CHAPTER 9. PROCUREMENT
IC 8-24-9
Chapter 9. Procurement
IC 8-24-9-1
Applicable laws
Sec. 1. The district shall comply with IC 5-16-7 (common
construction wage), IC 5-22 (public purchasing), IC 36-1-12 (public
work projects), and any applicable federal bidding statutes and
regulations.
As added by P.L.182-2009(ss), SEC.282.
IC 8-24-9-2
Leases between political subdivisions and the district
Sec. 2. An entity that receives a loan, a grant, or other financial
assistance from a district or enters into a lease with a district must
comply with applicable federal, state, and local public purchasing
and bidding laws and regulations. However, a purchasing agency (as
defined in IC 5-22-2-25) of a political subdivision may:
(1) assign or sell a lease for property to a district; or
(2) enter into a lease for property with a district;
at any price and under any other terms and conditions as may be
determined by the entity and the district. However, before making an
assignment or a sale of a lease or entering into a lease under this
section that would otherwise be subject to IC 5-22, the political
subdivision or its purchasing agent must obtain or cause to be
obtained a purchase price for the property to be subject to the lease
from the lowest responsible and responsive bidder in accordance
with the requirements for the purchase of supplies under IC 5-22.
As added by P.L.182-2009(ss), SEC.282.
IC 8-24-9-3
Minority and women's business enterprise participation goals
Sec. 3. Except where 49 CFR Part 26 applies, the district shall set
a goal for participation by minority business enterprises and women's
business enterprises. The goals must be consistent with:
(1) the participation goals established by the counties and
municipalities that are members of the district; and
(2) the goals of delivering the project on time and within the
budgeted amount and, insofar as possible, using Indiana
businesses for employees, goods, and services.
As added by P.L.182-2009(ss), SEC.282.
IC 8-24-9-4
Eminent domain
Sec. 4. If the district is unable to agree with the owners, lessees,
or occupants of any real property selected for the purposes of this
article, the district may proceed under IC 32-24-1 to procure the
condemnation of the property. The district may not institute a
proceeding until it has adopted a resolution that:
(1) describes the real property sought to be acquired and the
public purposes for which the real property is to be used;
(2) declares that the public interest and necessity require the
acquisition by the district of the property involved; and
(3) sets out any other facts that the district considers necessary
or pertinent.
The resolution is conclusive evidence of the public necessity of the
proposed acquisition.
As added by P.L.182-2009(ss), SEC.282.