Bill Text: IN SB0271 | 2013 | Regular Session | Introduced
Bill Title: State contracting with veterans.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2013-01-10 - Senator Mrvan added as coauthor [SB0271 Detail]
Download: Indiana-2013-SB0271-Introduced.html
Citations Affected: IC 4-13.6-2-13; IC 5-22.
Synopsis: State contracting with veterans. Authorizes a state agency
to identify a particular purchase of supplies or services as a set-aside
for which offers will be accepted only from veteran owned small
businesses verified by the Center of Veterans Enterprise of the United
States Department of Veterans Affairs as veteran owned small business
concerns (VOSBs). Authorizes the public works division of the Indiana
department of administration to designate certain public works projects
as a set-aside for which offers will be accepted only from VOSBs.
Provides that a veteran owned small business may not receive a small
business price preference for a purchase designated as a VOSB
set-aside. Provides that the Indiana economic development corporation
may assist a state agency in compiling a list of veteran owned small
businesses, helping veteran owned small businesses to comply with
procedures for bidding on state contracts, helping to determine which
purchases of supplies or services should be designated as VOSB
set-asides, and simplifying specifications and contract terms to increase
opportunities for VOSB participation in state contracts. Requires each
state agency to set a goal of having veteran owned small businesses
participate in purchases involving at least 3% of the overall dollar
amount expended by the state agency each state fiscal year for
purchases. Excuses a state agency from meeting the goal under certain
circumstances. Requires the Indiana department of administration,
beginning in 2014, to annually present a report to the governor and the
legislative council that identifies each state agency that failed to meet
the goal in the past state fiscal year, states why each of those state
agencies failed to meet the goal, and states what each of the state
agencies is doing to meet the goal in the current state fiscal year.
Requires that the report be posted on the Indiana department of
administration's Internet web site.
Effective: July 1, 2013.
January 8, 2013, read first time and referred to Committee on Appropriations.
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.
(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 determination of whether a business qualifies as a VOSB (as defined in IC 5-22-14.1-2) under IC 5-22-14.1-4.
(2) The rules must establish procedures for administering a VOSB set-aside program for public works projects that are substantially the same as the procedures described in IC 5-22-14.1.
Chapter 14.1. Veteran Owned Small Business Set-Asides and Participation Goal
Sec. 1. As used in this chapter, "veteran owned small business" means a small business concern owned and controlled by veterans, as defined in 15 U.S.C. 632(q)(3) as in effect January 1, 2013.
Sec. 2. As used in this chapter, "VOSB" means a veteran owned small business that qualifies as a VOSB under section 4 of this chapter.
Sec. 3. As used in this chapter, "VOSB set-aside" means a purchase in which the solicitation states that offers will be accepted only from a VOSB.
Sec. 4. To qualify as a VOSB for purposes of this chapter, a veteran owned small business must have 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.
Sec. 5. (a) A state agency may identify a purchase of specific supplies or services under this article as a VOSB set-aside. The public notice of the purchase must state that the purchase is a VOSB set-aside.
(b) If a purchase is designated as a VOSB set-aside, the solicitation must be confined to VOSBs.
(c) To be an offeror for a VOSB set-aside, a veteran owned small business must qualify as a VOSB under section 4 of this chapter at the time the solicitation for the purchase is issued.
Sec. 6. A purchasing agent may not designate a purchase as a VOSB set-aside unless there is a reasonable expectation that offers will be obtained from at least two (2) VOSBs that are capable of furnishing the desired supply or service at a fair and reasonable price.
Sec. 7. (a) Except as provided in subsection (b), in a VOSB set-aside, the state agency shall award the contract to the lowest responsible and responsive offeror among the VOSBs that are offerors, in accordance with the rules of the Indiana department of administration.
(b) If a purchasing agent determines that awarding the contract to the lowest responsible and responsive offeror among the VOSBs that are offerors will result in the payment of an unreasonable price, the purchasing agent:
(1) shall reject all offers; and
(2) may withdraw designation of the purchase as a VOSB set-aside.
Sec. 8. A purchase from a VOSB in a VOSB set-aside 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. 9. A VOSB may not receive a price preference under IC 5-22-15-23 for a purchase designated as a VOSB set-aside under this chapter.
Sec. 10. The Indiana economic development corporation may assist a state agency 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 state agencies for the purchase of supplies or services to help determine which purchases are to be designated as VOSB set-asides.
(4) Simplifying specifications and contract terms to increase the opportunities for VOSB participation in state contracts.
Sec. 11. (a) Except as provided in subsection (b), each state agency shall set a goal of participation by veteran owned small businesses in purchases involving 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 excused from meeting the goal described in subsection (a) if:
(1) the state agency determines that the goal described in subsection (a) is not consistent with the goals of receiving delivery of the supplies or services within a timely manner and within the budgeted amount; or
(2) the state agency determines that, exercising financial prudence, it is unable to meet the goal described in subsection (a).
Sec. 12. (a) The Indiana department of administration shall annually evaluate the progress of each state agency in meeting the goal described in section 11(a) 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 identifying each state agency that failed to meet the goal described in section 11(a) 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) what actions 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. 13. The Indiana department of administration may adopt rules under IC 4-22-2, including emergency rules under IC 4-22-2-37.1, to implement this chapter.
Sec. 14. (a) Emergency rules adopted under section 13 of this chapter expire on the earlier of:
(1) the date on which the Indiana department of administration adopts permanent rules under IC 4-22-2 to replace the emergency rules; or
(2) December 31, 2014.
(b) This section expires January 1, 2015.
(b) The governmental body may adopt rules to establish criteria to carry out this section.
