Bill Text: IN HB1260 | 2013 | Regular Session | Introduced
Bill Title: Veterans business set aside.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2013-01-14 - First reading: referred to Committee on Veterans Affairs and Public Safety [HB1260 Detail]
Download: Indiana-2013-HB1260-Introduced.html
Citations Affected: IC 4-13.6-2-13; IC 5-22-14.1; IC 5-22-15-23.
Synopsis: Veterans business set aside. Authorizes a state agency to set
aside certain contracts for supplies or services for service disabled
veteran owned (SDVO) small businesses. Permits the department of
administration to designate certain public works projects as an SDVO
small business set-aside. Provides that to qualify for a set-aside
contract, the SDVO small business must: (1) be owned and controlled
by a service disabled veteran who is a resident of Indiana; and (2) have
a current verification as an SDVO small business by the United States
Department of Veterans Affairs Center of Veterans Enterprise.
Provides, with certain exceptions, that a state agency must set a goal for
participation by SDVO small businesses of at least 3% of the overall
dollar amount expended each state fiscal year by the state agency for
purchases. Provides that the Indiana economic development
corporation may assist a state agency in: (1) compiling a list of SDVO
small business; (2) assisting an SDVO small business in complying
with the procedures for bidding on governmental contracts; (3)
examining requests from state agencies for the purchase of supplies or
services to help determine which purchases are to be designated as
SDVO small business set-asides; and (4) simplifying specifications and
contract terms to increase the opportunities for SDVO small business
participation in governmental contracts. Requires the department of
administration, beginning in 2014, to submit to the legislative council
and the governor an annual report regarding state agency progress in
meeting the 3% goal for SDVO small business contracts. Provides that
an SDVO small business may not receive an Indiana small business
price preference on purchases designated as an SDVO small business
set-aside.
Effective: Upon passage; July 1, 2013.
January 14, 2013, read first time and referred to Committee on Veterans Affairs and Public
Safety.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
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A BILL FOR AN ACT to amend the Indiana Code concerning state
and local administration.
(b) The following apply to rules adopted by the department governing small business set-asides for public works projects:
(1) The rules are subject to the criteria for determining whether a business is an SDVO small business under IC 5-22-14.1-5.
(2) The rules must establish procedures for administering an SDVO small business set-aside program for public works projects that are substantially the same as the procedures described in IC 5-22-14.1.
JULY 1, 2013]:
Chapter 14.1. Indiana Service Disabled Veteran Owned Small
Business Set-Aside Purchases
Sec. 1. As used in this chapter, "SDVO small business" means
a service disabled veteran owned small business that meets the
requirements of section 5 of this chapter.
Sec. 2. As used in this chapter, "SDVO small business set-aside"
means a purchase in which the solicitation states that offers will be
accepted only from SDVO small businesses.
Sec. 3. As used in this chapter, "service disabled veteran" has
the meaning set forth in 15 U.S.C. 632(q)(1) as in effect January 1,
2013.
Sec. 4. As used in this chapter, "service disabled veteran owned
small business" means a small business concern owned and
controlled by service disabled veterans (as defined in 15 U.S.C.
632(q)(2) as in effect January 1, 2013).
Sec. 5. To qualify as an SDVO small business for purposes of
this chapter, a service disabled veteran owned small business must:
(1) be owned and controlled by a service disabled veteran who
is a resident of Indiana; and
(2) have a current verification as a service disabled veteran
owned small business under 38 CFR 74, et seq., by the United
States Department of Veterans Affairs Center of Veterans
Enterprise.
Sec. 6. (a) A state agency may identify as an SDVO small
business set-aside specific supplies or services for which a purchase
has been requested under this article.
(b) An SDVO small business must meet the requirements
provided in section 5 of this chapter at the time the solicitation for
the purchase is issued, and the public notice of the purchase must
state that the purchase is an SDVO small business set-aside.
Sec. 7. If a purchase is designated as an SDVO small business
set-aside, the solicitation must be confined to SDVO small
businesses.
Sec. 8. A purchasing agent may not designate a purchase as an
SDVO small business set-aside unless there is a reasonable
expectation that offers will be obtained from at least two (2) SDVO
small businesses capable of furnishing the desired supply or service
at a fair and reasonable price.
Sec. 9. (a) Except as provided in subsection (b), each state
agency shall set a goal for participation by SDVO small businesses
of at least three percent (3%) of the overall dollar amount
expended each state fiscal year by the state agency for purchases.
(b) A state agency is not required to meet the goal described in
subsection (a) if the state agency:
(1) determines that the goal is not consistent with the goals of
delivering the supplies or services within a timely manner and
within the budgeted amount; or
(2) exercising financial prudence, determines that the state
agency is unable to meet the goal established by subsection
(a).
Sec. 10. (a) Except as provided in subsection (b), a contract shall
be awarded under this chapter to the lowest responsible and
responsive offeror among the SDVO small businesses in
accordance with the rules of the Indiana department of
administration.
(b) If a purchasing agent determines that acceptance of the
lowest responsible and responsive offer will result in the payment
of an unreasonable price, the purchasing agent shall reject all
offers and may withdraw designation of the purchase as an SDVO
small business set-aside.
Sec. 11. A purchase from an SDVO small business under this
chapter is subject to:
(1) all other provisions of this article; and
(2) the rules of the Indiana department of administration.
If there is a conflict between the laws described in subdivisions (1)
and (2) and this chapter, this chapter governs.
Sec. 12. An SDVO small business may not receive a price
preference under IC 5-22-15-23 for purchases designated as an
SDVO small business set-aside under this chapter.
Sec. 13. The Indiana economic development corporation may
assist a state agency in doing any of the following:
(1) Compiling and maintaining a comprehensive list of SDVO
small businesses.
(2) Assisting SDVO small businesses in complying with the
procedures for bidding on government contracts.
(3) Examining requests from state agencies for the purchase
of supplies or services to help determine which purchases are
to be designated as SDVO small business set-asides.
(4) Simplifying specifications and contract terms to increase
the opportunities for SDVO small business participation in
government contracts.
Sec. 14. (a) The Indiana department of administration shall
annually evaluate the progress of each state agency in meeting the
goal established by section 9 of this chapter for the previous state
fiscal year.
(b) Beginning in 2014, after June 30 and before November 1 of
each year, the Indiana department of administration shall submit
a report to the governor and the legislative council (in an electronic
format under IC 5-14-6). The report must include:
(1) a list of each state agency that failed to meet the goal
established by section 9 of this chapter during the previous
state fiscal year; and
(2) for each state agency described in subdivision (1):
(A) a summary of why the state agency failed to meet the
goal; and
(B) the actions that are being taken by the state agency to
meet the goal in the current state fiscal year.
(c) The Indiana department of administration shall post the
report described in subsection (b) on the department's Internet
web site not later than thirty (30) days after the report is submitted
to the governor and the legislative council.
Sec. 15. The Indiana department of administration shall adopt
rules under IC 4-22-2 to implement this chapter.
(b) The governmental body may adopt rules to establish criteria to carry out this section.
(b) An emergency rule adopted under this SECTION expires on the earlier of:
(1) the date the Indiana department of administration adopts permanent rules under IC 4-22-2 to replace the emergency rules; or
(2) December 31, 2014.
(c) This SECTION expires January 1, 2015.
