Title 5, TITLE 5. STATE AND LOCAL ADMINISTRATION

Sec. 16. "Legislative branch" refers to the department of state government provided in Article 4 of the Constitution of the State of Indiana. As added by P.L.49-1997, SEC.1.

Sec. 17. (a) "Offer" means a response to a solicitation. (b) The term includes a bid, proposal, and quote. As added by P.L.49-1997, SEC.1.

Sec. 18. "Offeror" means a person that submits an offer to a governmental body. As added by P.L.49-1997, SEC.1.

Sec. 19. "Operating agreement" has the meaning set forth in IC 5-23-2-7. As added by P.L.49-1997, SEC.1.

Sec. 2. "Change order" means a written order that: (1) is signed by the purchasing agent; and (2) directs the contractor to make changes that the contract authorizes the purchasing agent to order without the consent of the contractor. As added by P.L.49-1997, SEC.1.…

Sec. 2.5. "Consolidated purchase" means the purchase of multiple supplies or services from one (1) vendor. As added by P.L.46-2007, SEC.1.

Sec. 2.7. "Committee" refers to the committee for the purchase of products and services established under IC 16-32-2-2. As added by P.L.46-2007, SEC.2.

Sec. 20. "Person" includes an association, a business, a committee, a corporation, a fiduciary, an individual, a joint stock company, a joint venture, a limited liability company, a partnership, a sole proprietorship, a trust, or another legal entity, organization, or group of in…

Sec. 21. "Policy" refers to a governmental body's or purchasing agency's written statement of: (1) purchasing procedure; or (2) substantive purchasing purposes; that does not have the force and effect of law. As added by P.L.49-1997, SEC.1.

Sec. 22. "Political subdivision" has the meaning set forth in IC 36-1-2-13. As added by P.L.49-1997, SEC.1.

Sec. 23. (a) "Public funds" means money: (1) derived from the revenue sources of the governmental body; and (2) deposited into the general or a special fund of the governmental body. (b) The term does not include either of the following: (1) Money received by a person under an au…

Sec. 24. (a) "Purchase" includes buy, procure, rent, lease, or otherwise acquire. (b) The term includes the following activities: (1) Description of requirements. (2) Solicitation or selection of sources. (3) Preparation and award of contract. (4) All phases of contract administr…

Sec. 25. "Purchasing agency" means a governmental body that is authorized to enter into contracts by this article, rules adopted under this article, or by another law. As added by P.L.49-1997, SEC.1.

Sec. 26. "Purchasing agent" means an individual authorized by a purchasing agency to act as an agent for the purchasing agency in the administration of the duties of the purchasing agency. As added by P.L.49-1997, SEC.1.

Sec. 27. (a) "Purchase description" means the words used in a solicitation to describe the supplies or services to be purchased. (b) The term includes specifications attached to, or made a part of, the solicitation. As added by P.L.49-1997, SEC.1.

Sec. 28. "Request for proposals" or "RFP" means all documents, whether attached or incorporated by reference, used for soliciting proposals. As added by P.L.49-1997, SEC.1.

Sec. 28.5. "Reverse auction" means a method of purchasing in which offerors submit offers in an open and interactive environment through the Internet. As added by P.L.93-2004, SEC.6.

Sec. 29. "Rule" refers to the following: (1) With respect to an agency of the executive branch, a rule adopted under IC 4-22-2. (2) With respect to a governmental body not described in subdivision (1), an order, an ordinance, a resolution, or another procedure by which the govern…

Sec. 3. "Contract modification" means a written alteration: (1) in a specification, delivery point, rate of delivery, period of performance, price, quantity, or another provision of a contract; and (2) accomplished by mutual action of the parties to the contract. As added by P.L.…

Sec. 30. "Services" means the furnishing of labor, time, or effort by a person, not involving the delivery of specific supplies other than printed documents or other items that are merely incidental to the required performance. As added by P.L.49-1997, SEC.1.

Sec. 31. "Social services" means services obtained from funds covered by IC 31-25-2-8. As added by P.L.49-1997, SEC.1. Amended by P.L.128-2012, SEC.3.

Sec. 32. (a) "Solicitation" means the procedure by which a governmental body invites persons to submit an offer to enter into a contract with the governmental body for the purchase or sale of supplies by the governmental body. (b) The term includes an invitation for bids, a reque…

Sec. 33. "Special fund", as used with respect to the state, means a dedicated fund. As added by P.L.49-1997, SEC.1.

Sec. 34. "Special purchase" refers to a purchase authorized under IC 5-22-10. As added by P.L.49-1997, SEC.1.

Sec. 35. (a) "Specification" means a description of the physical or functional characteristics of a supply or service or the nature of a supply or service. (b) The term includes a description of any requirements for inspecting, testing, or preparing a supply or service for delive…

Sec. 36. "State agency" has the meaning set forth in IC 4-13-1-1. As added by P.L.49-1997, SEC.1.

As added by P.L.49-1997, SEC.1. Repealed by P.L.2-2007, SEC.390.

Sec. 38. (a) "Supplies" means any property. (b) The term includes equipment, goods, and materials. The term does not include an interest in real property. As added by P.L.49-1997, SEC.1.

Sec. 39. "Using agency" means a governmental body that uses supplies or services purchased under this article. As added by P.L.49-1997, SEC.1.

Sec. 4. "Contractor" refers to a person who has a contract with a governmental body. As added by P.L.49-1997, SEC.1.

Sec. 5. "Cost reimbursement contract" means a contract that entitles a contractor to receive: (1) reimbursement for costs that are allowable and allocable in accordance with the contract terms and the provisions of this article; and (2) a fee, if any. As added by P.L.49-1997, SEC…

Sec. 6. "Data" means recorded information, regardless of its form or characteristics. As added by P.L.49-1997, SEC.1.

As added by P.L.49-1997, SEC.1. Repealed by P.L.177-2005, SEC.47. IC 5-22-2-8 "Designee" Sec. 8. "Designee" means an authorized representative. As added by P.L.49-1997, SEC.1.

Sec. 9. "Established catalog price" refers to the price included in a catalog, price list, schedule, or other form that: (1) is regularly maintained by the manufacturer or contractor; (2) is either published or otherwise available for inspection by customers; and (3) states price…

Sec. 1. The definitions in this chapter apply throughout this article. As added by P.L.49-1997, SEC.34.

Sec. 1.5. "Availability payment" means any funding stream, whether from a private, local, state, or federal source that the governmental body is authorized to use for the construction, maintenance, financing, or operations of any transportation infrastructure located within the b…

Sec. 10. "Person" means an association, a corporation, a limited liability company, a fiduciary, an individual, a joint stock company, a joint venture, a partnership, a sole proprietorship, or any other private legal entity. As added by P.L.49-1997, SEC.34.

Sec. 11. "Public facility" means a facility located on, or to be located on, real property owned or leased by a governmental body and upon which a public service is or may be provided. As added by P.L.49-1997, SEC.34.

Sec. 12. "Public funds" has the meaning set forth in IC 5-22-2-23. As added by P.L.49-1997, SEC.34.

Sec. 13. "Public-private agreement" means a BOT agreement or an operating agreement. As added by P.L.49-1997, SEC.34.

Sec. 14. "Public service" means any service customarily provided by a governmental body. As added by P.L.49-1997, SEC.34.

Sec. 15. "Public work" means any public building, highway, street, alley, bridge, sewer, drain, or any other public facility that is paid for out of public funds. As added by P.L.49-1997, SEC.34.

Sec. 15.3. "Qualifying project" refers to either of the following: (1) A transportation facility. (2) A transportation project. As added by P.L.57-2022, SEC.5.

Sec. 15.5. (a) "Revenues" means the income, earnings, lease payments, or other service payments relating to the development or operation of a transportation facility or transportation project. (b) The term includes, but is not limited to, money received as grants or otherwise fro…

Sec. 16. "State" means the state of Indiana or a state agency (as defined in IC 6-1.1-1-18). As added by P.L.213-2015, SEC.70.

Sec. 17. "Transportation facility" means any new or existing road, highway, toll highway, bridge, tunnel, railroad (as defined in IC 8-3-1-2), or intermodal facility, located in the jurisdiction of a governmental body. As added by P.L.57-2022, SEC.7. IC 5-23-2-18 "Transportation …

Sec. 2. "Board" refers to the agent, board, commission, officer, or trustee of a public agency having the power to award contracts on behalf of the public agency. As added by P.L.49-1997, SEC.34.

Sec. 3. "BOT agreement" means any agreement between a governmental body and an operator to construct, operate, and maintain a public facility and to transfer the public facility back to the governmental body at an established future date. As added by P.L.49-1997, SEC.34.

Sec. 4. (a) "Construction" means the process of building, renovating, reconstructing, expanding, modernizing, or assembling a public work, including any material enhancements or upgrades to an existing public facility. (b) The term does not include normal repair, operation, gener…

Sec. 5.5. "Develop" means to plan, design, finance, lease, acquire, install, construct, or expand under a public-private agreement. As added by P.L.57-2022, SEC.2.