Bill Text: IN SB0564 | 2013 | Regular Session | Engrossed
Bill Title: Veterans preference on state contracts.
Spectrum: Bipartisan Bill
Status: (Passed) 2013-05-13 - Public Law 90 [SB0564 Detail]
Download: Indiana-2013-SB0564-Engrossed.html
Citations Affected: IC 5-22.
Synopsis: Veterans preference on state contracts. Provides that an
Indiana veteran owned small business (VOSB) is eligible for the small
business set aside procurement policy for state procurements and for
procurements by political subdivisions that have adopted the set aside
policy. Provides that the 15% price preference for small businesses
applies to Indiana VOSBs. Requires the department of administration
to adopt rules to increase contracting opportunities for Indiana VOSBs
with a goal to procure in each state fiscal year at least 3% of state
contracts with Indiana VOSBs. Provides that the Indiana economic
development corporation may assist the department of administration:
(1) compiling and maintaining a list of Indiana VOSBs; (2) assisting
Indiana VOSBs to comply with procedures for bidding on state
contracts; (3) helping determine which purchases of supplies or
services are consistent with the state's VOSB procurement goal; and (4)
simplifying specifications and contract terms to increase opportunities
for Indiana VOSB participation in state contracts. Provides for the
development of programs to encourage cities, counties, towns,
townships, and private businesses to adopt the state's VOSB
procurement goal. Requires the department of administration to report
on the percentage of state contracts with Indiana VOSBs.
Effective: July 1, 2013.
(HOUSE SPONSORS _ BAIRD, BURTON, NIEZGODSKI, MACER)
January 14, 2013, read first time and referred to Committee on Commerce, Economic
Development & Technology.
February 11, 2013, amended, reported favorably _ Do Pass; reassigned to Committee on
Appropriations.
February 21, 2013, amended, reported favorably _ Do Pass.
February 25, 2013, read second time, ordered engrossed. Engrossed.
February 26, 2013, read third time, passed. Yeas 48, nays 1.
March 5, 2013, read first time and referred to Committee on Veterans Affairs and Public Safety.
March 26, 2013, reported _ Do Pass.
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
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning
military and veterans.
SECTION 1. IC 5-22-14-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1. As used in this
chapter, "small business" means a business that:
(1) is independently owned and operated;
(2) is not dominant in its field of operation; and
(3) satisfies the criteria:
(A) in the rules adopted under section 3 of this chapter; or
(B) to be a veteran owned small business concern as
specified in section 3.5 of this chapter.
(1) has a current verification as a veteran owned small business concern under 38 CFR 74, et seq., by the Center of
Veterans Enterprise of the United States Department of
Veterans Affairs;
(2) is owned and controlled by one (1) or more veterans who
have been residents of Indiana for at least one (1) year before
making an offer or, in the case of a corporation, have at least
fifty-one percent (51%) of the corporation's stock owned by
one (1) or more veterans who have been residents of Indiana
for at least one (1) year before making an offer; and
(3) has its principal place of business located in Indiana.
(b) The Indiana economic development corporation may assist
the Indiana department of administration in doing any of the
following:
(1) Compiling and maintaining a comprehensive list of
veteran owned small businesses.
(2) Assisting veteran owned small businesses in complying
with the procedures for bidding on state contracts.
(3) Examining requests from the Indiana department of
administration for the purchase of supplies or services to help
determine which purchases may be consistent with the goal
described in section 11(a) of this chapter.
(4) Simplifying specifications and contract terms to increase
the opportunities for veteran owned small businesses to
participate in state contracts.
(c) The Indiana economic development corporation, in
consultation with the Indiana department of administration, may
develop programs to encourage cities, counties, towns, townships,
and private businesses to adopt the goal for contracts with veteran
owned small businesses described in section 11(a) of this chapter.
(1) Increase contracting opportunities for Indiana veteran owned small businesses described in section 3.5 of this chapter with a goal to procure in each state fiscal year at least three percent (3%) percent of state contracts with Indiana veteran owned small businesses.
(2) Develop procurement policies and procedures to accomplish the goal described in subdivision (1), including guidelines to be followed by the Indiana department of administration in conducting the department's procurement efforts.
These procurement policies do not apply to a procurement of supplies and services to address immediate and serious government needs at a time of emergency, including a threat to the public
health, welfare, or safety that may arise by reason of floods,
epidemics, riots, acts of terrorism, major power failures, a threat
proclaimed by the President of the United States or the governor,
or a threat declared by the commissioner of the Indiana
department of administration.
(b) The Indiana department of administration shall annually
evaluate its progress in meeting the goal described in this section
for the previous state fiscal year. 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, the Indiana
department of veterans' affairs, the commission on military and
veterans affairs, and, in an electronic format under IC 5-14-6, the
legislative council. The report must include:
(1) the percentage goal obtained by the Indiana department
of administration during the previous state fiscal year; and
(2) a summary of why the Indiana department of
administration failed to meet the goal and what actions are
being taken by the Indiana department of administration 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. The Indiana department of veterans' affairs 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
by the Indiana department of administration.