CHAPTER 2. DEFINITIONS
IC 5-22-2
Chapter 2. Definitions
IC 5-22-2-1
Applicability of definitions
Sec. 1. Except as otherwise provided, the definitions in this
chapter apply throughout this article.
As added by P.L.49-1997, SEC.1. Amended by P.L.165-2005, SEC.2
and P.L.222-2005, SEC.25.
IC 5-22-2-1.3
"Affiliate"
Sec. 1.3. "Affiliate" means a business entity that effectively
controls or is controlled by a contractor or is associated with a
contractor under common ownership or control, whether by
shareholdings or other means, including a subsidiary, parent, or
sibling of a contractor.
As added by P.L.165-2005, SEC.3 and P.L.222-2005, SEC.26.
Amended by P.L.1-2006, SEC.123.
IC 5-22-2-2
"Change order"
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.
IC 5-22-2-2.5
"Consolidated purchase"
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.
IC 5-22-2-2.7
"Committee"
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.
IC 5-22-2-3
"Contract modification"
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.49-1997, SEC.1.
IC 5-22-2-4
"Contractor"
Sec. 4. "Contractor" refers to a person who has a contract with a
governmental body.
As added by P.L.49-1997, SEC.1.
IC 5-22-2-5
"Cost reimbursement contract"
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.1.
IC 5-22-2-6
"Data"
Sec. 6. "Data" means recorded information, regardless of its form
or characteristics.
As added by P.L.49-1997, SEC.1.
IC 5-22-2-7
Repealed
(Repealed by P.L.177-2005, SEC.47.)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.
IC 5-22-2-9
"Established catalog price"
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 prices at which sales are currently or were last made
to a significant number of any category of buyers, or buyers
constituting the general buying public, for the supplies or
services involved.
As added by P.L.49-1997, SEC.1.
IC 5-22-2-10
"Executive branch"
Sec. 10. "Executive branch" refers to the department of state
government provided in Articles 5 and 6 of the Constitution of the
State of Indiana.
As added by P.L.49-1997, SEC.1.
IC 5-22-2-11
"Fiscal body"
Sec. 11. "Fiscal body" means the following:
(1) For a state agency, the term refers to the budget agency.
(2) For a political subdivision, the term has the meaning set
forth in IC 36-1-2-6.
(3) For a governmental body not described in subdivision (1) or
(2), the term means the person that has primary responsibility
for the fiscal affairs of the governmental body.
As added by P.L.49-1997, SEC.1.
IC 5-22-2-12
"Gift"
Sec. 12. "Gift" includes a bequest, cooperative agreement, and
grant.
As added by P.L.49-1997, SEC.1.
IC 5-22-2-13
"Governmental body"
Sec. 13. "Governmental body" means an agency, a board, a
branch, a bureau, a commission, a council, a department, an
institution, an office, or another establishment of any of the
following:
(1) The executive branch.
(2) The judicial branch.
(3) The legislative branch.
(4) A political subdivision.
As added by P.L.49-1997, SEC.1.
IC 5-22-2-13.2
"Office of technology"
Sec. 13.2. "Office of technology" refers to the office of
technology established by IC 4-13.1-2-1.
As added by P.L.177-2005, SEC.21.
IC 5-22-2-13.5
"Internet"
Sec. 13.5. "Internet" means the international computer network of
both federal and nonfederal interoperable packet switched data
networks, including the graphical subnetwork called the world wide
web.
As added by P.L.93-2004, SEC.4.
IC 5-22-2-13.7
"Internet purchasing site"
Sec. 13.7. "Internet purchasing site" means an open and
interactive electronic environment that is designed to facilitate the
purchase of supplies by means of the Internet. The term includes an
Internet purchasing site developed under IC 4-13-17.
As added by P.L.93-2004, SEC.5.
IC 5-22-2-13.9
Repealed
(Repealed by P.L.177-2005, SEC.47.)
IC 5-22-2-14
"Invitation for bids"
Sec. 14. "Invitation for bids" means all documents, whether
attached or incorporated by reference, used for soliciting bids.
As added by P.L.49-1997, SEC.1.
IC 5-22-2-15
"Judicial branch"
Sec. 15. "Judicial branch" refers to the department of state
government provided in Article 7 of the Constitution of the State of
Indiana.
As added by P.L.49-1997, SEC.1.
IC 5-22-2-16
"Legislative branch"
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.
IC 5-22-2-17
"Offer"
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.
IC 5-22-2-18
"Offeror"
Sec. 18. "Offeror" means a person that submits an offer to a
governmental body.
As added by P.L.49-1997, SEC.1.
IC 5-22-2-19
"Operating agreement"
Sec. 19. "Operating agreement" has the meaning set forth in
IC 5-23-2-7.
As added by P.L.49-1997, SEC.1.
IC 5-22-2-20
"Person"
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 individuals.
As added by P.L.49-1997, SEC.1.
IC 5-22-2-21
"Policy"
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.
IC 5-22-2-22
"Political subdivision"
Sec. 22. "Political subdivision" has the meaning set forth in
IC 36-1-2-13.
As added by P.L.49-1997, SEC.1.
IC 5-22-2-23
"Public funds"
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 any person managing or operating a
public facility under an authorized operating agreement under
IC 5-23.
(2) Proceeds of bonds payable exclusively by a private entity.
As added by P.L.49-1997, SEC.1.
IC 5-22-2-24
"Purchase"
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 administration.
(5) All functions that pertain to purchasing.
As added by P.L.49-1997, SEC.1.
IC 5-22-2-25
"Purchasing agency"
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.
IC 5-22-2-26
"Purchasing agent"
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.
IC 5-22-2-27
"Purchase description"
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.
IC 5-22-2-28
"Request for proposals" or "RFP"
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.
IC 5-22-2-28.5
"Reverse auction"
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.
IC 5-22-2-29
"Rule"
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 governmental body is authorized by law
to adopt a policy that has the force and effect of law.
As added by P.L.49-1997, SEC.1.
IC 5-22-2-30
"Services"
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.
IC 5-22-2-31
"Social services"
Sec. 31. "Social services" means services obtained from funds
covered by IC 12-13-10.
As added by P.L.49-1997, SEC.1.
IC 5-22-2-32
"Solicitation"
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 request for
proposals, and a request for quotes.
As added by P.L.49-1997, SEC.1.
IC 5-22-2-33
"Special fund"
Sec. 33. "Special fund", as used with respect to the state, means
a dedicated fund.
As added by P.L.49-1997, SEC.1.
IC 5-22-2-34
"Special purchase"
Sec. 34. "Special purchase" refers to a purchase authorized under
IC 5-22-10.
As added by P.L.49-1997, SEC.1.
IC 5-22-2-35
"Specification"
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 delivery.
As added by P.L.49-1997, SEC.1.
IC 5-22-2-36
"State agency"
Sec. 36. "State agency" has the meaning set forth in IC 4-13-1-1.
As added by P.L.49-1997, SEC.1.
IC 5-22-2-37
(Repealed by P.L.2-2007, SEC.390.)
IC 5-22-2-38
"Supplies"
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.
IC 5-22-2-39
"Using agency"
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.