the QPA awarded under subsection (f). (h) This section does not release a qualified agency from any contractual obligations that it might otherwise owe to the third party contractor. As added by P.L.166-2022, SEC.2.

Ind. Code § 5-22-13-7 Purchase of supplies or services covered by quantity purchase agreement awarded to qualified agency

Sec. 7. (a) As used in this section, "department" refers to the Indiana department of administration created by IC 4-13-1-2. (b) As used in this section, "QPA" refers to a quantity purchase agreement awarded by the department. (c) If a state agency wants to purchase supplies or services that are covered by a QPA awarded to a qualified agency, the state agency must purchase those supplies or services from the qualified agency under the QPA. As added by P.L.166-2022, SEC.3.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/5Fetched: 10/17/2026