Revised September 10, 2020
Title 4: State Offices and Administration
Article 13.6: State Public Works
Chapter 6: Bid Opening Award of Contracts
Section 2.5: Preference Rules
(a) As used in this section, "out-of-state business" refers to a business that is not an Indiana business.
(b) The department may adopt rules under IC 4-22-2 to give a preference to an Indiana business that submits a bid under this article if all of the following apply:
(c) Rules adopted under subsection (b) must establish criteria for determining the following:
(d) Rules adopted under subsection (b) may not give a preference to an Indiana business that is more favorable to the Indiana business than the other state's preference is to the other state's businesses.
Title 5: State and Local Administration
Article 22: Public Purchasing
Chapter 15: Purchasing Preferences
Section 16: Price Preference for Supplies That Contain Recycled or Post-Consumer Materials
(a) This section does not apply when the purchase description is limited to a supply that meets the description set forth in subsection (b).
(b) There is a price preference for supplies that contain recycled materials or post-consumer materials.
(c) The amount of the price preference and the recycled materials' composition of the supplies must be set by one (1) of the following:
The preference shall be set to maximize the use of recycled materials when economically practical.
(d) A price preference set under subsection (c) may not be less than ten percent (10%) or exceed fifteen percent (15%).
Title 5: State and Local Administration
Article 22: Public Purchasing
Chapter 15: Purchasing Preferences
Section 18: Price Preference for Soybean Oil Based Ink
Title 5: State and Local Administration
Article 22: Public Purchasing
Chapter 15: Purchasing Preferences
Section 19:Price Preference for Soy Diesel/Bio Diesel
(a) This section does not apply when the purchase description is limited to a fuel of which at least twenty percent (20%) by volume is soy diesel/bio diesel.
(b) As used in this section, "soy diesel/bio diesel" includes fuels (other than alcohol) that are primarily esters derived from biological materials, including oilseeds and animal fats, for use in compression and ignition engines.
(c) There is a price preference of ten percent (10%) for soy diesel/bio diesel.
(d) The price preference under this section applies to a purchase of fuel of which at least twenty percent (20%) by volume is soy diesel/bio diesel.
Title 5: State and Local Administration
Article 22: Public Purchasing
Chapter 15: Purchasing Preferences
Section 20: Preferences to Indiana Businesses; Rules
(a) This section does not apply to the state lottery commission created by IC 4-30-3-1.
(b) As used in this section, "out-of-state business" refers to a business that is not an Indiana business.
(c) A governmental body may adopt rules to give a preference to an Indiana business that submits an offer for a purchase under this article if all of the following apply:
(d) Rules adopted under subsection (c) must establish criteria for determining the following:
(e) Rules adopted under subsection (c) may not give a preference to an Indiana business that is more favorable to the Indiana business than the other state's preference is to the other state's businesses.
(f) Rules adopted under subsection (c) must provide that a contract shall be awarded to the lowest responsive and responsible offeror, regardless of the preference provided under this section, if:
Title 5: State and Local Administration
Article 22: Public Purchasing
Chapter 15: Purchasing Preferences
Section 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:
(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:
(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):
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:
Title 5: State and Local Administration
Article 22: Public Purchasing
Chapter 15: Purchasing Preferences
Section 20.9: Price Preferences for Local Indiana Businesses
(a) This section applies only to a contract awarded by a political subdivision if the political subdivision provides in the solicitation that this section applies to the purchase.
(b) As used in this section, "affected county" refers to an Indiana county:
(c) As used in this section, "local Indiana business" refers to any of the following:
(d) There are the following price preferences for supplies purchased from a local Indiana business:
(e) Notwithstanding subsection (d), a purchasing agency may award a contract to the lowest responsive and responsible offeror, regardless of the preference provided in this section, if the lowest responsive and responsible offeror is a local Indiana business.
(f) A business that wants to claim a preference provided under this section must do all the following:
Title 5: State and Local Administration
Article 22: Public Purchasing
Chapter 15: Purchasing Preferences
Section 22: Absolute Preference to Coal Mined in Indiana
(a) This section does not apply to the state lottery commission created by IC 4-30-3-1.
(b) This section does not apply if federal law requires the use of low Sulphur coal in the circumstances for which the coal is purchased.
(c) Whenever a purchasing agent purchases coal for use as fuel, the purchasing agent shall give an absolute preference to coal mined in Indiana.
Title 5: State and Local Administration
Article 22: Public Purchasing
Chapter 15: Purchasing Preferences
Section 23: Price Preference for Supplies to Indiana Small Business and Veteran Owned Small Business
Title 5: State and Local Administration
Article 22: Public Purchasing
Chapter 15: Purchasing Preferences
Section 23.5: Price Preference for Indiana Agricultural Products
(a) A governmental body may give up to a ten percent (10%) price preference for agricultural products grown, produced, or processed in Indiana.
(b) A governmental body may adopt rules to establish criteria to carry out this section.