Sec. 8. (a) Except as provided in subsection (c), the development authority must comply with IC 5-22 (public purchasing), IC 36-1-12 (public work projects), and any applicable federal bidding statutes and regulations. An eligible political subdivision that receives a loan, a grant, or other financial assistance from the development authority or enters into a lease with the development authority must comply with applicable federal, state, and local public purchasing and bidding law and regulations. However, a purchasing agency (as defined in IC 5-22-2-25) of an eligible political subdivision may:

(1) assign or sell a lease for property to the development authority; or

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Terms Used In Indiana Code 36-7.5-2-8

  • Contract: A legal written agreement that becomes binding when signed.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
(2) enter into a lease for property with the development authority;

at any price and under any other terms and conditions as may be determined by the eligible political subdivision and the development authority. However, before making an assignment or sale of a lease or entering into a lease under this section that would otherwise be subject to IC 5-22, the eligible 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.

     (b) In addition to the provisions of subsection (a), with respect to projects undertaken by the authority, the authority shall set a goal for participation by minority business enterprises of fifteen percent (15%) and women’s business enterprises of five percent (5%), consistent with 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. In fulfilling the goal, the authority shall take into account historical precedents in the same market.

     (c) As an alternative to IC 36-1-12, the development authority may utilize and may comply with:

(1) IC 5-16;

(2) IC 5-23;

(3) IC 5-30;

(4) IC 5-32; or

(5) any combination of the articles listed in subdivisions (1) through (4) as determined by the development authority as appropriate;

when acquiring, financing, and constructing a public work that is a development project (as defined in IC 36-7.5-4.5-5).

     (d) The development authority may:

(1) contract with;

(2) assign to; or

(3) delegate to;

a commuter transportation district to perform any duties and exercise any powers of the development authority under this chapter.

As added by P.L.214-2005, SEC.73. Amended by P.L.252-2015, SEC.48; P.L.189-2018, SEC.167; P.L.10-2019, SEC.136.

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