Window on State Government Susan Combs, Texas Comptroller
Texas Comptroller of Public Accounts

Revised February 9, 2007

INDIANA

Indiana Resident Bidder Preference

Public Works: Preference rules, Ind. Code Ann. § 4-13.6-6-2.5. Department of Administration may adopt rules to give preference to Indiana Business.

Public Works: “Indiana business”; price preferences, Ind. Code Ann. § 4-13.6-6-2.7.

(c) Price preferences for contractor that is Indiana Business:
(1) 5% for contract expected to be less than $500,000
(2) 3% for contract expected to be at least $500,000 but less than $1,000,000
(3) 1% for contract expected to be at least $1,000,000

(d) Contract awarded to lowest responsive and responsible contractor regardless of preference if:
(1) contractor is Indiana contractor; or
(2) nonresident contractor from state bordering Indiana and the home state does not provide a preference to home state’s contractors more favorable than is provided by Indiana law to Indiana contractors.

Purchasing Preferences: Preference to Indiana businesses; rules, Ind. Code Ann. § 5-22-15-20. Governmental body, except state lottery commission, may adopt rules to give preference to Indiana business under certain circumstances. Rules may not give preference that is more favorable to Indiana business than the other state’s preference to other state’s businesses. Rules must provide that contract awarded to lowest responsive and responsible offeror, regardless of preferences, if offeror is Indiana business or offeror is nonresident from state bordering Indiana and the home state does not provide a preference to home state’s businesses more favorable than is provided by Indiana law to Indiana businesses.

Purchasing Preferences: Preferences for supplies, Ind. Code Ann. § 5-22-15-20.5.

(d) Price preferences for supplies purchased from Indiana business:
(1) 5% for purchase expected to be less than $500,000
(2) 3% for purchase expected to be at least $500,000 but less than $1,000,000
(3) 1% for purchase expected to be at least $1,000,000
(e) Contract awarded to lowest responsive and responsible offeror regardless of preference if:
(1) offeror is Indiana business; or
(2) offeror is nonresident from state bordering Indiana and the home state does not provide preference to home state’s businesses more favorable than is provided by Indiana law to Indiana businesses.

Small Business: Price preference for supplies to Indiana small businesses, Ind. Code Ann. § 5-22-15-23. Governmental body shall give 15% preference for supplies to Indiana small business.

State Policy: Establishment of the “Buy Indiana” presumption, Ind. Exec. Order No. 05-05 (Jan. 10, 2005). State procurement subject to a “Buy Indiana” presumption requiring state agencies to buy their supplies and services from “Indiana businesses.” Department of Administration to increase percentage of state procurement from Indiana businesses to 90% of state’s total procurement volume.


Susan Combs
Texas Comptroller of Public Accounts

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